exam II

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1

specific intent

intent to produce a specific result

2

transferred intent

situation in which a person acts with the intent to cause a specific result and someone or something else ends up being the target of the conduct, where in the law transfers the intent to harm or injure the original target to the target actually harmed.

3

intent

evil state of mind that, when coupled with an unlawful act, makes one criminally liable.

4

mens rea

latin term meaning "criminal intent"

5

motive

reason one acts the way one does

6

burglary

breaking and entering to stealsomething

7

breaking and entering leads to what?

intent

8

specific intent

breaking and entering to murder someone

9

culpability

blame worthiness
1.purpose 2.knowledge 3.reckless 4.negligence

10

purpose

doing something with an understanding/ not always on purpose

11

knowledge

doing something on purpose

12

reckless

lesser culpability/ wrongful state of mind/ actor does not intend with any harm.

13

negligence

1.standard of care (duty)- required to do something
2.breach of duty- failed to do what you're supposed to do
3.proximate(direct)cause
4.harm

14

recklessness

state of mind of one who acts in a manner not necessarily intending harm,but reflecting a complete disregard for the rights and safety of others.

15

negligence

state of mind that accompanies an injury or harm proximate caused by breach of standard of care owed by one person to another. the severity of the breach distinguishes criminal from civil negligence.

16

criminal negligence is often called

grass or culpable negligence, but all these terms are interchangeable.

17

mala prohibita

are not wrongs in themselves but are wrongs because the law makers say so.

18

criminal law is

black and or white

19

prosecution must prove what?

that the individual is guilty beyond a reasonable doubt.

20

defense

reason why an accused should not be responsible for the commission of a criminal act

21

there is a difference between what?

innocent and not guily

22

the truth is what?

every prosecutor should be aware with

23

defense against the prosecution

pick one to arrive at the truth

24

responsibility

concept that a person acts of his or her own free will and therefore may be held accountable for his or her acts, including those society says are criminal.

25

our system is what?

an accusatory system

26

why don't we have to prove our self?

the persecutor has to determine if we are guilty or not beyond a reasonable doubt.

27

two defenses because of guilt factor

alibi and affirmative

28

alibi

if properly and truthfully proven, means you truely are innocent.

29

affirmative

excuses in a crime or of a crime justifications

30

prosecution has to do what?

make sure that a crime was committed but there is a reasonable doubt that someone besides the accused have been able to commit the crime.

31

admissions

statement, when considered along with other evidence tend to command guilt.

32

confessions

statement, admitting that a crime was committed and a statement admitting to the corpus delecti.

33

the accused had admitted that a crime has taken place

and admitting that there was some action in a crime or in a certain crime.

34

consent

defense used if the victim had the authority to and did consent to the act with which the accused is charged.

35

alleged victim

(willing participant)took place in a crime-consolidated the mens rea.

36

necessity

defense raised when an accused is faced with the press of events that causes conduct for which there is no readily apparent alternative.

37

retreat doctrine

about to be attacked, you must back away or do something to defend yourself

38

battered spouse syndrome

defense used by an accused who has been the victim of domestic violence and who is accused of causing injury or death to the batterer.

39

custom

often-raised (but never successful) defense that a law prescribing a criminal act has not been enforced before.

40

selective enforcement

defense that the enforcement of the criminal law, with which the accused is charged, is selectively enforced based on criteria other than the violation alone. PA doesn't use this.

41

religous belief

generally unsuccessful defense based on a claim that an otherwise criminal act is excused because it is an accepted or prescribed part of a religious ritual.

42

involuntary intoxication

generally a valid defense if the accused was forcibly intoxicated to a sufficient degree as to be incapable of having criminal intent.

43

aggravating immediate

make an individual more blameworthy ex: ripping up body

44

mitigating circumstances

successfully pleading a perfect or imperfect defense.

45

imperfect defense

found not guilty but guilt for lesser offense crim. charges.

46

foreseability

diminished->mental instability, motion

47

diminish capacity

type of insanity defense used to establish the inability of an accused to form a specific intent when that is an essential element of the charged crime.

48

common law immunity

voluntary agreement not to prosecute, not to sentence, or not to use testimony against an accused in exchange for testimony concerning a criminal case.

49

entrapment is inducement

means that the accused person did not intend to commit a crime before being induced to dose.

50

entrapment

defense based on a claim that law enforcement encouraged and pressured the accused into committing a crime that the accused was not already willing and able to commit.

51

mistake of law

knowing something or thinking something was illegal and thats your excuse> doesnt count.
- you had an opportunity to learn the law.

52

mistake of fact

defense used by an accused who commits a prohibited act in good faith and with a reasonable belief that certain facts exist that(if they actually did exist)would make the act innocent.

53

insanity

defense to a crime if the accused cannot aid in the preparation of his or her case or was incapable of having criminal intent at the time the act occurred.

54

McNaughten Rule

one of the tests of insanity, often called the right-wrong test. the defendant is insane if, at the time of committing the act, the defendant was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act, or if the defendant did have knowledge of the nature and quality of the act but did not know that it was wrong.

55

durham rule

product test >goes along with the McNaughten rule.

56

appreciation

up to the jury if he or she is wrong.

57

irresistable impulse

little-used test of insanity that delines a person to be insane at the time of committing a criminal act if by reason of a mental disease, the accused had so far lost the power to choose between right and wrong that he or she was unable to avoid doing the act in question.

58

GBMI

(guilty but mentally ill)you'll be cured but still pose a threat.

59

aggravated assualt

any assault of a vicious nature, including assault with intent to commit a serious offense and assault with a deadly weapon.

60

simple assault

attempt or offer, with lawful force or violence, to injure another.

61

sexual assault is:

a special going under battery
-unlawful touching

62

battery

unlawful injury, however slight, done to another person, directly or indirectly, in an angry, revengeful, rude, or insolent manner.

63

mayhem

under common law > depriving someone under their limbs. any act against a person that violently deprives the person of the use of any members so as to make him or her less capable of self-defense.

64

all assaults were misdemeanors;

aggravated cases of assault differed only in the severity of punishment imposed by the judge.

65

at common law

assault was an attempt or offer to do harm, where as battery was the doing of the harm.

66

under the doctrine of merge

if the battery is completed, there is no assault.

67

stalking

crime consisting of a series of acts directed at contacting or following another person when coupled with both intent to cause fear or injury to that person and conduct that causes fear. threat/fear

68

protection from abuse order stops what?

stalking

69

bias motivated

bias for most hate crimes

70

domestic violence

assault or battery committed by one or two persons who live together. primarily growing out of the abusive/battered spouse syndrome, it of ten carries a greater penalty than other assaults and batteries.

71

striking distance doctrine

doctrine that states that for an assault to occur, the person who is offering or attempting injury must be within a reasonable distance, so the threat to cause harm can justify the fear of harm experienced by the victim or so the harm can be immediately implemented.

72

hate crime refers to a category or criminal actions that occur prejudice and criminal actions.

commit a threat because of ethnicity age, and gender then you are guilty of a hatecrime.

73

hate crime statutes

have been challenged on the grounds of violating the first amendment of the law covered by such offenses as murder, malicious destruction of property, trespass, arson, and assault and battery.

74

attempted suicide people

reaching for help

75

proximate cause

harm that you committed becomes this
-issue that we have to comfront

76

when does death occur?

heart stops beating/breathing

77

when does life begin?

one cant really tell or argue this.

78

aforethought

aspect in murder that conveys the meaning of planning ahead.

79

assisted suicide

offense in most states involving assisting another to commit suicide.

80

culpable negligence

negligence with a branch of a standard of care so great as to rise to the level of being a crime.

81

excusable homicide

homicide committed by accident and misfortune or during the commission of an act mala prohibita.

82

felonious homicide

killing of one human being by another under circumstances that make it criminal.

83

felony-murder rule

malice implied to make the offense a capital murder if committed during the commission of a specified felony.

84

feticide

killing of an unborn child

85

heat of passion condition

caused by sufficient provocation that leads to manslaughter

86

homicide

killing of one human being by another.

87

infanticide

killing of a newly born child.

88

involuntary manslaughter

unintentional killing either during the commission of an act malum in se or from culpable negligence.

89

justifiable homicide

necessary killing in performance of a legal duty or exercise of a legal right when the slayer is not at fault.

90

malice aforethought

premeditated design; planned ahead with an evil purpose in mind.

91

manslaughter

criminal homicide not severe enough to be murder.

92

murder

felonious killing of one human being by another with malice aforethought.

93

provocation

element of voluntary manslaughter based on legally sufficient grounds to excite and anger a person enough that the person kills in the heat of passion.

94

quick

when movement or other independent action of an unborn child is felt by the mother.

95

voluntary manslaughter

killing, less severe than murder, done in the heat of passion.

96

year and a day rule

at common law, if death from a criminal homicide did not occur within this time period, the offender is not held liable for the death.

97

true

not all homicides are criminal

98

justifiable and excusable

homicides fall into two categories

99

misadventure

death occurring during commission of a lawful act, or a mulum prohibitum unlawful act, committed without any intent to hurt and without criminal negligence.

100

express malice

intended to kill

101

implied malice

likely to cause death

102

duress

defense based on a claim that one is compelled or commanded to commit a crime under fear or threat against his or her person.

103

statute of limitations

statute that limits the amount of time after which a crime is committed and within which prosecution of an accused must begin.

104

statutory immunity

involuntary agreement used to compel testimony by guaranteeing that the witness will not be prosecuted,or that any compelled testimony will not be used against the witness.

105

voluntary intoxication

generally not accepted as a defense unless the intoxication is so great as to render the accused unable to form a specific intent if the crime charged requires such proof.