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Definition
| rule or principle prescribing a particular course of action or conduct. |
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Term
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Definition
| likely to cause death or great bodily harm. |
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Term
| The use of "deadly force" is justifiable only if... |
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Definition
| the defendant reasonably believes that the force is necessary to prevent imminent death or great bodily harm. |
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Term
| Justifiable DF while resisting: |
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Definition
another's attempt to murder
any attempt to commit felony
any attempt to commit felony upon or in any dwelling, residence, or vehicle occupied by him/her |
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Term
| Justifiable DF necessary to prevent: |
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Definition
imminent death or great bodily harm
imminent commission of forcible felony |
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Term
| The use of DF is not justified if you find: |
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Definition
| defendant was attempting to commit, commiting, or escaping after commission of forcible felony. Defendant initially provoked the use of deadly force unless: A: a great belief of imminent death or GBH has exhausted every means to escape other than using deadly force. B: In good faith the defendant withdrew from physical contact with assailant and clearly indicated so. |
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Term
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Definition
| force not likely to cause death or GBH |
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Term
| Justified in use of NDF if these 2 facts are proved: (in defense of person) |
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Definition
1. Defendant must have reasonably believed that such conduct was necessary to defend themself or another against victim's imminent use of unlawful force against the defendant or another person.
2. The use of unlawful force by victim must have appeared to defendant to be ready to take place. |
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Term
| Justified in use of NDF if these 3 facts are proved: (in defense of property) |
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Definition
1. Victim must have been trespassing or wrongfully interfering with land orpersonal property.
2. the land or personal property must have lawfully been in defendant's possession, or of a member of his/her immediate family or household, or some person with legal duty to protect.
3. Defendant must have reasonably believed that their use of force was necessary to prevent/terminate victim's wrongful behavior. |
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Term
| Assault: (state must prove these 3 elements beyond reasonable doubt) |
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Definition
1. Defendant intentionally and unlawfully threatened, either by word or act, to do violence to victim.
2. At the time defendant appeared to have the ability to carry out the threat.
3. The act of defendant created in the mind of victim a well founded fear that the violence was about to take place. |
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Term
| Aggravated Assault: (state must prove these 4 elements beyond reasonable doubt) |
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Definition
| 1. Defendant intentionally & unlawfully threatened, either by word or act, to do violence to victim. 2. At the time the defendant appeared to have the ability to carry out the threat. 3. The act of defendant created in the mind of victim a well founded fear that the violence was about to take place. 4a. The assault was made with a deadly weapon. 4b. the assault was made with a fully formed conscious intent to commit crime charged against victim. |
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Term
| Battery: (state must prove these 2 elements beyond reasonable doubt) |
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Definition
1. Defendant intentionally touched or struck victim against his/her will.
2. Defendant intentionally caused bodily harm to victim. |
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Term
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Definition
1. Defendant intentionally touched or struck victim against his/her will.
& Defendant intentionally caused bodily harm to victim.
2. Defendant in committing the battery:
a. intentionally or knowingly caused:
GBH to victim, permanent disability to victim, permanent disfigurement to victim.
b. used a deadly weapon. |
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Term
| Aggrevated battery [pregnant victim] |
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Definition
1. Defendant intentionally touched or struck victim against his/her will.
& Defendant intentionally caused bodily harm to victim.
2. Victim was pregnant at the time.
3. Defendant in committing the battery knew or should have known that victim was pregnant. |
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Term
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Definition
1. Defendant intentionally touched or struck victim against his/her will.
2. Defendant caused:
GBH to victim, permanent disability to victim, or permanent disfigurement to victim. |
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Term
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Definition
| lawful if necessarily done while resisting an attempt to murder or commit a felony upon the defendant, or to commit a felony in any dwelling house in which the defendant was at the time of the killing. |
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Term
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Definition
| Lawful if: 1. The killing is commited by accident and misfortune while doing any lawful act |
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Term
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Definition
| "The body of the cime" The prosecution must prove that the crime charged has been commited. |
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Term
| How do you prove corpus delicti in "no body" cases? |
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Definition
| Usually w/o a body there is no criminal case because of lack of evidence, however corpus delicti may be proven by circumstantial evidence even w/o the body. |
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Term
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Definition
| The decision to withhold treatment or "pull the plug" on a person in a PVS (persistant vegetative state) |
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Term
| Depraved mind/heart murder |
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Definition
| Knowledge that ones conduct endangers the life of another yet deliberately continues to act in a manner that shows a conscious disregard for life. |
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Term
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Definition
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Term
| Imperfect self defense manslaghter |
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Definition
| The killer subjectively believes that his or her conduct was necessary. But the killing was done with with excessive or unnecessary force in self-defense. |
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Term
| How does a murder downgrade to manslaughter? (if the killing was imperfect self-defense) |
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Definition
| The deceased person provoked the killing by his/her own conduct, the killer believed that his or her conduct was lawful and therefore possessed no "malice." |
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Term
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Definition
| There was premeditation, victim is dead, death was caused by a criminal act. |
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Term
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Definition
| A series of related actions arising from and performed pursuant to a single design or purpose. |
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Term
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Definition
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Term
| Why is corroborative evidence important in a rape case? |
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Definition
| Without it the case may be viewed as weak. |
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Term
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Definition
| Evidence affirming and supporting statements of the victim. |
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Term
| What are some examples of corroborative evidence |
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Definition
| Physical injury or marks, torn or stained clothing, genetic material, weapons, or finger prints. |
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Term
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Definition
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True or False:
Honest mistake to the age of the minor is a defense in most states. |
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Definition
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Term
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Definition
| (A) Engaging in sexual relations with another person for a fee or something of value, (B) offering of soliciting to engage in sexual relations for a fee or something of value, (C) requesting or agreeing to pay a fee or something of value to another for sexual services & acts. |
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Term
True or False:
Members of either sex may now be convicted of prostitution. |
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Definition
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Term
| Which state in the US has legalized prostitution? |
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Definition
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Term
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Definition
| "Mercy killing" considered murder. |
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Term
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Definition
| Punishment depends on the degree of participation and the law of that state. |
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Term
| The Oregon "Death With Dignity" Law |
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Definition
| It permits assisted suicide, an Oregon physician may legally prescribe drugs to end the patient's life in particular circumstances. |
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Term
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Definition
| Under common law these were two seperate crimes but today they are sometimes used to mean one offense. A battery cannot be commited w/o assaulting a victim but can be the reverse. |
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Term
| Most statutes define "assault" as |
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Definition
| An attempt to commit a battery, and/or an intentional frightening. In many states the crime of assault includes the offense of battery. |
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Term
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Definition
| Mainly due to race. (anti-black) also 57% of sex orientation crimes were anti-male homosexual, majority of anti-religion crimes were anti-jewish. |
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Term
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Definition
| It is usually not prosecuted. The prosecutor may continue to prosecute even if the complainant wants the charges dropped. |
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Term
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Definition
| (a) tension-building phase, (b) acute-battering phase, (c) honeymoon phase |
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Term
| Violence in the workplace |
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Definition
| Each year 1 million ppl become victims of violent crimes while at work. Mostly robbed, assualted, or raped. |
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Term
| (General Property Concepts) "Property" |
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Definition
| Divided into 2 types: real property (real estate) & personal property which is everything else. |
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Term
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Definition
| Include: (1) the right of ownership and (2) the right of possession. |
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Term
| General Property Concepts |
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Definition
| Property may be owned solely or jointly, it may also be owned by a corporation or may be vested in a gov.t unit. |
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Term
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Definition
| (One cannot give what one does not have) it requires the innocent purchaser to be very wary. |
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