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Last Test for Criminal Law
Chapter 7-11
32
Criminal Justice
Undergraduate 2
11/29/2011

Additional Criminal Justice Flashcards

 


 

Cards

Term
Accomplices
Definition
The parties liable as principles before and during the crime.
Term
Accessories
Definition
The parties liable for seperate, lesser offenses following a crime.
Term
Conspiracy
Definition
Agreeing to commit a crime.
Term
Vicarious liability
Definition
The principle of liability for another based on relationship.
Term
Mere Presence Rule
Definition
A person's presence at the scene of a crime does not by itself satisfy the actus reus requirement of accomplice liability.
Term
Complicity
Definition
The principle regarding parties to crime that establishes the conditions under which more than one person incurs liability before, during, and after committing crime; when one person is liable for another person's crime.
Term
Accessory-after-the-fact
Definition
Whoever, knowing that an offense has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an __________; one who knowing a felony to have been committed by another, receives, relieves, comforts, or assists the felon in order to hinder the felon's apprehension, trial, or punishment
Term
Incohate Offenses
Definition
Offenses based on crimes not yet committed.
Term
Dangerious Act Rationale (in attempt law)
Definition
Looking at how fully defendant developed a criminal purpose to commit a crime.
Term
Legal Impossibility
Definition
The defense that what the actor attempted was not a "crime"
Term
Abondment
Definition
The giving up of a thing absolutely, without reference to any particular person or purpose. For example, vacating property with the intention of not returning, so that it may be appropriated by the next comer or finder. The voluntary relinquishment of possession of a thing by its owner with the intention of terminating ownership, but without vesting it in any other person. The relinquishing of all title, possession, or claim, or a virtual, intentional throwing away of property.
Term
Conspiracy
Definition
Agreeing to commit a crime.
Term
Solicitaion
Definition
Trying to get someone to commit a crime.
Term
Criminal homicide
Definition
A homicide that is neither justified or excused.
Term
Uniform Brain Death Act
Definition
An individual who has sustained either  irreversible cessation of circulatory and respiratory functions, or  irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards
Term
Born Alive Rule
Definition
Homicide law once said that to be a person, and therefore a homicide victime, a baby had to be "born alive" and capable of breathing and maintaining a heartbeat on its own.
Term
What Distinguishes Death Penalty
Definition
Sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. Depending on state laws, it may be allowed or illegal to enact the death penalty.
Term
Aggravating Circumstances
Definition
Circumstances that increase the seriousness or outrageousness of a given crime, which will increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury, or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence.
Term
Malice Aforethought
Definition
Killing on purpose after planning it.
Term
Felony Murder
Definition
Unintentional deaths that occur during the commission of felonies.
Term
Depraved Heart Murder
Definition
Exremely reckless killing.
Term
Mitigating Circumstance
Definition
Conditions or happenings which do not excuse or justify criminal conduct, but are considered out of mercy or fairness in deciding the degree of the offense the prosecutor charges or influencing reduction of the penalty upon conviction. Example: a young man shoots his father after years of being beaten, belittled, sworn at and treated without love. "Heat of passion" or "diminished capacity" are forms of such mitigating circumstances.
Term
Objective test of cooling off time
Definition
In voluntary manslaughter, the element of whether in similar circumstances a reasonable person would have had time to cool off.
Term
Sex Offenses
Definition
Violent and non-violent offenses. Violent includes forcible rape and non-violent includes statutory rape. All amongst other things.
Term
Rape Laws After 1970's
Definition
The addition of spousal rape.
Term
Forcible Rape
Definition
Rape that requires force. Rape where the anal or vaginal sexual intercourse is deemed to be without the lawful consent of the victim. In a this specific form of rape, the victim is prevented from resisting the sexual act because of the offender’s use of force or threats of physical violence, under circumstances where the victim reasonably believes that such resistance would not prevent the rape.
Term
Statutory Rape
Definition
To have carnal knowledge of a person under the age of consent whether or not accomplish by force.
Term
Kidnapping
Definition
Taking or carrying away another person with intent to deprive the other person of personal liberty.
Term
False Imprisonment
Definition
The heart of the crime is depriving others of their personal liberty.
Term
Aggravated Assault
Definition
A person is guilty of this if he or she attempts to cause serious bodily injury to another or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. In all jurisdictions statutes punish such aggravated assaults as assault with intent to murder (or rob or kill or rape) and assault with a dangerous (or deadly) weapon more severely than "simple" assaults.
Term
Battery
Definition
Unwanted and unjustified offensive touching.
Term
Defense of reasonable mistake
Definition
The belief may apply where a person conducts themselves in a certain way, and does so in an honest belief that they are entitled to do so. In these circumstances, that person is entitled to raise this defence as a mistake. The act would not have been committed with a guilty mind.

This defence can only be brought up in cases of strict liability. In these types of cases, there is no requirement for the prosecution to prove that an accused intended the result to occur.

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