ALEA - 2.11 Criminal Law I
Terms in this set (110)
What are the alternatives to prosecution?
- referral services
What is the rule of construction?
-the letter of the law vs the spirt of the law
Under what laws are military personnel subject to?
-state law and uniform code of military justice
Is Arizona considered a common law state or not?
-no, it is not considered a common law state; repealed in 2006
What is the definition of act?
-actual body movement a subject made
What is the definition of benefit?
-anything of value or gain
What is the definition of calendar year?
-365 days from the time of sentence
What is the definition of conduct?
-means of your "act" and mental state
In a crime, mental state determined by what?
-determined by witness statement, evidence and interview
What is the definition of crime?
-a felony or misdemeanor
How many people are needed for a gang to be considered a criminal street gang?
-only 1 member is need
What is the definition of criminal street gang?
-individual or collectively association engage in the commission, attempted commission, facilitation or solicitation of any felony act
What are the 4 culpable mental states?
What is the definition of criminal negligence?
-failure to perceive the risk
What is the definition of recklessly?
-there was a perceived risk and the person was aware and consciously disregarded the risk
What is the definition of knowingly?
-aware that the circumstances of the crime exist
What is the definition of intentionally?
-goal; the person's goal is to cause the conduct of the crime
What is the definition of dangerous instrument?
-anything used or attempted to use that is capable of causing death or injury
What is the definition of deadly physical force?
-force used with the purpose of causing death / serious injury
What is the definition of deadly weapon?
-anything designed for lethal use including a firearm
What is the definition of felony?
-an offense in which a person is placed in prison for a sentence for over a year
What is the definition of misdemeanor?
-an offense in which a person in placed in jail, county for a sentence less than a year
What is the definition of a firearm?
-expel a projectile by the action of expanding gas
What is the definition of omission?
-failure to perform an act imposed by the law
What is the definition of petty offense?
-sentence for an offense which is only a fine
What is the definition of serious physical injury?
-any injury that requires health care attention / hospitalization
What is the definition of vehicle?
-device that could transport on highway, waterway or airway (excludes trains)
What is the definition of possess?
-knowingly have physical possession or control of property
What is the definition of possession?
-knowingly exercised control over property
What is the definition of property?
-anything of value, or someone else's stuff
In what crimes are there no statute of limitations
any violent sexual assault
falsification of public records
What is the statute of limitations for class 2 - class 6 felonies?
-7 years when actually discovered
What is the statute of limitations for misdemeanors?
What is the statute of limitations for petty offenses?
What are the requirements for criminal liability?
-you have to be physically capable of committing a crime
What is strict liability?
-mental state has no effect on the crime being committed
Can you claim ignorance for a crime?
-no, unless there is a culpable state of mind
What is the definition of accomplice?
-provides means / opportunity to another person to commit a crime
What is criminal liability of another?
-a person and accomplice are both legally liable for the commission of a crime
When must a juvenile be charged as an adult?
-if the juvenile is 15, 16, 17 and commits:
-1st degree murder
-2nd degree murder
-forcible sexual assault
-any other violent felony offense
What are the classifications of offenses?
When is the insanity claim not applicable?
-when the defendant is intoxicated
If someone is going to claim insanity what must they prove?
-they have to prove that they were insane at the time the crime was committed
When can someone claim insanity?
-their mental state prohibited them from knowing the criminal offense was wrong
If a crime is committed in a school zone, how is prosecution handled?
-aside from drug charges, court will impose sentence 1 year longer than otherwise.
If found guilty of a felony what civil rights do you lose?
-right to vote
-right to hold public office
-right to serve as a juror
-right to search and seizure
right to possess a gun or firearm
If found guilty of a felony what are your employment rights?
-can't be denied employment except if the job has a reasonable relationship to your crime
What constitutes attempt?
-requires criminal intent
-intentionally engages in the conduct
-any step or plan a course of action to commit the crime
-aid planning for another to commit the act
How is attempt charged?
-charged 1 offense lower than the actual offense
What constitutes solicitation?
-intent to promote or facilitate in the commission of a felony / misdemeanor (command, encourages, requests)
How is solicitation charged?
-charged 2 offenses lower than the actual offense
What constitutes conspiracy?
-2 or more people conspire w/ intent to commit the offense
-if more people are brought in all people involved wither known or unknown are all guilty
How is conspiracy charged?
-if found guilty of conspiracy you will be charged the same as the most serious offense
What constitutes facilitation?
-providing information to another person with means or opportunity to commit the offense
How is facilitation charged?
-charged 4 offenses lower than the actual offense
What is premeditation?
-a person has the time to think about it and plan the action
What 4 classifications of homicide are there?
-1st degree murder
-2nd degree murder
What is adequate provocation?
-circumstances that causes a person to lose all self-control
What constitutes negligent homicide?
-criminal negligence that causes death of a person / unborn child
What are the defenses of negligent homicide?
-a doctor performing abortion
-a doctor performing a medical procedure
-the mother of an unborn child
What classification of offense is negligent homicide?
-class 4 felony
What constitutes manslaughter?
-recklessly causes the death of another person
-sudden quarrel or heat of passion resulting from adequate provocation
-aiding in a suicide
-being forced to kill someone because of a threat to your or a third person
-death of an unborn child by injury to the mother
What constitutes 2nd degree murder?
-intentionally causing the death of a person or unborn child
-knowing the conduct will cause death
-leaving a person that will result in death after a fight
What classification of offense is 2nd degree murder?
-class 1 felony
What constitutes 1st degree murder?
-knowing the conduct will cause death using premeditation
-intending or knowing to kill a peace officer in the line of duty
-committing / attempting to commit a violent sexual crime, child molestation, narcotics offense, kidnapping, burglary or fleeing from an officer and in the process a person is killed
What classification of offense is 1st degree murder?
-class 1 felony
What is the felony murder rule?
-if 1 or more people commit or attempt to commit a violent crime and if anyone dies they are charged with 1st degree murder
What is the definition of endangerment?
-recklessly endangering another person with the substantial risk of death or injury
What constitutes threatening / intimidation?
-intimidates or threatens by word or conduct
-physical injury or serious damage to property of another
-a bomb threat, pulling a fire alarm when not an emergency
What constitutes assault?
-intentionally, knowingly or recklessly causing physical injury to another
-intentionally placing a person in a position where they are not free to leave
-touching someone w/ intent to injure, insult or provoke
What elements constitute aggravated assault?
-you must have assault in order to have aggravated assault in conjunction with:
-causes serious physical injury
-uses a deadly weapon or dangerous instrument
-victim bound or restrained or victim's capacity to resist is impaired
-person commits assault after entering private home
-assault on a peace officer on or off duty
-attempting to take control of a peace officers gun or anything on belt other than handcuffs
What constitutes a drive by shooting?
-shooting from a vehicle at another person, vehicle or structure
If the individual or individuals involved in a drive by are caught but did not injury or kill anyone what is their punishment?
-the driver and occupants involved will lose their license for 1 year up to 5 years
What is the definition of restrain?
-to restrict a person's movement w/o consent; or substantially interfere with someone's liberty
How would someone be restrained?
-by physical force, intimidation or deception
What is the definition of custodial interference?
-a person knows or has reason to know that they have no legal right to:
-keeps a child away from lawful authority
-a parent w/o court order withholds a child from the other parent
If a child is born out of wedlock who is the legal guardian?
What constitutes unlawful imprisonment?
-knowingly restrain another person
What are defenses from unlawful imprisonment?
- a peace officer acting in good faith in lawful performance of his duty
-relative acting in protection of another family member i.e.: save child, protect from suicide
What constitutes kidnapping?
-knowingly restrains a person with the intent to:
-ransom, human shield or hostage
-hold someone to perform service for your
-inflict death, physical injury or sexual offense
-interfere w/ government functions
-take control of airplane, train or any vehicle
What is access interference?
-engages in a pattern of behavior that presents access of the other person who has a court order to see a child
What is the definition of oral sexual contact?
-mouth in contact w/ penis, vulva, anus
What is the definition of sexual contact?
-direct or indirect contact
What is the definition of sexual intercourse?
-any penetration into the penis, vulva or anus with anybody part or object to any degree
What constitutes "without consent"?
-coerced by the immediate use or threat or force
-incapable of consent by reason of mental disorder, drugs, alcohol, sleep or any other similar impairment
-pretending to be the spouse
What is the definition of indecent exposure?
-he/she exposes genitals or anus or woman exposes areola/nipple of her breast and another person is present
What is the definition of public sexual indecency?
-knowingly or intentionally engaging in sexual contact, oral sexual contact, sexual intercourse or bestiality and another person is present
What is the definition of sexual abuse?
-intentionally or knowingly engaging in sexual contact with someone who is 15 years or odler w/o consent or if the person is under 15 and sexual contact only involves the female breast.
What is the definition of sexual conduct with a minor?
-sexual intercourse or oral sexual contact with someone who is under the age of 18
What are the defenses to sexual conduct with a minor?
-lawful medical practice
-could not reasonably have known the age of the victim
-victim is either 15,16, or 17 and the defendant is under 19 and is no more than 24 months older than the victim
What are the defenses to sexual abuse?
-lawful medical practice
-defendant was not motivated by sexual interest (ie: slapping the butt during baseball game)
What is the definition of sexual assault?
-sexual intercourse or oral sexual contact with any person w/o consent
What is the definition of child molestation?
-intentionally engaging in or cause a person to engage in sexual contact with someone under 15 years of age?
What is the statute of limitations on child molestation?
-no statute of limitations
If sexual assault occurs on a minor what are the instances for consent to medical examination?
-if a sexual assault occurred on a minor and the legal guardians cannot be found in a reasonable time then a child of 12 or older can give consent
-if legal guardians don't give consent and the child is younger than 12 then a court order is needed
What is the definition of Enter or Remain Unlawfully?
-Person who enters or remains on premises without being licensed, authorized or otherwise privileged.
What is the definition of Fenced Residential Yard?
-Unit of real property enclosed by a fence, wall, building or similar barrier or any combination.
What is the definition of In The Course of Committing?
-Any acts that are performed by an intruder from the moment of entry, including flight from scene of the crime.
What is the definition of Manipulation Key?
-Key, device or instrument that is designed to manipulate a lock or cylinder - wiggle, jiggle or rocker key
What is the definition of Master Key?
-A key that operates all the keyed locks or cylinders in a similar type or group of locks
What is the definition of Residential Structure?
-Any structure, movable or immovable, permanent or temporary that is adapted for both human residence and lodging whether occupied or not.
What constitutes 3rd degree Criminal Trespass?
-Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by law enforcement officer, the owner or any other person having control over property.
What constitutes 2nd degree Criminal Trespass?
-Knowingly entering or remaining unlawfully in or on any nonresidential (business) structure or in any fenced commercial yard.
What constitutes 1st degree Criminal Trespass?
-Entering or remaining unlawfully in or on a residential structure, in a fenced residential yard. Entering a residential yard unlawfully and looking into residential structure (Peeping Tom)
What is possession of burglary tools?
-Possessing any explosive, tool instrument used commonly for committing any form of burglary. Buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key.
What constitutes 3rd degree Burglary?
-Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial yard with intent to commit theft or any felony.-Making entry into any part of a motor vehicle by manipulation key or master key with intent to commit any theft or felony.
What constitutes 2nd degree Burglary?
-Entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony
What constitutes 1st degree Burglary?
-A person or an accomplice violates the provisions of Burglary 2 & 3 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
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