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41 terms

test no. 4 study guide

things to know for cjus class
STUDY
PLAY
Actus Reus
Act committed that was in violation to the law
Mens rea
Intent that a person has to commit a crime
Causation
Prosecution must prove "causation" weather it be the cause if death, Injury, ect.
Direct causation
Act was intentional/ direct
Act caused the injury
Proximate Causation
Act was not direct
Resulted in death/ injury
Retribution:
Society can vent anger
Exact vengeance
Deterrence
To dissuade offenders
Restraint:
Confinement
Executed
Incapacitated
No further opportunity to commit a crime
Rehabilitation
Education and treatment
Become productive member of Society
And returns to society
Restoration
Victim-oriented approach
Victim compensation
-called restitution
Gives constructive roles for victims
Principals
Those involved in a crime
First degree
Requires the intent of the person
Engages knowingly in criminal activity
Causes the harm
Second Degree
Aid's, counsels, enables, or commands crime
Present at time of crime
Accessories
Aids/ abets a crime: before the fact
Aids/ receives/ comforts: after the fact
Constructively present
Such as a get away driver
Principal 2nd degree
Enables, commands, aids or counsels
2nd degree criminal charge
Embezzlement
Unlawful possession of another's money or property
Fraudulently convert money or property
Extortion
Not threats of immediate violence
Threats of future harm
Accuse of crime
Not just possession
Theft by false pretenses
Obtains title to property of another
Knowingly makes false representations
With intent to defraud
Must gain title/ not just possession
Receiving stolen property
Buying/ receiving
Known to have been stolen
Forgery
Making a false writing
Materially alter a genuine writing
Fortification
Unmarried
Sexual intercourse
Who cohabitate
Adultery
Married person
Cohabits with another
Has sexual intercourse
Sodomy
Variety of sexual acts
Human partners (same/opposite sex)
Human and animal (bestiality)
Sexual contact with a corpse (necrophilia)
Incest
Cohabitation / sexual intercourse
Closely related persons
Parent and child/ Siblings
Related by birth rather than marriage
Bigamy
Marriage before prior marriage terminated
Prostitution
Provided sex to another for a reward
Male or female
Crimes against government
Authority to protect itself
Against injury/ destruction
Protect from corruption
Treason
Attempting by overt acts
To overthrow/ levy war
Against the government
Perjury
Willfully giving a false statement while under oath
Concerning a material matter
Concerning a material matter
In a judicial proceeding /congressional hearing/ before a notary public
Bribery
Giving or promising to give a public official something of value
When are police allowed to search a Motor vehicle?
Probable cause
When are police allowed to Stop and Frisk a person?
Reasonable suspicion
open fields doctrine
Search for contraband
abandoned property
automobile, dwelling, personnel property
customs and immigration
exempt from Probable cause
mere suspicion
can detain and search
Body searches
"real" or "reasonable suspicion"
Body cavity search
"clear indication"
4th amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
private citizens searches
Garbage can placed at curb next to house is illegal to search
probation- parole
condition of waive right to search and seizure