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american law - unit 2 vocab
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Terms in this set (56)
State of Mind
what you are thinking; most crimes require the actor to purposefully commit the prohibited act
Mens Rea
latin term used by lawyers when discussing the requirements for a guilty state of mind
Strict Liability
the legal responsibility for damage or injury even if you are not negligent
Elements
the conditions that make an act unlawful, must be proven in trial to convict the offender
Robbery
the unlawful taking and carrying away of goods from someone's person by force or intimidation
felony
more serious crimes where a potential penalty is imprisonment for more than one year
Misdemeanor
any crime for which the potential penalty is imprisonment for one year or less
principal
the person who commits the crime
accomplice
someone who helps the principal commit the crime
accessory before the fact
person who helps commit a crime but is not present
accessory after the fact
person who helps commit a crime but is not present
crime of omission
when a person fails to perform an act required by a criminal law, if he or she is physically able to perform the required act
incohate crimes
crimes that are committed before or in preparation for committing another crime
solicitation
the act of requesting or strongly urging someone to do something, if the request is to do something illegal, it is considered a crime
attempt
an effort that goes beyond mere preparation but does not result in the commission of a crime
overt act
an act that is open to view
malice
having the intent to kill or seriously harm another person or acting in an extremely reckless manner that shows lack of regard for human life
premeditated
thought about beforehand
second degree murder
killing that is done with malice, but without premeditation or deliberation
involuntary manslaughter
killings in which there is no intent to kill at all
negligence
the failure to exercise a reasonable or ordinary amount of care in a situation, thereby causing harm to someone
assault
any attempt or threat to carry out physical attack upon another person
stalking
occurs when a person repeatedly follows or harasses another person and makes threats causing the victims to fear death or bodily injury
rape
sexual intercourse without consent
arson
the willful and malicious burning of a person's property
larceny
the unlawful taking and carrying away of the property of another person against his or her will with the intent to permanently deprive the owner of it
concealment
the crime of attempted shoplifting
extortion
(blackmail) the use of threats to obtain property of another
forgery
a crime in which a person falsely makes or alters a writing or document with the intent of defraud
uttering
offering someone a document as genuine although it is known to be fake
receiving stolen property
if you receive or buy property that you know or have reason to believe is stolen
unauthorized use of a vehicle
unlawfully taking a motor vehicle without the owner's consent, committed only if the person intends to take the car temporarily (ex. joyriding)
carjacking
when a person uses force or intimidation to steal a car from a driver
alibi
evidence that the defendant was somewhere else at the time the crime was committed
DNA evidence
makes it possible to connect an offender conclusively to a crime
stand your ground laws
gives a person the right to defend their property against unwarranted intrusion
infancy
defense for a person considered not yet legally responsible for his or her actions
intoxication defense
defense that a state of drunkenness or similar condition created by the use of drugs or alcohol lead them to committing a crime they did not know they were doing
insanity defense
mental state can be an issue determining whether the defendant is competent to stand trial, the defendant was sane at the time of the criminal act, the defendant is sane after the trial
only applies if defendant was insane at time of crime
entrapment
defense that applies when the defendant admits to committing a criminal act but claims that he or she was induced or persuaded by a law enforcement officer to commit the crime
duress
doing something as a result of coercion or a threat of immediate danger to life or personal safety
necessity
compelled to react to a situation that is unavoidable in order to protect life
conspiracy
a agreement between two or more persons to commit a crime, coupled with an intent to commit the crime and some action or conduct that furthers agreement
homicide
the killing of one human being by another
first degree murder
the act of killing that is premeditated, deliberate, and done with malice
felony murder
any killing that takes place during the commission of certain felonies such as rape, arson, robbery, or burglary
voluntary manslaughter
killing that would otherwise be seen as murder but that occurs after the victim has done something to the killer that would cause a reasonable person to lose self-control or act rashly
negligent homicide
causing death through criminal negligence
kidnapping
the unlawful imprisonment or abduction of a person against their will
battery
any unlawful physical contact inflicted by one person upon another person without consent
bullying
version of assault and battery in which peers or acquaintances intimidate or put fear into another person
statutory rape
intercourse with someone under the legal age of consent (lack of consent is not an element of crime)
vandalism
the willful destruction or damage to the property of another
shoplifting
taking items from a store without paying or intending to pay for them
embezzlement
the unlawful taking of property by someone to whom it was entrusted
burglary
the unauthorized entry into any structure with the intent to commit a crime, regardless of the time of day
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