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Study sets matching "criminal law chapter 10"

37 terms
Criminal Law: Chapter 10
Common law rape
Common law sodomy
carnal knowledge
aggravated rape
Intentional, forced, nonconsensual, heterosexual vaginal pene…
anal intercourse between two males
vaginal sexual intercourse
Rape by strangers or individuals with weapons who physically…
Common law rape
Intentional, forced, nonconsensual, heterosexual vaginal pene…
Common law sodomy
anal intercourse between two males
29 terms
Criminal Law Chapter 10
Public-order offenses
CRIMES AGAINST PUBLIC ORDER
Fighting words
Affray
are those that disturb or invade society's peace and tranquil…
Public-order offenses include the following:... Breach of peace…
words that, by their very utterance, inflict injury or tend t…
a fight between two or more people in a public place to the t…
Public-order offenses
are those that disturb or invade society's peace and tranquil…
CRIMES AGAINST PUBLIC ORDER
Public-order offenses include the following:... Breach of peace…
23 terms
Chapter 10, Criminal Law
Defense
Infancy
Children under seven years of age
Children between the ages of 7 and 14
Legally sufficient reason to excuse the complained of behavior
The state of a person who is under the age of legal majority
Are assumed not to possess the mental capacity necessary to f…
Are presumed not to have the mental capacity required for cri…
Defense
Legally sufficient reason to excuse the complained of behavior
Infancy
The state of a person who is under the age of legal majority
31 terms
Criminal Law Chapter 10
Public Order Offense
Public Order Offenses Include:
Fighting Words
Fighting Words are not Protected
those that disturb or invade society's peace and tranquility
-breach of peace... -disorderly conduct... -fighting... -affray... -vagra…
words that, by their very utterance, inflict injury or tend t…
by the free speech clause in the 1st Amendment to the US Cons…
Public Order Offense
those that disturb or invade society's peace and tranquility
Public Order Offenses Include:
-breach of peace... -disorderly conduct... -fighting... -affray... -vagra…
61 terms
Criminal Law Chapter 10
Homicide
Justifiable excusable and criminal
Justifiable homicide
Excusable homicide
The killing if one human being by another
There are 3 types of homicide
An intentional homicide committed under circumstances of nece…
Killing of a human being, either by misadventure or in self-d…
Homicide
The killing if one human being by another
Justifiable excusable and criminal
There are 3 types of homicide
10 terms
Criminal Law Chapter 10
discovery
exclusionary rule
exculpatory evidence
fruit of the poisonous tree doctrine
the pretrial process by which the prosecutor and the defendan…
a legal doctrine that requires illegally seized evidence to b…
items or information that might lead to the defendant's exone…
a legal doctrine that requires any evidence derived from ille…
discovery
the pretrial process by which the prosecutor and the defendan…
exclusionary rule
a legal doctrine that requires illegally seized evidence to b…
29 terms
Criminal Law: Chapter 10
aggravated rape
unarmed acquaintance rape
common law rape
corroboration rule
rape by strangers or individuals with weapons who physically…
nonconsensual sex between individuals who are known to one an…
intentional forced heterosexual vaginal penetration by a man…
an element in rape that the prosecution had to prove rape by…
aggravated rape
rape by strangers or individuals with weapons who physically…
unarmed acquaintance rape
nonconsensual sex between individuals who are known to one an…
22 terms
Criminal Law Chapter 10
What is justifiable homicide?
What is excusable homicide?
What is criminal homicide?
In Pa, who decides which homicide leve…
An intentional homicide committed under circumstances of nece…
The killing of a human being, either by misadventure or in se…
When a person unlawfully intentionally, knowingly, recklessly…
The jury decides.
What is justifiable homicide?
An intentional homicide committed under circumstances of nece…
What is excusable homicide?
The killing of a human being, either by misadventure or in se…
26 terms
Criminal Law Chapter 10
Homicide
Justifiable Homicide
Excusable Homicide
Criminal (felonious) Homicide
The killing of one human being by another
Is defined as an intentional homicide committed under circums…
Is the killing of a human being, either by misadventure or in…
Is when a person unlawfully and knowingly, recklessly, or neg…
Homicide
The killing of one human being by another
Justifiable Homicide
Is defined as an intentional homicide committed under circums…
10 terms
Criminal Law Chapter 10
private search
actual authority
apparent authority
standing
A search by a private person that is not subject to the exclu…
authority to consent to the search is actually possesed by th…
authority that a reasonable person would believe the consenti…
possession of the necessary relationship to an issue to be pe…
private search
A search by a private person that is not subject to the exclu…
actual authority
authority to consent to the search is actually possesed by th…
38 terms
Chapter 10 Criminal Law
what was the common law for rape?
what is sodomy?
the penalty for common law rape was:
why is a rape case particularly diffic…
non-consensual sexual intercourse between a man and a woman (…
sexual conduct between two males (did not include sexual cond…
death
ease of accusing the person and the usual claim of consent
what was the common law for rape?
non-consensual sexual intercourse between a man and a woman (…
what is sodomy?
sexual conduct between two males (did not include sexual cond…
29 terms
Chapter 10: Criminal Law
Crime
Premeditation/Deliberation
Felonies
Misdemeanors
1) Wrong against society set forth in a statute and punishabl…
Planned it out (poisoning)
serious crimes punishable by death or by imprisonment for mor…
less serious crimes, punishable by a fine or confinement for…
Crime
1) Wrong against society set forth in a statute and punishabl…
Premeditation/Deliberation
Planned it out (poisoning)
66 terms
Chapter 10 - Criminal Law
crime
indictment
presumption of innocence
acquitted
a public injury
a formal document in which the government accuses a legal per…
the presumption made about any criminal defendant prior to ve…
to be found not guilty of a crime
crime
a public injury
indictment
a formal document in which the government accuses a legal per…
12 terms
CHAPTER 10 - CRIMINAL LAW
Why is it in business law class?
Nature and purpose of criminal law and…
Categories of Crime
Burden of proof
- Numerous crimes that relate in some way to business entitie…
- To ensure that individuals engaged in business in our socie…
(1) Violent crime: ROBBERY - the act of forcefully and unlawf…
Preponderance of evidence for civil law; beyond a reasonable…
Why is it in business law class?
- Numerous crimes that relate in some way to business entitie…
Nature and purpose of criminal law and…
- To ensure that individuals engaged in business in our socie…
40 terms
chapter 10: Criminal Law
In a criminal case, the state must pro…
The sanctions imposed on criminal wron…
One element that normally must exist f…
The crime of theft requires only the t…
false
false
true
false
In a criminal case, the state must pro…
false
The sanctions imposed on criminal wron…
false
33 terms
Chapter 10 (Criminal Law)
Breach of Peace
Disorderly Conduct
Affray
Not only violent acts, but acts and words likely to produce v…
Specific, purposeful, and unlawful behavior that tends to cau…
A fight between two or more people in a public place to the t…
Breach of Peace
Not only violent acts, but acts and words likely to produce v…
Disorderly Conduct
Specific, purposeful, and unlawful behavior that tends to cau…
60 terms
Chapter 10 Criminal Law
crime
indictment
Criminal vs Civil law
presumption of innocence
a public injury or an offense to the public
a formal document in which the government accuses a legal per…
Criminal: Injury to the public... Prosecuted by government... Attor…
in a criminal case, the defendant is presumed innocent until…
crime
a public injury or an offense to the public
indictment
a formal document in which the government accuses a legal per…
25 terms
Chapter 10: Criminal Law
Crimes
Indictment
Presumption of innocence
acquitted
an offense to the public
a document the government uses to charge someone with committ…
in a criminal case, the defendant is presumed innocent until…
When the state cannot prove its case on a defendant
Crimes
an offense to the public
Indictment
a document the government uses to charge someone with committ…
42 terms
Criminal Law Chapter 10
Vice
Right to Privacy
Fornication
Adultery
Conduct widely considered immoral such as prostitution, gambl…
Constitutional right to engage in intimate personal conduct o…
Sexual intercourse between unmarried persons; an offense at c…
Voluntary sexual intercourse between a married person and som…
Vice
Conduct widely considered immoral such as prostitution, gambl…
Right to Privacy
Constitutional right to engage in intimate personal conduct o…
10 terms
Chapter 10 - Criminal Law
conviction
actus reus
objective intention
subjective intention
...
...
...
...
conviction
...
actus reus
...
27 terms
Chapter 10 Criminal Law
Public Order Offenses
fighting words
affray
driving while intoxicated
disturb or invade societys peace and tranquility
words that inflict injury or incite immediate breach of peace
fight between 2 or more people in a public place
unlawfully operating a motor vehicle while under the influenc…
Public Order Offenses
disturb or invade societys peace and tranquility
fighting words
words that inflict injury or incite immediate breach of peace
31 terms
Chapter 10 criminal law
aggravated rape
unarmed acquaintance rape
Common law rape
Four elements of common law rape
rape by strangers or individuals with weapons who physically…
nonconsensual sex between individuals who know each other
intentional forced heterosexual penetration by a man who is n…
1. intercourse by force or threat 2.intentional intercourse 3…
aggravated rape
rape by strangers or individuals with weapons who physically…
unarmed acquaintance rape
nonconsensual sex between individuals who know each other
32 terms
TMHS-Criminal & Civil Law-chapter 10 & 11
arson
auto theft
burglary
carjacking
The malicious burning of someone else's or one's own dwelling…
unauthorized taking of a vehicle without the intent to return…
The forcible breaking and entering of premises closed for bus…
Occurs if a person uses force or intimidation to steal a car…
arson
The malicious burning of someone else's or one's own dwelling…
auto theft
unauthorized taking of a vehicle without the intent to return…
39 terms
Chapter 10 Criminal Law
crime
indictment
presumption of innocence
acquitted
a public injury or an offense to the public
a formal document in which the government accuses a legal per…
in a criminal case, the defendant is presumed innocent until…
to be found not guilty of a crime
crime
a public injury or an offense to the public
indictment
a formal document in which the government accuses a legal per…
Criminal Law Chapter 10
common law rape
common law sodomy
sexual assault, or criminal sexual con…
aggravated rape
intentional forced heterosexual vaginal penetration by a man…
anal intercourse between two males; 328
328
rape committed with a weapon, by more than one person, or cau…
common law rape
intentional forced heterosexual vaginal penetration by a man…
common law sodomy
anal intercourse between two males; 328
70 terms
Criminal Law: Chapter 10
The death of any person caused by anot…
Some homicides are blameless, either b…
Homicides that are neither justifiable…
The degree of the homicide depends on…
Homicide
Justified or excusable
crimes
Circumstances
The death of any person caused by anot…
Homicide
Some homicides are blameless, either b…
Justified or excusable
73 terms
Chapter 10 - Criminal Law
Can Spam Act
Computer Fraud and Abuse Act
Economic Espionage Act
Federal Sentencing Guidelines
A federal statute carrying civil and criminal penalties for s…
A federal statute that carries punishments for compromising c…
A federal statute that criminalizes the theft of trade secret…
Created by the U.S. Sentencing Commission to provide advisory…
Can Spam Act
A federal statute carrying civil and criminal penalties for s…
Computer Fraud and Abuse Act
A federal statute that carries punishments for compromising c…
32 terms
Chapter 10: Criminal Law
Crime
Primary Sources of Criminal Law
Black Letter Law Quote
The same set of facts and circumstance…
A wrong against society as a whole defined in statutes punish…
Constitutional Law and Statutory Law
"It is better than 10 guilty men go free, then to imprison on…
Yes, because a crime may also be tort and a tort may also be…
Crime
A wrong against society as a whole defined in statutes punish…
Primary Sources of Criminal Law
Constitutional Law and Statutory Law
Chapter 10 Criminal Law
an offense committed by a person of re…
Crimes that threaten the health and na…
air and water pollution to the illegal…
federal government
In sutherland's terms define White Collar Crime
Define environmental crimes
Give examples of environmental crimes
Most prosecutions for environmental crimes are undertaken by…
an offense committed by a person of re…
In sutherland's terms define White Collar Crime
Crimes that threaten the health and na…
Define environmental crimes
Chapter 10: Criminal Law
crime
indictment
presumption of innocence
acquitted
offense to the public, and someone who commits a crime has co…
a document the government uses to charge someone with committ…
the defendant is presumed innocent until the prosecution prov…
when the state can't prove its case
crime
offense to the public, and someone who commits a crime has co…
indictment
a document the government uses to charge someone with committ…
12 terms
Criminal Law Chapter 10
common law arson
curtilage
Malice
Will
The malicious and willful burning of the house of another by…
The land immediately surrounding and associated with the home…
A desire to injure the victim of the unlawful act, readily in…
A separate element of arson that requires proof that the arso…
common law arson
The malicious and willful burning of the house of another by…
curtilage
The land immediately surrounding and associated with the home…
12 terms
Criminal Law Chapter 10
common law arson
curtilage
Malice
Will
The malicious and willful burning of the house of another by…
The land immediately surrounding and associated with the home…
A desire to injure the victim of the unlawful act, readily in…
A separate element of arson that requires proof that the arso…
common law arson
The malicious and willful burning of the house of another by…
curtilage
The land immediately surrounding and associated with the home…
23 terms
Criminal Law Chapter 10
Mayhem
Felony
Misdemeanor
Kidnapping (Common Law)
maliciously causing the disablement of a major body part or o…
anything punishable by more than a year
anything punishable by less than a year
the abduction of stealing away of a person from his country a…
Mayhem
maliciously causing the disablement of a major body part or o…
Felony
anything punishable by more than a year
29 terms
Criminal Law Chapter 10
public order offenses
public-order offenses
fighting words
affray
are those that disturb or invade society's peace and tranquil…
1 .Breach of peace... 2. Disorderly conduct... 3. Fighting... 4. Affra…
- words that, by their very utterance, inflict injury or tend…
a fight between two or more people in a public place to the t…
public order offenses
are those that disturb or invade society's peace and tranquil…
public-order offenses
1 .Breach of peace... 2. Disorderly conduct... 3. Fighting... 4. Affra…
28 terms
Criminal Law Chapter 10
public-order offenses
Examples of Public Order Offenses
fighting words
affray
offenses that disturb or invade society's peace and tranquility
breach of peace, affray, vagrancy, public intoxication, incit…
words that inflict injury or tend to incite an immediate brea…
a fight between two or more people in a public place to the t…
public-order offenses
offenses that disturb or invade society's peace and tranquility
Examples of Public Order Offenses
breach of peace, affray, vagrancy, public intoxication, incit…
12 terms
Criminal Law Chapter 10
common law arson
curtilage
Malice
Will
The malicious and willful burning of the house of another by…
The land immediately surrounding and associated with the home…
A desire to injure the victim of the unlawful act, readily in…
A separate element of arson that requires proof that the arso…
common law arson
The malicious and willful burning of the house of another by…
curtilage
The land immediately surrounding and associated with the home…
17 terms
Chapter 10 criminal law
ARSON
VANDALISM
LARCENY
Grand Larceny
Willful burning of public or private property. (F)
Damage or destruction of public or private property. (F or M)
aka theft. Willful taking of property that is not yours. (F o…
theft of property worth $250 or more. (F)
ARSON
Willful burning of public or private property. (F)
VANDALISM
Damage or destruction of public or private property. (F or M)
14 terms
Chapter 10: Criminal Law
Civil Case, Criminal Case
Remedy (As a Criminal Law)
Burden of Proof (criminal law)
Party who brings the suit (criminal law)
Libel or not libel, Guilty or not Guilty
Punishment (fine, imprisonment, death penalty)
Beyond a reasonable doubt
the state
Civil Case, Criminal Case
Libel or not libel, Guilty or not Guilty
Remedy (As a Criminal Law)
Punishment (fine, imprisonment, death penalty)
13 terms
Criminal law chapter 10
crimes against persons boil down to fo…
voluntary and knowing consensual sexua…
during the 1970s and 1980s, sexual ass…
the vast majority of rape victims are…
taking a life; unwanted sexual invasions; bodily injury; and…
...
...
...
crimes against persons boil down to fo…
taking a life; unwanted sexual invasions; bodily injury; and…
voluntary and knowing consensual sexua…
...
39 terms
Chapter 10 Criminal Law
Felonies
How do felonies start?
Misdemeanors
How are misdemeanors started?
more serious crimes where potential jail time is a year or more
through an indictment
less serious crimes where potential jail time is less than a…
Bill of information
Felonies
more serious crimes where potential jail time is a year or more
How do felonies start?
through an indictment
9 terms
Criminal Law Chapter 10
Homicide
1st degree murder
2nd degree murder
voluntary manslaughter
one person (defendant) ... taking (act) ... life of another (vict…
intent to kill
intent to do serious bodily harm but not necessarily to kill
killing with no intent (heat of passion or imperfect self-def…
Homicide
one person (defendant) ... taking (act) ... life of another (vict…
1st degree murder
intent to kill
33 terms
Chapter 10 (Criminal Law)
Breach of Peace
Disorderly Conduct
Affray
Not only violent acts, but acts and words likely to produce v…
Specific, purposeful, and unlawful behavior that tends to cau…
A fight between two or more people in a public place to the t…
Breach of Peace
Not only violent acts, but acts and words likely to produce v…
Disorderly Conduct
Specific, purposeful, and unlawful behavior that tends to cau…
15 terms
Chapter 10 criminal law
What are the three options before trial?
Explain plea agreement
Explain no guilty plea
Explain criminal defense
plea agreement, no guilty plea, criminal defense
when defendant accepts prosecutions offer of a lesser offense…
burden of proof beyond a reasonable doubt rest with prosecution
defendant may raise defense based on his/her rights, duties,…
What are the three options before trial?
plea agreement, no guilty plea, criminal defense
Explain plea agreement
when defendant accepts prosecutions offer of a lesser offense…
22 terms
Criminal Law Chapter 10
What is justifiable homicide?
What is excusable homicide?
What is criminal homicide?
In Pa, who decides which homicide leve…
An intentional homicide committed under circumstances of nece…
The killing of a human being, either by misadventure or in se…
When a person unlawfully intentionally, knowingly, recklessly…
The jury decides.
What is justifiable homicide?
An intentional homicide committed under circumstances of nece…
What is excusable homicide?
The killing of a human being, either by misadventure or in se…
14 terms
Criminal Law Chapter 10 Terms
Common-Law Rape
Common-Law Sodomy
Sexual Assault Statues
Criminal Sexual Conduct Statutes
Intentional forced heterosexual vaginal penetration by a man…
Anal intercourse between two males.
Expanded the definition of sex offenses to embrace a wide ran…
Expanded the definition of sex offenses to embrace a wide ran…
Common-Law Rape
Intentional forced heterosexual vaginal penetration by a man…
Common-Law Sodomy
Anal intercourse between two males.
29 terms
BUL Chapter 10: Criminal Law
crime
capital felonies
life felonies
first degree felonies
is any act done by an individual in violation of the duties h…
death and life in prison without parole
between 25yr and life
up to 30 yrs
crime
is any act done by an individual in violation of the duties h…
capital felonies
death and life in prison without parole
46 terms
Chapter 10 (Criminal law and cyber
crime
beyond a reasonable doubt
felonies
misdemeanors
can be defined as wrong against society set forth in a statut…
the government must prove beyond a reasonable doubt that the…
serious crimes punishable by death or by imprisonment for mor…
less serious crimes punishable by a fine or by confinement fo…
crime
can be defined as wrong against society set forth in a statut…
beyond a reasonable doubt
the government must prove beyond a reasonable doubt that the…
43 terms
CRIMINAL LAW AND PROCEDURE FOR LEGAL PROFESSIONALS - CHAPTER 10
attorney work product under the work p…
bargaining over plea
bill of particulars
Brady rule
documents or other materials made in connection with investig…
a type of plea bargaining that involves the parties agreeing…
a document provided by a prosecutor that offers more specific…
legal rule that requires prosecutors to disclose exculpatory…
attorney work product under the work p…
documents or other materials made in connection with investig…
bargaining over plea
a type of plea bargaining that involves the parties agreeing…
32 terms
Chapter 10 Criminal Law Vocabulary
abandoned property
aminus furandi
asportation
bailee
property the owner no longer wants
latin term for the intent to commit larceny
latin term for the carrying away element in larceny
person who is entrusted with the possession of property
abandoned property
property the owner no longer wants
aminus furandi
latin term for the intent to commit larceny
15 terms
Criminal Law Chapter 10 Terms
affidavit
anonymous tip
collective knowledge
facially valid
a statement of facts legally sufficient to establish probable…
typically insufficient to establish probable cause
source for establishing probable cause that is all the inform…
a law or warrant that appears legal "on its face"
affidavit
a statement of facts legally sufficient to establish probable…
anonymous tip
typically insufficient to establish probable cause
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