Study sets matching "criminal law chapter 8"
Study sets
Diagrams
Classes
Users
Principal in the first degree
Principal in the second degree
Accessory before the fact
Accessory after the fact
The person who personally performed the criminal act
The person who is present during the crime and aids and abets…
He aids and abets the criminal but does not commit the actual…
Someone who does not actually participate in the crime but off…
Principal in the first degree
The person who personally performed the criminal act
Principal in the second degree
The person who is present during the crime and aids and abets…
Assault
Battery
Present Ability
Bodily Injury
attempted or threatened battery. A willful attempt or willful…
Unlawful physical violence inflicted on another without his or…
as used in assault statutes, a term meaning that the person at…
physical harm to a human being. In cases of assault and batter…
Assault
attempted or threatened battery. A willful attempt or willful…
Battery
Unlawful physical violence inflicted on another without his or…
assault
Battery
present ability
bodily injury
-attempted or threatened battery. a willful attempt or willful…
-unlawful physical violence inflicted on another without his o…
as used in assault statues, a term meaning that the person att…
physical harm to a human being. in cases of assault and batter…
assault
-attempted or threatened battery. a willful attempt or willful…
Battery
-unlawful physical violence inflicted on another without his o…
Affirmative Defense
Burden of Proof
Burden of Going Forward (Production)
Burden of Persuasion
A defense that is more than a simple denial of the charges. It…
The requirement that to win a point or have an issue decided i…
The requirement that one side in a lawsuit produce evidence on…
The requirement that to win a point or have an issue decided i…
Affirmative Defense
A defense that is more than a simple denial of the charges. It…
Burden of Proof
The requirement that to win a point or have an issue decided i…
Dissolute
Double jeopardy
Duces Tecum
Duress
Loose of morals and conduct
Tried a second time for charge previously adjudicated.
Latin: "bring with," a subpoena for papers, etc.
Coercion of a person to do something against his will.
Dissolute
Loose of morals and conduct
Double jeopardy
Tried a second time for charge previously adjudicated.
Dissolute
Double Jeopardy
Deces tecum
Duress
Loose of morals and conduct
Try to second time for church previously adjudicated
Latin "Bring with us," A subpoena for papers etc.
Coercion of person to do something against his will
Dissolute
Loose of morals and conduct
Double Jeopardy
Try to second time for church previously adjudicated
mens rea
motive
state of mind
elements
Latin term used by lawyers when they discuss the requirement f…
the reason a person commits a crime
what you are thinking; most crimes require that the actor have…
the conditions that make an act unlawful
mens rea
Latin term used by lawyers when they discuss the requirement f…
motive
the reason a person commits a crime
inchoate, criminal attempts
inchoate, criminal conspiracy
inchoate, criminal solicitation
inchoate offenses
1 of the 3 types of _______ offenses. ________: trying but fai…
1 of the 3 types of _______ offenses. ________: making an agre…
1 of the 3 types of _______ offenses. _________: trying to get…
From the Latin "to Begin"; crimes that satisfy the mens rea of…
inchoate, criminal attempts
1 of the 3 types of _______ offenses. ________: trying but fai…
inchoate, criminal conspiracy
1 of the 3 types of _______ offenses. ________: making an agre…
Aggravated Assault
Aggravated Battery
Assault
Battery
An assault that is committed with the intention of committing…
A battery that is committed with the use of a deadly weapon, t…
Attempted or threatened battery. A willful attempt or willful…
(1) Unlawful physical violence inflicted on another without hi…
Aggravated Assault
An assault that is committed with the intention of committing…
Aggravated Battery
A battery that is committed with the use of a deadly weapon, t…
Affirmative Defenses
Burden of Production
Burden of Persuasion
Rebuttal
-they have to prove to jury from beyond a reasonable doubt... -ju…
-need evidence so that the fact finder can examine... -fact finde…
-convincing the fact finder beyond a reasonable doubt that the…
the defense case at trial
Affirmative Defenses
-they have to prove to jury from beyond a reasonable doubt... -ju…
Burden of Production
-need evidence so that the fact finder can examine... -fact finde…
Crime
U.S. criminal law system
statues
penal codes
-Any act done by an individual in violation of duties he or sh…
-person accused of a crime is presumed innocent until proven g…
primary source of criminal law
-fed and state adopted... -define activities considered to be cri…
Crime
-Any act done by an individual in violation of duties he or sh…
U.S. criminal law system
-person accused of a crime is presumed innocent until proven g…
homicide
feticide
murder
manslaughter
the killing of a human being by another human being
causing the death of an unborn fetus
unlawful killing of another person with malice aforethought
unlawful killing of another human being without malice aforeth…
homicide
the killing of a human being by another human being
feticide
causing the death of an unborn fetus
Benefit of clergy
Sanctuary
Capital Punishment
Cruel and Unusual punishment
medieval liimt on capital punishment ... recite psalm 51, aka Nec…
a religious place where criminals could take refuge; asylum fo…
inflciting deadly injury as punishment for criminal conduct
a limitation on punishment fro criminal conduct
Benefit of clergy
medieval liimt on capital punishment ... recite psalm 51, aka Nec…
Sanctuary
a religious place where criminals could take refuge; asylum fo…
Benefit of the Clergy
Sanctuary
Capital Punishment
Cruel and Unusual Punishment
A medieval limit on capital punishment. (in the 15th century a…
In the middle ages in England, a sanctuary was a religious pla…
Inflicting deadly injury as punishment for criminal conduct
Under the 8th amendment, a limitation on punishment for crimin…
Benefit of the Clergy
A medieval limit on capital punishment. (in the 15th century a…
Sanctuary
In the middle ages in England, a sanctuary was a religious pla…
affirmative defense
agressor
alter ego rule
american rule to resistance for an unla…
the burden of production and the burden of persuasion is on th…
individual who starts a physical confrontation is not entitled…
individual intervening in defense of others possesses the righ…
individual may not resits an illegal arrest
affirmative defense
the burden of production and the burden of persuasion is on th…
agressor
individual who starts a physical confrontation is not entitled…
Public Law
Ponzi Scheme
Preponderance of the evidence
Proof beyond a reasonable doubt
Concerns the relationship between individuals and their govern…
Fraudulent investing scheme in which a nonexistent company pay…
The evidentiary standard- burden of proof- that a plaintiff mu…
Burden of proof that the prosecutor must meet in order to conv…
Public Law
Concerns the relationship between individuals and their govern…
Ponzi Scheme
Fraudulent investing scheme in which a nonexistent company pay…
Confrontation Clause
Indicia of Reliability
forfeiture by wrongdoing
Then existing material, emotional or ph…
The Clause in the US constitution that entitles a defendant in…
Characteristics of a statement, otherwise inadmissible as hear…
a rule permitting the admission of hearsay evidence as a penal…
the exception defined by rule 803(3): A statement of the decla…
Confrontation Clause
The Clause in the US constitution that entitles a defendant in…
Indicia of Reliability
Characteristics of a statement, otherwise inadmissible as hear…
criminal attempts
criminal conspiracy
criminal solicitation
inchoate offenses
trying but failing to commit crimes
making an agreement to commit a crime
trying to get someone else to commit a crime
from the Latin "to begin"; crimes that satisfy the mens rea of…
criminal attempts
trying but failing to commit crimes
criminal conspiracy
making an agreement to commit a crime
Criminal attempt
Criminal conspiracy
Criminal solicitation
Inchoate offenses
Trying but failing to commit crimes
Making an agreement to commit a crime
Trying to get someone else to commit a crime
From Latin "to begin"; crimes that satisfy the men's Rea of pu…
Criminal attempt
Trying but failing to commit crimes
Criminal conspiracy
Making an agreement to commit a crime
Assault
Aggravated Assault
Stalking
Battery
An attempted or threatened battery.
An assault committed with the intention of committing an addit…
The intentional frightening of another through following, hara…
A consummated assault; unlawful physical violence on another w…
Assault
An attempted or threatened battery.
Aggravated Assault
An assault committed with the intention of committing an addit…
Crime (def.)
Misdemeanor (def.)
Felonies (def.)
Basis of a Crime
conduct that is prohibited and punished by government
punishable by a fine or less than a year in prision
are crimes that are punishable by imprisonment or death and in…
act was done voluntarily; an act or omission of an act must ac…
Crime (def.)
conduct that is prohibited and punished by government
Misdemeanor (def.)
punishable by a fine or less than a year in prision
Criminal cases*
Civil courts*
Nature of crimes
Division of crimes
govt is always a plaintiff... govt case is brought by a prosecuto…
govt is not a plaintiff... fines go to victim... proof must be "prep…
crimes are acts against the state and society... violates state o…
misdemeanors... felonies (1st-4th degree)
Criminal cases*
govt is always a plaintiff... govt case is brought by a prosecuto…
Civil courts*
govt is not a plaintiff... fines go to victim... proof must be "prep…
crime
penal code
regulatory statutes
felony
violation of a statute for which the government imposes a puni…
collection of criminal statutes
statutes such as environmental laws, securities laws, and anti…
most serious type of crime; an inherently evil crime. most cri…
crime
violation of a statute for which the government imposes a puni…
penal code
collection of criminal statutes
Tort
Rights to others
Intentional Tort
Assault
* A civil or personal wrong.... * Establishes standards of conduc…
Duty not to injure anothers... Duty not to interfere with the rig…
Intentionally interfering with one's person, reputation, or pr…
refers to an attempt or threat of violence- not actual violenc…
Tort
* A civil or personal wrong.... * Establishes standards of conduc…
Rights to others
Duty not to injure anothers... Duty not to interfere with the rig…
summary offense
misdemeanor
felony
actus reus
not punishable by incarceration, only by a fine
punishable by fine and/or up to two years in county jail
serious offense; punishable by death or incarceration in state…
the act, omission, or possession that is the basis of criminal…
summary offense
not punishable by incarceration, only by a fine
misdemeanor
punishable by fine and/or up to two years in county jail