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Study sets matching "criminal law chapter 8"

16 terms
Criminal Law Chapter 8
Assault
Battery
Present Ability
Bodily Injury
attempted or threatened battery; a willful attempt or willful…
unlawful physical violence inflicted on another without his c…
as used in assault statutes, a term meaning that the person a…
physical harm to a human being ... -in cases of assault & batter…
Assault
attempted or threatened battery; a willful attempt or willful…
Battery
unlawful physical violence inflicted on another without his c…
9 terms
Chapter 8, Criminal Law
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 of…
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…
32 terms
CRIMINAL LAW CHAPTER 8
CRIMINAL PROCEDURE
CONSTITUTION
ARTICLES
WRIT OF HABEAS CORPUS
BODY OF LAW THAT REGULATES THE MANNER IN WHICH AUTHORITIES PR…
AGREEMENT BETWEEN A GOVERNING BODY (AN INSTITUTION OF GOVERNM…
PROVIDES BASIC BLUEPRINTS FOR THE FEDERAL GOVERNMENT AND CONT…
A COURT ORDER ISSUED TO AN OFFICIAL (TYPICALLY, A PRISON WARD…
CRIMINAL PROCEDURE
BODY OF LAW THAT REGULATES THE MANNER IN WHICH AUTHORITIES PR…
CONSTITUTION
AGREEMENT BETWEEN A GOVERNING BODY (AN INSTITUTION OF GOVERNM…
16 terms
Criminal Law Chapter 8
assault
Battery
present ability
bodily injury
-attempted or threatened battery. a willful attempt or willfu…
-unlawful physical violence inflicted on another without his…
as used in assault statues, a term meaning that the person at…
physical harm to a human being. in cases of assault and batte…
assault
-attempted or threatened battery. a willful attempt or willfu…
Battery
-unlawful physical violence inflicted on another without his…
16 terms
Chapter 8 - Introduction to Criminal Law
mens rea
motive
state of mind
elements
Latin term used by lawyers when they discuss the requirement…
the reason a person commits a crime
what you are thinking; most crimes require that the actor hav…
the conditions that make an act unlawful
mens rea
Latin term used by lawyers when they discuss the requirement…
motive
the reason a person commits a crime
13 terms
Chapter 8 Criminal Law
Benefit of clergy
Sanctuary
Capital Punishment
Cruel and Unusual punishment
medieval liimt on capital punishment ... recite psalm 51, aka Ne…
a religious place where criminals could take refuge; asylum f…
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 Ne…
Sanctuary
a religious place where criminals could take refuge; asylum f…
20 terms
Chapter 8 criminal law
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
19 terms
Criminal Law Chapter 8
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. I…
The requirement that to win a point or have an issue decided…
The requirement that one side in a lawsuit produce evidence o…
The requirement that to win a point or have an issue decided…
Affirmative Defense
A defense that is more than a simple denial of the charges. I…
Burden of Proof
The requirement that to win a point or have an issue decided…
41 terms
Criminal Law: Chapter 8
inchoate, criminal attempts
inchoate, criminal conspiracy
inchoate, criminal solicitation
inchoate offenses
1 of the 3 types of _______ offenses. ________: trying but fa…
1 of the 3 types of _______ offenses. ________: making an agr…
1 of the 3 types of _______ offenses. _________: trying to ge…
From the Latin "to Begin"; crimes that satisfy the mens rea o…
inchoate, criminal attempts
1 of the 3 types of _______ offenses. ________: trying but fa…
inchoate, criminal conspiracy
1 of the 3 types of _______ offenses. ________: making an agr…
15 terms
Criminal Law Chapter 8
Affirmative Defenses
Burden of Production
Burden of Persuasion
Rebuttal
-they have to prove to jury from beyond a reasonable doubt... -j…
-need evidence so that the fact finder can examine... -fact find…
-convincing the fact finder beyond a reasonable doubt that th…
the defense case at trial
Affirmative Defenses
-they have to prove to jury from beyond a reasonable doubt... -j…
Burden of Production
-need evidence so that the fact finder can examine... -fact find…
18 terms
Chapter 8 Criminal Law
_________________ encompassed many for…
The crime of ____________ occurs when…
The crime of _____________occurs when…
_______________ is defined as a false…
Obstruction of Public Morals
Resisting Arrest
Unlawful Fleeing
Perjury
_________________ encompassed many for…
Obstruction of Public Morals
The crime of ____________ occurs when…
Resisting Arrest
18 terms
Criminal Law Chapter 8
Benefit of the Clergy
Sanctuary
Capital Punishment
Cruel and Unusual Punishment
A medieval limit on capital punishment. (in the 15th century…
In the middle ages in England, a sanctuary was a religious pl…
Inflicting deadly injury as punishment for criminal conduct
Under the 8th amendment, a limitation on punishment for crimi…
Benefit of the Clergy
A medieval limit on capital punishment. (in the 15th century…
Sanctuary
In the middle ages in England, a sanctuary was a religious pl…
40 terms
Criminal Law chapter 8
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 p…
Criminal attempt
Trying but failing to commit crimes
Criminal conspiracy
Making an agreement to commit a crime
8 terms
Criminal Law Chapter 8
Confrontation Clause
Indicia of Reliability
forfeiture by wrongdoing
Then existing material, emotional or p…
The Clause in the US constitution that entitles a defendant i…
Characteristics of a statement, otherwise inadmissible as hea…
a rule permitting the admission of hearsay evidence as a pena…
the exception defined by rule 803(3): A statement of the decl…
Confrontation Clause
The Clause in the US constitution that entitles a defendant i…
Indicia of Reliability
Characteristics of a statement, otherwise inadmissible as hea…
35 terms
Chapter 8 - Criminal Law
Public Law
Ponzi Scheme
Preponderance of the evidence
Proof beyond a reasonable doubt
Concerns the relationship between individuals and their gover…
Fraudulent investing scheme in which a nonexistent company pa…
The evidentiary standard- burden of proof- that a plaintiff m…
Burden of proof that the prosecutor must meet in order to con…
Public Law
Concerns the relationship between individuals and their gover…
Ponzi Scheme
Fraudulent investing scheme in which a nonexistent company pa…
33 terms
Chapter 8 - criminal Law
Criminal Law
Defendants
Crime
Penal code
wrong done to society
Presumed innocent until proven guilty... guilty beyond a reasona…
A violation of a statue for which the government imposes a pu…
A collection of statues
Criminal Law
wrong done to society
Defendants
Presumed innocent until proven guilty... guilty beyond a reasona…
39 terms
Chapter 8: Criminal Law
crime
actus reus
mens rea
arrest
any act done by an individual in violation of those duties th…
criminal act
criminal intent
arrest warrant based on probable cause
crime
any act done by an individual in violation of those duties th…
actus reus
criminal act
41 terms
Criminal Law Chapter 8 Key Terms
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 o…
criminal attempts
trying but failing to commit crimes
criminal conspiracy
making an agreement to commit a crime
22 terms
Chapter 8 (Criminal Law)
Assault
Aggravated Assault
Stalking
Battery
An attempted or threatened battery.
An assault committed with the intention of committing an addi…
The intentional frightening of another through following, har…
A consummated assault; unlawful physical violence on another…
Assault
An attempted or threatened battery.
Aggravated Assault
An assault committed with the intention of committing an addi…
38 terms
Chapter 8: Criminal Law
What is criminal law?
What kinds of penalties are imposed fo…
In criminal law, who is the defendant…
How is criminal law different in the U…
it incentivizes individuals to act reasonably in society by i…
-Penalties can be a fine, imprisonment, both a fine and impri…
-Defendant is the accused who is represented by either a priv…
-the Defendant is presumed innocent until proven guilty... -the…
What is criminal law?
it incentivizes individuals to act reasonably in society by i…
What kinds of penalties are imposed fo…
-Penalties can be a fine, imprisonment, both a fine and impri…
10 terms
Criminal Law: Chapter 8
Goals of criminal punishments:
Only reference to capital punishment i…
Death penalty laws in all states were…
May not be applied as punishment for r…
Deterrance, retribution, rehabilitation
fifth amendment
Furman v Georgia
Individual crimes
Goals of criminal punishments:
Deterrance, retribution, rehabilitation
Only reference to capital punishment i…
fifth amendment
31 terms
Criminal Law Chapter 8
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
...
Criminal attempts
Trying but failing to commit crimes
criminal conspiracy
making an agreement to commit a crime
20 terms
Chapter 8- Criminal Law and Procedures
Tort
Rights to others
Intentional Tort
Assault
* A civil or personal wrong.... * Establishes standards of condu…
Duty not to injure anothers... Duty not to interfere with the ri…
Intentionally interfering with one's person, reputation, or p…
refers to an attempt or threat of violence- not actual violen…
Tort
* A civil or personal wrong.... * Establishes standards of condu…
Rights to others
Duty not to injure anothers... Duty not to interfere with the ri…
19 terms
criminal law chapter 8
Criminal attempts
criminal conspiracy
criminal solicitation
inchoate offenses
trying but failing to commit a crime
agreeing to commit a crime
trying to get someone else to commit a crime
'to begin' but not finish a crime
Criminal attempts
trying but failing to commit a crime
criminal conspiracy
agreeing to commit a crime
26 terms
Criminal Law Chapter 8
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 aforet…
homicide
the killing of a human being by another human being
feticide
causing the death of an unborn fetus
Chapter 8 Criminal Law
two separate offenses
application of force to another person…
attempting to commit battery or intent…
would not be held liable for both
Assault and battery are considered to be
Define battery
Define assault
Assault may merge into battery so an individual
two separate offenses
Assault and battery are considered to be
application of force to another person…
Define battery
Criminal Law Chapter 8
Principal
Accomplice
Accessory before the fact
Accessory after the fact
Direct actor/participant in crime.
Person who helps another commit a crime.
Person who plans or orders the crime but does not actually pa…
Person who knows about the crime and helps them escape
Principal
Direct actor/participant in crime.
Accomplice
Person who helps another commit a crime.
16 terms
Criminal Law Chapter 8
Assault
Battery
Present ability
bodily injury
attempted or threatened battery
unlawful physical violence inflicted on another without his o…
person attempting assault is physically capable of immediatly…
physical harm to a person
Assault
attempted or threatened battery
Battery
unlawful physical violence inflicted on another without his o…
Criminal Law Chapter 8
Criminal attempts
Criminal Conspiracy
Criminal solicitation
Inchoate offenses
Intending to commit a crime and taking steps to complete it b…
Agreement between two or more persons to commit a crime (235)
Urging another person to commit a crime, even though the pers…
Offenses based on crimes not yet completed; 236
Criminal attempts
Intending to commit a crime and taking steps to complete it b…
Criminal Conspiracy
Agreement between two or more persons to commit a crime (235)
13 terms
Criminal Law Chapter 8
Benefit of clergy
Sanctuary
Capital Punishment
Cruel and unusual punishment
is a medieval limit on capital punishment.
in the Middle Ages in England, was a religious place where cr…
is an inflicting deadly injury as punishment for criminal con…
is under the Eight Amendment, a limitation on punishment for…
Benefit of clergy
is a medieval limit on capital punishment.
Sanctuary
in the Middle Ages in England, was a religious place where cr…
34 terms
Chapter 8 - Criminal Law
Purpose of Criminal law
Penalties of Criminal law
Violations of Criminal law
Defendant
Incentivizes individuals to act reasonably in society by impo…
- A fine... - Imprisonment... - Both fine and imprisonment ... - Some…
Found in either the states penal code or federal regulatory s…
The accused ... Represented by either private attorney, if can a…
Purpose of Criminal law
Incentivizes individuals to act reasonably in society by impo…
Penalties of Criminal law
- A fine... - Imprisonment... - Both fine and imprisonment ... - Some…
78 terms
Criminal Law Chapter 8-10
Aggravated Assault
Aggravating Circumstances
Battery
Bodily Injury
Unlawful intentional causing of serious bodily injury with or…
Circumstances relating to the commission of a crime which cau…
An intentional and physical touching or wrongful physical con…
The unlawful application of physical force upon the person of…
Aggravated Assault
Unlawful intentional causing of serious bodily injury with or…
Aggravating Circumstances
Circumstances relating to the commission of a crime which cau…
34 terms
Chapter 8 - criminal law
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 o…
criminal attempts
trying but failing to commit crimes
criminal conspiracy
making an agreement to commit a crime
40 terms
criminal law chapter 8
presumption of innocence
case in chief
rebuttal
Alibi
A defendant may not be compelled to testify against himself o…
These witnesses are then subject to cross examination by the…
stage at trial
somewhere else at the time the crime was committed.
presumption of innocence
A defendant may not be compelled to testify against himself o…
case in chief
These witnesses are then subject to cross examination by the…
26 terms
Criminal Law Chapter 8
McLaughin v. United States
Holloway v. United States
Tangible Property
Larceny
...
...
Property that has physical form, substance, and value in itself
A synnonym for theft. At common law, larceny was defined as t…
McLaughin v. United States
...
Holloway v. United States
...
Criminal Law Chapter 8
Extended Liability
Punishment for Extended Liability
Attempt
Factually Impossible
- D can be criminally liable even if he has not committed any…
- In all cases, D's extended liability exposes him to to the…
- S 1 Criminal Attempts Act 1981.... - With intent to commit an…
- D can be guilty of attempt even though the commission of th…
Extended Liability
- D can be criminally liable even if he has not committed any…
Punishment for Extended Liability
- In all cases, D's extended liability exposes him to to the…
59 terms
Chapter 8: Criminal Law
Crime
U.S. criminal law system
statues
penal codes
-Any act done by an individual in violation of duties he or s…
-person accused of a crime is presumed innocent until proven…
primary source of criminal law
-fed and state adopted... -define activities considered to be cr…
Crime
-Any act done by an individual in violation of duties he or s…
U.S. criminal law system
-person accused of a crime is presumed innocent until proven…
24 terms
Criminal Law Chapter 8
Tangible Property
Larceny
False Pretenses
Embezzlement
Property that has physical form, substance, and value in itse…
A synonym for theft. At common law, larceny was defined as th…
The crime of obtaining money or property through misrepresent…
The crime of using a position of trust or authority to transf…
Tangible Property
Property that has physical form, substance, and value in itse…
Larceny
A synonym for theft. At common law, larceny was defined as th…
12 terms
Chapter 8: Criminal Law
State of mind
Strict liability
Principal
Accomplice
What you're thinking; most crimes require that the actor have…
Legal responsibility for damage or injury even if you're not…
The person who commits the crime
Person who helps another person commit a crime; usually present
State of mind
What you're thinking; most crimes require that the actor have…
Strict liability
Legal responsibility for damage or injury even if you're not…
42 terms
Chapter 8: criminal law
Crime
Penal code
Regulatory statutes
Parties in criminal action
A violation of the statute for which the government imposes p…
A collection of criminal statutes
statutes such as environmental laws, securities laws, and ant…
Plaintiff: government... ... Plaintiff lawyer: prosecutor or prose…
Crime
A violation of the statute for which the government imposes p…
Penal code
A collection of criminal statutes
24 terms
criminal law chapter 8
affirmative defense
agressor
alter ego rule
american rule to resistance for an unl…
the burden of production and the burden of persuasion is on t…
individual who starts a physical confrontation is not entitle…
individual intervening in defense of others possesses the rig…
individual may not resits an illegal arrest
affirmative defense
the burden of production and the burden of persuasion is on t…
agressor
individual who starts a physical confrontation is not entitle…
16 terms
Criminal Law Chapter 8
assault
battery
present ability
bodily injury
attempted or threatened battery. A willful attempt or willful…
- Unlawful physical violence inflicted on another without his…
as used in assault statutes, a term meaning that the person a…
physical harm to a human being. In cases of assault and batte…
assault
attempted or threatened battery. A willful attempt or willful…
battery
- Unlawful physical violence inflicted on another without his…
25 terms
Chapter 8 criminal law
Sodomy
Assault
Battery
Mayham
Oral or anal copulation between people of the same or differe…
Attempted or threaten the battery. I will fill attempt or wil…
1) unlawful physical violence inflicted on another without hi…
The intentional infliction of injury on another that causes t…
Sodomy
Oral or anal copulation between people of the same or differe…
Assault
Attempted or threaten the battery. I will fill attempt or wil…
36 terms
Criminal Law Chapter 8
Idenify Theft
Intellectual Property Offenses
Robbery
Forgery and Uttering a forged Instrument
when someone uses your name and other personal information wi…
A product of the intellect, such as an expressed idea or conc…
-(1) The felonious taking (with intent to steal) (2) money or…
According to Florida Statute §831.01 and §831.02, there are t…
Idenify Theft
when someone uses your name and other personal information wi…
Intellectual Property Offenses
A product of the intellect, such as an expressed idea or conc…
16 terms
Criminal Law Chapter 8
Assault
Battery
Present ability
Bodily injury
Attempted or threatened battery; a willful threat to inflict…
Unlawful physical violence inflicted on another without his o…
As used in assault statues; a term meaning that the person at…
Physical harm to a human being; could also refer to the unlaw…
Assault
Attempted or threatened battery; a willful threat to inflict…
Battery
Unlawful physical violence inflicted on another without his o…
10 terms
Criminal Law - Chapter 8
What is the year and a day rule?
Types of Common Law Homicide
Justifiable homicide
Excusable homicide
If the victim doesn't die with in a year and a day after the…
Justifiable, and Excusable
legal duty/right, threaten, self defense
Construction worker is doing work, nail gun misses sheet rock…
What is the year and a day rule?
If the victim doesn't die with in a year and a day after the…
Types of Common Law Homicide
Justifiable, and Excusable
16 terms
Chapter 8 - Introduction to Criminal Law
mens rea
motive
state of mind
elements
Latin term used by lawyers when they discuss the requirement…
the reason a person commits a crime
what you are thinking; most crimes require that the actor hav…
the conditions that make an act unlawful
mens rea
Latin term used by lawyers when they discuss the requirement…
motive
the reason a person commits a crime
Criminal Law: Chapter 8 & 9
State of mind
Motive
Principle
Accomplice
What the accused was thinking at the time of the crime
The reason a person commits a crime
The person who commits the crime
A person who helps another person commit a crime
State of mind
What the accused was thinking at the time of the crime
Motive
The reason a person commits a crime
32 terms
Criminal Law (Maxwell) Chapter 8
Effective consent
Bob is guilt of assault even though he…
Rape shield laws attempt to protect th…
Boy and girl break up, boy follows gir…
consent that has been obtained in a legal manner
false
victim's sexual history
stalking
Effective consent
consent that has been obtained in a legal manner
Bob is guilt of assault even though he…
false
17 terms
Intro to Criminal Law (Chapter 8)
components to a crime
most crimes require:
motive
parties to a crime
must be voluntary; must be a crime at the time of the act; mu…
malice/ ill intent and a motive
reason why committing a crime
principal and accomplice/ accessory
components to a crime
must be voluntary; must be a crime at the time of the act; mu…
most crimes require:
malice/ ill intent and a motive
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