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Study sets matching "criminal law"

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Study sets matching "criminal law"

47 terms
Criminal Law
Elements of a crime
Indictable Offence
Summary Offence
Accused
Against the law, against morality, harmful to society, punish…
A serious criminal offence for which the defendant is entitle…
less severe offences that are heard and sentenced by a magist…
The person charged with a criminal offence
Elements of a crime
Against the law, against morality, harmful to society, punish…
Indictable Offence
A serious criminal offence for which the defendant is entitle…
17 terms
Criminal Law
Crime
Felonies
M'Naghten.
Up to five years in jail.
Any act done by an individual in violation of the duties he o…
Most serious kinds of crimes.
Insanity test in which the defendant must show he/she suffere…
Punishment in Florida for a third degree felony.
Crime
Any act done by an individual in violation of the duties he o…
Felonies
Most serious kinds of crimes.
181 terms
Criminal Law
"Significant punishment in the sentenc…
Private wrongs for which you can sue t…
Who has the burden of proof regarding…
Of the following, which defendant may…
b. Chaney v. State (1970)
a. torts.
d. the prosecution
d. felony
"Significant punishment in the sentenc…
b. Chaney v. State (1970)
Private wrongs for which you can sue t…
a. torts.
27 terms
Criminal Law
Victoria Crimes Act 1958
Doli incapax
Actus Reus
Mens Rea
This Act includes the criminal laws set by Victoria
When someone is deemed incapable of forming the intent to com…
One of the elements needed to be a crime. This element means…
One of the elements needed to be a crime. This element is mea…
Victoria Crimes Act 1958
This Act includes the criminal laws set by Victoria
Doli incapax
When someone is deemed incapable of forming the intent to com…
20 terms
Criminal Law
Domestic Violence
Plaintiff
Premeditation
Manslaughter
A reckless form of physical or mental abuse between family me…
In a criminal proceeding, the state or federal government rep…
A prosecutor must prove this in a first degree murder case
When a killing occurs and there is no intent the defendant ma…
Domestic Violence
A reckless form of physical or mental abuse between family me…
Plaintiff
In a criminal proceeding, the state or federal government rep…
76 terms
Criminal Law
True or False:... Regarding "withdrawal"…
A legal duty to act may arise from a:
In a majority of states, criminal atte…
The fact that the defendant committed…
True.
Statute, contract, or voluntary assumption of care
an act that constitutes a substantial step in commission of t…
general intent
True or False:... Regarding "withdrawal"…
True.
A legal duty to act may arise from a:
Statute, contract, or voluntary assumption of care
20 terms
Criminal Law
Malice
Recklessness
Modern Penal Code 4 Basic Types of Cri…
Crime consists of two parts
a conscious, intentional wrongdoing either of a civil wrong l…
Rashness; heedlessness; wanton conduct. The state of mind acc…
1. Crimes requiring intention (or purpose) to do the forbidde…
Physical part and mens rea. "an act does not make one guilty…
Malice
a conscious, intentional wrongdoing either of a civil wrong l…
Recklessness
Rashness; heedlessness; wanton conduct. The state of mind acc…
24 terms
Criminal Law
remedy
blameworthy activities
tort
to deter
средство судебной защиты
действия, заслуживающие наказания
деликт
удерживать от совершения чего-либо
remedy
средство судебной защиты
blameworthy activities
действия, заслуживающие наказания
118 terms
Criminal Law
Elements of a crime
Principle of legality (Ex post facto l…
Hierarchy of Law
Definition of a crime
Status of the offender... Mental (mens rea)... Actus Reus... Conditions
you cannot punish a person for prior incidences after a law h…
U.S. Constitution... Federal statutes... Federal Admin. Rules... State…
A crime is a conduct which is prohibited by state law and pun…
Elements of a crime
Status of the offender... Mental (mens rea)... Actus Reus... Conditions
Principle of legality (Ex post facto l…
you cannot punish a person for prior incidences after a law h…
38 terms
CRIMINAL LAW
FUNDAMENTAL OBSERVATIONS
INCHOATE CRIMES
CRIMINAL HOMICIDE
EXPRESS MALICE
Actus Reus / Mens Rea... Accomplice Liability... Vicarious Liability
SAC... Solicitation... Attempt... Conspiracy
1) a person is guilty of criminal homicide if he purposely, k…
Intent to kill - deadly weapon rule
FUNDAMENTAL OBSERVATIONS
Actus Reus / Mens Rea... Accomplice Liability... Vicarious Liability
INCHOATE CRIMES
SAC... Solicitation... Attempt... Conspiracy
15 terms
Criminal Law
5 Basic Elements of Crimes
Civil Law... - initiated by individuals... -…
Criminal Law
Actus Reus
1. Actus Reus... 2. Mens Rea... 3. Concurrence... 4. Causation... 5. Resu…
Criminal Law... - Society is the victim... - Not necessary to prove…
...
The Act
5 Basic Elements of Crimes
1. Actus Reus... 2. Mens Rea... 3. Concurrence... 4. Causation... 5. Resu…
Civil Law... - initiated by individuals... -…
Criminal Law... - Society is the victim... - Not necessary to prove…
67 terms
Criminal Law
Arson
Burglary
Constructive Entry
crime concealment arson
The knowing and malicious burning of the property of another.…
The breaking and entering of a building, locked automobile, b…
an entry that occurs when the defendant causes another person…
arson committed in the hope of concealing another crime commi…
Arson
The knowing and malicious burning of the property of another.…
Burglary
The breaking and entering of a building, locked automobile, b…
Criminal law
assault
forgery
fraud
robbery
Threatening to give pt. medication
something counterfeit; an illegally produced imitation
A deliberate deception intended to secure an unfair or unlawf…
Taking someone's property by threat or force is
assault
Threatening to give pt. medication
forgery
something counterfeit; an illegally produced imitation
73 terms
Criminal Law
Firearm
Pistol
Rifle
Short-Barreled Rifle
A weapon or device from which a projectile may be fired by an…
Any firearm with a barrel length of less than 16 inches, or i…
A weapon designed or redesigned, and intended to fired from t…
A rifle having one or more barrels less than 16 inches in len…
Firearm
A weapon or device from which a projectile may be fired by an…
Pistol
Any firearm with a barrel length of less than 16 inches, or i…
50 terms
Criminal Law
Due Process of 5th Amendment
Due Process in 14th Amendment
Incorporation
2 things before Miranda warnings must…
Guaranteed in Federal Court
Guaranteed in States Court
Application of Federal amendments to state's per the 14th ame…
Custody + Interrogation
Due Process of 5th Amendment
Guaranteed in Federal Court
Due Process in 14th Amendment
Guaranteed in States Court
17 terms
Criminal Law
Criminal Law
Defendant
Prosecutor
Legal Counsel
A law that defines crimes against the public order
An individual or group charged with a crime
A lawyer who represents the government in a criminal case
Lawyer; an attorney at law
Criminal Law
A law that defines crimes against the public order
Defendant
An individual or group charged with a crime
166 terms
Criminal Law
Retributivism
Consequentialism
Consequentialism:... Rehabilitation
Consequentialism:... Incapacitation
Focuses on fairness and justice... "desert"... does not justify pun…
Focuses on prevention of future crime... "deterrence"... justifies…
Know what you did was wrong and have no desire to commit the…
Disabled from committing any future crimes
Retributivism
Focuses on fairness and justice... "desert"... does not justify pun…
Consequentialism
Focuses on prevention of future crime... "deterrence"... justifies…
84 terms
Criminal Law
Fagan v MPC
Tuberville v Savage
Smith v Chief Constable of Woking
R v Constanza
An assault is committed where D intentionally or recklessly c…
D put his hand on his sword and stated 'if it were not assize…
D looked into a woman's window but did not do anything. She s…
D mounted hate campaign against work colleague. Sent threaten…
Fagan v MPC
An assault is committed where D intentionally or recklessly c…
Tuberville v Savage
D put his hand on his sword and stated 'if it were not assize…
15 terms
Criminal Law
Crime
Penal code
Misdemeanors
Felonies
Any act that that harms people or society and that breaks a c…
Document that lists state's criminal laws and punishments tha…
Minor crimes for which a person can be fined for a small sum…
A serious criminal offense punishable by a prison sentence of…
Crime
Any act that that harms people or society and that breaks a c…
Penal code
Document that lists state's criminal laws and punishments tha…
57 terms
CRIMINAL LAW
Elements of a crime
Indictable Offence
Summary Offence
Accused
Against the law, against morality, harmful to society, punish…
A serious criminal offence for which the defendant is entitle…
less severe offences that are heard and sentenced by a magist…
The person charged with a criminal offence
Elements of a crime
Against the law, against morality, harmful to society, punish…
Indictable Offence
A serious criminal offence for which the defendant is entitle…
18 terms
Criminal Law
Limits on Felony-Murder
Three kinds of homicide
First degree murder
Second degree murder
violent/inherently dangerous felonies, killing and felony sep…
manslaughter, murder, negligent homicide
Malice+Deliberation and Premeditation
Malice
Limits on Felony-Murder
violent/inherently dangerous felonies, killing and felony sep…
Three kinds of homicide
manslaughter, murder, negligent homicide
25 terms
CRIMINAL LAW
tell
wait
take a photo
take
брать
tell
wait
20 terms
Criminal Law
Felonies
Violations
Crime of Omission
Conspiracy
These types of crimes are the most serious category of crime.
These crimes are a minor disregard for public well-being.
This type of crime is when a person fails to perform an act t…
This is an agreement between two or more persons to commit a…
Felonies
These types of crimes are the most serious category of crime.
Violations
These crimes are a minor disregard for public well-being.
16 terms
Criminal Law
Crime
3 Levels of Crime
Felony
misdemeanor
an act that violates the rules of society, or the law
Infractions, misdemeanors, felonies
a major crime. It is punishable by a fine, imprisonment, or b…
less serious crime. It is punishable by a fine, imprisonment,…
Crime
an act that violates the rules of society, or the law
3 Levels of Crime
Infractions, misdemeanors, felonies
37 terms
Criminal Law
The 3 elements of a crime
3 types of Mens Rea
Specific Intent Crimes => FIAT ... = I…
Specific intent crimes (FIAT) - ''bene…
(1) Actus Reus... (2) Mens Rea... (3) Causation
1. Specific intent... 2. Malice ... 3. General Intent
- First Degree Murder... - Inchoate crimes... - Assault with intent…
- Defense available for voluntary intoxication... - Defense av…
The 3 elements of a crime
(1) Actus Reus... (2) Mens Rea... (3) Causation
3 types of Mens Rea
1. Specific intent... 2. Malice ... 3. General Intent
11 terms
Criminal Law
Probable Cause
Felony
Misdemeanor
Writ of Habeas Corpus
Reasonable cause for issuing a search warrant or making an ar…
A crime regarded as more serious than a misdemeanor, and usua…
A crime or offense that is less serious than a felony; any mi…
A court order that requires police to bring a prisoner to cou…
Probable Cause
Reasonable cause for issuing a search warrant or making an ar…
Felony
A crime regarded as more serious than a misdemeanor, and usua…
100 terms
Criminal Law
An example of private law is
The law of criminal procedure deals with
The substantive criminal law
A person might commit a crime for any…
divorce
the law followed in the investigation and processing of a crime
defines the sstandards of conduct for protection of the commu…
fear of arrest and punishment
An example of private law is
divorce
The law of criminal procedure deals with
the law followed in the investigation and processing of a crime
13 terms
Criminal Law
trial
guilty
not guilty
the prosecution
the process to determine the guilt or innocence of the accuse…
the jury's verdict finding against the accused
the jury's verdict finding in favour of the accused
the party responsible for proving the matter beyond a reasona…
trial
the process to determine the guilt or innocence of the accuse…
guilty
the jury's verdict finding against the accused
85 terms
Criminal Law
Common Law: Four Types of Murder (Mali…
Common Law: Two Types of Manslaughter
New York Penal Law: § 25.00; Defenses;…
Model Penal Code: §1.12; Proof Beyond…
1) Intent to kill;... 2) Intent to cause grave bodily harm;... 3) R…
1) Heat of passion killing... 2) Killings unduly dangerous to li…
1) "The people have the burden of disproving [non-affirmative…
3) A ground of defense is affirmative, when ... a) "it arises u…
Common Law: Four Types of Murder (Mali…
1) Intent to kill;... 2) Intent to cause grave bodily harm;... 3) R…
Common Law: Two Types of Manslaughter
1) Heat of passion killing... 2) Killings unduly dangerous to li…
87 terms
Criminal Law
criminal law
criminal procedure
defendant
felony
specifies what kinds of behaviors are illegal, what punishmen…
vast set of rules and guidelines that describe how suspected…
An individual or group being sued or charged with a crime.
A crime more serious than a misdemeanor and punishable by imp…
criminal law
specifies what kinds of behaviors are illegal, what punishmen…
criminal procedure
vast set of rules and guidelines that describe how suspected…
32 terms
Criminal Law
Crime
Defendant
Prosecutor
Plaintiff
is considered an act against the public goodis considered an…
the person accused of a crime
the government attorney who presents the case in court agains…
the party that accuses a person of a crime.
Crime
is considered an act against the public goodis considered an…
Defendant
the person accused of a crime
18 terms
Criminal Law
False Pretenses
Criminal Insanity
Extortion
Plea Bargain
Obtaining money or other property by lying about a past or ex…
When the accused does not know the difference between right a…
Obtaining money or other property from a person by wrongful u…
An agreement with prosecutor allowing a defendant to plead gu…
False Pretenses
Obtaining money or other property by lying about a past or ex…
Criminal Insanity
When the accused does not know the difference between right a…
50 terms
Criminal Law
crime
felony
misdemeanor
concurrence
an act that the government has deemed contrary to the public…
any offense punishable by death or imprisonment exceeding one…
crime punishable by a fine or by detention of one year or les…
when both the physical and metal elements of the crime are pr…
crime
an act that the government has deemed contrary to the public…
felony
any offense punishable by death or imprisonment exceeding one…
10 terms
Criminal Law
An act against the public good, punish…
The government is the party that accus…
The person who is accused of a crime i…
Major crime punishable by imprisonment…
Crime
Prosecutor
Defendant
Felony
An act against the public good, punish…
Crime
The government is the party that accus…
Prosecutor
10 terms
Criminal Law
assault
burglary
crime
defendant
An attempt to commit a battery.
breaking and entering for the purpose of committing a crime
an act that breaks a law and causes harm to people or society…
someone who has been accused of committing a crime
assault
An attempt to commit a battery.
burglary
breaking and entering for the purpose of committing a crime
Criminal law
assault
larceny
forgery
manslaughter
Threatening to give pt. medication
theft of property
something counterfeit; an illegally produced imitation
unlawfully killing another without planning in advance
assault
Threatening to give pt. medication
larceny
theft of property
39 terms
Substantive Criminal Law 1
alibi
verdict of insanity defense
necessity defense
objective entrapment
defendant must provide 10 day written notice to prosecution ,…
jury finds all elements of insanity defense and can admit def…
commit a crime to prevent more serious harm from occurring
police misconduct causes charges to be dismissed
alibi
defendant must provide 10 day written notice to prosecution ,…
verdict of insanity defense
jury finds all elements of insanity defense and can admit def…
28 terms
Criminal Law
State Of Mind
Mens Rea
Strict Liability
Elements
What you are thinking. Most crimes require that the actor hav…
guilty mind
liability without fault
a part or aspect of something abstract, especially one that i…
State Of Mind
What you are thinking. Most crimes require that the actor hav…
Mens Rea
guilty mind
48 terms
Week 1: Criminal Law
armed robbery
arson
bribe
burglary
Robbery committed while the person accused is armed with a da…
the criminal act of deliberately setting fire to property.
persuade (someone) to act in one's favor, typically illegally…
entry into a building illegally with intent to commit a crime…
armed robbery
Robbery committed while the person accused is armed with a da…
arson
the criminal act of deliberately setting fire to property.
93 terms
Criminal Law
The 4 elements of crime
Criminal punishment
The 4 types of criminal punishment
general deterrence
1. a voluntary act ( or omission when there is a duty to act)…
a sanction assessed against a person who has violated the law
death, imprisonment, fine, and creative alternative punishmen…
a goal of criminal law generally, or of a specific conviction…
The 4 elements of crime
1. a voluntary act ( or omission when there is a duty to act)…
Criminal punishment
a sanction assessed against a person who has violated the law
5 terms
Criminal Law Statistics
1. Creation of the U.S. Sentencing Com…
1. The strong economy of the 1990s.... 2.…
1. Increases in number of police. ... 2.…
18 - 24 year old males
What was the effect of empirical work examining US crime in t…
Name 6 factors that played little or no role in declining US…
Name 4 factors that help explain declining US crime rates in…
What demographic group commits most crime in the US?
1. Creation of the U.S. Sentencing Com…
What was the effect of empirical work examining US crime in t…
1. The strong economy of the 1990s.... 2.…
Name 6 factors that played little or no role in declining US…
48 terms
Criminal Law
Crime
Conditions of a Crime (4)
Purpose of Criminal Law (4)
Criminal Code of Canada
An act or the ommission of an act that is prohibted and punis…
1) Considered wrong by society ... 2) Harmful to society ... 3) Har…
1) Protect People... 2) Protect Property... 3) Maintain Societal Or…
- Applies to all Canadians equally... - Lists offences, procedur…
Crime
An act or the ommission of an act that is prohibted and punis…
Conditions of a Crime (4)
1) Considered wrong by society ... 2) Harmful to society ... 3) Har…
43 terms
Criminal Law
Theories of punishment
Determining the Appropriate Sentence
Misdemeanors
1.) Deterrence:... 2.) Rehabilitation... 3.) Isolation/ Incapacitat…
• Nature of the offense... • Character of the offender... • Protect…
Crimes punishable by imprisonment for less than one year or b…
Theories of punishment
1.) Deterrence:... 2.) Rehabilitation... 3.) Isolation/ Incapacitat…
Determining the Appropriate Sentence
• Nature of the offense... • Character of the offender... • Protect…
27 terms
Criminal Law
Preponderance of the evidence
Proof beyond a reasonable doubt
Embezzlement
Trespassing
The evidentiary standard - burden of proof- that a plaintiff…
The evidentiary standard - burden of proof - that the prosecu…
A crime in which a person trusted with handling money for an…
Being on someone's property (land or dwelling) without the pe…
Preponderance of the evidence
The evidentiary standard - burden of proof- that a plaintiff…
Proof beyond a reasonable doubt
The evidentiary standard - burden of proof - that the prosecu…
77 terms
Criminal Law Terms & Definitions
Crime
Felony
Misdemeanor
White Collar Crimes
A punishable offense against society; an illegal act.
A serious crime punishable by one or more years or imprisonme…
A less serious crime than a felony, usually punishable by imp…
Offenses committed in the business world that do not involve…
Crime
A punishable offense against society; an illegal act.
Felony
A serious crime punishable by one or more years or imprisonme…
Criminal Law
4 Purposes of Punishment
Equality (in Punishment)
Compensation (Punishment)
Proportionality (Punishment)
Reformation, Restraint, Retribution, Deterrence
Not changing individual punishments for different individuals
a debt to society must be repaid
the sentence must be equal to the offense
4 Purposes of Punishment
Reformation, Restraint, Retribution, Deterrence
Equality (in Punishment)
Not changing individual punishments for different individuals
15 terms
Criminal Law Vocabulary Set #1
Criminal Law
Corrections
Defendant
Guilty
A system of law concerned with the punishment of those who co…
The variety of programs, services, facilities, and organizati…
A person charged with committing a crime.
To be found responsible for committing a crime.
Criminal Law
A system of law concerned with the punishment of those who co…
Corrections
The variety of programs, services, facilities, and organizati…
10 terms
Criminal law
sentence
prosecutor
imprisonment
proscribe
Punishment
Attorney who initiates a criminal action against someone.
Synonym of prison
Synonym of the verb prohibit
sentence
Punishment
prosecutor
Attorney who initiates a criminal action against someone.
53 terms
criminal law
common law arson
a person
arson common law elements
occupancy
"Willful and malicious burning of the dwelling house of anoth…
arson started off focuses on what
1. The building burned must be a dwelling house, as in burgla…
is a dwelling house occupancy or ownership
common law arson
"Willful and malicious burning of the dwelling house of anoth…
a person
arson started off focuses on what
20 terms
Criminal Law
Accused
Adult
Arrest
Capacity
Charged with an alleged criminal offence
person aged 18 years or over
Police detain a person suspected of committing a crime
the ability of a person to do something
Accused
Charged with an alleged criminal offence
Adult
person aged 18 years or over
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