Criminal Law Flashcards

0
Q

Bench trial

A

Judge or jury trial
Neglectly- boneheaded act. & perceived consequence
Recklessly- intentional

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1
Q

Mens rea

A

Guilty state of mind

Intentional crimes- assault or knowing & unlawfully- possessing drugs

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2
Q

Actus reas

A

The bad act
Possessing drugs
Stealing from
Hurting someone

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3
Q

Defense of justification

A

Self defense against injury - someone comes at me so I protect myself

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4
Q

Defense of alibi

A

You weren’t at crime scene at time it happened

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5
Q

Cohesion

A

Forced under threat of physical injury - wouldn’t have committed if not under threat

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6
Q

Mental disease/ defect defense (insanity defense)

A

Wild beast, can’t be accountable for bold act

Prevents you from understanding nature / consequences of your actions

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7
Q

Defense of extreme emotional disturbance

A

Used in homocide cases,
Convicted of manslaughter not murder
Event so emotionally disturbing you kill someone (wife cheating so shoot them)

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8
Q

Inchoate crime

A

Imperfectly formed or completed

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9
Q

Conspiracy under incohorte crime

A

Punishes agreement to commit crime, not actually doing crime
Agreed between 2+ people to commit
At least 1 person has to commit act furthering agreement (overact)

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10
Q

Attempt to commit crime in inchoate crime

A

Doing something dangerously close to actually committing crime

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11
Q

Penalties people can face for vicious crimes

A
Jail time- county facility misdomeaners  2 years
Prison- state facility- felony 
Community service- do good for around you
House arrest
Restitution- back to square 1- repay
Probation- controlled by officer
Fine- pay gov
Parole- out of prison early
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