Glossary of crim law final 2
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- to corruptly give, offer, or promise to any public servant, any benefit with intent to influence said person.
- a person willfull and contray to an oath, states or subscribes any material matter which he does not believe to be true.
- departing from lawful custody without the use of force
- jail breaking
- departing from lawful custody using force
- helping another depart from lawful custody through the use of force
- perponderance of the evidence
- the defense must prove their defence through the weight of their evidence
- affermative defense
- a defence that must be specifically pled.
- defense: infancy
- common law under 7 no criminal intent. 7-14 proof must be offered to claim intent. 14+ adult standards.
- defense: intoxication
- voluntary: specific intent only.
invuluntary: rare, but can be used if defence can show that the defendant didnt know right from wrong while intoxicated
- defense: insanity
- uses the M'Naghten rule, which means. a person who is under a defect of reason, from desease of mind, and either didnt know the nature or their act or that it was wrong can not be convicted of a crime.
- defence: duress
- valid if the threat of harm was "present, imminent, and pending" and gave reason to believe that death or serious injury would occur otherwise. not valid toward murder and manslaughter cases
- defence: necessity
- only valid when a situation out of anyone's control causes the duress which leads to the action. usually if necessity cases are not even prosecuted.
- defence: consent
- only valid where concent in an issue in the elements of the crime. you cant consent to an illegal act
- defence: alibi
- literally means, elsewhere. no denial of the occurance of the crime, but claims that the defendant couldnt have done it as they were not there.
- defense: self-defense
- deadly force: only valid if the defendant is allowed to be where the crime took place, acts without fault, and in reasonable fear of death or serious injury.
non-deadly force: must be proportionate
- defense: defense of others
- uses the same guidelines as self-defense.
- defense: double jepardy
- in order to get around double jepardy, the prosecution must show a manifest necessity, and then the chance is slim.
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