clj
Terms
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- Homicides
-
-criminal
-justifiable
-excusable
(murder or manslaughter) - Criminal homicide
- Unlawfully and knowingly, recklessly, or negligently causes death or another human being
- Corpus Delicti
- Proving a crime is committed
- First murder
-
John billinton (pilgrim)
Punishement was hanging - First degree murder
-
Premeditated
Intent to kill - Malice aforthought
-
Person must have to commit first degree
Must have an angry mental state - Deadly weapon doctrine
-
if the defendant points a loaded gun, and pulls teh trigger he intended to kill
He knew what would occur - Deadly weapon
- fist, scarf anything pretty much
- Transfer intent
- Victim is not the one teh defendant meant to kill
- "roughing someone up"
- Killed him or her my mistake will lack the intent to kill for first degree murder
- Intent to do serious bodily harm
- May result in a conviction of second degree murder or even manslaughter depending on state
- Felony murder rule
- Those who agree to act with those who are committing a cirminal act
- res gestae theory
- if killing was committed in, about ot as apart of the underlying transaction
- Consipiracy
- an aggreement between two or more persons to engage in a criminal act
- Inchoate
-
conspiracy
criminal solicitation
criminal intent - Manslaughter
- classification of criminal homicide, that is less than murder
- difference between manslaught and murder
- result of teh conflict between defendant and victime where vicitim is involved in teh conflict
- manslaughter (catch all)
- mitigating circumstances make teh behavior understandable but not excusable
- voluntary manslaughter
- Acted willfully, but was someone justified for his actions
- Murder charges will be reduced to manslaughter charges if the court believes teh crime occured in the_____________________
- heat of passion
- Heat of passion
-
Adequate provication
no oppurtunity to cool off
casual connection between teh provication, teh range, anger, and fatal act - Involuntary manslaughter
-
two types of homicide
-criminal negligence manslaughter
-unlawful act manslaughter - Homicide by vehicle
- Not conisdered to be premedicated, but usually breaks traffic ordinances
- Euthanasia
- Mercy killing
- Living wills
- Spell out clearly what steps shoudl be taken to revive them and under what circumstances
- Infanticide
- Murder of a newborn
- Justifiable homicides
- Killings committed out to duty with no criminal intent
- Sovereign immunity
- King could do no wrong and it above the law
- Military action
- not murders
- killing done in self defense
- are not murders
- Abduction
- Teh illegal carrying away of a person by force or coercion, generally with intent to harm the victim. kidnapping and abduction are covered by same statute
- assault
- An act of force or threat of force intended to inflict harm upon a person or to a person to put fear that suck harm in imminent
- Child abuse
-
Crimes taht are committed against minros or crimes created to protect children who cannot act in their own best interest
(statutory rape, incest, medical negligence) - Domestic voilence
- Assault battery aggrivated assault, harrasment, stalking, and other crime incvolving mental or physical injury to a victim when perpetrated by teh partener
- Hate crimes
- Hatred based on race, religion, sexual orientation, handicap,ethnicity, or national origin
- Kidnapping
- Crime of taking in detaining a person against his will or force, intimidation, or fraud (ranson is not required)
- Parens patriae
- crown protect those most vulnerable in society when they cannot protect themselves
- rape
- forces sexual intercourse with a women, not ones wife
- rape shield law
- codified rule of eveidence taht provides for exculsion of a rape victims sexual history
- VAWA
- The violence against womens act, a federal law criminalizing interstate acts of domestic violence and funding reserach
- Arson
- Intentional and malicious burnign of structure
- Burglary
- Breaking and entering of the dwelling house of another at night with the intent to commit a felony inside
- Eminent domain
- State power to take private property for a public use or public purpose without owners consent
- fee simple
- the legal term for ownership of teh entire bundle of rights taht go with a piece of prperty
- Forgery
- fraudulant making or aultering of any writing
- Joint tenants with right of survivorship
- Form of ownership in which the joint tenant recieves teh property should the other die
- Personal property
- all property other than real property
- real property
- land and everything attached to it
- Robbery
- taking of anothers property againsts their will either by force or threat
- Tenancy by the entirety
- legal joint ownership in which both spounses an undivided interest in the whole property and in which neither spouse can sell his or her interest without the others consent
- tenants in common
- Each owns and undivided interest in the whole property
- theft
- taking and carying away of anothers property with teh intent to deprive him or her of it immediately
- Dometic terrorism
- Involve crimianl acts dangerous to human life, (U.S)
- Espionage
- knowingly abd willingfully communicating, furnishing, transmitting or other making available to an unauthorized person
- Letters or marque and reprisal
- letter from gov. used to grant private person to seize teh subject of the foreign state
- habeas corpus
- "great writ" order another authority to bring a person held to court
- International terrorism
- Activities taht occur outside u.s jurisdiction and involve criminal acts dangerous to human life
- Military tribunal
- a military court convened in times of energency to try those accused of war- related crimes such as terrorismm, espionage, or treasion
- power to declare war
- power reserved by congress in the constitution
- terrorism
- unlawful threat of violencem against the sate or the public as a politically motivated means of attack or coercion
- treason
- levyign war against united sates, or adhearing to there enimies giving them aid and comfort
- Bribery
- The crime of giving something of value with intention of unfluencing the action of a public official
- conspiracy
- an agreement between two or more persons to engage in a criminal act
- contempt
- Conduct that brings teh authority and administration of teh law into discrespect or taht embrarrases or obstructs teh courts discharge of its duties
- impeachment
- an indictment of piblic officials taht leas to a trial to determine whether he or she shoudl be removed from office
- obstruction of justice
- Teh crime of impeding or hindering the administration of justice in any way
- perjury
- false testimony in a judicial or administrative proceeding; lying under oath
- perjury trap
- grand jury sbpoenas a witness for the sole purpose of obtaining perjured testimnoy
- recantation
- the retraction fo a testimony
- RICO
- Racketeering influenced and corrupt organizations act in legilation taht enable gov. to prosecute indiv. and org. for a pattern of criminal activity
- Subornation of perjury
- Convincing or seeking to convice another person to commit perjury
- two- witness rule
- requires two witnesses to testify to anothers perjury in order for a conviction to take place
- Abortion
- the termination of pregnancy by something other tahn birth
- Adultery
- Sexual intercourse by a married person with someone who is not the spouse
- bigamy
- the crimainla act of marrying when ne already has a spouse
- Controlled substance
- a drug considered dangerous under law becuse of its affects
- fornication
- voluntaried intercourse bewteen two unmarried people
- gambling
- monetatyr risk for monetary gain
- pimp
- works to procure clients for prostitution
- prostitution
- Engaging in intercourse for pay
- public indecency
- lewd conduct open to public view
- sex workers
- working is sex industry
- sodomy
- sexual relations between members of same sex, aminals, unmarried, per anus, per os