Term
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Definition
| Individuals sue one another seeking compensation for injuries done to them. |
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Term
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Definition
| The state prosecutes individuals for injuring society. |
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Term
2 Major Sources of Criminal Law
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Definition
1) Laws passed by legislatures
2) Common Law |
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Term
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Definition
Judge-made
Based on legal precedent-court decisions set by judges in earlier cases. |
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Term
| Primary Source of law today |
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Definition
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Term
| Two classifications of crimes |
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Definition
1) felonies
2) misdemeanors |
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Term
| A crime punishable by death of by imprisonment |
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Definition
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Term
| Nine Examples of common law felonies |
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Definition
Murder manslaughter
Rape Sodomy Mayhem
Robbery Arson Burglary
Larceny |
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Term
| 4 Basic Elements of a Crime |
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Definition
--A prohibited act- must be an act
--Criminal intent- guilty mind
--Concurrence of the act and the intent- must intend to act when the crime is committed.
--Causation- cause harmful result |
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Term
4 basic types of INTENT
A.K.A mens rea |
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Definition
--Specific Intent- person intended for the result
--General Intent-knew it would happen or disregaurded the liklihood it would happen.
--Criminal Negligence- person does some act unintentionally but with an extreme lack of care.
--Strict liability- no mental state is required at all |
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Term
| What is meant by malice aforethought? |
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Definition
| the intent, element of the crime, do harm |
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Term
| Types of malice aforethought. |
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Definition
Actual- the defendant consciously meant to cause another's death.
Implied- Intended to cause great bodily harm
or
should have known that the act would result in death or great bodily harm. |
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Term
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Definition
| cold- blooded, deliberate and premeditated killing done with malice aforethought. |
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Term
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Definition
| killing done with malice aforethought , but without deliberation and premeditation. |
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Term
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Definition
intentional killing committed without malice aforethought
KILLER MUST- be seriously provoked by the victim; not have had an opportunity to cool off. |
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Term
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Definition
| unintended killing that takes place during a crime that is a misdemeanor, also caused by criminal negligence. |
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Term
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Definition
| taking wihtout permission, someone else's property and intending not to give it back. |
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Term
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Definition
| stealing property worht over a certain amount (around $500) |
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Term
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Definition
Stealing property worth less than the grand theft amount (misdemeanor).
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Term
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Definition
| unlawful entry into any building with the intent to commit a crime, usually theft. |
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Term
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Definition
| Against a person, forcible stealing, taking of a person's property by violence or threating violence. |
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Term
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Definition
| using a dangerous weapon to take something from a person |
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Term
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Definition
| people taking property they have been entrusted with |
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Term
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Definition
| knowingly misrepresenting a fact to get property from another person |
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Term
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Definition
| making a threat with the intent of getting property (usually money) from another person. |
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Term
| Receiving stolen property |
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Definition
| against the law in every state, crime requires hat the person knows or should have known theat the property is stolen. |
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Term
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Definition
| motivated b hate, targeted towards another group |
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Term
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Definition
| electronically breaking into or disrupting computer systems |
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