Term
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Definition
Actus reus: taking another's life
Harm: the dead body
Causation: Year and a day rule
Mens rea is the methodology for classifying murder into four big groups |
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Term
| 1st degree murder mens rea |
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Definition
| Purposely with premeditation. Can be a split second of premeditation, but one made a choice. Makes you eligible for the death penalty. |
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Term
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Definition
| Intent to kill or do serious bodily harm or intent to commit a serious felony |
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Term
| 2nd degree murder mens rea |
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Definition
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Term
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Definition
Purposely with adequate provocation.
Was the provocation adequate in the eyes of the law? We kind of understand WHY you did it. Failed self-defense justification. |
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Term
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Definition
1. adultery
2. trespass of the home
3. mutual combat
4. assault & battery (used beyond reasonable force to repell an attack)
5. Words and gestures, where they occur simultaneously with threatening actions |
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Term
| Rules for Assertion of Provocation |
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Definition
| The defendant has to raise, establish, and prove the provocation. Prove that it was linked to the act. Prove the act was committed in the heat of passion: not enough time to cool off. |
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Term
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Definition
| Recklessly or negligently. Either you recognized the risks and disregarded them or you should've recognized the risks (a reasonable person would have) but you didn't. |
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Term
| Crimes against the person |
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Definition
Rape
Assault
Battery
Kidnapping
Stalking
Robbery
False Imprisonment |
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Term
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Definition
Actus reus= offensive touching. Direct or indirect.
Mens rea= purposely, knowingly, recklessly, or negligently
Harm: the offensiveness. Doesn't have to be painful or violent or injurious
Lenient reasonable person standard |
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Term
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Definition
Actus reus: Creating fear
Mens rea: All four
Harm: the fear
Reasonable person standard. Immediate potential for the harm. |
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Term
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Definition
Actus reus: following, or spying, or pursuing, or repeatedly contacting
Mens rea: purposely
Harm: the fear, the potential harm |
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Term
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Definition
Actus reus: Forcible detention and/or confinment
Force can be threat of force, not necessarily physical. Victim can't or believes he can't escape.
Mens rea: purposely. |
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Term
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Definition
Actus reus: Detention of and carrying away (asportation) by force or fraud. As little as a few feet of movement
Mens rea: Purposely |
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Term
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Definition
Actus reus: a variety of sex acts against a person's will or without consent
Mens rea: Purposely
Harm: Can be physical or emotional
Causation: In proving the act caused the harm, we look to the mens rea. If the sex was consensual, the sex didn't cause the harm. |
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Term
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Definition
| Help overcome the proof problem in rape. Defense must prove prior sexual conduct of the victim is relevant in a hearing |
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Term
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Definition
-Rebuttable assumption that a boy under 14 cannot commit a rape
-Defense to charge of statutory rape: I'm under 18 |
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Term
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Definition
1. Theft
2. Receiving Stolen Property
3. Robbery
4. Extortion
5. Arson
6. Burglary
7. Cybercrimes |
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Term
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Definition
Actus reus: wrongful taking of another person's property
Mens rea: Purposely.
Harm: Lost property
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Term
| Receiving Stolen Property |
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Definition
Actus reus: Acquiring goods with the knowledge that they have been stolen or unlawfully taken in any manner
Mens rea: Purposely
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Term
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Definition
Actus reus: taking and carrying away of another person's property from the person or in the person's presence with force
Mens rea: Purposely
Harm: loss of property, risk of injury |
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Term
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Definition
Actus reus: A threat to do future harm to a person, person's property, or reputation
Mens rea: Purposely
Harm: the fear |
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Term
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Definition
Actus reus: To set fire to or burn another's property
Mens rea: Purposely as to the act, recklessly as to what burns |
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Term
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Definition
Actus reus: 1. a breaking and entering 2. of the dwelling of another 3. at nighttime 4. with the purpose to commit a terrible crime inside
Mens rea: Purposely
Harm: intrusion and potential harm from contemplated act |
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Term
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Definition
Actus reus: Giving aid and comfort to the enemy
Mens rea: Purposely with the intent to betray the United States
Harm: to the state |
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Term
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Definition
Actus reus: Advocating the violent overthrow of the government, spoken or written. Could include joining a group with this intent (Smith Act)
Mens rea: Purposely with intent to violently overthrow the government
Harm: to the state |
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Term
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Definition
Actus reus: Damaging or destroying government property with the purpose to interfere with or harm war efforts or national emergency relief efforts
Mens rea: Purposely, usually. Recklessly or negligently also.
Harm: to the state |
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Term
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Definition
Anti-Terrorism and Effective Death Penalty Act of 1996
USA Patriot Act of 2001
Actus reus: using weapons of mass destruction, acts of terrorism transcending national boundaries, harboring terrorists, material support of terrorists |
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