Term
| Is there a universal definition of terrorist/terrorism? |
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Definition
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Term
| What is international terrorism? |
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Definition
| Outside U.S. borders, acts that are criminal if committed in U.S. borders |
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Term
| What is domestic terrorism? |
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Definition
| Crimes committed inside U.S. borders |
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Term
| How is terrorism defined in the U.S. Code? |
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Definition
Acts that are intended to:
Intimidate or coerce the American public or government.
Any act that influences or affects U.S. public policy.
Affects governments conduct. |
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Term
| What is extraterritorial jurisdiction? |
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Definition
specified U.S. terrorist crimes that happen outside of the U.S.
- punishment of crimes against u.s. nationals |
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Term
| What is the Actus Reus of terrorism? |
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Definition
planning
weapons of mass destruction
providing materials to support
harboring or concealing terrorists |
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Term
| What three crimes of violence fall under terrorism? |
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Definition
crimes against person
- murder, kidnapping
crimes against property
- owned or leased by u.s. or u.s. citizen
- territory – u.s. sea or air space
- interstate commerce – use of mail or any facility in interstate foreign committee, can be in u.s. states or foreign states as well.
crimes against inchoate
- attempt, conspiracy, and solicitation |
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Term
| How are many terrorists prosecuted? |
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Definition
For the crimes they commit.
- murder, bank robbery, arson |
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Term
| Terrorism is found under what U.S. Code? |
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Definition
Title 18
amended by:
anti-terrorism & effective death penalty act
USA PATRIOT ACT
* expands law enforcements power. |
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Term
| Weapons of mass destruction |
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Definition
use, attempt, threat or conspiracy to use.
Chemical weapons – (poisonous gas)
Biological agents – (smallpox, tuberculosis)
Weapons releasing radiation – (nuclear devices)
Explosive devices – (bombs, missiles, rockets, mines) |
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Term
| What is the Mens Rea of terrorism? |
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Definition
Mens Rea: knowing or intending that they are to be used for terrorist activities.
- Main laws used in terrorist prosecution
- Sedition also used to charge terrorists |
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Term
| What were the terror trials in state court? |
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Definition
2 people planned to blow up synagogs in NY
- this was considered terrorism because they were trying to intimidate/coerce a civilian population, or influence the government conduct.
- both men lived in the area, and there conversations occurred in the city.
- bad because there is a potential for security challenges. (security of the jury, judge, etc.) |
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Term
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Definition
Congress unlike England cannot extend punishments to the guilty party’s family.
Only crime in constitution
Can have treason on federal and state level |
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Term
| What is the Actus Reus of treason? |
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Definition
Wage war against u.s. – take up arms
Aid/comfort the enemy – assistance |
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Term
| What is the Mens Rea of treason? |
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Definition
Intellectual or emotional favor of the enemy
Having sympathies or beliefs disloyal to the U.S.
Anti American sentiment
Intent to betray |
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Term
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Definition
Burden of proof is on prosecution
3 Elements needed:
Intent to betray
- witnesses may attest to the defendants statements or behavior
Treasonous act
Two witnesses or confession in open court
- Very few have been prosecuted on treason
- 30 cases in 234 years. |
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Term
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Definition
former vice president charged with treason within the meaning of article 3, sect 3, of the U.S. Code
- found not guilty
-only time in American history that courts tried such a high-level official of treason.
- Burr v. Hamilton duel: Burr Won |
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Term
| What are the alien and sedition acts? |
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Definition
4 Acts
- First 3 acts about residency
- Passed under Adams presidency
- Sedition act was the 4th act that punished false scandalous and malicious writing. |
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Term
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Definition
Common law was vague
Can be committed by seditious slander or seditious libel |
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Term
| Modern statutes regarding sedition |
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Definition
Punishes people who incite, sets on foot, assists or engages in any rebellion or insurrection against the authority of the United States
- Used in prosecution of terrorists |
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Term
| What is seditious conspiracy? |
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Definition
Found in title 18 of the U.S. Code
Directed against use of force:
- Against the govt.
- To prevent any execution of law
- To interfere with government property
- Used in prosecution of terrorists |
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Term
| What is the Actus Reus and Mens Rea of sedition? |
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Definition
Actus Reus:
conspiring to overthrow U.S. government
any violent acts against U.S.
calling for immediate force against U.S.
Mens Rea – intentionally or purposefully |
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Term
| What is the amended espionage act of 1917? |
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Definition
Forbade negative expression of U.S. government., it’s flag, or it’s armed forces.
Forbade anything that interfered with the sale of U.S. bonds
Repealed in 1920 |
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Term
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Definition
Espionage and Espionage during war
- Two different crimes. |
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Term
| What is the Mens Rea and Actus Reus of espionage? |
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Definition
Actus Reus: giving information to another country. if you attempt and its not successful it is still considered espionage
Mens-Rea: intent to injure U.S. or believe that your giving of information may hurt the U.S. or even if it doesn’t hurt U.S. but helps a foreign nation its still espionage |
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Term
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Definition
is not constitutionally protected
- previously handled under religious courts
Miller Standard - 3 part test
1: Prurient interests: sexual side
2: Patently offensive
3: Lacks serious literary, artistic, political, or scientific value when taken as a whole. |
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Term
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Definition
Obscenity case
- no socially redeemable value
- sent out naked pictures of women by mail
- obscene material has no protection under the First amendment because freedom of expression does not provide absolute protection for every possible utterance |
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Term
| Why is obscenity criminal? |
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Definition
- to protect moral fabric of the community
- to prevent anti-social conduct
- to protect the integrity of women
- it is inherently sexual rather than mental |
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Term
| What is the difference between passive and aggressive panhandling? |
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Definition
Passive: sitting somewhere with a sign
Aggressive: Asking someone over and over again for money
* recently overturned |
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Term
| What is a victimless crime? |
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Definition
Crimes against morality
- overreach of criminal law
ex. prostitution, gambling, drug use |
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Term
| What is the Actus Reus and Mens Rea of sabotage? |
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Definition
Actus reus:
- Harming war material
- Also injury of harbors and utilities (transportation, power, water, electricity) national defense materials
- Can occur in times of war or peace or national emergency
Mens rea:
- Purposefully or knowingly that injures or will impede the defense of the U.S. or an ally. |
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Term
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Definition
| In some places it was considered a misdemeanor but that has been overturned due to "void for vagueness" |
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Term
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Definition
illegal to prevent the spread of diseases, damage to family, exploitation, & it's inherently immoral in nature
Misdemeanor - after 3rd one its punished more severely.
Felony - if the person knew they had aids. |
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Term
| Solicitation of prostitution |
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Definition
basically means promoting prostitution
ex. pimping, pandering, living off of prostitution, keeping a place of prostitution. |
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Term
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Definition
legal in Nevada in specific counties, closely regulated.
- licensing fees
- must wear a condom
- must be 21 years old |
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Term
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Definition
meant to keep "undesirables" off of the streets
wandering the streets with no apparent means of making a living |
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Term
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Definition
Misdemeanor
thought to breed violence towards humans. |
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Term
| Child pornography and indecent exposure |
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Definition
There is no 3 part test for child pornography
Child porn depicts children under a certain age engaging in a sexual activity regardless of intrinsic value. |
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Term
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Definition
| standing in public with no apparent purpose |
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Term
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Definition
- illegal
- illegal to solicit someone to join a gang
- NY has a state terrorism act that has recently been used to prosecute a gang crime.
* member of a gang in an aggravating factor |
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Term
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Definition
relatively minor misdemeanor
ex. vagrancy, loitering, panhandling
- focused on when jurisdictions were utilizing the broken windows theory of crimes and law enforcement
- stops minor offenses before they escalate |
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Term
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Definition
common law: unlawful assembly - upgraded to riot
- based on british law which included political protest
All states have some sort of riot law because of group mentality (belief that group conflict creates more damage) |
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Term
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Definition
common law: breach of peace
constructive: reasonably likely to provoke others to disrupt public order (challenge others to fight)
- misdemeanor (varies between states)
severe disorderly conduct = felony
- fine line between disorderly conduct and free speech |
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Term
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Definition
common law: misdemeanor
modern law: minor felony
3 types of acts:
1: destruction or damage to tangible property
2: tampering with tangible property
3: endangering a person or property |
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Term
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Definition
unauthorized entry or remaining on the land or premises of another.
defiant trespass: knowingly after received notice
Mens Rea of trespass:
- knowingly (most states)
- purposefully
- strict liability (no intent, just act) |
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Term
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Definition
intent to commit egregious felonies
- armed with a dangerous weapon
- committed at night |
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Term
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Definition
common law: breaking and entering anothers home at night with the intent to commit a felony
modern law:
- most states no longer require breaking
- unlawful/uninvited entry is sufficient
- only part of a person needs to be in the area to be called entry
- no longer limited to home, but must be owned by another
concerned with those who live in the structure and not own it (renters)
concurrence - intent to commit felony when b&e occurs. |
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Term
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Definition
can a corporation be guilty of murder? no
but can be convicted of involuntary manslaughter
- film recovery systems
- cyanide poisoning
- didn't tell workers that they were working w/cyanide
- failed to provide protective equipment |
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Term
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Definition
if a person is killed in commission of a felony
- these laws exist to deter people from placing others in danger during a felony.
- people who commit such acts are punished harshly
* relieves prosecution of burden of establishing criminal intent |
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Term
| Aggravated/Capital murder |
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Definition
some states have in addition to 1st degree murder
- victim is a police officer
- victim is a juvenile
- offender is an escaped inmate
- act is terrorism
- act is murder for hire |
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Term
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Definition
24 states: degrees of homicide regardless of viability
10 states: degree of homicide with viability requirement
Federal: separate crime, any state of development, no viability requirement
Most States: brain test for death, proximate cause of death - regardless of time elapsed
Common law: not liable for death of unborn child |
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Term
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Definition
gross negligence
deaths caused by negligence
several types: negligent, vehicular, misdemeanor
misdemeanor + causing death of another = negligently cleaning a gun, speeding and killing someone |
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Term
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Definition
based on reaction of reasonable person.
- must have adequate provocation
in the heat of passion: no cooling off period
- mistaken belief of self defense
voluntary mutual combat: fight club
- can be upgraded to murder |
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Term
| Intent to cause serious bodily harm |
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Definition
| ex. lying in wait, shooting at a person to scare but instead kill, shooting through crowd or house |
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Term
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Definition
- causing the death of another person
- intentional act dangerous to life of another
- intent to kill without premeditation and deliberation
- intent to commit underlying felony for felony murder |
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Term
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Definition
no premeditation, no deliberation
depraved heart murder - acting with no regard to life in a way that will likely kill another
- intent to cause somebody serious harm and they die. |
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Term
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Definition
premeditation, deliberation, malice aforethought
- intentional murders during a felony
- heinous, atrocious, cruel murders |
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Term
| What are the degrees of homicide based on? |
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Definition
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Term
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Definition
justifiable homicide: defense (self, others, home) or police use of deadly force when warranted
excusable homicide: legally insane, diminished capacity, infants
Murder: any murder that is not justifiable or excusable
Manslaughter: less culpable than murder |
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Term
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Definition
unlawful killing of a human being
- purposefully
- knowingly
- recklessly
- negligently |
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Term
| History of the homicide law |
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Definition
- goes back to 15th century England
benefit of the clergy: not subject to death penalty
monarchies expansion of royal court power: expanded to people that can read
distinction between murder and manslaughter |
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Term
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Definition
| false imprisonment - told girl to stay in the bathroom |
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Term
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Definition
intentional and unlawful confinement or restraint of another person
Actus Reus - compelling victim to remain where he did not want to remain |
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Term
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Definition
forcibly moved intended rape victim 133ft at night into unlit area where he was less likely to be detected - also had a knife
- convicted of aggravated kidnapping |
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Term
| Actus Reas and Mens Rea of Kidnapping |
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Definition
common law: removed from country and taken to another
Mens Rea - intent to move or confine victim without consent
Actus Reus - forceable movement of a person from one place to another |
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Term
| What is the definition of stalking? |
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Definition
allowing an individual with intent to cause immediate or future bodily harm or placing their person in reasonable apprehension of immediate or future bodily harm to themselves or a family member.
- don't need intent to cause fear |
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Term
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Definition
intent to murder, rape, or rob
- deadly weapon
- discharge of a firearm from a vehicle
- police office, senior citizen, other official |
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Term
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Definition
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Term
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Definition
serious injury
- dangerous or deadly weapons
- intent to kill, rape, or seriously harm
consent may be used as a defense: can be implied or explicit
- may constitute a defense |
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Term
| Mens Rea satisfaction according to the model penal code |
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Definition
intentional
purposefully
reckless
negligent intent
- as regarded by a reasonable person, does not have to be through touch, can be indirect |
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Term
| Assault definition and battery definition |
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Definition
Assault: attempt to commit battery or intentional threat of battery
Battery: application of force to another person
* aggravating factors can bump either up to a felony |
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Term
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Definition
Prohibit the introduction of evidence concerning a victims past sexual activity
Passed to:
- prevent harassment of victim
- keep jurys attention to relevant facts
- prevent bias against victim
- encourage victims to report offense |
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Term
| Withdrawal of consent laws |
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Definition
Person can initially consent, but then withdraw
- after consents withdrawn, person deemed to not grant consent to any further sexual activity |
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Term
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Definition
sexual relations with a juvenile.
Based on several considerations:
- minors are incapable of understanding the nature and consequences of sex
- can be psychologically demanding
- immoral and contrary to social values
- protection of females based because males are typically the aggressors |
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Term
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Definition
did the defendant honestly and reasonably believe the victim consented?
- objective test |
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Term
| Actus Reus and Mens Rea of rape |
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Definition
Actus Reus - sexual penetration of the body by force
Mens Rea - (common law) intent to have sex with a woman who is not his wife
- objective test in most states
- subjective test in some states (don't care what the defendant believed) |
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Term
| Different forms of consent |
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Definition
words
actions
physical resistance
- varies by state
- rape = force and lack of consent |
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Term
| Actual use of force can be substituted with? |
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Definition
threat of force
force by coercion
force by fear |
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Term
| Intrinsic Force (state v. M.T.S) |
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Definition
only force is needed to accomplish the penetration
- in the interest of M.T.S |
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Term
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Definition
beyond the amount of physical effort required to accomplish the penetration.
Commonwealth v. Berkowitz
B was convicted by jury of rape. victim said no to the Defendant’s advances, there was no evidence of force or threats made by the Defendant. |
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Term
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Definition
- rape laws generally neutral
- definitions of "sexual intercourse" expanded
- required degree for resistance included
- coercion is accounted for
- marital exemption dropped
- new sexual assault statutes
^ criminal sexual conduct, sexual assault
- most recent: FBI's UCR |
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Term
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Definition
lady believed man could cure her with his serum.
- realized it was fraudulent, not found legitimate in court.
* fraud inducement case |
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Term
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Definition
agreeing to sexual act but under fraudulent pretenses.
* rare |
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Term
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Definition
fraud in the nature of the act, do not need to show resistance
People v. Minkowski: woman consented to pelvic exam but was instead raped. |
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Term
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Definition
fire doesn't necessarily destroy or seriously damage
- burn mark on carpet is sufficient
states no longer limit to dwellings or anothers property
- some people light their businesses on fire for insurance money |
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Term
| Mens Rea and aggravating factors of Arson |
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Definition
Mens Rea:
- still mostly willful and malicious
- some graduation of recklessness
Aggravating factors:
- severe damage
- intent to kill or injure |
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Term
| Resisting rape according to jurisdictions |
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Definition
Most: Reasonable resistance
Some: Resistance in earnest
* resistance is not required if victim is asleep, intoxicated, or unconscious |
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Term
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Definition
common law: resist to the utmost (had to fight back)
Brown v. State: girl with measles is raped, uproar at the case. |
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Term
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Definition
remembering the event: nightmares
strong emotions: anger, guilt, depression
psychological symptoms: physical injury
self-medication: drug and alcohol abuse |
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Term
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Definition
2nd degree
- threat or coercion putting on in fear of imminent bodily harm
- use of drugs or intoxicants |
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Term
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Definition
1st degree
need one of the following to prove:
- serious bodily injury or death
- use/threat of a deadly weapon
- repeated rape
- rape by more than 1 person
- victim less than 10 years old and perp at least 18 |
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Term
| What are the two different categories of rape? |
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Definition
aggravated rape
simple rape |
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Term
| What are felony types of rape? |
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Definition
"real rape": 2 people do not know each other, easier to prove in court
"acquaintance rape (date rape)": harder to prove in court
* rape and same sex rape is highly undocumented |
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Term
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Definition
- Capital crime at common law:
- Considered a property crime:
- Trespass
- Marital exception: Only Females not males.
- Punishable by death.
- protection of victim's bodily integrity; psychological health and welfare; and sexual independence. |
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Term
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Definition
| punished as a felony even if no injury occurs |
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