Term
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Definition
| When an actor is liable for someone else's conduct |
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Term
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Definition
| WHen the relationship between two parties makes one party ciminally liable for another party's conduct |
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Term
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Definition
| participants before and during the commission of crimes |
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Term
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Definition
| participants after crimes are committed |
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Term
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Definition
| The rule that the crime of conspiracy and the crime the conspirators agree to commit are seperate offenses |
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Term
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Definition
| even presence at the scene of a crime followed by flight is not enough action to satisfy the actus reus requirement of accomplice liability |
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Term
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Definition
| Criminally liability for trying to commit crimes |
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Term
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Definition
| making agreements with someone else to commit crimes |
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Term
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Definition
| Trying to get someone else to commit a crime |
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Term
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Definition
| To begin, previous three crimes (mens rea of purpose or specific intent, actus reus of taking some steps toward accomplishing the criminal purpose) |
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Term
| Offense of general Application |
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Definition
| Model penal code name for incohate crime - incohate has specific part of committing a specific crime and general part of taking steps towards a crime but not completing it |
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Term
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Definition
| looks at how close defendants came to completing their crimes |
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Term
| Dangerous person rationale |
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Definition
| how fully defendants have developed their criminal purpose |
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Term
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Definition
| all attempt crimes require purpose to engage in criminal conduct or cause a criminal result |
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Term
| Attempt Actus Reus(Last proximate act rule) |
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Definition
| means that you acts brought you as close as possible to completing the crime |
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Term
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Definition
| Asks, "Were the defendant's acts close enough to the intended crime to count as the criminal act in the attempt?" |
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Term
| dangerous proximity to success test (physical proximity test) |
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Definition
| asks wheter defendants have become dangerously close to completing the crime |
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Term
| indispensible element test |
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Definition
| asks whether defendants have reached a point where they've gotton control of everything they need to complete the crime |
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Term
| the unequivocality test (res ipsa loquiter test)- the act speaks for itelsef |
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Definition
| examines whether an ordinary person who saw the defendant's acts without knowing her intent would believe she was determined to commit the intended crime |
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Term
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Definition
| another dangerous person test that focuses on how far defendants have gone, not on what's left for them to do to complete the crime |
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Term
| substantial steps test (MPC test) |
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Definition
| MPC's attempt actus reus includes two elements, 1) substantial steps towards completing the crime and 2)steps that "strongly corroborate the actors criminal purpose." |
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Term
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Definition
| occurs when actors intend to commit crimes, and do everything they can to carry out their criminal intent, but the criminal law doesn't ban what they did |
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Term
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Definition
| occurs when actors intend to commit a crime and try to but some fact or circumstance interupts them to prevent the completion of the crime |
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Term
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Definition
| fact or circumstance that interrupts or prevents the completion of a crime |
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Term
| Defense of voluntary abandonment |
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Definition
| a change in the actor's purpose not influenced by outside circumstances |
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Term
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Definition
| the crime of agreeing with one of more people to commit a crime |
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Term
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Definition
| 1)an agreement to commit a crime and 2) an overt act in furtherance of the agreement |
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Term
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Definition
| commit a crime with another person |
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Term
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Definition
| is the criminal goal of an agreement to commit a crime |
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Term
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Definition
| doesn't require all the conspirators agree or know each other |
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Term
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Definition
| one of more defendants participate in every transaction |
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Term
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Definition
| participants at one end of the chain may know nothing of those at the other end, but every particants handles the same commodity at different points |
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Term
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Definition
| the crime of trying to get someone else to commit a crime |
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Term
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Definition
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Term
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Definition
| specific intent crime, crime of purpose; words that convey that their purpose is to get someone to commit a specific crime |
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Term
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Definition
| rule states, that to be a person, and therefore a homicide victim, a babt had to be born alive and capable of breathing and maintaininga heartbeat on its own |
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Term
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Definition
| killing a person with malice aforethought |
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Term
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Definition
| killing a person without malice aforethought |
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Term
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Definition
| specifically directed at the killing of fetuses |
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Term
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Definition
| self-defense, capital punishment, and the law enforcement use of deadly force |
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Term
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Definition
| killing done by someone not of sound memory and discretion (insane/immature) |
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Term
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Definition
| all homicides that are neither justified nor excused |
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Term
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Definition
| malice meant with specific intent or killing on purpose and probably with some degree of spite, hate, or bad will/aforethought meant the acts were planned in advance |
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Term
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Definition
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Term
| intent-to-cause-serious-bodily-injury murder |
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Definition
| no intent to kill was required when a victim did following acts triggered by the intent to inflict serious bodily injury short or death |
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Term
| express malice aforethought |
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Definition
| reserved for killings that fit the original meaning of murder-intentional killings planned in advnace |
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Term
| implied malice aforethought |
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Definition
| intentional killings without premeditation or reasonable provocation, unintentional killings during the commission of felonies, depraved heart killings, intent ro inflict grievous bodily harm killings |
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Term
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Definition
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Term
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Definition
| every state of mind included in the concept of malice aforethought |
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Term
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Definition
| must be limited by the criteria established and announced before the decision to sentence the defendant to death |
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Term
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Definition
| death penalty cases in death penalty states |
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Term
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Definition
| mandates that the death penalty decision be made in two stages; a trialto determine guilt and a second seperate proceding, after a finding of guilt, to consider te aggravating factors for and mitigating factors against, capitol punishment |
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Term
| specific intent plus real premeditation deliberation |
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Definition
| the slayer killed as a result of careful thought and weighing of consideration; as a deliberate judgement or plan; carried on coollyand steadily |
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Term
| equivalent of specific intent |
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Definition
| renders the difference between first and second degree murder |
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Term
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Definition
| premeditated, deliberate killings and other particular heinous capitol murder |
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Term
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Definition
| a catchall offense including killings that are neither manslaughter nor first degree murder, unintentional killings |
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Term
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Definition
| unintentional deaths that occur during the commission of felonies |
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Term
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Definition
| defense to felony murder that someone other than the felon caused the death during the commission of a felony |
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Term
| resisting victim exception |
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Definition
| exception to the third party exception to felony murder, in which the defendant can be charged with the killing of his accomplice committed by the resisting victim |
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Term
| inherently dangerous felony approach |
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Definition
| courts look at the felony in the abstract-if a felony can be committed in a way thats not dangerous to life, even if it was comitted in a dangerous way in the case befoer the court, then its not inherently dangerous |
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Term
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Definition
| the fact and circumstances surrounding the way the felony was comitted in the particular case, not the elements of the crime int he abstract, may be considered to determine whether it was dangerous to human life |
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Term
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Definition
| intentional killings comitted in the sudden heat of passion under adequate provocation |
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Term
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Definition
| the circumstance element in voluntary manslaughter that is the trigger that sets off the sudden killing of another person; acts that qualify as reducing murder to manslaughter |
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Term
| objective test of cooling off time |
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Definition
| in voluntary manslaughter, the element of whether in similar circumstances a reasonable person would've had time to cool off |
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Term
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Definition
| a smoldering resentment or spent up rage resulting from earlier insults or humilating events, culminating in a triggering event that, by itself, might be insufficient to provoke the deadly act |
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Term
| extreme mental or emotional disturbance |
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Definition
| a defense that reduces criminal homicide to manslaughter if emotional disturbance provides a reasonable explanation for the defendant's action |
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Term
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Definition
| a husband who caught his wife in the act of adultery had the adequte provocation to kill and could reduce criminal homicide to voluntary manslaughter |
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Term
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Definition
| criminal homicides caused either by recklessnes or gross negligence |
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Term
| criminal negligence manslaughter |
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Definition
| includes the mental elements of both recklessness and negligence |
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Term
| unlawful act manslaughter |
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Definition
| sometimes called misdemeanor manslaughter, its involuntary manslaugher based on deaths that take place during the commission of another crime |
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Term
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Definition
| includes everything from commmitting felonies, misdemeanors, and even traffic violations, city ordinances, administrative crimes, and noncriminal wrongs, such as civil trespass and other torts |
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Term
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Definition
| intentional forced heterosexual vaginal penetration by a man with a woman not his wife |
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Term
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Definition
| anal intercourse between two males |
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Term
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Definition
| expanded the defintion of sex offenses to embrace the wide range of nonconsensual pentrations and contacts |
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Term
| criminal sexual conduct statues |
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Definition
| expanded the definition of sex offenses to embrace a wide range of nonconsensual penetration and contact |
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Term
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Definition
| rape committed with a weapon, by more than one person, or causing serious physical injury to the victim |
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Term
| unarmed acquaintance rape |
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Definition
| nonconsensual sex between people who know each other; rape involving dates, lovers, neighbors, co-workers, employers, and so on |
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Term
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Definition
| element in rape that the prosecution had to prove rape by the testimony of witnesses other than the victim |
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Term
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Definition
| statutes that prohibit introducing evidence of victims past sexual conduct |
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Term
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Definition
| rule rape victims have to report the rape soon after it occurs |
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Term
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Definition
| legally husbands can't rape their wives |
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Term
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Definition
| intentional sexual penetration by force without consent |
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Term
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Definition
| the act of sexual penetration |
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Term
| force and resistence rule |
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Definition
| victims had to prove to the courts they didnt consent to rape by demonstrating that they resisted the force of the rapist |
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Term
| utmost resistance standard |
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Definition
| the requirement that rape victims must use all physical strength they have to prevent penetration |
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Term
| reasonable resistance rule |
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Definition
| the amount of force required to repel rapists to show non-consent in rape prosecutions |
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Term
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Definition
| requires some force in addition to the amount needed to accomplish the penetration |
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Term
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Definition
| requires only the amount of force necessary to accomplish the penetration |
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Term
| threat of force requirement |
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Definition
| prosecution must prove a sexual assault victim feared imminent bodily harm and that the fear was reasonable |
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Term
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Definition
| when a rapist fraudulently convinces his victim that the act she consented to was something other than intercourse |
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Term
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Definition
| the fraud is in the benefits promised, not in the act |
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Term
| honest and reasonable mistake rule |
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Definition
| a negligence mental element in rape cases in which the defendant argues that he honestly, but mistakenly, believed the victim consented to sex |
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Term
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Definition
| adopted by some states in rape cases, it requires that the defendant has to be aware that there's a risk the victim hasnt consented to sexual intercourse |
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Term
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Definition
| to have carnal knowledge of a person under the age of consent whether or not accomplished by force |
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Term
| reasonable mistake of age |
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Definition
| a defense to statutory rape in california and alaska if the defendant reasonably believed his victim was over the age of consent |
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Term
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Definition
| rape without aggravated circumstances |
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Term
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Definition
| unwanted and unjustified offensive touching |
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Term
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Definition
| an attempt to commit a bettery or intentionally putting another in fear |
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Term
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Definition
| intentionally scaring another person by following, tormenting, or harrasing |
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Term
| attempted battery assault |
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Definition
| consists of having the specific intent to commit a battery and taking substantial steps towards carrying it out without actually completing the attempt |
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Term
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Definition
| sometimes called the crime of intentional scaring, it requires only that actors intend to frighten their victims, thus expanding assault beyond attempted battery |
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Term
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Definition
| not enough to satisfy the mens rea of assault because they're not immediate |
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Term
| subjective and objective fear test |
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Definition
| did the defendants acts induce fear in the victim, and would the acts cause a reasonable person to fear |
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Term
| subjective fear only test |
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Definition
| was the victim actually afraid |
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Term
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Definition
| would a reasonable person be afraid |
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Term
| intent to instill fear test |
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Definition
| did the actor intend to instill fear |
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Term
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Definition
| the use of the internet, email, or other electronic communication devices to stalk another person through threatening behavior |
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Term
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Definition
| the right to come and go without restraint |
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Term
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Definition
| taking and carrying away another perosn with intent to deprive the other person of personal liberty |
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Term
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Definition
| the carrying away of another's property |
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Term
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Definition
| the heart of the crime is depriving others of their personal liberty |
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Term
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Definition
| crimes committed through the internet or some other computer network |
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Term
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Definition
| taking and carrying away anothers proerty by force or threat of force with the intent to permanently deprive the owner of possesion |
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Term
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Definition
| taking and carrying away another persons property without the use of force wit the intent to permamently deprive its owner or possession |
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Term
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Definition
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Term
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Definition
| property that lacks a physical existence - stock, license, patents |
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Term
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Definition
| the crime of lawfully gaining possesion of someone elses property and later converting it to ones own use |
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Term
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Definition
| crimes commited by caretakers |
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Term
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Definition
| crimes growing out of oppurtunities to get someone elses property provided by the perpetrator's occupation |
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Term
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Definition
| in modern law its often called theft by deceit and it means having the specific intent to obtain property by deceit and lies |
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Term
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Definition
| obtaining someone elses property by deceit and lies |
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Term
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Definition
| the consolidated crimes of larceny, embezzlement, and false pretenses |
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Term
| consolidated theft statutes |
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Definition
| eliminates the artificial need to seperate theft into distinct offenses according to their actus reus |
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Term
| receiving stolen property |
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Definition
| benefiting from someone elses property without having participated in the wrongful acquisition in the first place |
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Term
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Definition
| misappropriation of another's property by means of threats to inflict bodily harm in the future |
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Term
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Definition
| intentionally burning a house or another structure |
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Term
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Definition
| misdemeanor of damaging or destroying other people property |
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Term
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Definition
| setting a building on fire, and the fire actually reaches the structure |
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Term
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Definition
| breaking and entering a building with intent to commit a crime inside the building |
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Term
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Definition
| the crime of invading another persons property |
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Term
| surreptitious remaining element |
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Definition
| entering a structure lawfully with the intent to commit a crime inside |
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Term
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Definition
| information and services stored in and transmited to and from electronic data banks; a rapidly develping area of property crimes |
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Term
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Definition
| stealing another persons identity for the purpose of getting something of value |
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Term
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Definition
| breaches on minimum standards of decent behavior in public |
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Term
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Definition
| behavior in public that comports with minimum community standards of civility |
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Term
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Definition
| the right of individuals to go about in public free of undue interference |
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Term
| crimes against public order |
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Definition
| crimes that harm the public peace generally - disorderly conduct |
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Term
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Definition
| crimes without complaining victims |
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Term
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Definition
| crimes against public order and morals |
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Term
| actual disorderly conduct |
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Definition
| completed disorderly conduct |
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Term
| constructive disorderly conduct |
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Definition
| acts that tend towards causing others to breach the peace |
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Term
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Definition
| ancient crime of three or more persons gathering together to commit an unlawful act |
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Term
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Definition
| three or more people moving towards the commission of a riot |
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Term
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Definition
| disorderly conduct committed by more than three persons |
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Term
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Definition
| theory that minor offenses or disorderly conduct can lead to a rise in serious crime |
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Term
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Definition
| ancient crime of poor people wandering around with no visible means of support |
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Term
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Definition
| remaining in one place with no apparent purpose |
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Term
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Definition
| a temporary order issued by a court after giving notice and holding a hearing |
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Term
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Definition
| stopping people on the street and asking them for food or money |
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Term
| time, place, and manner test |
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Definition
| three part test to determine whether a statute places legitimate limits on the first amendment right of free speech |
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Term
| injuction to abate public nuisance |
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Definition
| an action in which city attorneys ask the courts to declare gang activities and gang members public nuisances and to issue injunctions to abate their activities |
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