Term
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Definition
| a behavior that we, as a soceity, think will cause substantial harm |
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Term
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Definition
the government prosecute
society is viewed as a victim
state holds the right to prosecute with or without the victim(s) |
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Term
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Definition
the people prosecute
disputes which are essentially between private entities
harm to society is not as great
most often deals with assessing proper payment or division of money |
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Term
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Definition
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Term
| who decisdes when the line is crossed? |
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Definition
| first we (society) give the government authority to define what behavior will be a crime |
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Term
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Definition
| judges, lawmakers, etc decides whether or not a behavior is criminal and how to deal with the behavior - making it into statues |
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Term
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Definition
law
issue
rule
application
analysis
conclusion |
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Term
| In the US, crime is mainly defined by? |
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Definition
Limits
- democracy
- US and State Constitutions |
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Term
| Basic Elements of Criminal Liability |
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Definition
Criminal Act - Actus Reus
Criminal Intent - Mens Rea
Special Circumstance (speeding) |
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Term
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Definition
Justifications - justify in committing a crime - self defense
Excuses - insanity
Alibis |
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Term
| What behavior should be a crime? |
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Definition
| generally, society criminalize conduct that causes or threatens substantial harm to an individual or to societal interests without justification or excuse |
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Term
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Definition
felony = crime which the punishment is a year or more
misdemeanor = crime which the punishment is less than a year or only a fine |
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Term
| Mala In Se vs Mala Prohibita |
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Definition
Bad withing itself vs bad because it's prohibited
mala in se - rape, murder, theft
mala prohibita - traffic offenses, not paying taxes |
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Term
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Definition
value because people hold it as value
minority needs it because it enables equal rights |
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Term
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Definition
limits are placed on the power of the majority
we are a nation ruled by law, not by men
constitutional rights were established to protect minority views |
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Term
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Definition
due process
prohibition against ex post facto laws
prohibition against vague laws
right to equal protection of the law
bill of rights |
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Term
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Definition
voluntary or involuntary:
- actions
- induced (conditions)
- omissions (fail to do the right thing)
possession
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Term
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Definition
public intoxication
- punish for the condition of being drunk |
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Term
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Definition
actual possession - acutal physical control
constructive possession - ability to control |
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Term
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Definition
Criminal mind/intent
general
specific
transferred
constructive |
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Term
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Definition
| result occurs to unintended victim |
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Term
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Definition
law allows knowledge/intent that one is engaging in a dangerous act to be used as the mental state associated with a result
ex: armed robbery => death = murder |
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