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Definition
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Term
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Definition
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Term
| Voluntary act - requirements |
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Definition
The actus reus must be voluntary:
A result of the actors volition, not sleepwalking, autonomic response, |
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Term
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Definition
| Crimes that have no defined mens rea. Typically light crimes like traffic offenses with light punishments. But also includes crimes of public safety like statutory rape. |
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Term
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Definition
| that a person's objective is to cause that result or to engage in that conduct. |
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Term
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Definition
| that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission. |
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Term
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Definition
| that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk. |
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Term
| ARS 13-105 - Criminal Negligence |
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Definition
| that a person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. |
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Term
| ARS 13-105 - dangerous instrument |
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Definition
| means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury. |
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Term
| ARS 13-105 - Deadly weapon |
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Definition
| anything designed for lethal use, including a firearm. |
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Term
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Definition
| means the failure to perform an act as to which a duty of performance is imposed by law. |
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Term
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Definition
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Term
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Definition
| an act or omission and its accompanying culpable mental state. |
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Term
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Definition
| a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. |
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Term
| ARS 13-105 - Physical force |
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Definition
| force used upon or directed toward the body of another person and includes confinement, but does not include deadly physical force. |
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Term
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Definition
| a voluntary act if the defendant knowingly exercised dominion or control over property. |
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Term
| ARS 13-105 - Serious physical injury |
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Definition
| includes physical injury which creates a reasonable risk of death, or which causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. |
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Term
| ARS 13-105 - Voluntary Act |
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Definition
| a bodily movement performed consciously and as a result of effort and determination. |
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Term
| ARS 13-105 - voluntary intoxication |
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Definition
| intoxication caused by the knowing use of drugs, toxic vapors or intoxicating liquors by a person, the tendency of which to cause intoxication the person knows or ought to know, unless the person introduces them pursuant to medical advice or under such duress as would afford a defense to an offense. |
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Term
ARS 13-201 - voluntary act
requirements for criminal liability |
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Definition
| is the performance by a person of conduct which includes a voluntary act or the omission to perform a duty imposed by law which the person is physically capable of performing. |
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Term
ARS 13-203
Casual relationship between conduct and result |
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Definition
A. Conduct is the cause of a result when both of the following exist:
1. But for the conduct the result in question would not have occurred.
2. The relationship between the conduct and result satisfies any additional causal requirements imposed by the statute defining the offense. |
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Term
ARS 13-501(A)
charging someone under 18 |
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Definition
A. The county shall bring criminal prosecution against a juvenile in the same manner as an adult if the juvenile is 15, 16, or 17 years of age and is accused of any of the following offenses:
1. First degree murder
2. Second degree murder
3. Forcible sexual assault
4. Armed robbery
5. Any other violent felony offense.
6. Any felony offense committed by a chronic felony offender.
7. Any offense that is properly joined to an offense listed in this subsection. |
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Term
ARS 13-501(B)
charging under 18 |
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Definition
B. Except as provided in subsection A of this section, the county may bring a criminal prosecution against a juvenile in the same manner as an adult if the juvenile is at least 14 years of age and is accused of any of the following offenses:
1. A class 1 felony.
2. A class 2 felony.
3. A class 3 felony in chapters 10-17 or 19-23
4. A class 3, 4, 5 or 6 felony involving the intentional or knowing infliction of serious physical injury or the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
5. Any felony offense committed by a chronic felony offender.
6. Any offense that is properly joined to an offense listed in this subsection. |
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Term
ARS 13-501 (G)(2)
juvenile - chronic felony offender |
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Definition
| a juvenile who has had two prior and separate adjudications and dispositions for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult. |
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Term
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Definition
| Upon a defendant's conviction for an offense causing economic loss to any person, the court, in its sole discretion, may order that all or any portion of the fine imposed be allocated as restitution to be paid by the defendant to any person who suffered an economic loss caused by the defendant's conduct. |
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Term
ARS 13-1105 A
First degree murder
condition |
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Definition
| Intending or knowing that the person's conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation |
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Term
ARS 13-1105 B
First degree murder
"while in the commission of" |
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Definition
Acting alone or with another person the person attempts or commits:
sexual conduct with a minor,
sexual assault,
molestation of a child,
terrorism,
marijuana offenses,
dangerous drug offenses,
narcotics offenses
kidnapping
burglary,
arson,
robbery,
escape,
child abuse, or
unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person. |
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Term
ARS 13-1421
Rape shield - not allowed |
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Definition
| Evidence relating to a victim's reputation for chastity and opinion evidence relating to a victim's chastity are not admissible in any prosecution for any offense in this chapter. |
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Term
ARS 13-1421
rape shield - evidence allowed to be entered |
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Definition
Evidence of specific instances of the victim's prior sexual conduct may be admitted only if a judge finds the evidence is relevant and is material to a fact in issue in the case and that the inflammatory or prejudicial nature of the evidence does not outweigh the probative value of the evidence, and if the evidence is one of the following:
1. Evidence of the victim's past sexual conduct with the defendant.
2. Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease or trauma.
3. Evidence that supports a claim that the victim has a motive in accusing the defendant of the crime.
4. Evidence offered for the purpose of impeachment when the prosecutor puts the victim's prior sexual conduct in issue.
5. Evidence of false allegations of sexual misconduct made by the victim against others. |
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Term
ARS 13-1503
Criminal Trespass |
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Definition
A. A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard.
B. Criminal trespass in the second degree is a class 2 misdemeanor. |
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Term
ARS 13-1502
3rd degree criminal trespassing |
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Definition
A. A person commits criminal trespass in the third degree by:
1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.
2(B). Criminal trespass in the third degree is a class 3 misdemeanor. |
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Term
ARS 13-1504
criminal trespassing 1st degree |
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Definition
A. A person commits criminal trespass in the first degree by knowingly:
1. Entering or remaining unlawfully in or on a residential structure.
2. Entering or remaining unlawfully in a fenced residential yard.
3. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy. |
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Term
ARS 13-1506
Burglary in 3rd Degree - nonresidential |
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Definition
A. A person commits burglary in the third degree by:
1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.
2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.
B. Burglary in the third degree is a class 4 felony. |
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Term
ARS 13-1507
Burglary 2nd degree - residential |
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Definition
A. A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.
B. Burglary in the second degree is a class 3 felony. |
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Term
ARS 13-1508
Burglary - 1st degree - weapons |
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Definition
A. A person commits burglary in the first degree if such person or an accomplice violates the provisions of either section 13-1506 or 13-1507 and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony.
B. Burglary in the first degree of a nonresidential structure or a fenced commercial or residential yard is a class 3 felony. It is a class 2 felony if committed in a residential structure. |
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Term
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Definition
| RIGHT OF ALLOCUTION - THE RIGHT FOR A DEFENDANT TO MAKE A STATEMENT BEFORE SENTENCING. DEFENDANTS CAN MAKE THAT STATEMENT, OR IF THE DEFENDANT CHANGES THEIR PLEA, THEY MIGHT BE REQUIRED TO MAKE A STATEMENT OF ALLOCUTION. |
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Term
| Imperfect Defense - murder |
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Definition
D commits an offense but does so with the honest belief that it was within a legal defense, primarily self-defense.
If a complete defense is imperfectly established, everything except reasonableness, then the crime is mitigated to voluntary manslaughter. |
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Term
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Definition
| instant - proof of reflection is not necessary |
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Term
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Definition
murder while in the commission of a felony act.
Act continues as "one single transaction" - People v. Portillo
Until a place of safety |
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Term
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Definition
| When a single person believes that he is agreeing with another person to commit a criminal act. |
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Term
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Definition
| An agreement between 2 or more people to commit an unlawful act. |
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Term
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Definition
| Unintentional murder while committing a crime that is deemed intentional when it is proven that the D had the intent to commit the crime. The intent is transferred to the murder. |
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Term
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Definition
| Once overruled, a judge may permit counsel to present an offer of proof -without the jury present- to show what he was going to try to prove. It may serve to overturn the overruling and leave a possible appeal. |
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Term
| Rape victim sexual history is permitted when? |
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Definition
to rebut or explain medical or scientific evidence;
prove or explain the source of semen;
to prove consent if the evidence forms a pattern of distinctive behavior |
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Term
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Definition
| reasonable people would disagree as to the prohibited act, or mens rea |
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Term
| Rationale of rape shield laws |
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Definition
| balances society's interest in prosecuting offenders by excluding V's sexual history while protecting D's right to fair trial. |
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Term
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Definition
| Any identifiable set of circumstances that may prevent conviction for a crime. Crime happened, but D will not be convicted. |
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Term
| Justification defense - legal |
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Definition
| things like double jeopardy or delays. legal causes for a D not face conviction. |
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Term
| justification Defense - factual |
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Definition
cases where a jury will determine the value of the circumstances that prevent conviction.
Ex: Self-defense |
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Term
| justification defense - rationale |
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Definition
the evil of the act is outweighed by the need to avoid even greater harm or promote a greater societal interest.
Ex: self defense - use of force usually not allowed is allowable to protect a member of society. |
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Term
| self defense rules (general) |
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Definition
1. Action against D must be unlawful in nature and must be physical and threatening.
2. words are not provocation. must be actions where D felt threatened enough to use the force.
3. D's belief must be reasonable. His reaction must be in line with that reasoning. Not an over-reaction.
5. Jury must look at this from D's point of view with his experiences (as best they can). |
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Term
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Definition
| common law approach to self defense, that D must have retreated "to the wall" before retaliating. NOT IN THEIR OWN CASTLE. |
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Term
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Definition
| gives a person the legal right to use deadly force to defend that place (his/her "castle"), and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine. |
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Definition
| defined as anyone in a house or residence legally. babysitter or guests don't have to justify their use of force. |
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Term
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Definition
duress is an excuse if your life or body are at risk. does not extend to property or reputation.
NOT A DEFENSE FOR MURDER IN ARIZONA.
ACTOR CANNOT PUT HIMSELF IN THE SPOT THAT FORCES THE DURESS. |
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Term
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Definition
Insanity - did the person know that he was doing right or wrong at the time of the act? If not, it's not a crime.
Burden is on the Defense to prove that they didn't know. |
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Term
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Definition
| Reasons why a person is not deemed to be culpable - insanity, infancy, |
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Term
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Definition
Insanity defense - not really used.
"was the actor driven by an irresistible impulse? to commit the act? |
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Term
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Definition
Insanity - was the act the result of mental disease or defect?
ended because too many times the psychologists would lie or not provide any real proof of a disease
Problems with causation also. |
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Term
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Definition
| not responsible if, at the time of an act that is the result of mental disease or defect, the actor lacks capacity to appreciate the wrongfulness or conform his actions to the requirements of the law. |
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Term
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Definition
| insane person won't be sent to prison, but to treatment which can go longer than what they would have faced if they had been sane and gone to prison. NOT A CONSTITUTIONAL VIOLATION. |
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Term
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Definition
| A sliding scale rule adopted to assign varying levels of criminal culpability to minors. |
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Term
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Definition
carrying away of something - larceny
NOT AN ELEMENT IN ARIZONA's theft law |
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Term
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Definition
a trespassory element and asportation element
the taking of something with the intent to permanently deprive the owner of it. |
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Term
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Definition
larceny - converting someone else's property when you have been entrusted with it by legal, but temporary, custody.
The owner retains constructive possession. |
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Term
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Definition
| a cause that is independent, intervening, and unforseeable. |
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Term
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Definition
offenses that are complete without a "crime" solicitation, attempt, conspiracy |
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Term
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Definition
enticing another to commit a felony or misdemeanor against the public; with the specific intent that the one solicited commits the crime. |
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