Term
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Definition
| Natural force causes you to commit crime that is lesser of two evils. (Crimes survivors of Hurricane Katrina faced) |
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Term
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Definition
FORCED PARTICIPATION IN A CRIME (THE PATTY HEARST) THIS MAY NEGATE THE INTENT INHERENT IN CRIMINAL ACTS.
IT IS A QUESTION FOR THE JURY. |
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Term
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Definition
If the criminal act originated in the mind of the police an the actor was lured or induced to commit the crime that the actor and not otherwise intended to commit
Proven by Preponderance of the Evidence |
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Term
| Test for Diminished Capacity: |
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Definition
CAN’T FORM THE REQUIRED MENTAL INTENT TO BE FOUND CULPABLE FOR THE CRIME.
DELUSIONS, DRUGS OR ALCOHOL ALL MAY AFFECT SOMEONE, AND MAKE IT DIFFICULT TO ACT INTENTIONALLY.
BEING DRUNK IS NOT A DEFENSE UNLESS YOU CAN SHOW IT MEETS BURDEN OF DIMINISHED CAPACITY |
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Term
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Definition
Defendant is not criminally liable if because of mental disease or defect, the defendant lacked the capacity to know or appreciate:
The nature and consequences of his act or that he was unable to tell right from wrong |
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Term
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Definition
- GENUINE AND REASONABLE FEAR (SUBJECTIVE – FROM THE DEFENDANT’S PONIT OF VIEW, BASED UPON WHAT HE KNEW AT THE TIME OF THE EVENT)
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- OF IMMINENT DANGER (ONCE DANGER PASSES, CAN’T ACT; CAN’T RETALIATE.)
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- OF GREAT BODILY HARM
MAY ONLY USE PROPORTIONATE FORCE (CAN’T USE MORE THAN NECESSARY) (OBJECTIVE STANDARD)
ADDITIONAL RULES:
NO OBLIGATION TO RETREAT AT HOME
NO DEADLY FORCE MAY BE USED TO PROTECT PROPERTY
SOME STATES CHANGING RULES TO ALLOW DEADLY FORCE AGAINST ANYONE UNLAWFULLY ENTERING YOUR HOME
EXAMPLE: JAPANESE EXCHANGE STUDENT. |
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Term
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Definition
| Not just sales, you could just pass a bong and get Delivery. If to minors, or at a school, or on a school bus more than 6 months |
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Term
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Definition
| Everything except less than 40 grams of weed is a FELONY |
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Term
| Test for Malicious Harassment (Hate Crimes): |
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Definition
Assaulting somebody b/c of Race, Ethnicity or sexual orientation.
REQUIRES proof of Motive |
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Term
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Definition
ONLY ASSAULT THAT”S A MISDEMEANOR
Harmful or offensive touching |
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Term
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Definition
Assault of Police Officer OR Bus Driver
With Criminal Negligence that causes bodily harm |
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Term
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Definition
Serous Bodily Injury
OR w/intent to commit a felony
OR w/ a deadly weapon – deadly weapon can be a broad definition |
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Term
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Definition
Great Bodily Injury – permanent loss of a bodily function
OR with a firearm
OR by poison |
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Term
| Test for Communicating with a Minor for Immoral Purposes: |
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Definition
Must be of a Sexual Nature
Immoral Purposes
Knows the person to be a minor
GROSS MISDEMEANOR
FELONY FOR INTERNET COMMUNICATION |
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Term
| Test for Child Molestation: |
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Definition
Same Age Formula as ROC
Sexual Contact without Intercourse |
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Term
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Definition
Must be a substantial step towards Rape of Child
Does NOT have to be a real child
eg. To Catch a Predator |
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Term
| Test for Rape of Child 3: |
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Definition
| Victim greater than 14 and defendant more than 48 months older |
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Term
| Test for Rape of Child 2: |
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Definition
| Victim between 12 and 14 and Defendant more than 36 months older than Victim |
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Term
| Test for Rape of Child 1: |
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Definition
Victim Less than 12
Defendant Greater than 24 Months Older than Victim |
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Term
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Definition
1. No Consent: to consent a victim must clearly indicate lack of consent by words or conduct
2. Does not apply to husband and wife |
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