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Law Flashcards Ch. 8, 9, 10
These are some online flashcards you can use to study for your upcoming test
48
Law
10th Grade
03/19/2013

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Term
Guilty state of mind
Definition
The crime committed was done on purpose
Term
Strict liability offense
Definition
Does not require a guilty state of mind
However much the guilty person knows (or doesn't know), it doesn't matter
Examples: Statutory rape, selling alcohol to a minor
Term
Statutory Rape
Definition
Having sexual intercourse with a minor
Or if both are minors
Doesn't matter if the person charged didn't know the younger person's age
Term
Elements
Definition
The parts of a crime that make it was it is
Example: Stealing money by force versus not by force
Term
Felony
Definition
Imprisonment of over a year will result
Term
Misdemeanor
Definition
Penalty of one year or less will result
Term
Principal
Definition
The person who directly commits the crime
Term
Accomplice
Definition
Someone who helps the principal commit the crime
Term
Accessory before the fact
Definition
Someone who helps the crime be committed before it actually happens - planning, etc.
Can receive the same sentence and charge
Term
Accessory after the fact
Definition
Someone who helps the principal or accomplice after the crime has been committed already
Won't be charged with the same crime, BUT could be charged with harboring a fugitive, aiding the escape, or obstructing justice
Term
Crime of omission
Definition
If someone is able to perform an act required by criminal law but does not do so
Example: Failing to pay taxes
Term
Preliminary Crimes
Definition
Behavior that takes place before a crime is committed
Includes solicitation, attempt, conspiracy
Term
Solicitation
Definition
The crime of trying to convince someone else to help commit a crime
If the act would be illegal, this is a crime
Example: A prostitute soliciting someone to give him/her business (which is illegal)
Term
Attempt
Definition
All the elements of a crime are in place, the crime has been planned, and someone tries to commit a crime but fails
Despite the failure, an attempt was made - this is illegal
Term
Conspiracy
Definition
Two or more people planning to commit a crime
Term
Homicide
Definition
The killing of one person by another
Term
Malice
Definition
Intent to kill or seriously harm
Term
First-degree murder
Definition
Murder that is premeditated
Thinking about and planning the murder before it occurs
Term
Second-degree murder
Definition
Killing someone without planning to do so earlier
"In the heat of the moment"
Term
Felony Murder
Definition
Murder that occurs in addition to a felony, like arson, burglary, or rape (to name three examples of many)
Even if the murder itself was unplanned, this is often counted as first-degree still, because a felony has already been planned and carried out
Term
Involuntary Manslaughter
Definition
No intent to kill
Reckless behavior often leads to this
Example: Playing with a loaded gun
Term
Negligent homicide
Definition
Causing death by failing to use a reasonable amount of care
Example: Vehicular homicide
Term
Suicide
Definition
Deliberate taking of one's own life
NOT a crime - was once considered one
Term
Kidnapping
Definition
Taking someone away without that person's consent
Term
Assault
Definition
Threatening to carry out a physical attack against someone
Term
Battery
Definition
Unlawful physical contact carried out without the victim's consent
Injury not necessary - intent is
Term
Stalking
Definition
When someone repeatedly follows or harasses someone else
Necessary elements: Threats that make someone fear death or injury
Term
Bullying
Definition
When acquaintances put each other in fear
Term
Sexual Assault
Definition
Can include many things: Rape, attempted rape, unwanted sexual contact, sexual threats
Can be sexual assault if attempted or completed
Term
Rape
Definition
Sexual intercourse without consent
Term
Acquaintance Rape
Definition
Also called date rape
Rape committed by someone the victim knows well - a boyfriend, girlfriend, friend, classmate, etc.
Term
Arson
Definition
Burning down a property on purpose and with malice
Can be somewhere the arsonist owns or not
Term
Vandalism
Definition
Damaging or destroying someone else's property on purpose
Examples: TP-ing a house, egging someone's car
Term
Larceny
Definition
Unlawful taking and carrying away of property of someone against that person's will
Intent to deprive that person of their property permanently
Term
Shoplifting
Definition
Taking items from a store without intending to pay for them
A form of larceny
Term
Concealment
Definition
A crime in some states
Attempted shoplifting
Term
Embezzlement
Definition
Taking property when the person taking it was entrusted with it
Example: Organization treasurer secretly stealing organization's money to buy Cubs tickets
Term
Robbery
Definition
A crime against a person and against property
Taking someone's property by force or intimidation
Elements: Theft of property AND attempted or actual harm
Term
Extortion
Definition
Known sometimes as blackmail
Using threats to gain someone else's property
Term
Burglary
Definition
Unauthorized entry anywhere with the intent to commit a felony in that place
Term
Forgery
Definition
Alters or makes fake writing/document
Intent to defraud
Example: Faking someone's signature to get their money
Term
Uttering
Definition
Offering someone a forged document even though it is known to be fake
Term
Receiving stolen property
Definition
Receiving or buying property that you know OR have a reasonable suspicion is stolen
Term
Unauthorized use of a vehicle
Definition
Taking someone's car without his/her consent
Doing this for a temporary period
Term
Carjacking
Definition
Stealing a car with the use of force
(Car + hijacking = carjacking. Doesn't that make sense?)
Term
Computer crime (cybercrime)
Definition
Includes MANY things
One example: Illegally downloading anything
Another: Plagiarizing Internet material
Term
Identity Theft
Definition
Stealing someone's personal information, such as a credit card (or its number/info), a Social Security number, an ATM PIN number
This is then used to steal from the person whose identity is being stolen
Term
Motive
Definition
The reason for committing a crime
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