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Criminal Law Flashcards

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Criminal Law

44 flashcards

A criminal act (actus reus) is a voluntary action or omission that, along with a guilty mind (mens rea), constitutes a criminal offense.
Mens rea refers to the guilty mind or criminal intent required to commit a crime. It is the mental element that must accompany the criminal act.
General intent crimes only require that the defendant intended to do the act that caused the criminal consequence. Specific intent crimes require not only that the defendant intended the act, but also that they intended a particular prohibited consequence.
The concurrence principle states that for criminal liability, both the actus reus (criminal act) and mens rea (guilty mind) must occur at the same time.
Strict liability crimes do not require a mens rea element. The defendant can be convicted simply for committing the prohibited act, regardless of intent.
The insanity defense exempts a defendant from criminal responsibility if, at the time of the crime, the defendant had a severe mental disease or defect that prevented them from understanding the nature of their criminal conduct or from being able to conform their behavior to the law's requirements.
Self-defense justifies the use of force to protect oneself from an aggressor's threat of unlawful force, as long as the defensive force used is reasonable and proportional.
Justification defenses, like self-defense, claim that the defendant's conduct was legally permissible. Excuse defenses, like insanity, admit the conduct was wrong but argue the defendant should not be held criminally liable.
The elements of murder are: (1) the unlawful killing (2) of a human being (3) with malice aforethought.
The felony-murder rule holds that if a death occurs during the commission of a dangerous felony, the person committing the felony can be charged with murder, even if they did not intend to kill.
Larceny is the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession.
The elements of burglary are: (1) breaking and entering (2) of a dwelling or structure (3) belonging to another (4) with the intent to commit a felony therein.
Robbery is the unlawful taking of property from another person or entity, using force or the threat of force.
Rape is the unlawful sexual intercourse or other sexual penetration with another person without their consent, often through force or the threat of force.
Kidnapping is the unlawful confinement or transportation of a person against their will.
Arson is the malicious and intentional burning of the dwelling or property of another person.
Terroristic threats involve threatening to commit a violent crime with the intent to terrorize another person or the public.
Perjury is the willful giving of false testimony under oath in judicial proceedings.
Blackmail/extortion is the crime of obtaining money, property, or services from someone else through coercion, force, or threats.
Attempt refers to the crime of taking substantial steps toward completing a criminal offense, even if the offense is not actually completed.
Conspiracy is an agreement between two or more persons to engage jointly in an unlawful act. In some cases, the agreement itself can be punishable even if the planned crime is not actually carried out.
Accomplice liability rules impose criminal liability on those who intentionally aid, assist, encourage, facilitate, or solicit another person in the commission of a crime.
The rule of lenity requires that ambiguous criminal laws be interpreted in favor of the defendant and against the imposition of harsher punishment.
Entrapment is a defense in which the defendant claims that they only committed the crime because they were improperly induced or enticed by the government.
The castle doctrine permits the use of deadly force against an intruder in one's home without any duty to retreat, based on the idea that a person has no obligation to retreat from their home when faced with an unlawful intruder.
Voluntary manslaughter is an intentional killing that occurs in the heat of passion due to adequate provocation that would cause a reasonable person to lose self-control.
Involuntary manslaughter is an unintentional killing caused by criminal negligence or during the commission of a non-felony unlawful act.
Hate crimes are criminal offenses motivated by bias or hostility toward the victim's actual or perceived race, religion, national origin, ethnicity, gender, sexual orientation, or disability.
Bribery is the offering, giving, soliciting, or receiving of any undue reward to or by a person in a position of trust to induce or influence them to act against the interests of the person they are bound to serve.
Forgery is the making, altering, using, or transferring of a false writing or document with the intent to defraud or deceive.
Racketeering refers to the operation of an illegal business or scheme perpetrated by an organized crime group, such as through extortion, money laundering, bribery, or other illegal activities.
Embezzlement is the fraudulent appropriation of property or funds legally entrusted to someone's care but actually owned by someone else.
Fraud is an intentional deception made for personal gain or to damage another individual, involving dishonest conduct such as misrepresentation, concealment of truth, or breach of trust and duty.
Money laundering is the process of concealing the source of money obtained through illicit activities by making it appear to have derived from legitimate sources or activities.
RICO (Racketeer Influenced and Corrupt Organizations) laws prohibit the investment of racketeering income into legitimate businesses, acquisition of legitimate businesses through racketeering, conducting the affairs of a business through a pattern of racketeering activity, or conspiring to do any of these activities.
Mail fraud involves using the U.S. Postal Service or private delivery services to obtain money or property through misrepresentations or fraudulent schemes.
Wire fraud refers to using telecommunications or computer systems such as telephone, email, or internet to obtain money or property through misrepresentations or fraudulent schemes.
Tax evasion is the illegal practice of not paying true tax liabilities by intentionally failing to declare income, overstating deductions, or employing other unlawful methods to reduce tax obligations.
Insider trading is the illegal trading of securities based on material nonpublic information about the security or issuing company.
Counterfeiting is the illegal replication or imitation of documents such as currency, stamps, bonds, or other securities with the intent to defraud or deceive.
Harassment and stalking involve engaging in a course of conduct directed at a specific person that would cause a reasonable person to feel alarmed, annoyed, frightened, or tormented.
Assault is the intentional creation of reasonable apprehension or fear of immediate harmful or offensive contact in the mind of another person.
Battery is the unlawful application of force to the person of another, resulting in offensive contact or bodily harm.
The Castle Doctrine is a defense that permits the use of force, including deadly force, against an intruder in one's home or business without any duty to retreat first.