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conduct prohibited by law and punishable by fine and/or imprisonment.
a person against whom a crime has been committed .
the one alleged to have committed the crime and who may be charged with the criminal behavior.
may refer to a specific address or territory where the offense occurred.
location determines the _____________.
Three factors are necessary for a crime to be committed...put in alphabetical order.
You must also establish _____________ that a suspect is guilty of each element in order to charge him or her criminally.
Once a suspect is charged, the ____________ is on the prosecution to prove that the defendant is guilty .
prosecution is to prove that the defendant is guilty of each element of the crime charged _______________.
To convict a suspect in court, the prosecutor must show two things.... (put in alphabetical order).
persons to be charged with an offense if they intentionally aided or conspired with another in committing a crimeeven if they themselves did not actually commit the crime.
Intent, also referred to as ___________.
Mens Rea, also referred to as .
state of mind that establishes criminal liability.
offender is knowledgeable of the criminal aspects of the behavior, that it is wrong and punishable, and that he or she willingly engaged in the criminal behavior.
person creates an unreasonable and substantial risk of death or great bodily harm to another human being and the person is aware of that risk. They have a conscious and willful disregard of the potential consequences of one's behavior.
the person should have known that the behavior would create substantial risk of death or great bodily harm to another.
Offender intended to commit the crime. Offenders actions met the elements of the crime. Actions unequivocally demonstrate that offender would have committed crime except for another persons intervention or extraneous factor.
whoever with intent that felony be committed, advises another to commit that crime under circumstances that clearly indicate that he or she has the intent .
whoever with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime .
the defendant acted in the honest and reasonable belief that another person was about to suffer an unlawful interference by the person he or she assaulted. It only need be proven that the person protected was being unjustly attacked and had the right of self-defense. .
person may threaten or intentionally use force against another to prevent or terminate what the person believes to be an unlawful interference with the persons property.
involuntarily produced and renders (makes) the person incapable of distinguishing between right and wrong in regard to the alleged criminal act at the time the act is committed. Denies the existence of a state of mind essential to the crime
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an honest error whether of fact or of law other than criminal law, is a defense if it denies the existence of a state or mind essential to the crime.
what are the criminal mental states (in alphabetical order).
what are the inchoate crimes (in alphabetical order).
pressure of natural physical forces which causes the actor reasonably to believe that his or her act is the only means of preventing imminent public disaster, or imminent death or great bodily harm to the actor or another and which causes him or her so to act .
Convicted of a misdemeanor on 3 separate occasions in 5 years or Convicted again for an at least 5 year prison sentence.
the criminal commits another act of criminal activity and that act constitutes the commission of a crime 72 hours after getting arrested for committing a crime of the same criminal activity.
person commits a crime while possessing, using or threatening to use a certain object.
person commits a violent crime in a certain area (1,000 feet of premises).
Offender committed a crime. Offender selected the victim in whole or in part because of the offender's belief or perception regarding the race, or religion, etc. of the person.
how many years does prosecution have for felonies.
how many years does prosecution have for misdemeanors or adultry.
how many years does prosecution have for oFirst-Degree Intentional Homicide, First-Degree Reckless Homicide, Felony Murder, Second-Degree Intentional Homicide, First-Degree Sexual Assault of a Child, or Engaging in Repeated Acts of Sexual Assault of the Same Child .
how many years does prosecution have for Second-Degree Reckless Homicide .
how many years does prosecution have for Theft against one who obtained possession of the property lawfully and subsequently (later) misappropriated (stole) it by NOT being a felony .
how many years does prosecution have for Theft against one who obtained possession of the property lawfully and subsequently (later) misappropriated (stole) it by BEING a felony .
how many years does prosecution have for Second-Degree Sexual Assault of a Child, Engaging in Repeated Acts of Sexual Assault of the Same Child, Intentional Causation of Bodily Harm Against a Child That Causes Great Bodily Harm, Sexual Exploitation of a Child, Incest With a Child, Child Enticement (Causing the Child to Engage in Prostitution, Exposing a Sex Organ, Recording the Child Engaging in Sexually Explicit Conduct), Use of a Computer to Facilitate a Child Sex Crime, Soliciting a Child for Prostitution, Sexual Assault of a Child Placed in Substitute Care, Sexual Assault of a Child by a School Staff Person or a Person Who Works or Volunteers With Children .
how many years does prosecution have for Intentional Causation of Bodily Harm Against a Child That Causes Bodily Harm, Reckless Causation of Bodily Harm Against a Child, Failing to Act to Prevent Bodily Harm Against a Child, Causing Mental Harm to a Child, Child Enticement (Causing Bodily or Mental Harm to the Child, Giving or Selling to the Child a Controlled Substance) .
how many years does prosecution have for Trafficking of a Child .
whoever causes the death of another human being with intent to kill that person or another (state can prove beyond a reasonable doubt and no mitigating circumstances).
whoever causes the death of another human being under the circumstances which show utter disregard for human life. The criminal created an unreasonable and substantial risk of death or great bodily harm to another human being and they were aware of that risk.
whoever causes the death of another human being while committing or attempting to commit a crime (sexual assault, arson, armed robbery, & burglary).
Intentionally causing death of another human being with intent to kill that person or another but the state cannot prove beyond a reasonable doubt that the killing was not motivated by (provocation, unnecessary and unreasonable defensive force, unnecessary and unreasonable belief of prevention of felony, coercion).
Offender caused bodily harm
Offender intended to cause bodily harm
Victim did not consent
Offender knew victim did not consent .
Offender caused substantial bodily harm or great bodily harm
Offender intended to cause bodily harm to victim or to another person
OR
Offender's conduct created a substantial risk of great bodily harm
Offender knew conduct created a substantial risk of great bodily harm
.
-whoever has sexual contact or sexual intercourse with another person without consent of that person and causes pregnancy or great bodily harm to that person
-whoever has sexual contact or sexual intercourse with another person without consent of that person by use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous weapon
-whoever is aided or abetted by one or more other persons and has sexual contact or sexual intercourse with another person without consent of that person by use or threat of force or violence
.
-Sexual intercourse or sexual contact.
-Under 13 Years of Age
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-Sexual Intercourse or Sexual Contact
-With a Person Who Is At Least 13 But Not Yet 16 Years Of Age
.
-Being a person responsible for the welfare of a child who has not attained the age of 16 years
-And having knowledge that another person intends to have, is having or has had sexual intercourse or sexual contact with a child
-And is physically and emotionally capable of taking action which will prevent the intercourse or contact from taking place
-Or being repeated
-And fails to take that action and the failure to act exposes the child to unreasonable risks that intercourse or contact may occur between the child and the other person
-Or facilitates the intercourse or contact that does occur between the child and the other person
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Any physical injury
Injury inflicted on a child
Injury inflicted on child intentionally
.
Any physical injury
Injury inflicted on a child
Reckless causation of injury
.
Caretaker or caregiver is aware of another is causing or intends to cause injury to a child
Caretaker or caregiver is able to intervene and prevent injury to child
Caretaker or caregiver fails to take action to prevent injury or risk of injury
.
-Whoever, while possessing a dangerous weapon and by the use of, or the threat of the use of, force or the weapon against another, intentionally takes any vehicle without owners consent
-Whoever intentionally takes and drives any vehicle without the owners consent
-Whoever intentionally drives or operates any vehicle without the owners consent
-Whoever intentionally removes parts of a vehicle without the owners consent
.
whoever, with intent to steal, takes property from the person or presence of the owner by
-using force against the person of the owner with intent thereby to overcome his or her physical resistance or physical power of resistance to the taking or carrying way of the property
-OR
-threatening the imminent (upcoming) use of force against the person of the owner or of another who is present with intent thereby to compel (force) the owner to acquiesce (go along with) in the taking or carrying away of the property
.
-Offender intentionally altered the indicated price or value of, took and carried away, transferred, concealed, or retained possession of property.
-The property was merchandise held for resale by merchant.
-The offender knew that the property was merchandise held for resale by merchant.
-The merchant did not consent.
-Offender knew the merchant did not consent
.
-Offender caused damage to physical property. Note: damage can be anything from mere defacement of the property to total destruction.
-Offender intentionally caused the damage.
-The property belonged to another person.
-Offender caused damage without the consent of owner.
-Offender knew that property belonged to another and that person did not consent.
.
-Offender intentionally entered a building.
-Entry was without the consent of a person in lawful possession of the building.
-Offender knew that the entry was without the owners consent.
-Offender entered building with intent to steal. Note: The intent must be formed before the entry is made.
.
-Whoever intentionally takes, uses, and keeps movable property of another person without their consent. They permanently deprive the owner of their property that they possess
-whoever is employed by some type of business or office that intentionally, without consent, uses someone elses financial information or finances for their own benefit
-whoever refuses to hand over any form of money to the person that is supposed to receive it with intent to use it for their own benefit
-whoever intentionally takes, without consent, a piece of movable property that has legal interest
-whoever gets a title of property from another person with intentions to deceive them by falsely representing the property. They intend to cheat the person who they made the deal with
-whoever fails to return personal property that they have under a written lease or rental agreement that has expired
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-In a public or private place
-Offender engaged in violent, abusive, indecent, profane, boisterous, or unreasonably loud act
-Offender's acts, under the circumstances as they then existed, tended to cause or provoke a disturbance.
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what are the citations that can't be used as misdemeanors (in alphabetical order).
a crime punishable by imprisonment of more than one year.
every other crime other than a felony which has a maximum of one year in jail and may include fines.
a law passed by a municipal government. Penalty is a forfeiture.
Predominant (biggest) legal system of the civilized world CIVIL LAW CRIMINAL LAW COMMON LAW .
Developed by the rulers and imposed (forced) on the people CIVIL LAW CRIMINAL LAW COMMON LAW .
It is a private wrong CIVIL LAW CRIMINAL LAW COMMON LAW .
Action instituted by the wronged individual CIVIL LAW CRIMINAL LAW COMMON LAW .
Normally ordered to pay damages to the injured party CIVIL LAW CRIMINAL LAW COMMON LAW .
No set amount of monetary damages CIVIL LAW CRIMINAL LAW COMMON LAW .
Attempts to control human behavior CIVIL LAW CRIMINAL LAW COMMON LAW .
Seeks to sanction (authorize) uncontrolled behavior by punishing the law violator CIVIL LAW CRIMINAL LAW COMMON LAW .
is an offspring of personal vendetta (revenge) CIVIL LAW CRIMINAL LAW COMMON LAW .
It is a public wrong CIVIL LAW CRIMINAL LAW COMMON LAW .
Prosecuted by the state in its own name CIVIL LAW CRIMINAL LAW COMMON LAW .
Punished by fine, imprisonment, or death CIVIL LAW CRIMINAL LAW COMMON LAW .
Punishment prescribed CIVIL LAW CRIMINAL LAW COMMON LAW .
Prevalent in England, its dominions, and North America CIVIL LAW CRIMINAL LAW COMMON LAW .
Developed by the people and was imposed (forced) on the rulers of the country CIVIL LAW CRIMINAL LAW COMMON LAW .
Punishment may take one of three forms (Fine, Imprisonment, Death)
CIVIL LAW CRIMINAL LAW COMMON LAW .
Punishment may take one of three forms (put all three alphabetically).
Heroin, Marijuana, LSD
High potential for abuse
No currently accepted medical use in the US
Lack of accepted safety for use under medical supervision
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Morphine, Cocaine, Methamphetamine
High potential for abuse
Currently accepted medical use
Abuse may lead to severe psychological or physical dependence
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Amphetamine, Barbiturates, PCP
Potential for abuse less than schedules I and II
Currently accepted medical use
Abuse may lead to moderate physical or high psychological dependence
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Xanax, products with small amounts of codeine
Low potential for abuse relative to schedule III
Currently accepted medical use
Abuse may lead to limited physical or psychological dependence
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