Criminal law Final

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haitianwifey
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211020
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Criminal law Final
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2013-05-05 16:09:21
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Criminal law Final
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Criminal law Final
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  1. Term for self defense in Florida
    Justifiable use of deadly force
  2. Deadly force
    Force likely to cause death or great bodily harm
  3. The use of deadly force is justifiable only if the defendant
    Believes that the force is necessary to prevent imminent death or great bodily harm
  4. The use of deadly force is justifiable by the defendant while resisting
    • -Another's attempt to murder him/her
    • -Any attempt to commit applicable felony upon him/her
    • -Any attempt to commit applicable felony upon or in any dwelling, residence or vehicle occupied by him/her
  5. A person is justified in using deadly force if he/she reasonably believes that such force is necessary to prevent
    • -Imminent death or great bodily harm to himself or another
    • -The imminent commission of applicable forcible felony against himself or another
  6. The use of deadly force is not justifiable if you find
    • -The defendant was attempting to commit, committing or escaping after the commission of applicable forcible felony
    • -The defendant initially provoked the use of force against himself
  7. No duty to retreat
    If the defendant was not engaged in an unlawful activity and was attacked in any place where he had a right to be, he had no duty to retreat and had the right to stand his ground and meet with force including deadly force if he reasonably believed that it was necessary to do so to prevent death to himself or to prevent the commission of a forcible felony
  8. What are the key points in determining the lawfulness of force in self-defense
    • Unlawfulness
    • Necessity
    • Reasonableness
  9. Good Samaritan laws
    Laws that encourage people to come to the aid of another
  10. Castle doctrine
    Permits people who have been assaulted in their homes by a trespasser to stand their ground and use such force necessary and reasonable to defend themselves
  11. "Make my day" rules
    Puts no limits on the use of deadly force by the occupant of a dwelling in response to a trespasser
  12. Force in self-defense or in the defense of another person cannot be used under the following circumstances
    • The force is not immediately necessary
    • The amount of force is unreasonable
    • The other person's actions are lawful
    • The force used cannot be based on a fear that another person means to do harm sometime in the future if there is no immediate fear or harm
  13. The officer may use only such force as is reasonably believed necessary to
    • Detain the offender, make the arrest and conduct lawful searches
    • Overcome any resistance by the offender
    • Prevent an escape and retake the person if an escape occurs
    • Protect the officer, others and the prisoner if necessary
  14. Tennessee v Garner
    Edward Garner was shot and killed after trying to escape from a police officer
  15. Situations where deadly force cannot be used
    • To make an arrest or to prevent the escape of a person who has committed a misdemeanor
    • On mere suspicion
  16. What percentage of parents fell into the red zone of discipline
    4-7%
  17. When is deadly force okay to use when apprehending a criminal
    • Never for misdemeanor
    • Can be used when officers have probable cause to believe a felony has occured
  18. What force can be used in the defense of property
    • Non deadly force can be used to prevent the commission of larceny
    • Deadly force is forbidden in the defense of property
  19. Homicide
    The killing of one human being by another
  20. What are the three types of homicides
    • Justifiable
    • Excusable
    • Criminal
  21. What does corpus delicti mean
    • The body of the crime
    • Proof that the crime was committed
  22. People v Lipsky
    The defendant confessed to killing a prostitute in NY and even tho another victim's body wasn't found he wrote a poem saying he killed somebody else
  23. Corpus delicti cannot be proven if
    there is no body found
  24. If there is no body found how can corpus delicti be proven
    By circumstantial evidence
  25. Court and state legislative bodies followed the medical profession is defining death as being
    Brain dead: Irreversible cessation of the victims total brain function
  26. To decision to pull the plug should be made only when the following can be shown
    • Terminally ill patients who are mentally competent can instruct that treatment be withdrawn
    • Life support treatment may be withheld from patients who are comatose if
    • a. The patient left a living will
    • b. Leaving a medical power of attorney
    • c. Evidence that withdrawal of treatment was the patient's own wishes
  27. Second degree murder is also called
    Depraved mind or Depraved heart murder
  28. To prove the crime of second degree murder the state must prove what three elements
    • 1. That victim is dead
    • 2. The death was caused by a criminal act
    • 3. There was an unlawful killing by an act imminently dangerous to another and demonstrating a depraved mind
  29. An act imminently dangerous to another and demonstrating a depraved mind must prove it is an act
    • 1.that a person of ordinary judgement would know is reasonably certain to kill or do serious bodily injury to another
    • 2. is done of ill will, hatred, spite or an evil intent
    • 3. is of such a nature that the act itself indicates an indifference to human life
  30. To prove the crime of manslaughter the state must prove the  following two elements
    • 1. The victim is dead
    • 2. The defendant intentionally caused the death of the victim
    • The defendant intentionally procured the death of the victim
    • The death of the victim was caused by the culpable negligence of the defendant
  31. Definition of procure
    To persuade, induce, prevail upon or cause a person to do something
  32. Definition of culpable negligence
    consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily injury
  33. To prove the crime of first degree premeditated murder the state must prove
    • 1. The victim is dead
    • 2. The death was caused by a criminal act
    • 3. There was a premeditated killing of victim
  34. The killing of a human being is justifiable homicide and lawful if
    necessarily done while resisting an attempt to murder or commit a felony upon the defendant or to commit a felony in any dwelling house in which the defendant was at the time of the killing.
  35. To prove the crime of assault the state must prove the following three elements beyond a reasonable doubt
    • 1. Defendant intentionally and unlawfully threatened, either by word or act to do violence to victim
    • 2. At the time, defendant appeared to have the ability to carry out the threat
    • 3. The act of defendant created in the mind of victim a well-founded fear that the violence was about to take place
  36. To prove the crime of aggravated assault the state must prove what four elements
    • The three elements of assaut
    • 4a. The assault was made with a deadly weapon
    • b. The assault was made with a fully-formed conscious intent to commit crime charge upon victim
  37. Definition of a deadly weapon
    A weapon is a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm
  38. The killing of a human being is excusable and lawful under any one of the following three circumstances
    • 1. When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent
    • 2. When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation or
    • 3. When the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the killing is not done in a cruel or unusual manner
  39. What is the definition of a dangerous weapon
    Any weapon that taking into account the manner in which it is used is likely to produce death or great bodily harm
  40. To prove the crime of battery the state must prove what elements
    • 1. The defendant intentionally touched or struck the victim against his/her will
    • 2. The defendant intentionally caused bodily harm to victim
  41. To prove the crime of aggravated battery the state must prove the following two elements
    • 1. Definition of battery
    • 2. Defendant in committing the battery
    • a. intentionally or knowingly caused
    • great bodily harm, permanent disability to victim, permanent disfigurement to victim
    • b. Used a deadly weapon
  42. To prove the crime of aggravated battery of a pregnant victim the state must prove the following three elements
    • 1. Definition of battery
    • 2. Victim was pregnant at the time
    • 3. Defendant in committing the battery knew or should have known the victim was pregnant
  43. To prove the crime of felony battery the state must prove the following two elements
    • 1. Defendant actually and intentionally touched or struck the victim against his/her will
    • 2. Defendant caused victim great bodily harm, permanent disability or permanent disfigurement
  44. What state enacted a death by dignity law
    Oregon
  45. What situations must qualify for the Death by dignity law
    • 1. A patient must be found to be terminlly ill and have less than 6 months to live
    • 2. Patients must have the mental capacity to fully understand the situation that confronts them
    • 3. There is a 15-day waiting period after the patient applies
    • 4. A physician may prescribe the drugs but may not administer them
  46. Domestic abuse cycle of violence
    • Tension-building phase
    • Acute-battering phase
    • Honeymoon phase
  47. What are three aspects to the frightening drug problem
    • 1. Americans spend billions of dollars anually on illegal drugs
    • 2. Many organized gangs and terrorist depend on drug money
    • 3. Each year more than 25 million Americans use illegal drugs
  48. The users of illegal drugs can be classified as what
    • The situational drug abuser
    • The party of the weekend user
    • The drug addict
  49. When was the first drug law passed
    1875
  50. Where and what was the first drug law
    Anti-opium in San Francisco
  51. 18th Amendment
    Prohibition
  52. How long did the 18th Amendment last
    1920-1933
  53. 90% of the worlds opium is produced where
    Afghanistan
  54. The FDA requires anyone selling a legal drug in the U.S to show that
    • The drug is not harmful to humans
    • The drug will do what it is advertised to do
  55. What are the the two types of possession
    • Actual possession- on the person or within an area of immediate control
    • Constructive possession- In a place immediately accessible to the accused and subject to his dominion and control
  56. A simulated controlled substance
    One that is represented to be and appears to be an illegal drug but is not
  57. Len Bias laws
    Laws that make people who illegally manufacture, distribute or dispense illegal drugs strictly liable for a death that results in the use of such drug
  58. What are drug paraphernalia
    Objects that are primarily intended or designed for use with illegal drugs
  59. Property is divided into two types:
    • Real property: real estate
    • Personal property
  60. Rights to property include
    • The right of ownership
    • The right of possession of the property
  61. What does the Latin phrase Nemo dat quod non habet mean
    One cannot give what one does not have
  62. What is the exception to the nemo dat rule
    • The money rule
    • A person who receives money in good faith and for a value given takes title to the money
  63. What is theft or larceny
    Stealing property of another with the intent to deprive the owner of possession
  64. What is taking
    Obtaining physical possession or control of another's property
  65. What is a caption of stolen property
    Taking
  66. What is a asportation of stolen property
    Carrying away
  67. What is fraud
    The use of deceit or trickery to obtain profit or advantage
  68. What is embezzlement
    forbids a person already in lawful possession of money or property from fraudulently converting the money or property to his own use
  69. The value of the property often determines
    whether the charge is a misdemeanor or a felony
  70. What is shrinkage
    When inventory begins to diminish without an increase in profit
  71. Petty theft
    Less than $300
  72. The crime of shop lifting is a form of
    theft or larceny
  73. What is probable cause
    Reasonable grounds to believe
  74. What is defamation
    Wrongful injury to another's reputation
  75. What is till tapping
    Reaching into the cash register or grabbing money from an open cash register
  76. To prove the crime of indecent exposure the state must prove the following four elements
    • The defendant exposed his/her sexual organs or was naked
    • He/She was naked in a public place, on the premises of another, so near the private premises of another as to be seen from those private premises
    • The defendant intended the exposure or exhibition of his/her sexual organs or nakedness to be in a vulgar, indecent lewd manner
  77. To prove the crime of sexual activity with a minor the state must prove the following three elements
    • The defendant 24 years or older can not have sexual relations with a victim 17 years or younger
    • Both have to be 16-23
  78. Corroborative evidence
    Evidence affirming and supporting statements of the victim
  79. What percentage of cases of rape cases are not issued probably because of corroborative evidence
    40%
  80. What percentage of forcible rapes were determined to be unfounded
    15%
  81. What are rape shield laws
    Forbid the use of a victim's past sexual conduct with others or her reputation as evidence in the case
  82. What are Megan's Laws
    Laws that require registration for sex offenders
  83. What state has the only legalized prostitution
    Nevada

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