Criminal Law

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Author:
Ncano
ID:
268806
Filename:
Criminal Law
Updated:
2014-04-01 16:58:37
Tags:
Criminal
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  1. What is criminal Law?
    used to include all that is involved in the administration of the criminal justice system. Crimes, criminal charges, penalties.
  2. What is crime?
    two types of parts physicals act, known as actus reus. Mental state mind, known as mens rea. Generally an act must involve willful bodily movement or physical activity.
  3. What is Substantive Law?
    is the statutory or written law that defines rights and duties, such as crimes and punishments, civil rights and responsibilities in civil law
  4. Omission 
    failure to perform an act where there is a duty or law to an individual or the public to act. Also called a negative act. 
  5. Homicide 
    is the killing of a human being by another human being. Is either innocent homicide or criminal homicide. 
  6. First degree murder 
    a killing which deliberate and premeditated (planned, after lying in wait) in conjunction with felonies such as rape, burglary, arson or involving multiple deaths, the killing of certain of people.  
  7. when is a person legally dead? 
    when he/she has irreversible cessation of circulatory and respiratory functions. (no heart breathing). 
  8. Malice
    the intention or desire to cause harm(death, property damaged) to another. Through an unlawful or wrongful act. Without justification or excuse. an improper or evil motive or purpose.  
  9. voluntary manslaughter  
    killing of another human being with malice but not malice aforethought. IE during the moment of heat of passion 
  10. Manslaughter 
     killing of another person without premeditation or so called malice aforethought. it is distinguished from murder (which bring greater penalties) by lack of any prior intention to kill anyone or create a deadly situation.   
  11. provocation 
    the killing must have been in the sudden heat of passion. the killing must have followed the provocation and was before a reasonable opportunity for the passion to cool. there must have been a causal connection the provocation, the passion and the fatal act. 
  12. Malice aforethought 
    it is a higher standard than mere malice. proof of malice aforethought is required for 1st degree murder convictions 
  13. Malicious 
    an intentional act that creates an obvious fire hazard to the dwelling of another, without justification. to be malicious, the prosecution only needs to show that there was intent to burn the dwelling of another. there was an obvious and strong likelihood that a burning would occur. 
  14. Malum Prohibitim 
    offenses created by parliament and legislative. Acts deemed unacceptable. 
  15. Mens Rea 
    Latin for a "guilty mind," or criminal intent in committing the act 
  16. Actual cause 
    if a criminal defendant is the actual of injury or death, he/she is also the proximate cause 
  17. proximate cause 
    a happening that causes an event with injury due to negligence, or an intentional wrongful at 
  18. Res Geseta 
    Latin for "the things done" period of time during which the crime is being committed. Res geste continues until the defendant reaches a point of apparent safety. 
  19. Corpus Delicti 
    proof of specific type of injury social harm. Evidence of someone's criminality. mean "body of crime" every crime must have been a corpus delicti  
  20. willful disregard 
    intent to commit a crime 
  21. felony murder rule 
    A murder conviction generally punishes people who kill others either intentionally or through extreme recklessness. But the "felony murder" rule punishes something different.
  22. General intent crime  
    only showing that the accused intended to do an act prohibited by law. often called general intent crimes less serious crime, shorter bail fines. Ex Drunk driver 
  23. specific intent crime (time and place of death) 
    proof that the accused intended the precise harm result that occurred.  
  24. intervene act
    a second/act which happen after the original improper or dangerous act which causes harm injury or death
  25. independent intervene act
    • Grossly negligent medical treatment may
    • eliminate liability for homicide of the maltreatment was the close cause of
    • death
  26. Kidnapping 
    take (someone) away illegally by force, typically to obtain a ransom.
  27. constructive breaking
    • Occurs when someone uses a threat,
    • fraud, trick or conspiracy to unlawfully enter a dwelling. No force used or involved
    • Entering a business during regular
    • business hours with intent to steal does not constitute constructive breaking
    • No threats, fraud or trick involved
  28. burglary 
    • The breaking and entering of dwelling of
    • another in the nighttime with the intent to commit a felony
    • Considered a crime against habitation
    • Not a crime against a person 
  29. Arson 
    • the malicious burning of the dwelling of
    • another(common law)
  30. assault 
    • Is an attempt, with unlawful force, to
    • inflict bodily injury upon another, accompanied with apparent present ability 
  31. consensual sex 
    both people in a sexual encounter must agree to it 
  32. non consensual sex 
    two people and one agrees to have sexual encounter and other doesn't 

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