Card Set Information

2010-09-05 17:47:37

Show Answers:

  1. Vehicular Assault
    The proxiamate result of persons intoxication, recklessly causes serious bodily injury to another person by a vehicle. Felony
  2. Criminal Homicide
    Unlawful killing of another; 1st degree murder, 2nd degree murder, voluntary manslaughter, criminally negligent homicide, vehicular homicide.
  3. First degree murder
    Premeditated, intentional killing of another; killing another in the perpetration of any; first degree murder, terrorism, kidnapping, arson, rape, robbery, burglary, theft, agg. child abuse, agg. child neglect, rape of a child, aircraft piracy, bomb. NO MENS REA. Sentence; death, life with no parole, life.
  4. Sentencing for 1st degree murder
    • Death
    • life with no parole; never getting out
    • life imprisonment; 25 calender years.
    • If no statutory aggravating circumstance proven beyond a reasonable doubt; imprisonment for life.
  5. Death Penalty aggravating circumstances
    • 1+ prior felonies
    • risk of death to 2+ people during act
    • renumeration or employed another for renumeration
    • heinous, cruel, torture; beyond to cause death
    • avoiding arrest of D or another
    • against a Judge or court official, law enforcement, EMS
    • mass murder of 3+ persons
    • mutilation of body after death
    • terrorism
  6. Death Penalty mitigating circumstances
    • No prior criminal hx
    • extreme mental/emotional disturbance
    • victim/participant consent to act
    • reasonably believed a moral justification for the act
    • accomplice; minor part in act
    • duress or domination of another
    • age; youth or advanced in age
    • capacity; mental/defect/intox/ which substantially impaired judgment.
  7. Second degree murder
    • Knowing killing of another
    • killing that results from the unlawful dist. of schedule I, II, drug when drug is proximate cause of death.
    • Cumulative effect of domestic violence; death.
  8. Voluntary Manslaughter
    Intentional or knowing killing of another in a state of passion, produced by adequate provocation sufficient to lead a reasonable perosn to act in an irrational manner.
  9. Criminally negligent homicide
    Criminally negligent conduct that results in death.
  10. Vehicular Homicide
    • The reckless killing of another by the operation of auto, plane, boat or another moter vehicle as the proximate result of;
    • conduct creating risk of death/injury
    • drivers intox
    • drag racing
  11. Reckless Homicide
    Reckless killing of another
  12. Assisted Suicide
    • Provides one with means to directly or intentionally cause own death.
    • Intentionally participates in physical act by which another causes their death.
    • physical act with actual knowledge, and clear intent.
    • Fail to prevent another's death
  13. Aggravated Vehicular Homicide
    • 1. 2+ prior convictions of;
    • DUI, Vehicular Assault, any combination
    • 2. 1 prior conviction for vehicular homicide.
    • 3. .20 alcohol and 1 prior conviction for
    • DUI, vehicular assault.
  14. Coercion
    • Causing, threatening to cause bodily harm, physically restraining or confining any person or threatening to restrain or confine.
    • Exposing or threatening to expose, destroying, concealing, removing, passport, gov't Id, or immigration document,
    • providing a controlled substance.
  15. False Imprisonment
    Person who knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty.
  16. Especially Aggravated Kidnapping
    • A. 1. deadly weapon
    • 2. victim under 13 yrs.
    • 3. holding victim for ransom, reward, shield, hostage.
    • 4. victim suffers serious bodily injury.
    • B. Class A felony. If offender releases victim alive Court can consider mitigating circumstances.
  17. Robbery
    • Intentional, knowing, theft of property.
    • By violence or putting another in fear.
  18. Aggravated Robbery
    • 1. With a deadly weapon, or by any article used/fashioned to lead victim to believe a weapon.
    • 2. Victim suffers serious bodily injury.
  19. Especially aggravated robbery
    • 1. Deadly weapon
    • 2. Victim suffers serious bodily injury.
  20. Aggravated Rape
    • Unlawful sexual penetration
    • 1. force or coercion, with a weapon.
    • 2. bodily injury to the victim.
    • 3. aided and abetted by 1+ persons
    • Victim is mentally defective, incapacitated or physically helpless.
  21. Rape
    • Unlawful sexual penetration
    • 1. force or coercion
    • 2. without consent
    • 3. victim mentally defective, incapacitated, or helpless.
    • 4. accomplished by fraud.
  22. Aggravated Sexual Battery
    • Unlawful Sexual contact
    • 1. force or coercion.
    • 2. bodily injury to the victim.
    • 3. Aided/abetted by 1+ persons.
    • victim; mental, defective, incapacitated, helpless
    • 4. Victim less that 13 years of age.
  23. Rape of a child
    Unlawful penetration; 3+ through age 13. Minimum 25 years.
  24. Aggravated rape of a child
    Penetration; victim 3 years or less.
  25. Sexual battery by an authority figure
    • Unlawful sexual contact
    • victim between 13-17 yrs.
    • mentally defective, incapacitated, helpless
    • perp in position of trust
  26. Statutory Rape by Authority figure
    • Penetration
    • D/perp 4 years older than victim
    • Felony
    • No probation or judicial diversion available for this charge.
  27. Assault
    • 1. Intentionally, knowingly, or recklessly causes bodily injury to another.
    • 2. Intentionally, knowingly causes fear of imminent bodily injury.
    • 3. intentionally, knowingly causes physical contact that is offensive and provacative.