Living Law unit 3

Crime

actions that are illegal

Motive

reason for performing the act

Elements

different parts of the crime that the prosecution must prove to jury beyond reasonable doubt

Guilty state of mind ( mens - rea )

action was done with intent

Felony

+1 year in prison

Misdemeanor

less than a year in jail

Petty Offenses

least serious ( fine / ticket )

Principal

person who commits the crime

Accomplice

helps principle commit the crime

Accessory before the fact

orders a crime to be committed / helps principle commit the crime but they weren't present when the crime was committed

Accessory after the fact

knows crime was committed , helps with escape

Preliminary Crimes

types of behavior that hint a crime will be committed

Solicitation

person ask , commands , urges someone to commit a crime

Attempt

intended to commit a crime , took a step to commit it

Conspiracy

plant out a crime before it is committed

Probable Cause

the police have reasonable belief that a crime is / has been committed ( allows them to search and / or seize )

Reasonable Suspicion

police have articulate fact to support the suspicion ( allows a stop and frisk )

Mere Suspicion

police have a hunch / gut feeling

Homicide

killing or one person by another

Felony murder

killing that takes place during another crime ( ex . Rape , arson , burglary )

1st degree murder

1. Killing someone , 2. Planned before , 3. With intent , 4 . Done with malice

Premeditation

planning a crime out before it is committed

Malice

disregard for life

2nd degree murder

killing is done with malice but no premeditation / deliberation , intent to kill does not occur until the actual murder , aware of actions during the moment

Voluntary Manslaughter

killing that occurs after the victim has done something to the killer that would cause a reasonable loss of self - control

Criminal homicide

committed with intent or plan

Involuntary manslaughter

killing when there is no intent , resulting from conduct that is reckless it causes danger of death of injury

Negligent homicide

killing supported by the criminal intent of recklessness , failure to excessive reasonable amount of care in a situation

Non - criminal homicide

excusable / justifiable , not subjected to criminal charges ( ex . Self defense )

Assault

any attempt or threat to carry out a physical attack upon another

Battery

unlawful physical contact inflicted by one person upon another without consent

Stalking

when a person repeatedly follows another / hatrases another person , makes threats , causes person to fear death or injury

Sexual assault / rape

unwanted / coercive sexual contact or behavior without consent

Date rape

forcing or coercing a victim into unwanted sexual activity by the use of another person , force , violence , pressure , etc.

Statutory rape

: an adult engages in sexual activity with a minor

Arson

willful and malicious burning of person property , can be charged if you burn your own property down

Vandalism

willful destruction or damage to the property or another ( breaking windows , graffiti , etc )

Larceny

unlawful taking and carrying away the property or another person against their will with the intent to permanently deprive the owner of it

Grand larceny

anything about $ 100 , felon

Petty larceny

anything less than $ 100 , misdemeanor

Shoplifting

stealing goods for a store while pretending to be a customer

Robbery

unlawful taking of property from a person's immediate possession by force or intimidation

Embezzlement

unlawful taking of property by someone it was entrusted to

Extortion

use or threats to obtain property of another

Forgery

producing a copy of a document , signature , banknote , or work of art

Burglary

breaking and entering or any unauthorized entry into any structure with the intent to commit a crime , regardless the time

Receiving stolen property

receiving or buying property that you know or have reason to believe is stolen

Unauthorized use of a motor vehicle

unlawful taking of a motor vehicle without owner's consent , person only intends to temporarily take the vehicle without permission

Auto theft

taking of a person's car with the intent to deprive the owner of it permanently or temporarily

Carjacking

a person uses force of intimidation to steal a car from a driver

Computer crimes

scamming , cyberstalking , fraud , etc.

DUI

Driving while intoxicated

No crime was committed

No intent to commit crime, No criminal act

Alibi

proof / evidence you weren't present when a crime was committed , you were elsewhere

False eyewitness identification

eyewitnesses aren't credible ( bad eyesight , loss of memory , etc. )

Committed the crime but was justified

Self defense (feel life is threatened or fear of getting hurt),

Defense of others,

Defense of property,

Non - criminal homicide (killing that is justifiable)

Infancy

to young to be held criminally responsible

Intoxication

under the influence , not in the right state of mind , can't control actions

Insanity

mentally unstable , not in the right state of mind

Entrapment

person was induced or coerced by law enforcement to commit a crime they wouldn't have commited

Duress

crime committed under threat or coercion and forced asking their will

Necessity

avoid greater harm or prevent significant evil

Booking

formal process of making police record of arrest

During the booking process:

Fingerprinting

Mug Identifying

information ( name , address , DOB , previous offenses )

Misdemeanor case

defendant is informed of charges & enters plea ( guilt or not guilty )

Initial appearance

after arrested ( usually in 48 hours ) and charged , individual will appear before a judge and hear their potential charges / penalties

Felony case

defendant is informed of charges and advised or rights , does not enter plea until later in criminal process

Bond hearing

judge determines whether defendant will be granted bail / bond before their trial

Bail / bond determination

( risk to public , previous crime history , severity of offense , etc. )

Bond

agreement / guarantee that accused will return to court

Bail

money or property put by the accused that allows them to be released from jail before trial

Preliminary hearing

judge decided if there should be a formal charge ( both prosecutor and defense present evidence )

Information

formal written accusation / charge filed by prosecutor that accuses someone of a crime

Grand jury

jury decides if there should be a formal charge ( only the prosecutor presents evidence )

Indictment

formal written accusation issued by grand justly that charges an individual with a crime

Arraignment

judges explains the charges and defendants rights , accepts their plea

Plea

formal response by defendant to charges brought against them

Guilty

admit fault to a crime , admits to charges brought against them

Not guilty

denies committing the crime and challenges the charges against them

No contest

retain innocence but plead guilty , does not admit guilt to crime but does not challenge the charges

Plea bargain

negotiation process between the defendant's attorney and prosecutor in which the defendant pleads guilty for lesser charges / sentence

Pre - trial motions

formal requests made to court before criminal trial begins

Discovery

requested by defendant to examine ( before trial ) certain evidence in possession of prosecutor

Change of venue

change the location of the trial to avoid hostility from community

Continuance

seeks more time to prepare case

Suppress the evidence

request that certain evidence not be allowed to be presented

Maximization

guilty , theory , refutes innocent , losing waiting time ( bad cop )