final exam- CJ

The common law definition of murder

killing a person with malice aforethought

The common law definition of burglary

breaking and entering with intent to commit felony

The common law definition of felony murder

if a death occurs during the commission or attempted commission of a dangerous felony, even if they didn't intend to kil

The common law definition of rape

unlawful sexual intercourse without consent

The common law definition of arson

the willful and malicious burning or exploding of property.

The common law definition of sodomy in first degree

a sexual act involving anal intercourse without consent, often considered a felony.

The common law definition of statutory rape

sexual intercourse with a minor.

The common law definition of kidnapping

the unlawful seizing and carrying away of a person by force or fraud.

The common law definition of manslaughter

killing a person without malice aforethought

in NC, what makes an increase in penalty for burglar

If the burglary occurs during nighttime or involves an armed presence.

in common law, when does life begin

Life begins at the point of live birth, meaning that for legal purposes, a fetus is not considered a person until it is born alive.

what do we call the death of an unborn child

feticide

how do we define death

when the heart and breathing stopped and all brain activity has ceased.

what is the act that we use to define death

The Uniform Determination of Death Act, which stipulates that an individual is dead if there is irreversible cessation of circulatory and respiratory functions, or irreversible cessation of all functions of the entire brain, including the brainstem.

what is the common law definition of malice

specific intent, killing on purpose with ill will

forethought takes how long to develop

an extended period of time before the act.

___is not an element of murder, but may be helpful in proving intent to kill;

malice aforethought

what do we call death penalty trials under 2 parts?

bifurcation

in a death penalty trial, in the sentencing phase, what must the prosecutor prove a reasonable doubt to impose death?

aggravating and mitigating factors

which case abolished death penalty

Furman V Georgia

which case reinstated death penalty

Gregg V Georgia

in NC what are 2 aggravating circumstances

Prior violent felony conviction, Murder committed during a kidnapping.

The prosecution will present ____to support the death penalty’ the defense will introduce ___to try to avoid death;

aggravating factors; mitigating factors

Name at least 2 things in NC the defense will argue against the death penalty

mitigating circumstances, lack of intent

What is the Deadly Weapon doctrine;

one who intentionally uses a deadly weapon on another human being and thereby kills them presumably intended to kill them

People V Phillips, why did the court say it wasn’t a felony murder case when the child died as a result of not being cured of her blindness.

fraud isn’t a crime that is inherently dangerous

For a murder charge to be introduced to manslaughter the killing must be done____’ one example that can cause such provocation;

in the heat of passion; an example is finding a spouse in the act of infidelity.

for there to be a manslaughter, there must not be a what?

premeditated intent to kill

what type of legal provocation for manslaughter

mutual combat, assault and battery, trespass and adultery

what did the court rule in the appalachian trail murder, Commonwealth V. Carr, and said it can’t be use for provocation for manslaughter

past injure or insult doesn’t establish a foundation for manslaughter

term used to describe doctor assisted suicide; one state that allows it

euthanasia, California

common law def of rape

intentional, forced, nonconsensual heterosexual vaginal penetration, not by a spouse

what 2 body parts must come into contact for rape

Penis and vagina

definition of sodomy

anal intercourse between 2 males

definition of aggravated sodomy

sodomy that involves coercion, force, or the use of threats.

force needed to prove rape

carnal knowledge of a woman forcibly against her will

what element is hardest to prove in rape case

the lack of consent, as it requires clear evidence of coercion or force.

4 ways in NC to get first degree rape

child under age of 13, another person by force and against will, deadly weapon or serious personal injury

type of intoxication could dictate a rape in NC

voluntary intoxication, can’t claim they were too intoxicated to give consent

until 1970’s, man couldn’t be charged with rape if the victim was his?

wife or spouse

most rapes are committed by what to the victim?

someone they know

word of the woman wasn’t enough to convict the man, had to have something else- what was that rule called?

the corroboration rule

what law now prohibits the introduction of a victims sexual history in a rape case

rape shield law

when is the victims sexual history admissible?

in cases where the sexual history is relevant.

standard of proof in IX hearing

preponderance of the evidence

knowledge of the victims age is no excuse- what kind of crime is it?

statutory rape

exception called in NC that within certain parameters to allow teens to have sex w/o being prosecuted

Close in age exemption

crime called for unwanted touching

battery

crime called for unwanted touching on the breasts/vaginal/pelvic/buttocks region

sexual battery

what is it called when one person faces another person of receiving a bodily injury and what elevates it to aggriavated assault?

Aggravated assault occurs when the assault involves a weapon or results in serious bodily injury.

for the crime of kidnapping to occur, there must be what to the victim?

asportation, moving victim to one point to another

Grimette case of domestic violence

man continued threatening his victim until he eventually killed her. This case highlights the significance of recognizing and addressing the warning signs of domestic violence, as ignoring threats can lead to fatal outcomes.

when you enter the property of another w/o consent, and notice is given, what is that crime called

trespassing

when does a theft increase to robbery

When force or intimidation is used against a victim to take property.

3 diff ways states look at the mens rea of theft by receiving

if the receiver knew it was stolen, the circumstance to determine whether the person knew it was stolen or should have known

what’s felony theft

A crime involving the unlawful taking of property valued above a certain amount, typically classified as a felony.

whats felony theft of shoplifting

A specific type of felony theft involving the unlawful taking of merchandise from a retail establishment without payment.

whats felony theft by employee of employer

A form of theft where an employee unlawfully takes property or funds belonging to their employer, typically involving a breach of trust.

what is difference between arson in first degree and arson in second degree

1- danger to human life. 2- no danger to human life

in NC and florida, a student who possesses a fake ID will be charged with a felony unless what

they didn’t know it was fake or wasn’t using it maliciously

which amendment in constitution gave us prohibition

the 18th Amendment

which one repealed prohibition?

the 21st Amendment

what did harry enslinger say at the repeal of prohibition to make marijuana illegal?

made white women want to have sex with black people

criminal panhandling was stuck down since it violates which amendment?

the First Amendment freedom of speech

crime of prostitution only applied to females, statues were shut down because they violated which clause of the 14th amendment?

`the Equal Protection Clause

definition of prostutiotion in NC includes what type of sex?

Commercial sex acts regardless of gender.