CRMJ Exam 2

Felony Murder

A death that occurs during the commission of a felony, regardless of intent.

Defenses to Homicide

Justification and excuses are two broad categories: Justification includes i committed the crime, but here are reasons why i should not be criminally viable, and Excuses i did the deed, but i am incompetent.

Justification

Reasons why a crime was committed but the individual should not be criminally liable.

Excuses

Acknowledging the deed was done but claiming incompetence.

Use of Force Rule

In Washington law, force in defining rape includes threats that make the victim feel threatened.

Mens Rea vs Actus Rea

The distinction between the mental state and the physical act of a crime.

Rape Shield Statutes

Laws designed to protect victims of sexual assault from irrelevant questioning about their past sexual behavior.

Trespass

Unlawfully entering or remaining on someone's property.

Intent Crime

A crime where the individual has a specific intent to commit the criminal act.

2nd Degree Murder

Washington law equivalent to killing without malice or forethought.

1st degree Rape

involves forcible compulsion and may occur with the use or threatened use of a deadly weapon, kidnapping, infliction of serious bodily injury to the alleged victim, or burglary.

2nd Degree Rape

It may also occur when an alleged victim is mentally incapacitated or physically helpless, or when the defendant is in a position of authority over the alleged victim, such as in a healthcare or eldercare facility.

3rd Degree Rape

“clearly-expressed” lack of consent or threat of harm to the alleged victim’s property, the state may charge it as third degree rape

extrinsic vs intrinsic

intrinsic motivation comes from within, while extrinsic motivation arises from external factors.

Pre med

is when an individual contemplates, for any length of time, the undertaking of an activity and then subsequently takes the action.

Negligent 

refers to a defendant who acts in disregard of a serious risk of harm that a reasonable person in the same situation would have perceived

Reckless

A person is reckless or acts recklessly when he or she knows of and disregards a substantial risk that a wrongful act may occur and his or her disregard of such substantial risk

specific intent

to the perpetrator's state of mind at the time of the commission of the crime