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52 Cards in this Set
- Front
- Back
An offense committed against the public good or society that is punishable by fine, imprisonment, or both
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Crime
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What 2 conditions must exist for a crime to be committed?
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1.It is prohibited by the law of the place where it is committed
2.The law provides for the punishment of the offenders |
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The party that accuses a person of a crime
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Plaintiff
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The government official who brings the case against the defendant
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Prosecutor or District Attorney
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The person who is accused of a crime
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Defendant
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A major crime punishable by a fine, imprisonment for a term exceeding 1 year, or death
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Felony
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A less serious crime with a less serious penalty of a fine, jail time (less than 1 year), or both
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Misdemeanor
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A minor offense that is usually punishable with a fine and not jail time
Examples: traffic violations, and parking tickets |
Infraction
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Can the Federal government make criminal laws?
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No - the only exception to this rule is counterfeiting
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What are the 2 elements of a crime?
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1. Criminal Act
2. Required state of mind (intent) |
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Can inaction or failure to act ever be a crime?
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Yes - example: not registering for the draft
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Can a person's condition such as alcholism or drug addiction be considered a crime?
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No
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Must the prosecution show motive for a crime to convict someone?
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No
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Which defense to a crime is characterized by a person incapable of knowing what they were doing?
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Insanity Defense
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Whatt does the M'Naughten ruling of 1943 say?
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A defendant should not be held responsible for his actions if he could not tell that his actions were wrong (morality) at the time that he committed them
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A defendant will not be held criminally responsible if at the time of his behavior, he has a mental disease or defect (medical professionals) but lacks “substantial capacity “to understand what he was doing or to change his conduct
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ALI standard: (American Law Institute)standard used in Illinois to determine "Insanity"
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The part of the law that excused a defendant for lack of capacity to control his actions was eliminated with this act due to the John Hinkley Jr. case
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Insanity Defense Reform Act 1984
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When someone is using the "insanity defense" who has the burden to prove beyond a reasonable doubt that the defendant is insane?
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The Defendant must prove that they are "insane" beyond a reasonable doubt
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What are the 2 types of insanity pleas?
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1. Cognitive Insanity
2. Irresistible Impulse |
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This insanity plea states that the defendant did not know the nature of the act or if they knew the nature of the act , they did not know it was wrong.
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Cognitive Insanity Plea
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What type of insanity plea is it when the defendant knows right from wrong but cannot stop themselves
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Irresistible Impulse Insanity Plea
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With this type of insanity plea, the defendant if found guilty is sent to a mental institution until he is cured and then goes to prison to serve out his term
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Guilty but mentally ill plea
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A defense used by the accused that he/she was briefly insane at the time the crime was committed regardless of the accused’s sanity at the time of the trial
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Temporary Insanity Plea
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The effects of alcohol and drugs are known in advance
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Forseeablility test
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The act of a law enforcement agent in inducing an individual to commit a crime that the individual would not have or most likely not have otherwise committed
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Entrapment
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This defense allows for the use of deadly force anytime a faultless victim reasonably believes that unlawful force will cause death or serious bodily harm to him
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Self Defense
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This defense states thatAttempting to run away is not necessary if you are in your own home
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Castle Defense
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Allows you not to have to run while at work or in your car (FLA)
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Stand your ground laws
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What two characteristics must each crime have?
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1. an exact definition of the crime in the law
2. a definite punishment that goes along with the crime |
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The killing of one human being by another
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Homicide
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Takes place when a police officer kills a criminal or a soldier kills the enemy in the line of duty or self defense
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Justifiable Homicide
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When someone is killed by accident and no one is at fault
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Excusable Homicide
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The intentional killing of another person
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Murder
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What are the 3 possible conditions for 1st degree murder?
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1. Killing someone with “premeditation” (Planning the murder in advance)
2. Killing someone in a cruel way (torture) (movie) 3. Killing someone while committing a felony such as rape, robbery, or kidnapping |
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Most death penalties are applied in Illinois for these two conditions
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1.Multiple Murders
2.Done in the course of a felony murder |
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The unlawful killing of a person without intending to do so
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Manslaughter
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What is the main difference between manslaughter and murder?
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Murder is done with malice and intent
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One person intends to kill another but is done so suddenly without a prior plan while under great personal distress
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Voluntary Manslaughter
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Someone kills another person accidentally while committing a reckless or unlawful act
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Involuntary Manslaughter
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The threat of violence (or attempt to commit a battery)
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Assault
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The actual physical violence (the unlawful touching of another person)
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Battery
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The assault or battery has to be done with a deadly weapon
Be done with intent to murder Be done with intent to commit rape Be done with intent to commit robbery |
Aggravated assault or battery
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Unlawful removal or restraint of a person against that person’s will usually for one of the following
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Kidnapping
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All forms of kidnapping in Illinois are treated as felonies. True/False
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True
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Intercourse with a minor with or without force or consent
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Statutory Rape
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Sexual assault by a friend or date
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Date Rape
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”- the wrongful taking of someone’s property by threatening or using violen
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Robbery
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The main difference between robbery and larceny is
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The use of violence or threats
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The intentional and malicious destruction of or damage to the property of another
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Vandalism
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the willful and malicious destruction of property by means of fire or explosives
In Illinois damage done to property by means of fire or explosives over $150 is classified as arson |
Arson
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wrongful taking of another person’s property by a person who has been entrusted with that property
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Embezzlement
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Sometimes called “Larceny by false pretenses”: the taking of someone’s money or property by intentionally deceiving that person
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Fraud
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