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51 Cards in this Set
- Front
- Back
Theft |
a person unlawfully deprived from his/her property |
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Larceny |
wrongful taking of the personal property f another with intent to steal (with aspiration) (ex: someone takes something (your property) from your desk, and leaves with it) |
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Embezzlement |
unlawful appropriation to your own use of another’s property that is in trusted in you |
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False Pretense |
transfer of ownership brought up with false pretenses (ex: selling a car with a car title) |
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Forgery |
making material alteration of an existing/written instruments (with intent to defraud) (ex: can be deed to house or lease, if you have a roommate you hate and you pencil their name on the lease so that they are force to pay) |
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Receiving Stolen Property |
knowingly taking possession or control, over another’s property with the intent to deprive (ex: if you go to someone’s baseman and see a big TV and there was a chip on the side, and couple days later you see that persons uncle come with a pick up truck full of the same TV’s with the same chip on the side) |
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Robbery |
unlawful taking of property by force, or threat of force |
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Burglary |
breaking, and entering of a building, locked automobile with the intent to commit a crime |
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Looting |
burglary committed during societal crisis (ex: something committed during Super Storm Sandy, Katrina, Ferguson) |
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Extortion |
taking personal property by the treat of future harm, the revelation of personal private information (ex: old boyfriend “give me all your money, or that tape we made will be on YouTube” or I want that bonus or ill make a phone call and et the company know about you. |
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Identity Theft |
most prevalent in the 21st century. Un-notarized use of another individual’s personal identity to fraudulently obtain money |
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Homicide |
the killing of one human by the act or omission of another human being.
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All murder is homicide BUT..
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not all homicide is murder
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Why is not all homicide murder?
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Justifiable: self-defense
Excuses: juvenile, accident, insanity, mistake |
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Model penal code categories
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Murder (1st/2nd degree)
Manslaughter (voluntary/involuntary) Negligent homicide |
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Corpus Delicti |
Death of a human being + A person is responsible for the act |
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Uniform Determination of Death Act |
Irreversible cessation of brain function OR Cessation of circulatory function + cessation of respiratory function |
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Causation |
The death must be the natural + probable consequence of the Defendant's Act |
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1st Degree Murder |
Unlawful killing Human Being PREMEDITATED/ MALICE AFORETHOUGHT |
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2nd Degree Murder |
Also known as "Felony Murder" in NJ |
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2nd Degree Murder |
During commission of a felony// Malicious murders |
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Capital Murder |
Murder for which the death penalty is authorized by law |
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Voluntary Manslaughter |
Killing of another human in the heat W/O MALICE |
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Involuntary Manslaughter |
Someone dies as a result of unlawful act |
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Negligent Homicide |
Willfully indifferent to the life of others// Not being careful |
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Example of Negligent Homicide |
Certain religions don't allow parents to use medicine and doctors to cure their children.. Result= children dead |
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Vehicular Homicide |
Defendant's reckless operation of a vehicle in a manner likely to cause death |
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Notion of Proximate Cause |
Causation: Death must be the natural+ probable consequence of Defense's Act. |
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Notion of Proximate Cause |
There is no time limit attached to this notion, it used to be a year+ a day |
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Euthansulsia |
Legal in 5 states// medical suicide |
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Battery |
Unlawful physical touching inflicted upon another W/O consent |
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Assault |
An attempted or threatened battery |
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Assault is an attempt + presentability= |
Battery |
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Aggravated Assault |
An assault that is committed with the intention of committing another crime |
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Special Circumstances for Aggravated Assault: |
children, police officers, aged, infirm, teachers |
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Extended Assault Law |
Bullying + cyber bullying |
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Cyber bullying |
Intentional frightening/intimidation of another via computer |
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NJ calls Mayhem what? |
Torture |
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Mayhem |
battery involving malicious infliction of violent injury |
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You can consent to Mayhem, such as |
Boxing + sports (football) |
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What percentage of college-women have experienced unlawful sexual contact |
25% |
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Rape (1st Degree Sexual Assault) |
Sexual intercourse, sexual molestation abuse, sodomy |
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Martial exemption (Doesn't exist anymore) |
If you're married, you can't be raped |
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Cohabitation exemption (Still exists) |
If you're living with someone, you can't be raped |
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Statutory Rape |
Sexual intercourse, whether consensual or not, with a person under the age of consent, as specified by statue |
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Rape shield law |
A statute intended to protect victims of rape by limiting a defendant's in-court use of a victim's sexual history |
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Exception to Rape Shield Law |
Relevance (consent) |
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Kidnapping |
Unlawful taking AND asportation of a person -By force -Vs. that person's will |
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False Imprisonment |
Same as kidnapping W/O asportation |
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Example of False Imprisonment |
Moving from upstairs to basement// Restricting freedom |
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Anti-Stalking Laws |
Cyber |