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Exam#2 HRS
701, 702, 703, & 705
| Question | Answer |
|---|---|
| What is commentary? | The fine print that follows each section of the penal code. |
| 3 Grades of a crime? | Felonies, Misdemeanors, and Petty Misdameanors |
| Classes of a felony? | Class A, B, and C |
| Imprisoned for a minimum of 1 yr? | Felony |
| Imprisoned for a maximum 1 yr? | Misdemeanor |
| Imprisoned for a maximum 30 days? | Petty Misdemeanor |
| Reasons for time Limitation | Evidence Fades and Repreive |
| Time limitation on murder? | None |
| Time limitation on manslaughter? | 10 yrs. |
| Time limitation on Class A felony? | 6 yrs. |
| Time limitation on Class B and C felonies? | 3 yrs |
| Time limitations on a Misdemeanor or Parking Violation? | 2 yrs. |
| Time Limitation on a Petty Misdemeanor and other Violations? | 1 yrs. |
| Elements of an offense? | Conduct, Attended Circumstance, and Result of Conduct |
| States of mind? | Intentionally, Knowningly, Reckless, and Negligent |
| Defense definition? | Fact(s) that negates penal liability |
| Prima Facie Evidence | Common sense evidence |
| Ommison | Failure to act. |
| Requirement for Voluntary Act/ Ommision | Stressed, underage, insane... Legal excuses |
| Voluntary Act defined | Bodily Movement. Ie. permission to be punched |
| Voluntary Act Possesion | Give keys to business and steals from business |
| Intentionally defined | Results were conscious objective. Ie. shoot someone in the head |
| Knowingly defined | Aware results could occur. Ie. beating someone and they die. |
| Reckless defined | Consciously disregards risk. Ie. racing |
| Negligent defined | Should be aware of risk. Ie. talking on cell while driving or jet ski |
| If found Negligent also held accountable for I K R | R- IK, I - K |
| State of mind for violations? | None |
| Excuse that negates an element of a crime. | Ignorance or mistake. "A" buys stolen watch from "B" , "A" not held liable for theft. |
| Ignorance or mistake not a crime when.... | There is criminal intent. Ie bunk weed |
| Deadly Force defined | Intent of causing death or risk of death. Ie shooting gun |
| Force defined | Bodily impact, Restraint, Confinment, Threats |
| Unlawful force | No permission |
| Bodily injury defined | Physical pain. Ie slap |
| Substantial Bodily injury defined | Penetration on skin, bone fracture, concusion, tearing of insides organs. |
| Serious Bodily Injury | Risk of death, serious or permanent injury to organs |
| Choice of evil | Break law to avoid bigger harm. Ie hurricane run into house. |
| One evil must... | Be greater than the other. |
| Specified harms that justify Deadly Force | Death, Serious Bodily Injury, Kidnapping, Rape, Forceable Sodimy |
| Use of force justified when?... | Protecting others and property |
| Elements of Property Crime | Criminal Trespass, burglary, theft, criminal Mishchief. Say "STOP" first. |
| Use of force in law enforcement | Minimum amount of force necessary to arrest. Tell why they arrested |
| Use to prevent suicide or commission of a crime | Justified |
| 3 Catagories of Inchoate Crimes | Attempt, Solicitation, and Conspiracy |
| Criminal Attempt defined | Intentionally engages in conduct that would constitute a crime. Ie break glass on house then run. |
| Grade of Criminal Attempt | Same class and grade as the most serious offense |
| Criminal Solicitation defined | Intent to promote or facilitate crime to another person |
| Grading of Criminal Solicitation | One class or grade less than the offense. Murder is always a class A felony |
| Criminal Conspiracy Defined | Planning to commit a crime with another person. |
| Grading Criminal Conspiracy | Class "A" felony = class "B" anything else is the same. |
Created by:
Jdbaba
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