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Review CH 9 & 10

review for chapter 9 and 10

TermDefinition
aggravated rape rape by strangers or individuals with weapons who physically injure their victims
corroboration requirement an element in rape that the prosecution had to prove rape by the testimony of witnesses other than the victim
rape shield laws statutes that prohibit introducing evidence of victims’ past sexual conduct
force and resistance rule provided that victims had to prove to the courts they didn’t consent to rape by demonstrating that they resisted the force of the rapist
battery unwanted and unjustified offensive touching
stalking intentionally scaring another person by following, tormenting, or harassing
attempted battery assault having the specific intent to commit a battery and taking substantial steps toward carrying it out without actually completing the attempt
assault an attempt to commit battery or intentionally putting another in fear
extrinsic force in rape cases, requires some physical effort in addition to the amount needed to accomplish the penetration
intrinsic force in rape cases, requires only the amount of force necessary to accomplish the penetration
statutory rape to have carnal knowledge of a person under the age of consent whether or not accomplished by force
cyberstalking the use of the Internet, e-mail, or other electronic communications devices to stalk another person through threatening behavior
asportation the act of carrying away or physically moving a victim of kidnapping
threat-of-force requirement requires the prosecution to prove that the victim experienced both subjective and objective fear in rapes involving threats of force
false imprisonment depriving others of their personal liberty without the asportation requirement
born-alive rule homicide law once said that to be a person, and therefore a homicide victim, a baby had to be “born alive” and capable of breathing and maintaining a heartbeat on its own
first-degree murder the only crime today in which the death penalty can be imposed, consisting of (1) premeditated, deliberate intent to kill murders and (2) felony murders
voluntary manslaughter suddenly and intentionally killing another person in the heat of anger following adequate provocation; elements include murder actus reus, mens rea, causation, and death
act reasonableness meaning “a finding that a reasonable person in the defendant’s shoes would have responded as violently as the defendant did”
feticide the crime of killing a fetus
deadly weapon doctrine one who intentionally uses a deadly weapon on another human being and thereby kills him is presumed to have formed the intent to kill
objective test of cooling-off-time requires that a reasonable person under the same circumstances would have had time to cool off
involuntary manslaughter an unintentional killing (mens rea) by a voluntary act or omission (actus reus)
murder killing a person with “malice aforethought”
second-degree murders murders that aren’t first-degree murders, including intentional murders that weren’t premeditated or deliberate, felony murders, intent to inflict serious bodily injury murders, and depraved heart murders
last-straw rule a smoldering resentment or pent-up rage resulting from earlier insults or humiliating events, culminating in a triggering event that, by itself, might be insufficient to provoke the deadly act
criminal negligence manslaughter death caused by a person who is aware that her acts create a substantial and unjustifiable risk of death or serious bodily injury, but acts anyway
manslaughter killing a person without malice aforethought
felony murder rule unintentional deaths that occur during the commission of some felonies are murder
paramour rule the common law rule that a husband who caught his wife in the act of adultery had adequate provocation to kill; today, it applies to both parties of a marriage
euthanasia helping another person to die
Created by: Martinr
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