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Review CH 9 & 10
review for chapter 9 and 10
| Term | Definition |
|---|---|
| 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
Popular Criminal Justice sets