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Criminal Law Review2

Criminal Law Review ch. 9-10

QuestionAnswer
There are more criminal homicides committed than violent felonies? True or False False
What is the born-alive rule? the rule 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
In how many states is it a crime to kill a fetus? 24 states
Can a fetus be considered a homicide victim? Yes
What is the crime of killing a fetus? feticide
What is the difference between murder and manslaughter? murder is killing a person with "malice aforethought". Manslaughter is killing a person without "malice aforethought"
What are the 3 kinds of homicide? justified homicide, excusable homicide and criminal homicide
Depraved heart murder is an innocent and accidental killing. True or False False
List the two kinds of first-degree murder 1. premeditated, 2. felony murders
First degree murder is the only crime today in which the death penalty can be imposed: True or False True
What does the bifurcation procedure mandate? that the death penalty decision be made in 2 phases; trial to determine guilt and if guilt is found, a second proceeding to consider aggravating factors for and mitigating factors against capital punishment
What is the 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
What is manslaughter? voluntarily or involuntarily killing another person
What constitutes voluntary manslaughter? intentionally killing of another person. Involves the murder, actus rectus, mens rea, causation and death
The paramour rule applies to husbands and wives: True or False True
Euthanasia can also be called assisted suicide: True or False True
Define common law rape intentional, forced or non-consensual vaginal penetration between a man and a woman, not his wife
Define common law sodomy anal intercourse between two males
What is the difference between aggravated rape and unarmed acquaintance rape? aggravated rape is rape by strangers or individuals with weapons who physically injure victims, acquaintance rape is non consensual sex between individuals who know each other
Acquaintance rape victims are less likely to report their rapes: True or False True
Define the criminal sexual conduct statutes comprehensive statutes that replaced the single crime of rape with graded offenses
How do the criminal sexual conduct statutes reform the trial of rape? eliminates the requirement that victims have to prove non-consent, eliminates that a prosecutor has to corroborate the victim's testimony, restricts the introduction of a victim's prior sexual history, makes rape applicable to marital couples
Name the 3 elements of rape actus rectus, mens rea, circumstance
What resistance standard changed post 1950's? Define this standard The utmost resistance standard changed which required that rape victims had to use all the physical strength they had to prevent penetration to prove that they did not consent to the rape
What did the utmost resistance standard change to after 1950? it changed to the reasonable resistance rule which provides that the amount of force required to repel rapists shows non-consent
In rape cases: requires only the amount of force necessary to accomplish penetration Intrinsic force
In rape cases: requires physical effort in order to accomplish penetration extrinsic force
A study taken from 1995-2013 shows that 80% of female students from the ages of 18-24 did not report rape: True or False True
In what historical experiment did cultural cognition play a role? The Kahan Berokwitz Experiment
objective fear means that the victim feared imminent and serious bodily harm: True or False False
What is asportation? the act of carrying away or physically moving a victim of a kidnapping
Stalking is a crime: True or False True
What is the difference between assault and battery? battery is unjustified/unwanted offensive touching and assault is an attempt to commit battery or intentionally putting someone in fear
Created by: nwood1128
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