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Criminal Law Review
Chapters 9 & 10 review
| Question | Answer |
|---|---|
| Spitting in anothers face as a form of insulting them is/ can be considered battery | True |
| Asportation | the act of carrying away or physically moving a victim of kidnapping |
| As of 2018, 20 states have the death penalty | False, as of 2018 there are 30 states which have the death penalty. |
| "Excessive bail shall not be required, nor excessive fines imposed nor cruel and unusual punishments inflicted." | 8th amendment |
| Unwanted and unjustified offensive touching | Battery |
| Aggravated kidnapping is a class B felony | True |
| First state to adopt discretionary death penalties statutes in 1838 was _____ | Tennessee |
| Furman V. Georgia | the United States Supreme court halted alll death sentences stating there was too many inconsistincies |
| 2 degrees Kidnapping is usually divided into | Simple and Aggravated |
| The court considers what 4 things when considering a rape victims fear as reasonable? | 1. Defendant and Victims age 2. Mental condition of victim and defendant 3. Physical setting of assault 4. Position of authority, domintation, and custodial control by defendant |
| The mere fact of moving the victim satisfies asportation requirement | People V. Chessman |
| _____ is the crime of killing a fetus | Feticide |
| The penalty for aggravated kidnapping is usually life imprisonment | True |
| Having specific intent to commit battery and taking steps towards carrying it out without committing the act is _________. | Attempted Battery Assault |
| Rape ranks only second to _____ as most serious crime in the United States law and society | Murder |
| Cyberstanlking is not as frightening as being watched in public or in your home | False, Cyberstalking can be just as frightening and as real as being followed and watched in your neighborhood or in your home. |
| Kidnapping consists of __ elements | 6 |
| The most common aggravating circumstances include kidnapping for the purpose of | Sexual invasions, obtaining a hostage, robbing the victim, blackmailing, achieving political aims, obtaining ransom, terrorizing the victim, murdering the victim |
| California supreme court reule dthat its not the number of feet the carjacker moved the victims, but the "quality and character" of his movement that matters in asportation | People V. Allen |
| The decision of the death penalty must be made in __ phases | 2, trial and Punishment |
| In 2016 there was a total of 2,943 death row inmates in the United States | True |
| What are the 3 types of involuntary manslaughter | Reckless, Negligence, Misdemeanor |
| Disciplining your child is a form of battery | False |
| Intentionally scaring another by following, tormenting, or harassing them is | Stalking |
| The ____ is a "fertile ground for stalking" | Internet |
| The first recorded execution was in ____ within the Jamestown colony in Virgina | 1608 |
| Killing committed in a sudden heat of passion upon adequate provocation | Voluntary Manslaughter |
| What are the 3 types of homicide | Justifiable, Excusable, and Criminal |
| False imprisonment is defined as | Compelling a person to remain where he does not wish to remain |
| Statutes that made stalking a crime started in what State? | California |
| In homicide actus reus, knowing the mentod of killing is vital information | False |
| Cyberstalking | Use of the internet, email, or other electronic communication devices to stalk another person throught threatening behavior |
| The attempt to commit battery or intentionally putting another in fear | Assault |