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criminology midterm
| Term | Definition |
|---|---|
| formation of crimes | in order for a crime to be formed in the U.S, one must find these two elements at the same time. (mens rea) (actus rea) |
| mens rea | mental capacity |
| actus rea | act itself; speaks of a voluntary physical act. |
| act of omission | where one had a duty to act, but failed to do so |
| doctrine of respondeat superior | an employer is responsible for the actions of its employees performed during the course of their employment |
| good samaritan laws | offer legal protection to people who give reasonable assistance to those who are, or whom they believe to be injured, ill, in peril, or otherwise incapacitated. |
| larceny | the trespassory taken and carrying away (asportation) of another person's property, with the intent to permanently deprive |
| burglary | the breaking and entering of a dwelling place in the nighttime to commit a crime therein |
| robbery | the trespassory taken and carrying away (asportation) of another person's property when facilitated by the use of force |
| escape | at common law, is defined as evading or departing from the lawful custody of a police officer and/or escape from prison |
| arson | defined at common law as the malicious burning of a dwelling place. |
| kidnapping | defined at common law is the unlawful restraint of a person's liberty by force or by show of force |
| felony murder | breaks: burglary, robbery, arson kidnapping, sex crimes |
| intent to kill | planning, scheming |
| gross disrespect for human life | type of murder where an individual acts with a "depraved indifference" to human life and where such act results in a death despite that individual not explicitly intending to kill. |
| serious bodily injury | involves— (A) a substantial risk of death; (B) protracted and obvious disfigurement; or (C) protracted loss or impairment of the function of a bodily member, organ, or mental faculty. |
| McNaughton Rule | a standard in which a criminal defendant is considered to have been insane at the time of an act (as a killing). every man is presumed to be sane and to possess a sufficient degree of reason to be responsible for his crimes until the contrary is proven |
| ALI Rule | a defendant will not be held criminally responsible if at the time of the behavior in question was a result of a mental disease or defect. if he lacks enough capacity to either appreciate the criminality of his conduct. |
| voluntary manslaughter | a killing supported by malice negated by a heat of passion, reckless, or negligent criminal intent. Voluntary manslaughter is a killing that occurs during an adequately provoked heat of passion |
| involuntary manslaughter | speaks of not intending to bring about the death of another, but where one fails to exercise due care (reckless duty) that brings about the death of another |
| elements of negligence | duty (duty of care) breach of duty cause (proximity or actual) foreseeability damages ( for involuntary, damages replaced w death) |
| duty of care | a dangerous condition on a landowner's property that may particularly attract children onto the land and pose a risk to their safety. |
| contributory negligence | the plaintiff's failure to exercise reasonable care for their safety |
| assumption of risk | at common law, a plaintiff's inability to recover for the tortious actions of a negligent party in scenarios where the plaintiff voluntarily accepted the risk of those actions |
| the fourth amendment stands for the proposition that citizens shall be free from searches and seizures (warrantless) except for: | BACHPIES |
| the following are considered suspect classification | R (race) A (alienage) N (nationality) |
| specific intent crimes | show specific intent, always requires mens rea (McNaughton and ALI) |
| general intent crimes | no mens rea is required by the state has a matter of public policy (therefore because drunk driving is inherently dangerous, it is also illegal) |
| malum in se | crimes that are inherently bad or evil, violates the natural, moral, or public principles of a civilized society |
| malum prohibitum | crimes that are not inherently bad but are prohibited by statue, is only wrong bc statues makes it so. (i.e., driving over speed limit, jaywalking, graffiti) |
| false pretenses | speaks of obtaining title to property induced by fraudulent misrepresentation (consent was given) and with the intent to defraud |
| embezzlement | convergence of property held pursuant to a trust/agreement (trust relationship). method is use of property in a way inconsistent with the terms of agreement |
| assault and battery | if someone if guilty of battery, there is a presumption that assault occurred. (assault precedes battery) |
| assault | speaks of the placing of another in immediate apprehension of bodily fear. must reasonably feel immediate apprehension or fear |
| battery | speaks of the harmful and/or offensive touching of another without consent |
Created by:
sophiemaginniss3