ch 8 and 9 law test

an example of a strict liability crime

what example would this be?
selling alcohol to a minor

an example of an accessory after the fact

what example is this?
after seeing the robber on the news, a man helps the robber avoid capture by police.

principle

the person that commits the crime

an act that is in violation of the law and a guilty state of mind

almost all crimes require two parts :

false

t/f- a prosecutor only must prove some of the elements of a specific crime for a conviction

false

t/f- the penalty associated with accessory before the fact is less severe than being the principle criminal

not filing tax returns

what is an example of a crime of omission?

solicitation, attempt, conspiracy

examples of preliminary crimes

two or more

how many people need to be involved in the crime to be convicted of conspiracy?

Overt act

what type of act should be present in a conspiracy?

assault

an attempt to carry out an attack on another person

battery

any contact inflicted by one person upon another person without consent

malice

an intent to kill or seriously injure someone or something

aggravated battery

caused with a weapon and the amount of harm that is caused

False

t/f- sexual assault has to include the use of force

rape

non-consensual intercourse

statutory rape

doesn't need a lack of consent; the age difference is what matters

rape shield laws

prevent using the victims sexual history from being used against them.

intent, knowledge of the crime, and willingness

a guilty state of mind requires:

an example of an accessory before the fact

what example would this be with?
mob boss who hires a professional killer

motive

the reason for doing the act

strict liability crimes

crimes that do not require a guilty state of mind

accomplice

someone who helps another person commit a crime

solicitation

to ask, command, or urge an individual to commit a crime

attempt

when someone performs all of the elements of a crime but fails to achieve the criminal result

conspiracy

an agreement between two or more persons to commit a crime

preliminary crimes

certain types of behavior take place before, and is usually in preparation to a crime

crime of omission

failure to act is a crime if an individual has a legal duty to act and is physically able to act

strict liability crime

crimes that don't require a guilty state of mind

homicide

the killing of another human being

homicide, assault, battery, and rape

crimes against the person include.....

criminal homicide

Committed with intent or a plan

non-criminal homicide

Classified as either excusable or justifiable and is not subject to criminal charges

murder

_____________ is the most serious form of homicide

first degree murder

killing that is premeditated, deliberate, and done with malice

felony murder

the killing of someone during the commission of certain felonies such as arson, rape, robbery, or burglary

second-degree murder

killing that is done with malice, but without premeditation or deliberation

voluntary manslaughter

killing that would otherwise be murder but that occurs after the victim has done something to the person that would cause a reasonable person to lose self-control or act rashly

involuntary manslaughter

killing in which there is no intent to kill at all

negligent homicide

causing death through criminal negligence

suicide

the deliberate taking of one's own life

assisted suicide

someone who helps another person commit suicide

simple battery

defined by the harm inflicted to the victim

stalking

considered an assault and is present when an individual repeatedly follows or harasses another person and makes threats, causing the victim to fear death or bodily harm

sexual assault

specific kind of assault that can include rape or attempted rape

consent is not an element of the crime

how is statutory rape different from rape?