taking property by force or the threat of force - a violent crime against persons and their property
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the first nonconsensual taking felony
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embezzlement
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the crime of lawfully gaining possession of someone else's property and later converting it to one's own use
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death penalty trial
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what murder that is extremely reckless but unintentional
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depraved heart murder
For example, he didn't intend to kill them but he knew he was creating a high risk that the board would kill someone and threw it anyways.
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The true test of premeditation
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is not the duration of time as much as it is the extent of the reflection.
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common law definition of rape
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intentional forced, nonconsensual, heterosexual vaginal penetration between a man and a women not his wife
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statutory rape
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to have carnal knowledge of a person under the age of consent whether or not accomplished by force
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Assisted suicide
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also known as euthanasia, we call helping other die (assisted suicide
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Unlawful Act Manslaughter
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unintended deaths occurring during the commission of nonhomicide offenses
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arson
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damaging or destroying buildings by burning
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criminal trespass
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the unwanted, unauthorized invasion of another person's property
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reform of rape law since the 1970s
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embrace a wide range of nonconsensual penetrations and contracts, even if they fall far short of violent
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asportation
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the act of carrying away or physically moving a victim of kidnapping
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rape shield statutes
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statutes that prohibit introducing evidence of victims' past sexual conduct
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murder as distinguished from manslaughter
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murder is killing a person with "malice aforethought," while on the other hand, killing a person without malice aforethought.
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Involuntary Manslaughter
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an unintentional killing (mens rea) by a voluntary act or omission (actus reus)
Mens rea- unintentional killing
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the central elements of manslaughter
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Actus Reus (voluntary act)
Mens Rea (general intent)
Circumstance
adds up to
Criminal Harm
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larceny
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taking and carrying away a person's property without the use of force and with the intent to permanently deprive the owner of possession
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The killing of an unborn child
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how sexual assault statutes have shifted their emphasis
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receiving stolen property
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benefiting from the theft of someone else's property without having participated in the wrongful acquisition in the first place
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states and the passage of theft statues
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most states have consolidated the old crimes of larceny, embezzlement, and false pretenses into one offense called theft.
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the elements of force and rape
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Actus Reus (voluntary act)
1. sexual penetration by
2. force or threat of force
Mens Rea (general intent)- is the intent to sexually penetrate
Circumstance- victim non-consent
adds up to
Criminal conducts-rape
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the most common type of rape
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acquaintance- nonconsensual sex between individuals who are known to one another
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the right that kidnapping and false imprisonment violates
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is called Personal Liberty
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what most of the law of criminal homicide is about
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all homicides that are neither justified nor excused.
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False Pretenses
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in modern law, often called "theft by deceit", making false representations concerning past or present facts with the intent to defraud another
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the uniform brain death act
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An individual who has suffered irreversible cessation of all brain functions, including those of the brain stem, is dead.
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Adequate Provocation
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the requirement that the provocation for killing in anger has to be something the law recognizes, the defendant himself had to be provoked, and that a reasonable person would have been provoked
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computer crime
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also known as cybercrime
crimes aimed at the valuable information contained in computer and wire-less devices, especially computer databases accessible through the internet
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Keeler v. Superior Court
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supreme court pushes back the definition of "person" to include fetuses before the birth process. Keeler was convicted of manslaughter for causing the death of his wife's unborn fetus by kicking her in the stomach.
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Criminal Mischief
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damaging or destroying personal property
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the defense of reasonable mistake of age
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a defense to statutory rape in California and Alaska if the defendant reasonably believed his victim was at or over the age of consent
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Battery
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unwanted and unjustified offensive touching
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Voluntary Manslaughter involving the intentional killing of another in the sudden heat of passion
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actual time between the provocation and the killing- seconds, hours, or even days qualifies as the "sudden heat of passion" depends upon the facts of the individual case.
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professionals who sell stolen property for profit
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Fences
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extortion
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the practice of obtaining something, especially money, through force or threats
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Assault
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an attempt to commit battery or intentionally putting another in fear
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robber
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even slightly mishandling the victim like a push turns the pickpocket into a what