particular crime of their actions intent they re doing 1 Why are the police sometimes called the gatekeepers to the criminal justice Exam 3 CJE3110 Chapters 6 7 and statutes process a Because it is there decision to arrest a person and then triggering the criminal justice process Officer then prepares an affidavit for the court which outlines the details surrounding the criminal event and the officer tells the court what info they used to formulate probable cause 2 Explain how corpus delicti mens rea and actus rea relate a Corpus delicti body of a crime 2 parts mens rea and actus rea b Mens rea guilty mind mental state of subject c Actus rea pertains to the elements or physical acts that define a d These three relate because they are what criminal acts consist of 3 Give some examples of a lack of mens rea a A person with a mental disability may not understand the consequences b Children usually around 7 10 do not have the ability to form criminal c Someone suffering from a psychological disorder might not know what d An elderly person who is senile can fall in this category e An officer many put them into protective custody for safety reasons if they re dangerous to themselves others or property 4 What is the difference between a felony and a misdemeanor a Felony a serious crime punishable by more than one year imprisonment to one year b Misdemeanor minor crime that carries a maximum confinement of up c Different penalties for different states Example One state a bike valued at 250 stolen could be a felony while another state it wouldn t 5 Define homicide a The killing of one human being by another 6 What does a justifiable homicide mean a The use of lethal force to prevent serious injury or death to another or to oneself i Example Police officer responds to robbery and sees a man with mask running out of jewelry store shooting his gun inside at people and police officer kills him 7 To what does an excusable homicide refer a Refers to a death which results from an accident or sheer misfortune i Example construction worker fixing a window high up puts a sign on the ground warning passers and his hammer slips and falls and strikes a pedestrian and killed them 8 What constitutes murder a It is committed purposely or knowingly or it is committed recklessly under circumstances manifesting extreme indifference to the value of human life 9 What is first degree murder a Murder that involves malice aforethought deliberation and 10 Define malice aforethought deliberation and premeditation a Malice aforethought intent to commit a felony or to cause death or premeditation serious harm b Deliberation the person has thought over the consequences and has still decided to kill the victim c Premeditation implies that the person planned to carry out the killing 11 What is included under manslaughter a An unlawful murder characterized by a lack of premeditation Voluntary manslaughter or involuntary An intermediate crime which lies half way between the more serious crime of murder at the one extreme and at the other extreme justifiable or excusable homicide 12 What four conditions make up heat of passion a Provocation must be reasonable b Death must take place during the heat of passion c There must not be a chance for a cooling off period during the time lapse between the provocation and the killing d Suspect must have acted in the heat of passion 13 Explain the standard reaction of a reasonable person a There must be some act of physical force such as an assault a battery or mutual combat 14 Contrast voluntary from involuntary manslaughter a Voluntary A death occurs during some extraordinary set of circumstances and where the deceased has provoked the offender i Aggressor intends to hurt the other party but is not trying to kill them b Involuntary manslaughter Negligence or recklessness can produce this type of homicide i Negligence and recklessness behavior that exposes others unnecessarily to the risk of death or serious bodily injury 15 What is the felony murder rule a If a person dies during the course of a felony that is dangerous to life robbery burglary sexual battery arson kidnapping the suspect is responsible for that death Falls into the first degree murder category 16 Compare simple assault simple battery aggravated assault and aggravated battery a Assault is when one person threats another person Battery is an assault taken out striking a person against their will b Simple assault Simple assault is a misdemeanor absence of a deadly weapon Slaps someone c Aggravated assault Felony presence of a deadly weapon is there Hammer d Simple battery Does not involve a weapon e Aggravated battery Uses a weapon or an item as a weapon 17 What is the difference between rape and sexual battery a Rape was male could only be offenders only forced sexual intercourse punishable by death capital crime 18 What are the elements of sexual battery a Sexual battery is any oral anal vaginal penetration or union by the sexual organ of another or with any object must be non consensual The use of force or the threat of force makes the victim submit a Common law does not recognize a husband as being capable of raping 19 What is spousal immunity his own wife 20 What are the elements of robbery a Unlawful taking of money or property from a person through force violence or fear of harm Involves a theft directly from a person coupled with either an assault or a battery b Most important part Victim is present at the time of the taking 21 Contrast armed robbery with strong armed robbery a Armed robbery Crook uses a firearm or some other weapon to carry b Strong armed robbery robber uses physical but does not brandish a out the crime weapon 22 Compare and contrast kidnapping with false imprisonment a Kidnapping involves the unlawful restriction of a person s ability to move about freely and relocate to another place b False imprisonment Suspect forcibly detains the victim against their will but does not relocate the victim to another spot 23 What is the difference between petty and grand theft a Petty theft involves taking property valued at less than some statutorily predetermined amount b Grand theft is the taking of property over that set figure i Florida the amount is 300 varies state to state 24 What is embezzlement a Fraudulent conversion of someone else s property 25 What other types of behavior does larceny theft cover a Passing worthless or bad checks identity theft mail fraud securities violations confidence
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