Business And Personal Law Chapter 2

Front 1

An offense committed against the public good or society that is punishable by fine, imprisonment, or both

Back 1

Crime

Front 2

What 2 conditions must exist for a crime to be committed?

Back 2

1.It is prohibited by the law of the place where it is committed
2.The law provides for the punishment of the offenders

Front 3

The party that accuses a person of a crime

Back 3

Plaintiff

Front 4

The government official who brings the case against the defendant

Back 4

Prosecutor or District Attorney

Front 5

The person who is accused of a crime

Back 5

Defendant

Front 6

A major crime punishable by a fine, imprisonment for a term exceeding 1 year, or death

Back 6

Felony

Front 7

A less serious crime with a less serious penalty of a fine, jail time (less than 1 year), or both

Back 7

Misdemeanor

Front 8

A minor offense that is usually punishable with a fine and not jail time
Examples: traffic violations, and parking tickets

Back 8

Infraction

Front 9

Can the Federal government make criminal laws?

Back 9

No - the only exception to this rule is counterfeiting

Front 10

What are the 2 elements of a crime?

Back 10

1. Criminal Act
2. Required state of mind (intent)

Front 11

Can inaction or failure to act ever be a crime?

Back 11

Yes - example: not registering for the draft

Front 12

Can a person's condition such as alcholism or drug addiction be considered a crime?

Back 12

No

Front 13

Must the prosecution show motive for a crime to convict someone?

Back 13

No

Front 14

Which defense to a crime is characterized by a person incapable of knowing what they were doing?

Back 14

Insanity Defense

Front 15

Whatt does the M'Naughten ruling of 1943 say?

Back 15

A defendant should not be held responsible for his actions if he could not tell that his actions were wrong (morality) at the time that he committed them

Front 16

A defendant will not be held criminally responsible if at the time of his behavior, he has a mental disease or defect (medical professionals) but lacks “substantial capacity “to understand what he was doing or to change his conduct

Back 16

ALI standard: (American Law Institute)standard used in Illinois to determine "Insanity"

Front 17

The part of the law that excused a defendant for lack of capacity to control his actions was eliminated with this act due to the John Hinkley Jr. case

Back 17

Insanity Defense Reform Act 1984

Front 18

When someone is using the "insanity defense" who has the burden to prove beyond a reasonable doubt that the defendant is insane?

Back 18

The Defendant must prove that they are "insane" beyond a reasonable doubt

Front 19

What are the 2 types of insanity pleas?

Back 19

1. Cognitive Insanity
2. Irresistible Impulse

Front 20

This insanity plea states that the defendant did not know the nature of the act or if they knew the nature of the act , they did not know it was wrong.

Back 20

Cognitive Insanity Plea

Front 21

What type of insanity plea is it when the defendant knows right from wrong but cannot stop themselves

Back 21

Irresistible Impulse Insanity Plea

Front 22

With this type of insanity plea, the defendant if found guilty is sent to a mental institution until he is cured and then goes to prison to serve out his term

Back 22

Guilty but mentally ill plea

Front 23

A defense used by the accused that he/she was briefly insane at the time the crime was committed regardless of the accused’s sanity at the time of the trial

Back 23

Temporary Insanity Plea

Front 24

The effects of alcohol and drugs are known in advance

Back 24

Forseeablility test

Front 25

The act of a law enforcement agent in inducing an individual to commit a crime that the individual would not have or most likely not have otherwise committed

Back 25

Entrapment

Front 26

This defense allows for the use of deadly force anytime a faultless victim reasonably believes that unlawful force will cause death or serious bodily harm to him

Back 26

Self Defense

Front 27

This defense states thatAttempting to run away is not necessary if you are in your own home

Back 27

Castle Defense

Front 28

Allows you not to have to run while at work or in your car (FLA)

Back 28

Stand your ground laws

Front 29

What two characteristics must each crime have?

Back 29

1. an exact definition of the crime in the law
2. a definite punishment that goes along with the crime

Front 30

The killing of one human being by another

Back 30

Homicide

Front 31

Takes place when a police officer kills a criminal or a soldier kills the enemy in the line of duty or self defense

Back 31

Justifiable Homicide

Front 32

When someone is killed by accident and no one is at fault

Back 32

Excusable Homicide

Front 33

The intentional killing of another person

Back 33

Murder

Front 34

What are the 3 possible conditions for 1st degree murder?

Back 34

1. Killing someone with “premeditation” (Planning the murder in advance)
2. Killing someone in a cruel way (torture) (movie)
3. Killing someone while committing a felony such as rape, robbery, or kidnapping

Front 35

Most death penalties are applied in Illinois for these two conditions

Back 35

1.Multiple Murders
2.Done in the course of a felony murder

Front 36

The unlawful killing of a person without intending to do so

Back 36

Manslaughter

Front 37

What is the main difference between manslaughter and murder?

Back 37

Murder is done with malice and intent

Front 38

One person intends to kill another but is done so suddenly without a prior plan while under great personal distress

Back 38

Voluntary Manslaughter

Front 39

Someone kills another person accidentally while committing a reckless or unlawful act

Back 39

Involuntary Manslaughter

Front 40

The threat of violence (or attempt to commit a battery)

Back 40

Assault

Front 41

The actual physical violence (the unlawful touching of another person)

Back 41

Battery

Front 42

The assault or battery has to be done with a deadly weapon
Be done with intent to murder
Be done with intent to commit rape
Be done with intent to commit robbery

Back 42

Aggravated assault or battery

Front 43

Unlawful removal or restraint of a person against that person’s will usually for one of the following

Back 43

Kidnapping

Front 44

All forms of kidnapping in Illinois are treated as felonies. True/False

Back 44

True

Front 45

Intercourse with a minor with or without force or consent

Back 45

Statutory Rape

Front 46

Sexual assault by a friend or date

Back 46

Date Rape

Front 47

”- the wrongful taking of someone’s property by threatening or using violen

Back 47

Robbery

Front 48

The main difference between robbery and larceny is

Back 48

The use of violence or threats

Front 49

The intentional and malicious destruction of or damage to the property of another

Back 49

Vandalism

Front 50

the willful and malicious destruction of property by means of fire or explosives
In Illinois damage done to property by means of fire or explosives over $150 is classified as arson

Back 50

Arson

Front 51

wrongful taking of another person’s property by a person who has been entrusted with that property

Back 51

Embezzlement

Front 52

Sometimes called “Larceny by false pretenses”: the taking of someone’s money or property by intentionally deceiving that person

Back 52

Fraud