Threat to commit a crime - Answer- Elements:
-Communicate
-Crime
-Reasonable fear
Right of arrest: Complaint only
Sources of Criminal Law -
... [Show More] Answer- Statutes
Common law
Regulations
Six Kinds of Intent - Answer- Specific Intent
Malicious
General Intent
Reckless
Negligent
Strict Liability
Three Rights of Arrest - Answer- Arrest Warrant
Warrantless Arrest
Complaint Application
Three ways an officer can arrest on misdemeanor - Answer- Statute Past
Statute Present
Breach & Present
Statute of limitations for murder - Answer- No limit
Statute of limitations for child sexual offenses - Answer- 27 years, or no limit if independent evidence is found that corroborates victim's story
Statute of limitations for adult sexual offenses - Answer- 15 years
Statute of limitations for robbery & incest - Answer- 10 years
Most other offenses - Answer- 6 years
Statute of limitations if victim was under 16 at time of crime - Answer- Period does not begin until victim reaches age of 16, or violation is reported to LE, whichever happens first
Statute of limitations for prostitution - Answer- 1 year
Accomplice - Answer- Elements:
-Intentional Participation
-Criminal Mindset
Right of arrest: depends on crime
Penalty:
-Exactly the same as principal
Accessory after the fact - Answer- Elements:
-Knowledge of felony
-Assist
-Felon
-Intent to avoid arrest
Right of Arrest: Felony
Attempt to commit a crime - Answer- Elements:
-Specific Intent
-Overt Act
-Failure
Right of Arrest:
-felony if attempt is felony punishable by at least 5 years
-complaint if attempt is felony punishable by less than 5 years or any misdemeanor
-warrantless arrest in presence if attempt involves any larceny
Conspiracy - Answer- Element:
-agreement between two or more people to do something unlawful
Right of Arrest:
-if conspiring to commit felony: felony
-if conspiring to commit misdemeanor: complaint
Solicitation of a felony - Answer- Elements:
-solicit
-intent
Right of arrest:
-never been decided, get a warrant
Extortion - Answer- Elements:
-Communication
-Suspect maliciously intended to accuse another of a crime, injure the person or property of another, or use power invested in suspect against another
-Intent to get something
Right of arrest: felony
Assault - Answer- Elements:
-Attempted Battery, or
-Threatened Battery
Right of Arrest: arrest for breach in presence, complaint if not
Assault by Dangerous Weapon - Answer- Elements:
-Assault
-Dangerous weapon
Right of arrest: felony
Assault and Battery - Answer- Elements:
Intentional
-Intentionally touched
-Without having the right
-Cause physical harm or person did not consent
Reckless
-Suspect engaged in reckless conduct
-Caused bodily harm to another
Right of arrest:
-arrest for breach in present, complaint if not
-certain factors make it a felony
A&B by Dangerous Weapon - Answer- Elements:
-A&B
-Dangerous weapon
Right of arrest: felony
Mayhem - Answer- Elements:
Specific Acts
-Suspect maliciously intended to maim or disfigure, and committed cutting out or maimed the tongue; put or destroyed an eye; cut or tore off an ear; cut, slit or mutilated the nose or lip; or cut off or disabled a limb or member of the victim
Dangerous substance or weapon
-Suspect maliciously intended to maim or disfigure, and assaulted the victim with dangerous weapon or substance, and disfigured, crippled, or inflicted serious or permanent physical injury
Privy
-suspect was privy to someone else's intent to maim
Right of arrest: felony
A&B on a Public Employee - Answer- Elements:
-A&B
-Public Employee
-Duty
Right of Arrest:
-Arrest for breach in presence, complaint if not
-Felony if attempt to disarm police officer
Interfering with a Police Officer - Answer- Elements:
-Intimidate, hinder, or interrupt
-Police officer
-Duty
Right of arrest: arrest for breach in presence
Neglect or refusal to assist officer - Answer- Elements:
-Person required by police
-Neglected or refused assistance
Right of arrest:
-Arrest for breach in presence, complaint if not
Resisting Arrest - Answer- Elements:
-Prevent or attempt
-Police officer
-Arrest
-Force, threat, or risk of injury.
Right of arrest:
-officer is already making an arrest, considered a breach
Right to know grounds for arrest - Answer- Elements:
-An officer arrested a person and refused to tell reason for arrest, answered untruthfully, or neglected to exhibit warrant
Right of arrest: complaint
False arrest - Answer- Elements:
-pretended to have legal process or pretended to have different legal process
Right of arrest: complaint
False name or SSN following arrest - Answer- Elements:
-Knowingly
-False name or SSN
-Police
-Post-arrest
Right of arrest: not applicable
Note: must prove use of false name
Escape from police lockup - Answer- Elements:
-suspect was lawfully placed into custody of a jail and escaped
Right of arrest: arrest for breach in presence, complaint if not
Aiding prisoner in police custody - Answer- Elements:
-Suspect aided or assisted in escaping or attempting to escape from lawful custody
Right of arrest: arrest for breach in presence, complaint if not
Second Degree Murder - Answer- Elements:
-Suspect committed an unlawful killing
-With malice
Right of arrest: felony
First Degree Murder - Answer- Elements:
-Suspect committed an unlawful killing
-With malice
-Aggravating factor of deliberate premeditation, extreme atrocity or cruelty, or commission or attempted commission of a crime punishable by life
Right of arrest: felony
First degree felony murder - Answer- Elements:
-Same as first degree murder without intent or malice....usually during the commission of inherently dangerous crime
Right of arrest: felony
Second Degree felony murder - Answer- Elements:
-Homicide doing the commission of a felony that is not punishable by life
Right of arrest: felony
Voluntary Manslaughter - Answer- Elements:
-suspect unlawfully and intentionally used force in circumstances where the suspect experienced adequate and reasonable provocation which caused the death of another
Right of arrest: felony
Involuntary manslaughter - Answer- Elements:
-Suspect unlawfully and unintentionally
-Caused the death of another by committing an A&B that endangered human life or recklessly engaged or failed to act in a manner that disregarded the clear risk of substantial harm
Right of arrest: felony
Kidnapping - Answer- Elements:
-Unlawful
-Intentionally:
-forcibly confined another against their will
-inveigled another with the intent to confine
Right of arrest: felony
Parental or relative kidnapping - Answer- Elements:
-Child under 18
-suspect was a relative
-suspect took, held, or enticed the child from lawful custodian
-Incompetent person
-suspect took or enticed any incompetent person entrusted by authority of law to the custody of another person
Right of arrest:
-If offender exposed a child or incompetent person to danger, or removed a child from the commonwealth, felony
-If offender does not expose child or incompetent person, or remove them from the commonwealth, arrest for breach in presence. Complaint if not
Enticement for sex or violence of a child under 16 - Answer- Elements:
-suspect enticed
-a child under the age of 16, or someone they believed to be under 16
-to enter, exit, or remain in any vehicle, dwelling, building, or any other outdoor space
-with intent that suspect or another would violate various sex or violent statutes [Show Less]