prove criminal intent if theres strong if violent crime likely

Prove criminal intent if theres strong if violent

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prove criminal intent if there’s strong evidence 15-17 – if violent crime, likely to be tried as an adult o Punishment is different = go to juvenile, but mainly rehabilitation because they’re still impressionable Insanity o Don’t think rationally o Rarely ever succeeds Intoxication o Voluntarily = rarely a good defense o Involuntarily = can be a good defense Mistake o The law was not reasonably made known to the public o The defendant reasonably relied on an erroneous but official statement of the law Entrapment o If police not only create an opportunity for a criminal act but also persuade the defendant to commit a crime that he or she wouldn’t commit otherwise Self-Defense o Permits only the degree of force reasonable under the circumstances o Deadly force can be used if D has a reasonable belief that imminent death or grievous bodily injury will otherwise result o Can’t shoot in back of fleeing assailant 27
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Immunity o D’s often agree to testify against other criminals in return for consideration at time of sentencing and perhaps immunity from some charges Theft o Larceny = just regular theft Petty = misdemeanor (shoplifting) Grand = large items, felony Over $500 Varies from state to state o Burglary Trespassing without permission and intent to commit a crime inside Burglary with a weapon = aggravated burglary o False Pretenses Obtaining goods by false pretenses or by knowingly making a false representation of existing fact to defraud victim of property o Embezzlement The fraudulent conversion of the property of another by one who has possession of it Can be anything they are entrusted with Treasurer takes $10 mil from company Always a felony Specialized Statutes o Robbery = stealing from someone in their presence by use of force or threat of force Weapon = aggravated robbery Not stealthy or pickpocketing o Forgery False making or altering of a legal document with intent to defraud Arson o Malicious burning of the dwelling house of another o People who burn own home for insurance money which is also fraud Mail and wire Fraud o Use of mail or telephone/TV to defraud o Make false representations to sell products Travel Act 28
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o Anyone who travels in interstate commerce and uses commerce Distribute the proceeds of illegal activity Commit any crime of violence or further any unlawful activity Promote, manage, establish any unlawful activity Hobbs Act o Punishes anyone who “in any way or degree obstructs, delays or affects commerce or the movement of any article or commodity in commerce by robbery or extortion” Racketeer Influenced and Corrupt Organizations Act (RICO) o Originally created to attack organized crime, especially its infiltration into legitimate business o Provides both criminal penalties and civil suits for damages o Civil Liability Civil remedies for winning party Attorney’s fees are paid by loser Court costs Treble damages = pay 3x what the actual damages are o Criminal Liability Fines up to 250k 20-year conviction
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