C Flashcards
HOMICIDE
1) MURDER
2) MANSLAUGHTER
INTENT TO KILL- MURDER:
PREMEDITATED KILLING
SPECIFIC INTENT
INTENT TO INFLICT SRS BODILY HARM
NO SPECIFIC INTENT TO KILL
FELONY MURDER
A DEATH OCCURS WHILE COMMITTING A DANGEROUS FELONY
BURGLARY
ARSON
RAPE
ROBBERY
KIDNAPPING
DEPRAVED HEART
RECKLESS DISREGARD FOR HUMAN LIFE
(KNEW OR SHOULD HAVE KNOWN SOMEONE COULD DIE)
MANSLAUGHTER
VOLUNTARY
INVOLUNTARY
VOLUNTARY MANSLAUGHTER
ADEQ PROVACTION
HEAT OF PASSION
NO TIME TO COOL OFF
INVOLUNTARY MANSLAUGHTER
NEGLIGENT CONDUCT CAUSING A DEATH
RECKLESSNESS
KNEW OR SHOULD HAVE KNOWN OF THE CONSEQUENCES
NEGLIGENT V RECKLESS
RECKLESS= PPL PRESENT
NEGLIGENT= NO PPL PRESENT
IMPERFECT SELF DEFENSE
USE OF EXCESSIVE FORCE
HONEST BELIEF
VOLUNTARY MANSLAUGHTER
PARENT NEGLECTING A CHILD
PARENT DOES NOT GIVE CARE TO CHILD
INVOLUNTARY MANSLAUGHTER
SPECIFIC INTENT CRIMES
LARCENY
LARCENY
1) TRESPASSORY TAKING
2) CARRYING AWAY
3) PERSONAL PROP OF ANOTHER
4) W INTENT TO PERM DEPRIVE
CONTINUING TRESPASS
EXCEPTION TO LARCENY
WRONGFUL TAKING W/O PERMISSION
BURGLARY
1) BREAKING AND ENTERING
2) DWELLING OF ANOTHER
3) AT NIGHTTIME
4) W INTENT TO COMMIT A FELONY
BURGLARY- INTENT:
INTENT MUST BE PRESENT AT THE MOMENT OF THE BREAKING
FELONY DOES NOT HAVE TO BE ACTUALLY COMMITTED
LARCENY MERGES INTO
ROBBERY
ROBBERY
1) TRESPASSORY TAKING
2) CARRYING AWAY
3) PROP OF ANOTHER
4)BY FORCE, INTIMIDATION , OR FEAR
ASSAULT
INTENT TO COMMIT A BATTERY
ASSAULT-TORT
INTENT TO PLACE ANOTHER IN IMMINENT FEAR
WORDS ARE NOT ENOUGH
LARCENY BY TRICK
OBTAIN POSSESSION TO PROPERTY BY FALSE STATEMENT
(1 WAY)
FALSE PRETENSES
OBTAIN TITLE BY FALSE STATEMENT
(2 WAY)
EMBEZZLEMENT
1) LAWFUL POSSESSION OF PERSONAL PROPERTY
2) CONVERTED FOR OWN USE
RECEIVING STOLEN PROPERTY
1) PHYS POSSESSION OF STOLEN PROPERTY
2) KNOWLEDGE THAT IT WAS STOLEN
3) INTENT TO KEEP
FORGERY
1) FRAUDULENT MAKING OF A FALSE DOC
2) W LEGAL SIGNIFICANCE
3) INTENDED WRONGFUL USE
ACCOMPLICE LIABILITY
1) SPECIFIC INTENT TO ACHIEVE THE CRIME
2) AID/ABET THE COMPLETION OF THE CRIME
ACCOMPLICE IS GUILTY OF __ CRIMES COMPLETED
ALL
ACCESSORY B4 THE FACT
NOT PRESENT AT SCENE OF CRIME
ACCESSORY AFTER THE FACT
1) FELONY COMPLETED
2) KNOWLEDGE OF COMPLETED CRIME
3) AID TO AVOID ARREST/CONVICTION
GENERAL INTENT CRIMES
1) NO SPECIFIC INTENT REQ’D
2) THE ACT ITSELF IS ENOUGH
BATTERY
THE UNLAWFUL APPLICATION OF FORCE
ARSON
MALICIOUS BURNING OF THE DWELLING OF ANOTHER
MALICIOUS= RECKLESS
(KNEW OR SHOULD HAVE KNOWN)
RAPE
1) UNLAWFUL SEXUAL INTERCOURSE
2) BY MALE W A FEMALE
3) W/O CONSENT
KIDNAPPING
UNLAWFUL RESTRAINT OF A PERSONS FREEDOM BY FORCE
GENERAL INTENT CRIMES
BATTERY
RAPE
ARSON
KIDNAPPING
INCHOATE CRIMES
1) ATTEMPT
2) CONSPRIRACY
3) SOLICITATION
ATTEMPT
1) INTENT TO COMMIT CRIME
2)OVERT ACT/SUBSTANTIAL STEP
ATTEMPT- MERGER AND WITHDRAWAL
MERGES INTO COMPLETED CRIME
CANNOT WITHDRAW AFTER SUBSTANTIAL STEP
CL CONSPIRACY
1) TWO OR MORE PPL
2) SPECIFIC INTENT TO COMMIT CRIME
3) AGREEMENT
MPC- UNILATERAL CONSPIRACY
ONLY 1 PERSON HAS TO AGREE
CO CONSPIRATOR LIABILITY
LIABLE FOR ALL CRIMES COMMITTED IN FURTHERANCE OF CONSPIRACY
CONSPIRACY- MERGER
DOES NOT MERGE INTO COMPLETED CRIME
GUILTY OF BOTH CONSPIRACY AND UNDERLYING CRIME
CONSPIRACY- WITHDRAWAL
CANNOT WITHDRAW FROM THE CONSPIRACY
CAN WITHDRAW FROM OTHER CRIMES COMMITTED BY TIMELY NOTICE
SOLICITATION
ENCOURAGE, URGE, INCITE ANOTHER TO COMMIT A CRIME
SOLICITATION - MERGER & WITHDRAWAL
MERGES INTO COMPLETED CRIME
CANNOT WITHDRAW
INSANITY-M’NAGHTEN TEST
1) MENTAL DISEASE
2) CANNOT APPRECIATE “NATURE AND QUALITY” OF ACTION
3) CANNOT UNDERSTAND WHAT YOU ARE DOING IS WRONG
INSANITY-MPC
D LACKED “SUBSTANTIAL CAPACITY” TO APPRECIATE CRIMINAL CONDUCT
INSANITY-STANDARD OF PROOF
CLEAR AND CONVINCING
VOLUNTARY INTOXICATION
VOLUNTARILY GETTING DRUNK
DEFENSE TO SPECIFIC INTENT CRIMES
INVOLUNTARY INTOXICATION
INTOXICATION W/O KNOWLEDGE/CONSENT
DEFENSE TO ALL CRIMES
MISTAKE- SPECIFIC INTENT CRIME
REASONABLE AND UNREASONABLE MISTAKE ARE DEFENSES
MISTAKE- GENERAL INTENT CRIME
REASONABLE MISTAKE ONLY IS A DEFENSE
LEGAL IMPOSSIBILITY
ALWAYS A DEFENSE
ELEMENTS OF THE CRIME WERE NOT MET
ENTRAPMENT
1) LAW ENFORCEMENT CREATES CRIM ACTIVITY
2)D NOT PREDISPOSED TO COMMIT CRIME
FACTUAL IMPOSSIBILITY
NEVER A DEFENSE
ELEMENTS OF THE CRIME WERE MET
DURESS
REASONABLE BELIEF OF THREAT OF GREAT BODILY HARM
EXCEPTION TO DURESS
NEVER A DEFENSE TO MURDER
SELF DEFENSE
REASONABLE BELIEF IF IMMINENT DANGER BODILY HARM
RETURN THE SAME LEVEL OF FORCE
DEADLY FORCE ONLY ALLOWED FOR DEADLY FORCE
DEFENSE OF PROPERTY
1) REASONABLE FORCE TO DEFEND PROPERTY
2) NEVER DEADLY FORCE UNLESS FEAR OF BEING KILLED
UPON REQUEST A CT SHOULD INSTRUCT THE JURY ON A LESSER INCLUDED OFFENSE IF
ON THE EVID PRESENTED THE JURY MAY RATIONALLY ACQUIT THE D OF THE CHARGED OFFENSE BUT CONVICT OF THE LESSER OFFENSE
A JURYS CONVICTION ON A LESSER CHARGE CONSTITUTES
AN IMPLIED ACQUITTAL OF A GREATER CHARGE, THUS BARRING RETRIAL ON THT GREATER CHARGE