Crim law 2 Flashcards
Aggravated Assault (2)
- use of deadly or dangerous weapon
OR - with intent to rape, maim or murder
Murder (4)
unlawful killing of another with malice aforethought
- intent to kill
- intent to inflict great bodily harm
- felony murder
- depraved heart “reckless indifference”
1st Degree Murder (3)
- Premeditated killing
- human, w intent or knowledge of causing death - felony murder (BARRK)
- homicide of officer
- must show victim is law enforcement AND
- victim acting in line of duty
Felony Murder Defenses (4)
- if there is defense to underlying (if not, then strict liability)
- felony must be other than the killing itself
- once reached a temporary place of safety
- D not liable for death of a co-felon as a result of resistance by victim or the police
2nd Degree Murder (2)
- in many states, a killing done with “depraved heart”
OR - murders not classified as 1st degree
Voluntary Manslaughter (4)
- “heat of passion” from adequate provocation
- would cause an ordinary person
- not enough time to cool
- and D in fact did not cool off
*HONEST but UNREASONABLE (only some states)
Involuntary Manslaughter (2)
- criminal negligence
OR - misdemeanor manslaughter
-killing while committing misdemeanor or enumerated felony
Kidnapping (2)
- confinement of a person
2. some movement OR concealment in secret place
Rape
the slightest bit of penetration completes
Statutory Rape
STRICT LIABILITY
- consent no defense
- mistake of fact no defense
Larceny (2)
- taking or carrying away
- with intent to permanently deprive
CL: slightest taking, at time of taking
*taking with belief it is yours is not common law larceny
Continuing Trespass (2)
- takes without intent to steal
2. but later decides to keep
Embezzlement (2)
fraudulent conversion of property of another
- lawful possession
- followed by unlawful use/illegal conversion
False Pretenses
D persuades owner of property to convey TITLE (false representation)
- false rep of past or present fact
- false PROMISE to do something in FUTURE not grounds
LARCENY BY TRICK- possession
Robbery (4)
- taking of personal property
- from the other persons presence (broad)
- by force or threat (imminent harm
- w/ intent to permanently deprive
Extortion
knowingly seeking to obtain property or services by means of a threat
DISTINGUISH FROM ROBBERY
- doesnt have to be from presence (ex bank acct)
- FUTURE harm not IMMINENT harm
Forgery (2)
- making or altering of a false writing
- with intent to defraud
-any writing that has apparent legal significance is subject to the crime
Burglary (5)
- breaking (actual/constructive)
- pushing a door open suffices
- by fraud or threat - and entering
- any part of body crosses into house - of a dwelling of another
- no barn or commercial structure - at night
- with the intent to commit a felony (at the time of breaking and entering)
Arson
- malicious burning
- not smoke or scorching but CHARRING suffice - of the dwelling of another
- no barn or commercial building
- at common law not your own
-“malice” req no specific intent required, RECKLESS DISREGARD
