Crimes Flashcards

1
Q

Larceny

A

The trespassery taking and carrying away of the personal property of another with the intent to deprive them of it permanently.

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2
Q

Burglary

A

The breaking and entering of the dwelling house of another at night-time with the intent to commit a felony therein.

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3
Q

Battery

A

Unlawful negligent harmful or offensive touching of another.

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4
Q

1st Degree - Willful, Deliberate and Premeditated Murder

A

Intent to kill with the opportunity to plan/calculate and planning/calculating the killing.

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5
Q

1st Degree - Felony Murder

A

Jurisdictions define what enumerated felonies are considered first degree but typically BARRK felonies ( burglary, arson, rape, robbery, kidnapping)

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5
Q

Murder

A

The unlawful killing of another with malice aforethought.

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6
Q

2nd Degree - Intent to Kill

A

The unlawful killing of another with the intent to kill.

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7
Q

2nd Degree - Intent to Commit Serious Bodily Harm

A

The unlawful killing of another with the intent to commit serious bodily harm.

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8
Q

2nd Degree - Depraved Heart Murder

A

Conscious disregard for human life with a mental state of high (gross) negligence

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9
Q

2nd Degree - Felony Murder

A

The killing of another person during a felony or attempted felony with limitations:
1. Person who kills or is killed
2. Direct cause
3. Inherently dangerous felony
4. Independent felony

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10
Q

Manslaughter

A

Unlawful killing of another person

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11
Q

Voluntary Manslaughter - Imperfect Defense

A

Defendant actually but unreasonably believes a defense is necessary.

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12
Q

Voluntary Manslaughter - Provocation

A
  1. Actually and reasonably provoked
  2. Legally adequate grounds (mere words are not enough)
  3. No actual and reasonable time to cool off
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13
Q

Involuntary Manslaughter - Misdemeanor

A

The killing of another person during a misdemeanor or attempted misdemeanor

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14
Q

Involuntary Manslaughter - Reckless-Negligent

A

Unlawful killing committed with the reckless/negligent mental state.

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15
Q

Larceny by Trick

A

Unlawful possession of another’s property by an intentional false statement of fact and then unlawfully converting that property.

16
Q

Embezzlement

A

Lawful possession of the property of another, which then is (2) fraudulently converted.

17
Q

False Pretenses

A

Obtaining title to the property of another by an intentional false statement of fact.

18
Q

Robbery

A

Larceny by force or fear from the person or their presence.

19
Q

Assault

A

Intentional creation of the imminent apprehension of a battery.

20
Q

Solicitation

A

Soliciting another to commit a crime as principal

21
Q

Attempt

A

Intent to commit a crime and an overt toward committing that crime

22
Q

Conspiracy

A

An agreement between two or more persons to commit a crime and intent to agree and commit the crime.

23
Q

Possession

A

Knowing exercise of dominion and control over a thing after having had the opportunity to dispossess that thing.

24
Q

Burglary

A

The breaking and entering of the dwelling house of another at night with the intent to commit a felony therein.