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N.C. Criminal Law and Procedure > Crimes against the Person > Flashcards

Crimes against the Person Flashcards

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1
Q

Structure for criminal law essay question?

4

A
  1. criminal mind
  2. moves the guilty hand
  3. sometimes causing an injury
  4. no defenses
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2
Q

What kind of criminal law jurisdiction is N.C.?

A

Common law

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3
Q

The determination as to whether a crime is a felony is based on whether
(4)

A
  1. crime was a felony at common law
  2. statute identifies as a felony
  3. punishable by death
  4. can be sent to state prison
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4
Q

The Void-for-Vagueness Doctrine

A

North Carolina insists that criminal statutes clearly define the crime charged

  • unless used in common law
  • a person of reasonable intelligence would understand it
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5
Q

Elements of the Crime

3

A
  1. Mens Rea
  2. Actus Rea
  3. Causation
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6
Q

Homocide the Year-and-a-Day Rule

A

does not have the rule

-if a person dies over a year and a day after the conduct occured, still liable for killing

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7
Q

Degrees of Murder in N.C.

A

1st degree
2nd degree
Involuntary Manslaughter
Manslaughter

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8
Q

1st Degree Murder NC

3

A
  1. premediation and deliberation
  2. felony murder; or
  3. special means murder
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9
Q

Special Means Murder NC

6

A
  1. Nuclear Biological Chemical
  2. lying in wait
  3. torture
  4. starving
  5. imprisonment
  6. poisoning
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10
Q

Premeditation and deliberation require

2

A

premeditation = quantity of thought (long enough to create a plan)
+
deliberation = quality of thought (undisturbed by hot blood = reason not overcome by emotion)

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11
Q

Second-degree murder is defined as

A

killings with malice

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12
Q

Killings with Malice are?

2

A
  1. intent to kill (express malice); or,

2. depraved heart murder (inherently dangerous conduct with a disregard for safety)

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13
Q

Voluntary manslaughter requires?

2

A
  1. intentional killing + adequate provocation

2. imperfect self defense

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14
Q

Adequate provocation in N.C.

4

A
  1. anger or fear
  2. unlawful restraint
  3. assault
  4. adultery
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15
Q

Adultery requirement for voluntary manslaughter

A

must catch in the act or where it is clear it was just completed

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16
Q

Imperfect self defense occurs when? (3)

What’s the result?

A

North Carolina allows the reduction of murder to manslaughter where the defendant did not intend to kill or seriously injure, and:

  1. uses excessive force
  2. starts the fight and does not use excessive force
  3. honest but unreasonable belief that deadly force was necessary
17
Q

Involuntary manslaughter in NC is:

Results from? (3)

A

is the unintentional killing of a human being without malice resulting from:

  1. commission from an unlawful act that is not a felony
  2. Egg-shell skull battery that results in death
  3. gross negligence(gun deaths)/reckless homicide
18
Q

Felony murder covers what crimes?

6

A
  1. arson
  2. rape or a sex offense
  3. robbery
  4. kidnapping
  5. burglary
  6. Felony committed with use of deadly weapon
19
Q

For Felony murder, any co-felon or co-conspirator is liable under North Carolina law if:

A

a death occurs during the course of the felony; unless, it is a co-felon

20
Q

What is the requirement to apply felony murder to a killing

A

a death occurs during the course of the felony

≠ have to further the objective of the felony: any death caused will satisfy

21
Q

To show assault under North Carolina law there must be:

2

A
  1. a battery/attempt to commit a battery (swing and a miss)
    or
  2. act done to frighten (show of violence)
22
Q

An act done to frighten constitutes assault when?

2

A

reasonable apprehension of immediate bodily harm
+
Causes victim to engage in a course of action that they would have not normally followed (intimidation)

23
Q

Aggravated Assault, two things to remember?

A
  1. Woman, child or handicapped person will be an aggravated assault
  2. Assaults against people who work for the government will be an aggravated assault
24
Q

Assault with a deadly weapon occurs when someone assaults another with a deadly weapon can be compounded by
(2)

A
  • intent to kill

- causing serious injury

25
Q

Pointing a gun at someone is

A

an assault

26
Q

Mayhem in N.C. involves

3

A
  1. castration
  2. disfiguring someone
  3. throwing acid
27
Q

Kidnapping under N.C. law is

2

A

(1) False imprisonment = the unlawful confinement, restraint, or removal from one place to another;
+
(2) for the purpose of:

(a) holding someone for a ransom
(b) holding in involuntary servitude
(c) using as a human shield
(d)

≠ require movement

28
Q

First-degree kidnapping occurs when the victim:

A

gets hurt
is sexual assault
Inherently dangerous

29
Q

Rape in N.C. Can only be

3

A 
penetration of a vagina with a penis
\+
By force
\+
against the will of the female  (or if they are disabled/lack ability to consent)
30
Q

Rape is a first degree when?

4

A
  1. Using a deadly weapon or what someone believes is a deadly weapon
  2. hurt the victim or another person while committing the rape (mental injuries count)
  3. gang rape
  4. if victim under age of 13, ∆≥ 12 + 4 yrs older than victim
31
Q

Sex crime when ∆is in custodial position?

A

-can be consensual but taking advantage of

Custodial positions are

  1. person who assumed to the role of parent in the household
  2. employees who have custody
32
Q

A person is guilty of a sexual offense in the second degree (a Class C felony) if

A

the person engages in a sexual act with another person:

  1. sex act by force
  2. without consent
33
Q

A person is guilty of a sexual offense in the first degree (a Class B1 felony)

A

if the person engages in a sexual act:

  1. sex act by force
  2. without consent
  3. Rape aggregators to 1st degree rape (gang, injury, deadly weapon)
34
Q

Statutory Rape

-mistake of age as defense

A

not a defense

35
Q

When does statutory rape occur?

3

A

felony if the defendant engages in vaginal intercourse or a sexual act with another person who is 13, 14, or 15 years old,

Most Serious: if ∆ is ≥ 6 yr.s older
Serious: if ∆ is between 4 and 6 years older
Not statutory: if ∆ is

N.C. Criminal Law and Procedure (5 decks)

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