Crimes Against the Person and Human Habitation Ch. 12

Question 1

The common elements of robbery consist of

Answer 1

1. Wrongful taking and
2. Carrying away
3. Of the personal property of another
4. From the person or their personal custody
5. Against the others will by the use of force or threat of force

Question 2

What essence of robbery is in these elements

Answer 2

1. From the person or their personal custody
2. Against the others will
3. By the use of force or threat of force

Question 3

Define mayhem in common-law

Answer 3

Violently depriving a person of the use of a member (hand, eye, etc.) rendering them less able to fight

Question 4

What are the degrees of assault and battery

Answer 4

1. Simple assault and battery-a misdemeanor

2. Aggravated assault and battery-a felony assault with the intent of committing another crime

Question 5

What are the essential elements of common law rape

Answer 5

1. Carnal knowledge and
2. The use of force by the man and
3. Nonconsent by the woman

Question 6

What are the modern rape statutes

Answer 6

1. Carnal knowledge
2. Sexual assault
3. Statutory rape
4. Maternal rape exceptions (generally on no longer permitted)

Question 7

Define carnal knowledge

Answer 7

Meant the slightest penetration of the sexual organ of the woman by the sexual organ of a man

Question 8

Defined sexual assault

Answer 8

Any unwanted sexual contact

Question 9

Some states have replaced crime of rape with various types

Answer 9

Sexual assault

Question 10

Rape shield laws

Answer 10

1. Prevents rape victims from being re-victimized by prohibiting defendant from using victim’s sexual history as evidence against her own credibility.
2. Some states require people charged with rape to be tested for HIV, or allow a victim to demand that the defendant be tested for HIV

Question 11

Temporary restraining order is often given

Answer 11

summarily (quickly), followed by a hearing, which may or may not result in a permanent restraining order

Question 12

Define cyber bullying

Answer 12

Using the Internet to malign or threaten someone

Question 13

What elements of the crime are needed to prove by common law burglary

Answer 13

1. A breaking
2. An entering of
3. A dwelling house of another
4. In the nighttime
5. With the intent to commit a felony inside

Question 14

Define breaking

Answer 14

Forced entry of a secured dwelling house

Question 15

Dwelling house of another what does it include

Answer 15

Outbuildings and curtilage (enclosed grounds and buildings surrounding the dwelling)

Question 16

What are examples of statutory burglary

Answer 16

1. Breaking and entering and building other than a dwelling.

2. Entering with the intent to commit a misdemeanor

Question 17

Common-law arson consist of the following elements

Answer 17

1. The malicious
2. Burning
3. Of a dwelling house
4. Of another

Question 18

What are the 3 elements of statutory arson

Answer 18

1. Burning of a building other than a dwelling
2. Burning one’s own house for insurance
3. Damaging a structure by fire, but failing to set the structure on fire