Criminal Law Flashcards
Arson
GENERAL INTENT
- Willful, unlawful, or felonious
- Damage to a structure, vehicle, or aircraft
- With fire or explosives
Burglary
and presumption
SPECIFIC INTENT
1. Entry onto or remaining surreptitiously on property
2. With intent to commit any offense
OR
1. Remaining on property
2. With intent to commit a forceable felony
(Stealthy entry without consent creates a presumption of intent to commit felony/offense)
Theft
SPECIFIC INTENT
1. Knowingly obtaining or using another’s property
2. With intent to deprive them of a right or benefit
OR
3. To appropriate it for their own or another’s use
Manslaughter
- The unlawful killing of another
2. Without legal justification
Murder I
SPECIFIC INTENT
1. Unlawful killing of another
2. With the premeditated design to effect death
OR
3. During the intentional commission of an enumerated felony/attempt
OR
4. Resulting from the distribution of certain illegal drugs by an adult
Murder II
GENERAL INTENT
1. Unlawful killing of another
2. Evincing a depraved mind regardless of human life
3. Without premeditated design to effect death
OR
4. During the intentional commission of an enumerated felony/attempt by someone other than the felon or a co-felon
Murder III
RECKLESSNESS
1. Unlawful killing of another
2. Without premeditated design to effect death
OR
SPECIFIC INTENT
4. During the intentional commission of a non-enumerated felony/attempt
Sexual Battery
SPECIFIC INTENT
- Sexual penetration of another
- Without capacitive consent
Assault
SPECIFIC INTENT
- Unlawful threat to do violence
- By word or act
- With the apparent ability to do so
- Creating a well-founded fear that violence is imminent
Battery
SPECIFIC INTENT
1. Intentionally touching, striking, or causing bodily harm
Attempt
SPECIFIC INTENT
- Having specific intent to commit a criminal act
- Committing any act in furtherance thereof, AND
- Failure, prevention, or interception of the ultimate criminal act intended
DEFENSE
Withdrawal, accompanied by a complete and total renunciation of the criminal purpose
Conspiracy
SPECIFIC INTENT
- Agreeing, conspiring, combining, or confederating
- With specific intent to commit a crime
DEFENSE
Withdrawal and persuasion of co-conspirators to not commit the ultimate act, or prevention thereof, accompanied by the complete and voluntary renunciation of the criminal purpose
Solicitation
SPECIFIC INTENT
1. Commanding, encouraging, hiring, or requesting another 2. To commit an unlawful act
DEFENSE
Withdrawal and persuasion of solicited party to not commit the ultimate act, or prevention thereof, accompanied by the complete and voluntary renunciation of the criminal purpose
Intoxication Defense
Voluntary is not a defense to any crime.
Involuntary intoxication is only a defense if
- Under duress,
- Unknowing, OR
- Pursuant to advice from a medical professional
Insanity Defense
Florida follows the M’Naghten Rule
- ∆ has a mental defect or disease,
- Causing the lapse of reasoning, AND
- ∆ was unable to understand the wrongfulness of his conduct or the nature and quality of his actions
*Must be proved by clear and convincing evidence with notice to the prosecution before asserted
Entrapment
- Criminal design originated with law enforcement
- ∆ was not already criminally predisposed
*Subjective standard is used for criminal disposition unless there is evidence of egregious law enforcement action
Self-Defense
NON-DEADLY FORCE
Objectively reasonable belief that force was necessary to defend oneself or a 3rd party from unlawful force
DEADLY FORCE
Objectively reasonable belief that force is necessary to defend oneself or another from the imminent threat of death, serious bodily harm, or the commission of a forceable felony.
- Reasonableness of belief is presumed following unlawful forcible entry into one’s dwelling or vehicle
- There is no duty to retreat
