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Criminal Law, Criminal Procedure, & Evidence > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Principals

A

All persons concerned in the commission of a crime are principals – knowingly participate

Elements

  1. Those who directly commit a criminal act, OR
  2. Aid, abet, counsel, or procure another to commit a crime whether at the scene or not

Acts of a principal are attributed to other principals so long as each intended to commit the crime OR help/encourage the other to do it.

State must prove each’s specific intent. Mere knowledge is insufficient.

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2
Q

Accessories After the Fact

A
  1. After the commission of a felony by another
  2. Harbors, conceals, or aids the felon
  3. With actual or constructive knowledge of the felony,
  4. With the intent to help avoid or escape arrest, trial, or punishment for the felony
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3
Q

Intent

A

Specific Intent → circumstances indicate the offender actively desired the prescribed criminal consequences to result from an act or omission

General Intent → circumstances indicate the offender, in the ordinary course of human experience, must have known that the prescribed criminal consequences were reasonably certain to result from his act or omission

Criminal Negligence → gross deviation below the standard of care maintained by a reasonably careful person under like circumstances

Transferred Intent: Responsible for resulting death:

  • If offender has SI to kill or inflict GBH on a certain person
  • But instead kills or harms another person by mistake or inadvertence
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4
Q

First-Degree Murder

A

Killing with specific intent to kill or inflict GBH + an aggravating circumstance—either:

  • Felony murder: engaged in perpetration/attempted perpetration of an enumerated felony:
    • Any robbery*
    • Aggravated Burglary*
    • Aggravated Escape
    • Aggravated Arson
    • Aggravated Kidnapping*
    • Second Degree Kidnapping*
    • Assault by Drive-by
    • Cruelty to Juveniles
    • Terrorism
  • Aggravating circumstance:
    • Victim under age 12 or 65+*
    • SI to kill multiple people*
    • SI to kill fireman or peace officer*
    • Murder for hire
    • Drug distribution/purchase*
    • Ritualistic acts
    • No-contact order between perpetrator and victim
    • Victim or victim’s family member was a witness to a prior crime, and killing was to prevent testimony
    • Prior killing* with SI to kill or cause GBH
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5
Q

Second-Degree Murder

A

(1) Killing with SI to kill or inflict GBH (no additional felony or aggravating circumstance)
(2) Killing, no SI, caused by ingestion of controlled dangerous substance
(3) Killing during an enumerated felony, but with no SI to kill
* Same as for first degree murder.

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6
Q

Manslaughter

A

Intentional

  1. Sudden passion or heat of blood AND
  2. Caused by adequate provocation (sufficient to deprive average person of self-control and cool reflection)
    1. Jury must find that blood did not cool, and average person’s blood would not cool

Unintentional

  1. Occurring while engaged in perpetration/attempted perpetration of:
    1. Unenumerated felony
      1. Aggravated Assault
      2. Unauthorized removal of a motor vehicle
    2. Intentional misdemeanor against the victim
    3. Resisting lawful arrest
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7
Q

Vehicular Homicide

A

MUST BE DRUNK, IF NOT = NEGLIGENT HOMICIDE

Killing, proximately or directly, while operating vehicle/boat/plane/any means of contrivance, AND

Under the influence of controlled dangerous substance or alcohol

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8
Q

Simple Battery

A

Intentional use of force or violence, or administration of a noxious substance

  • Requires physical contact
  • but any amount of force is sufficient and need not be applied directly

Upon the person of another

Without their consent

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9
Q

Agg Battery

A

Battery with a dangerous weapon.

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10
Q

Second-Degree Battery

A

Battery with intentional infliction of serious bodily injury.

  • Serious bodily injury = unconsciousness; extreme physical pain; protracted and obvious disfigurement; protracted loss or impairment of the function of a bodily member, organ or mental faculty; or substantial risk of death
  • Requires specific intent*
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11
Q

Battery of a Police Officer

A

A battery committed on a police officer acting in the performance of his duty

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12
Q

Simple Assault

A
  • Attempt to commit a battery, OR
  • Intentional placing of another in reasonable apprehension of receiving a battery
    • [Do not need to intend to inflict the battery under second prong]
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13
Q

Agg Assault

A

Assault with a dangerous weapon.

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14
Q

Agg Assault w/ Firearm

A

​Aggravated assault but with a firearm.

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15
Q

Assault by Drive-By-Shooting

A

Assault committed with a firearm that discharges

While offender is using a motor vehicle

To facilitate the assault

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16
Q

Agg Assault on Peace Officer w/ Firearm

A

When peace officer is acting in the course and scope of his duties

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17
Q

Simple Escape

A

Intentional departure of a person

Who is imprisoned or lawfully detained

From a place of lawful custody or legal detention

Where life is not endangered

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18
Q

Agg Escape

A

Escape where life is endangered

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19
Q

Simple Kidnapping

A

Intentional forcible seizing and carrying of any person from one place to another without consent***

Intentional taking for unlawful purposes a child of another under 14 without consent of parent/guardian

Intentional taking of institutionalized (lawfully committed) person without consent of proper authority

Intentional taking of child (by parent or other person) out of state from custodian with intent to defeat jurisdiction

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20
Q

Agg Kidnapping

A

To force someone to give up something of value AND to secure release,

Either:

  • Intentional forcible seizing and carrying from one place to another without consent
  • Persuading person to go from one place to another
  • Forcibly secreting any person
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21
Q

Second-Degree Kidnapping

A

One of the following:

  • Intentional forcible seizing and carrying from one place to another without consent
  • Persuading person to go from one place to another
  • Forcibly secreting any person

And one of the following:

  • Offender is armed with a dangerous weapon
  • Victim is:
    • Used to facilitate felony or flight from felony
    • Used as shield or hostage
    • Physically injured
    • Sexually abused
    • Imprisoned for more than 72 hours
    • Imprisoned when offender has or suggests he has dangerous weapon
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22
Q

Agg Kidnapping of a Child

A

Unauthorized taking, enticing, or removing child under 13 from a location

For unlawful purposes

By someone NOT parent/grandparent/guardian

With intent to secret child from parent/guardian

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23
Q

False Imprisonment

A

Intentional confinement or detention of another

Without consent or proper legal authority

Punished more severely when armed with a dangerous weapon

24
Q

Theft

A

Misappropriation or taking

  • Taking = slightest segregation of property in slightest distance is sufficient (seconds)

Without consent or by means of fraud

Anything of value belonging to another

  • Anything of value = broadest possible construction
  • Belonging to another = title or possession

With specific intent to permanently deprive

  • Intent may be inferred from surrounding circumstances
25
Q

Identity Theft

A

Intentional and fraudulent use

Of one’s personal identifying information

Without consent or authorization of that person

To obtain anything of value

26
Q

Simple Robbery

A
  • Taking of anything of value
    • NOT to permanently deprive; intent to take the property may be sufficient
    • When “within purse or wallet”  purse snatching
  • Belonging to another (victim has a greater right to possession of the property)
  • From the person or area in their immediate control
  • By use of force or intimidation (or snatching, for purse snatching)
  • But not armed with a dangerous weapon
27
Q

Armed Robbery

A
  • Taking of anything of value
  • Belonging to another
  • From the person or area in their immediate control
  • By use of force or intimidation
  • While armed with a dangerous weapon.
28
Q

First-Degree Robbery

A
  • Taking of anything of value
  • Belonging to another
  • From the person or area in their immediate control
  • By use of force or intimidation
  • Perpetrator leads victim to reasonably believe he has dangerous weapon
    • But does not have one
29
Q

Second-Degree Robbery

A
  • Taking of anything of value
  • Belonging to another
  • From the person or area in their immediate control
  • Perpetrator intentionally inflicts serious bodily injury.
30
Q

Carjacking

A
  • Intentional taking of a motor vehicle belonging to another
  • In presence of owner, passenger, or person in possession of the vehicle
  • By use of force or intimidation
    • When a dangerous weapon is used it becomes armed robbery, but mention both.
31
Q

Simple Burglary

A
  • Unauthorized entering
  • Of any:
    • Dwelling
      • If it is a structure used as a home → simple burglary of inhabited dwelling
    • Vehicle
    • Other structure
    • Cemetery
  • With intent to commit felony or theft therein
    • If intent to commit theft of drug and place is a pharmacy → SB of pharmacy
32
Q

Agg Burglary

A
  • Unauthorized entering
  • Of:
    • Inhabited dwelling, OR
    • Any structure or movable where a person is present
  • With intent, at entry, to commit a felony or theft AND
  • Offender is armed or becomes armed with a dangerous weapon OR commits a battery
33
Q

Unauthorized Entry

A

Unauthorized Entry of Inhabited Dwelling

  • Intentional entry without authorization of a structure used as a home
  • Burglary without the intent to commit a felony therein

Unauthorized Entry of Place of Business

  • Intentional entry without authorization
  • Of place used in whole or in part as a place of business
  • And is completely enclosed by a 6-foot barrier
    • Could be of “Critical Infrastructure” if something like a power plant
34
Q

Criminal Trespass

A
  • Intentional entering or remaining upon
  • Movable or immovable
  • Owned by another
  • Without express, legal, or implied authorization
    • OR after being expressly forbidden
35
Q

Home Invasion

A
  • Unauthorized entry of a home
  • When a person is present
  • With specific intent to use force against or to harm the property
36
Q

Simple Arson

A

Intentional damaging

  • By any explosive substance or setting fire to property of another
  • Without the consent of the owner,

OR

Unintentional starting

  • of a fire or causing an explosion
  • while offender is engaged in the perpetration of another felony
37
Q

Agg Arson

A
  • Arson where it is foreseeable that human life might be endangered
  • If anyone is injured as a result = injury by arson
38
Q

Simple Criminal Damage to Property

A
  • Intentional damaging of property
    • Not fire or explosion
  • Owned by another
  • Without consent of the owner
39
Q

Agg Criminal Damage to Property

A

Simple except done to any structure or movable and foreseeable human life might be endangered

40
Q

Miscellaneous - Damage to Property

A

Criminal damage to coin-operated device

Damage to property with intent to defraud (if by arson, then arson to defraud)

Criminal damage by defacing with graffiti

41
Q

Unauthorized Use of a Movable

A
  • Intentional taking or use of a movable
  • Belonging to another
  • Without consent or by fraud
  • Without intent to permanently deprive
42
Q

Unauthorized Removal of a Motor Vehicle

A
  • Intentional taking or use of a movable
  • Belonging to another
  • Without consent or by fraud
  • Without intent to permanently deprive
  • From repair shop
  • Without paying charges when due
43
Q

Attempt

A
  • Act or omission done
    • Beyond mere preparation (more than devising or arranging the means necessary)
  • With the SI to commit the crime
    • For murder  need SI to kill.
  • For the purpose of and tending directly toward the accomplishing of the crime
  • [Note: immaterial whether the defendant would have been able to commit the crime]
44
Q

Criminal Conspiracy

A
  • Agreement or combination
  • Of two or more parties
    • Where only 2  if one has intent not to go through with crime (even if secret)  precludes prosecution of conspiracy as to both parties.
  • For specific purpose of committing any crime
  • Requires an overt act in furtherance of the conspiracy/agreement by one or more of the parties
    • Mere preparation following the agreement that is done in furtherance of the conspiracy is enough
45
Q

Solicitation of Murder

A

Intentional solicitation by one person of another person to commit or cause to be committed a first or second degree murder

46
Q

Inciting a Felony

A

Endeavor by one or more persons to incite or procure another person to commit a felony

Note: defendant only guilty of inciting a felony if the person solicited ignores his request

  • If the person solicited commits the crime, the solicitor is a party to the crime
  • If the person solicited agrees but does not commit the crime, both guilty of conspiracy
47
Q

DWI

A
  • Operating any vehicle, with or without a license
  • Under influence of CDS / alcohol / lawful drug in excessive dose / combination of alcohol and legal drug if package does not warn of combining OR
  • BAC is .08 or greater
48
Q

Hit and Run

A
  • Intentional failure to stop
  • At the scene of an accident
  • Give identity
  • Render reasonable aid
49
Q

Felon in Poss of Firearm

A
  • Convicted of felony crime of violence
  • Possession of firearm
50
Q

Illegal Carrying of Weapon / Poss of Concealed Firearm

A
  • Intentional concealment of any firearm
  • On one’s person
51
Q

Poss of Firearm

A

On premises of alcoholic beverage outlet

While committing crime of violence or possessing CDS

On a school campus or school bus

52
Q

Resisting

A
  • Intentional flight, interference with, resistance to, obstruction of
    • When with force or violence  Resisting with force or violence (more serious)
  • Individual acting in his official capacity
  • Authorized to make lawful arrest, detention, or seizure
  • When offender knows or should know person is acting in official capacity
53
Q

Obstruction of Justice

A
  • An act done with knowledge that
    • Includes tampering with evidence with intent to distort results of investigation
    • Threatening force or retaliation regarding testimony
    • Persuading not to testify after subpoena
  • The act has, may, or will affect past/present/future criminal proceedings
54
Q

Controlled Dangerous Substances

A

knowingly or intentionally

possess

a controlled dangerous substance.

55
Q

Defense - Intoxication

A
  • Involuntary (administered by someone else)
    • If the direct cause of the crime
  • Voluntary
    • Only if intoxicant precluded SI or special knowledge element. Must nullify required element.
  • Can be based on alcohol or other drugs
56
Q

Defense of Others

A

If person attacked could have used the same means

Criminal Law, Criminal Procedure, & Evidence (3 decks)

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