Criminal Law Flashcards
Second-degree murder
Killing of a human being when
1. offender has specific intent to kill or inflict GBH OR
2. offender is engaged in perpetration or attempted perpetration of various enumerated felonies
or
other aggravating circumstances exist
no specific intent to harm required when the offender is engaged in the perpetration or attempted perpetration of listed crimes.
Aggravated Criminal Damage to Property
Intentional damaging of structure or movable
other than by fore or explosion
foreseeable that human life may be endangered
(Without consent)
Aggravated Burglary
-Unauthorized entering
-of inhabited dwelling or structure/movable where someone is present
-with intent to commit felony or theft and
-offender is armed or becomes armed with dangerous weapon or commits a battery on another during burglary
When will a simple burglary of a religious building not be applicable?
If the elements of aggravated burglary are satisfied
Criminal trespass
-entering or remaining
-movable or immovable
-owned by another
-without express, legal, or implied authorization
Not police, fire, EMT, or government agent
Theft
-misappropriation or taking without consent or by means of fraud
-of anything of value belonging to another
-with specific intent to permanently deprive
Illegal Possession of Stolen Things
-intentional possessing, procuring, receiving, or concealing
-anything of value
-which has been subject of robbery or theft
-when perp knew or had good reason to know the thing was stolen
and did not write tot the DA w/in 72 hours of acquisition
Illegal Carrying of Weapons
intentional concealment of any firearm on one’s person
ex. carrying a handgun in waistband, lifting shirt to show gun
Felon with a firearm
It is unlawful for a person who has been convicted of a felony crime of violence or a felony drug possession crime to possess a firearm
Stalking
-intentional and repeated following or harassing
-that would cause a reasonable person to feel alarmed or suffer emotional distress
not a private investigator
Criminal Conspiracy
-agreement or combination
-of 2 or more persons for the specific purpose of committing any crime and
-one or more of the parties does an overt act in furtherance. of the agreement of crime
Flight from an officer
-failure to bring vehicle or boat to stop
-after visual and audible signal
-when officer has probable cause
becomes aggravated when human life endangered
Resisting an officer
-intentional interference with, opposition or or resistance to
-an individual acting in his official capacity and authorized by law to make a lawful arrest, lawful detention, or seizure of property or to serve any lawful process or court order when
-the offender knows or has reason to know the person is arresting, detaining, seizing property, or serving process is acting in his official capacity
“resisting an officer w/ force or violence” more serious crime
Aggravated Assault
-an attempt to commit a battery or
-the intentional placing of another in reasonable apprehension of a battery
-with a dangerous weapon
What is a dangerous weapon?
any instrumentality which in the manner used is “calculated or likely” to produce death or great bodily harm
Aggravated assault with a firearm
assault committed with a dangerous weapon
Aggravated assault on Peace Officer?
If the peace officer is acting within the course and scope of his employment
What are some other kinds of assaults?
Assault by drive-by shooting
Aggravated assault on peace officer without a firearm
Aggravated assault with motor vehicle on peace officer
Use of laser on police officer
Assault on a school teacher
Mingling harmful substances
Assault on childcare worker
Aggravated assault on utility worker with a gun
Reckless Operation of a Vehicle
-operation of any motor vehicle aircraft, vessel or other means of conveyance
-in a criminally negligent or reckless manner
Possession of Controlled Dangerous Substance
It is unlawful for any person to knowingly or intentionally possess a controlled dangerous substance classified in any schedule of unlawful drugs.
ex. possession of marijuana
Driving while intoxicated
-operating any vehicle, aircraft, watercraft, vessel, or other means of conveyance
-when under influence of alcoholic beverages or a controlled and dangerous substance
4th Amendment Search and Seizure of Evidence
a. Does the D have a 4th Amendment right?
-was there government conduct?
-D the D have a reasonable expectation privacy
b. If so, did the police have a valid warrant?
c. If the police did not have a valid warrant, was the search within one of the 6 exceptions of the warrant requirement?
What are the requirements of a warrant?
It must be
- issued by a neutral and detached magistrate
-based on probable cause established from the facts submitted to the magistrate by a government agent upon oath or affirmation and
-particularly describe the place to be searched and items to be seized
What is the effect of an unlawful arrest?
Evidence that is a fruit of the unlawful arrest may not be used against the defendant at trial because of the exclusionary rule
What is probable cause?
At the time of arrest
The officer has within her knowledge reasonable trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law
Based on the totality of the circumstances
What constitutes a seizure?
When under the totality of the circumstances, a reasonable person would feel that he was not free to decline the officer’s requires or otherwise terminate the encounter
When can a police officer make a warrantless seizure under the plain view doctrine?
If they are legitimately on the premises
Discovery evidence, fruits, or instrumentalities of a crime or contraband
See such evidence in plain view and
have probable cause to belle that the item is evidence, contraband, or a fruit or instrumentality of crime
First Degree Murder
Killing of a human being when:
-offender had specific intent to kill or inflict GBH
-offender is engaged in perpetration enumerated felonies
-other aggravating circumstances exist (ex. specific intent to kill or GBH on a peach officer)
Aggravated Escape
-Intentional departure of a person from any place where
-such person is legally confined
-when his departure is under circumstances wherein human life is endangered
Aggravated assault upon a peace officer with a firearm
Aggravated Assault:
-attempt to commit batter or the intentional placing of another in reasonable apprehension of receiving battery
-with a dangerous weapon
Simple Criminal Damage to Property
-Intentional damaging of property of another
-without consent
-by means other than fire or explosion
Second degree battery
Battery committed when the offender intentionally inflicts serious bodily injury, including unconsciousness
Battery
intentional use of force or violence on the person of another
Self-defense
A person may use self-defense if he reasonably believes that his conduct is necessary under the circumstances.
A person who is an aggressor or who brings on a difficulty cannot claim self defense unless he
-withdraws from the conflict in good faith
-adversary knows or should know desire to withdraw and discontinue conflict
False imprisonment with a dangerous weapon
-intentional confinement or detention of another
-without consent or legal authority
-while the offender is armed with a dangerous weapon
Obstruction of Justice
Act done with knowledge that it has, may, or will affect a past, present, or future criminal proceeding.
Includes tampering with evidence with the intent that it distorts the result of a criminal investigation
Aggravated arson
-Intentional damage by any explosive substance or setting fire to any structure
-where it is foreseeable that human life may be endangered
Attempted murder
A criminal attempt occurs when”
-a person who has a specific intent to commit a crime
-does an act for the purpose of and tending directly toward the accomplishing of his object
D must have specifically intended to kill victtims
Attempted _______
-A person has a specific intent to commit a crime
-does an act for the purpose and tending directly toward the accomplishing of his object
Doctrine of Transferred Intent
A person has a specific intent towards one victim, but instead hurts another victim by mistake or inadvertence, he is responsible for the resulting death
Carjacking
-Intentional taking of a motor vehicle
-belonging to another
-while in the presence of person possessing the vehicle
-by use of force or intimidation
Armed robbery
-taking of anything of value belonging to another
-from that person
-by use of force or intimidation
-while armed with a dangerous weapon
Whenever you argue carjacking, what else should you assert?
Armed robbery
If you argue burglary and it was successful, what else should you argue?
Theft
Aggravated second degree battery
Battery committed with a dangerous weapon where offender intentionally inflicts serious bodily injury
When is use of force justifiable in defense of property?
The use of force is justifiable when committed for the purpose of:
-preventing a forcible offense against the person, or
-a forcible offense or trespass against property in a person’s lawful possession
Provided that the force or violence used is reasonably and apparently necessary to
-prevent unlawful entry
-compel an unlawful intruder to leave
What is the presumption regarding a justifiable defense of property?
A person lawfully inside a dwelling held a reasonable belief that the use of force or violence was necessary if
-the person against whom force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered dwelling AND
-the person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred
Simple burglary
Unauthorized entering of a dwelling
With the intent to commit a felony or any theft
Possession of a controlled dangerous substance with intent to distribute
It is unlawful for any person to knowingly or intentionally possess with intent to distribute a controlled dangerous substance classified in any schedule of unlawful drug.
Possession of concealed firearm
Illegal carrying of weapons includes the intentional concealment of a firearm on one’s person
Aggravated battery
Battery with a dangerous weapon
(a night stick can be a dangerous weapon)
Unauthorized entry of a place of business
Intentional entry by a person without authority into any premise belonging to another that is
-a place of business
-completely enclosed by a physical barrier that is 6 ft high
Vehicular Homicide
Killing of a human being
-caused or proximately caused by
-offender engaged in operation of a vehicle
-when under the influence of alcohol or drugs
Hit and Run
Intentional failure of the diver of a vehicle involved in an accident to stop at the scene of an accident, to give their identity, and to render reasonable aid.
Second degree kidnapping
forcible seizing and carrying of a person from one place to another when the offender is armed with a dangerous weapon
Home Invasion
Unauthorized entering of any
Inhabited dwelling when
A person is present with the
intent to use force or violence upon the person
Unauthorized use of a movable
-intentional taking or use of a movable
-which belongs to another
-without their consent or by fraud
-WITHOUT the intention to deprive the other permanently
ex. taking a key to an office
Battery of a police officer
Battery committed without consent of victim
where the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty
Nonconsentual Disclosure of Private Image
- Person intentionally discloses an image of another who is 17 or older who is identifiable, whose intimate parts are exposed
- Person who discloses the image obtained it under circumstances which led a reasonable person to know or understand it was to remain private
- Disclosing party knew or should have known they did not have consent
- The person has the intent to harass or cause emotional distress to the person in the image and knew or should have known would have caused emotional distress.
First Degree Vehicular Negligent Injuring
Inflicting of serious bodily injury upon another
Proximately or directly caused by operation of motor vehicle while under the influence
Disturbing peace
Doing any of the following in such a manner it was disturb or alarm public:
1. engaging in fistic encounter
2. appearing in intoxicated condition
Supplying Firearm to a Convicted Felon
Intentionally giving, selling, donating, providing, lending, delivering or otherwise transferring a firearm
to
any person known by the offender to be convicted of a felony
What is the difference between first-degree murder and second degree murder?
Intent. With second degree murder, there is no intent to kill or harm whereas with first degree murder there is intent to kill or inflict GBH.
Both require:
-a killing of a human being
-offender engaged in perpetration or attempted perpetration enumerated crime
Negligent Injuring
Inflicting injury on a person by criminal negligence
Theft of Assets of Aged Person or disabled person
Misappropriating property of a person over the age of 60 years
Identity Theft
-Intentional use or possession or transfer or attempted use
-With fraudulent intent
-of any personal identifying information of another
-to obtain, possess, or transfer credit, money, goods or services or anything else of value
-without the authorization or consent of the other person
Access device fruad
Transfer or possess an access device with the intent to defraud
An access device includes credit cards, ATM cards, social security numbers, o other ID numbers
Offenses against computer equipment
-intentional modification or destruction
-without consent
-of commuter equipment or supplies used or intended to be used in a computer system, computer, or computer network
Illegally Supplying a Felon with a Firearm
Intentional giving, selling, donating, providing, lending, delivering, or otherwise transferring a firearm
To any person known by the offender
To be convicted of a felony and thus prohibited from possessing a firearm
Computer tampering
Intentional commission of:
Accessing or causing to be accessed a computer or any part of a computer or any program or data contained within a computer
without authorization
ex. hacking into email
