Criminal Law Flashcards
Murder
An unlawful killing of a human being with malice aforethought
Express malice
The deliberate intention to unlawfully take a life.
Implied malice
There is no clear provocation or where circumstances show a reckless disregard for life or an abandoned and malignant heart.
Felony murder
A killing proximately caused during the commission or attempted commission of a serious or inherently dangerous felony. It includes intentional and accidental killing, as well as liability for the acts of one’s accomplices. (Burglary, Arson, Rape, Robbery, Kidnapping)
First Degree Murder
Intent-to-kill murder
Second Degree Murder
Murder that does not meet the requirements of first degree murder
Voluntary Manslaughter
An intentional killing mitigated by adequate provocation or other circumstances negating malice aforethought.
Adequate provocation
Voluntary manslaughter. “such that a reasonable person would lose self-control.”
Imperfect Self-Defense
Can mitigate murder to voluntary manslaughter where a defendant was either at fault in starting an altercation, or unreasonably, but honestly, believed that harm was imminent or that deadly force was necessary.
Involuntary Manslaughter
An unintentional killing resulting without malice aforethought caused by either reckless or criminal negligence or during the commission or attempted commissions of an unlawful act.. Criminal negligence = high degree or risk of death or serious bodily injury
Kidnapping
An unlawful, restraint of a person’s liberty by force or show of force so as to send them to another location
Rape
Unlawful sexual intercourse by a male person with a female without her consent.
Larceny
trespassory taking and carrying away of the tangible personal property of another with the intent to permanently deprive the owner thereof.
Embezzlement
The fraudulent conversion or misappropriation of the property of another by one who is already in lawful possession.
Robbery
Larceny, plus taking must be from the person or presence of the victim and the taking must be by force or by intimidation or the threat of violence.
False Pretenses
A false representation of a present or past material fact by the defendant, which causes the victim to pass title to his property to the defendant who knows his representation to be false.
Larceny by Trick
Defendant obtains possession of the personal property of another by means of a representation or promise that he knows is false at the time he takes possession.
Receiving Stolen Property
The receiving of stolen property known to be stolen with the intent to permanently deprive the owner. The defendant must know or actually believe that the property is stolen.
Burglary
The breaking and entering of the dwelling house of another with the intent to commit a felony within. GA requires only a entering or remaining in the location without authority. Also, felony or any theft is GA is acceptable.
Arson
The malicious burning of the dwelling of another. There must be at least some charring of the premises. In GA.
First = Dwelling
Second = Any building or vehicle
Third = property over $25
Solicitation
Enticing, advising, inciting, inducing, urging, or otherwise encouraging another to commit a felony or breach of the peace.
Attempt
The specific intent to bring about a criminal result, and a significant over act in furtherance of that intent. In GA, “substantial step towards the commission of the crime.”
Legal Impossibility
The defendant did all those things he intended to do, but his acts did not constitute a crime.
Conspiracy
An agreement between two or more persons to commit a crime or to commit a lawful act by criminal means. GA requires an “overt act” in furtherance of the conspiracy
Accomplice
An individual who gives assistance or encouragement, or fails to act where he has a legal duty to oppose the crime of another, and purposefully intends to effectuate commission of the crime.
Search
Government intrusion into space or activities where an individual has a reasonable expectation of privacy.
