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1L First Semester > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

What are the elements of voluntary manslaughter?

A
  1. Intent
  2. Reasonable provocation
  3. Sudden heat of passion
  4. Failed or imperfect self defense
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2
Q

What are the elements of rape?

A
  1. Sexual intercourse
  2. with a woman who is not the defendant’s wife (common law)
  3. without consent, or by force
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3
Q

What are the defenses to rape?

A
  1. not me
  2. no sexual intercourse
  3. there was consent
  4. mistake of fact (reasonable belief that there was consent)
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4
Q

What are the elements of burglary?

A
  1. Breaking (actual or constructive)
  2. and entry (any part of the body or tool)
  3. of a dwelling house (common law)
  4. of another
    • not one’s own home
    • not a place where one has permission
      to be
  5. at night (common law)
  6. with the intent to commit a felony (intent at time of breaking)
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5
Q

What are the elements of involuntary manslaughter?

A
  1. Unintentional (no malice)
  2. death while committing a:
    (a) crime, when felony murder is not
    applicable
    (b) lawful act done negligently
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6
Q

What are the types of malice required for murder?

A
  1. Expressed
    • intent to kill
  2. Implied
    • intent to cause grievace bodily harm
    • depraved heart murder
    • felony murder
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7
Q

What are the elements of murder?

A
  1. Unlawful killing
  2. of a human being
  3. with malice a forethought
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8
Q

What are the elements of robbery?

A
  • Larceny with force
    1. Trespassory
    2. taking
    3. and carrying away
    4. the personal property
    5. of another
    6. with the intent to permanently deprive,
    7. by use of force
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9
Q

What are the elements of larceny?

A
  1. Trespassory
  2. taking
  3. and carrying away
  4. the personal property
  5. of another
  6. with the intent to permanently deprive
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10
Q

What are the elements of depraved heart murder?

A
  1. Action with a VERY HIGH degree of risk.
  2. Defendant is aware of the risk
  3. Unjustifiable to take the risk
    • due to extreme indifference to human life
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11
Q

What are the elements of aiding and abetting?

A
  1. With knowledge
  2. provide assistance
  3. with intent to promote the crime
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12
Q

What are the elements of accessory after the fact?

A
  1. Rendering assistance
  2. after a crime
  3. to prevent apprehension of the perpetrator
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13
Q

What are the elements of criminally negligent homicide?

A
  1. Conscious disregard for victim’s security

2. Gross deviation from reasonable conduct in the commission of a lawful act

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14
Q

What are the elements of embezzlement?

A
  1. Fraudulent conversion
  2. of property
  3. of another
  4. by a person in lawful possession of the property
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15
Q

What are the elements of forgery?

A
  1. False making or material alteration
  2. of a writing (which if genuine, would have legal significance)
  3. with the intent to defraud
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16
Q

What are the elements of solicitation?

A
  1. Inciting, couseling, advising, inducing, urging, or commanding another person to commit a crime
  2. with specific intent that the person commits the act
17
Q

What are the elements of conspiracy?

A
  1. An agreement between 2 or more people
  2. to commit a criminal act or series of criminal acts
  • Common law: no overt act required
  • Modern law: guilty if any act in
    furtherance of consipracy’s goal is within
    scope of conspiracy, and is foreseeable
18
Q

What are the elements of false pretenses?

A
  1. Knowingly and designedly
  2. obtaining title and possession of property
  3. of another
  4. by means of untrue representation of important fact
  5. with intent to defraud
19
Q

What are the elements of assault?

A

Modern:
- Attempt to commit a battery

Common law:

  1. Intentionally placing
  2. another
  3. in apprehension
  4. of receiving an immediate battery
20
Q

What are the elements of attempt?

A
  1. Specific intent to commit a crime
  2. Substantial step(s) taken toward commission of the crime
  3. Failure to complete the crime
21
Q

When is heat of passion applicable for voluntary manslaughter?

A
  1. Adequate provocation
    • must arouse passion in a reasonable
      person
  2. No cooling off period
  3. Casual connection between the provocation and the intentional act
22
Q

What makes a crime a factual impossibility?

A

Fortuitous change in circustances that prevents the person from comimitting the offense

  • objective is proscribed but there are facts that prevent the defendant form achieving the objective
  • not a defense of attempted crime
23
Q

What does an affirmative defense require?

A

Defendant has the burden of proving the defense

24
Q

What makes a crime a legal impossibility?

A

When something in the law makes it impossible for the defendant to complete the intended crime.

  • if everything the party is trying to do is legal, then none of the parts can be considered illegal
  • possible defense of attempted crime
25
Q

What are the elements of battery?

A
  1. Unlawful
  2. application of force
  3. to another person
  4. resulting in bodily injury or offensive touching

1L First Semester (4 decks)

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