Criminal Law Flashcards

Question

Punishment for attempt, solicitation or conspiracy

Answer 1

In Fla, punished pursuant to penalties provided for next lower degree of substantive offense.

Answer 2

1. Intentionally touching or striking another person against their will. OR 2. Intentionally causing bodily harm INTENT required.

Answer 3

Battery: 1. on victim who D knew or should have known was pregnant 2. with a deadly weapon or 3. in which D intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement.

Answer 4

1. intentional, unlawful threat by word or act to do violence to another, plus 2. an apparent ability to do so; and 3. doing some act which creates a well-founded fear that violence is imminent

Answer 5

Consent, defense of self, defense of others, defense of property.

Answer 6

Assault 1. with the intent to commit a felony or 2. with a deadly weapon without intent to kill

Answer 7

rape, statutory rape. General intent crime- no intent to cause injury, just intent to do unlawful act. Definition: oral, anal, vaginal penetration by another person or object.

Answer 8

Victim's age, mental/physical capacity, use of weapon or force

Answer 9

Available for rape, but not statutory rape.

Answer 10

No - death penalty is unconstitutional

Answer 11

Ignorance of age is not a defense. Strict liability crime

Answer 12

Unlawful confinement of person without consent. General intent crime - do not need intent to cause injury, only intent to do unlawful act.

Answer 13

Unlawful confinement of a person that involves: 1. some movement or 2. concealment of victim. General intent crime - do not need intent to cause injury, only intent to do unlawful act.

Answer 14

Any person who willfully, maliciously and repeatedly follows or harasses another person - first degree misdemeanor

Answer 15

1. Stalking plus 2. stalker makes credible threat with that places person in reasonable fear for safety AND 3. apparent ability to carry out threat Third degree felony. One of enumerated felonies in felony murder rule.

Answer 16

1. communicate through use of email or virtually 2. directed at a specific person and 3. causes substantial emotional distress to that person and 4. serves no legitimate purpose. Punished either as misdemeanor or aggravated stalking.

Answer 17

folded into theft.

Answer 18

D knowingly obtains or uses, the property of another with the intent to either permanently or temporarily: (i) deprive the person of a right to the property or a benefit therefrom or (ii) appropriate the property to his own use or another's use who is not entitled

Answer 19

D sells or otherwise disposes of stolen property, with knowledge or reason to know that it is stolen.

Answer 20

(1) entering in a structure with the intent to commit an offense therein, unless the premises are, at the time, open to the public or the defendant is licensed or invited to enter OR (2) remaining surreptitiously with the intent to commit an offense therein; or (3) remaining to commit or attempt to commit a forcible felony therein Proof of stealthy entry without consent constitutes evidence of entering with an intent to commit an offense.

Answer 21

In FL, general intent crime where Def (1) willfully or unlawfully, or while in the commission of any felony, (2) damages any structure (4) by fire or explosives.

Answer 22

building, vehicle or aircraft.

Answer 23

A person may not sell, manufacture, deliver or possess with intent to sell a controlled substance. Includes attempted delivery. N/a to possession with valid prescription

Answer 24

A person who knowingly sells, purchases, manufactures, delivers or brings into the state or who is knowingly possession of specified quantities of a controlled substance. - 25 lbs pot - 28 grams of cocaine - 4 grams heroine

Answer 25

Adheres to M'Naughten Rule - entitled to acquittal if, because of metal illness he did not know: 1. the nature and quality of the unlawful act (D didn't know what he was doing) or 2. that the act was wrong (he knew what he was doing but did not know it was wrong).

Answer 26

D has burden of proof by clear and convincing evidence

Answer 27

D must give notice of his intent to rely on defense

Answer 28

Permitted in Fla.

Answer 29

NOT a defense in Florida. Not admissible to show lack of specific intent or insanity (Except for valid prescription causing you to become unexpectedly intoxicated)

Answer 30

Permitted: 1. In self defense and in defense of others where necessary to prevent imminent commission of forcible felony or to prevent imminent death or great bodily harm 3. to prevent commission of a felony in a dwelling 4. In defense of property other than a dwelling to prevent imminent commission of forcible felony

Answer 31

any crime involving use or threatened use of physical violence, such as murder, battery, robbery, burglary, arson

Answer 32

A person is justified to the extent he reasonably believes it is necessary to defend himself or others against imminent use of unlawful force. Objective standard of the reasonably prudent person is applied

Answer 33

A person who uses or threatens use of force is immune from criminal and civil prosecution unless he knew or should have known that the other person was law enforcement officer performing his official duties.

Answer 34

Once D has raised a prima facie claim of self defense in a pretrial immunity hearing, burden is on the prosecution to show by clear and convincing evidence that the D used deadly force unlawfully.

Answer 35

No duty to retreat in Fla. Person has a right to use force, including deadly force, if she reasonably believes it is necessary to prevent death or great bodily harm to herself or another, or to prevent imminent commission of forcible felony. In dwelling, can use non-deadly force if necessary to defend herself or others against "imminent use of unlawful force" and can use deadly force as set out above.

Answer 36

1. Bad guy entering dwelling, residence or occupied vehicle, or 2. bad guy attempting to remove another against their will AND 3. the person using force knew or had reason to believe that this was occurring.

Answer 37

1. person has right to be in dwelling 2. person sought to be removed is child or grandchild and is otherwise in lawful custody 3. the person attempting to use force is engaged in criminal activity or 4. person against whom force is used is a cop performing official duties, and other person knew or had reason to know.

Answer 38

permits use or threatened use of deadly force in defense of property other than a dwelling to prevent imminent commission of a forcible felony.

Answer 39

Officer MAY use deadly force where officer reasonably believes that the fleeing felon has committed a crime involving infliction or threatened infliction of serious physical harm to another person

Answer 40

Florida prohibits using force to resist arrest by one who is known or reasonably appears to be a law enforcement officer.

Answer 41

whether the method of inducement creates a substantial risk that such crime will be committed by a person other than one who is ready to commit. Subjective test

Answer 42

If egregious law enforcement conduct is present, it might violate D's due process rights and require dismissal of charges regardless of D's predisposition to crime.

Answer 43

Affirmative defense available of necessity or duress for any crime, except homicide, if D reasonably believed another would imminently inflict death or great bodily harm upon him or another person, if D did not commit the crime.

Answer 44

Defense that shows D lacked state of mind required for crime. Specific intent crime - mistake need not have been reasonable General intent crime - mistake must have been reasonable.

Answer 45

Fla legislature has expressly stated intent to punish each separate criminal offense committed in the course of a criminal transaction except for: 1. offenses that require identical elements of proof 2. offenses that are degrees of the same offense 3. offenses that are lesser offenses

Answer 46

D may be convicted of both felony murder and underlying felony.

Answer 47

: Jurisdiction if: • (1) Fatal blow occurred in FL • (2) Death occurred in FL • (3) Essential element of the crime occurred in Florida In homicide cases → if a body is discovered in Florida, the death is presumed to have occurred in Florida ·

Answer 48

where D knew or had reasonable grounds to know or perceive that person was within this class, charges are one degree higher.

Answer 49

If a defendant intends to harm one victim, but accidentally harms a different victim instead, the defendant’s intent will transfer from the intended victim to the actual victim.

Answer 50

A conspiracy is deemed complete when the agreement with the requisite intent is reached.

Answer 51

The failure by someone other than a principal or accessory before the fact to disclose or report knowledge of the commission of a felony – is not a crime.

Answer 52

Under Florida law, materiality is a threshold question of law for the court to decide prior to trial. It is not a statutory element of the crime of perjury and thus is not a question of fact for the jury.

Answer 53

is a defense to perjury if the person making the false statement admits such statement to be false in the same proceeding or matter, or if such statement is made before it has become manifest that such false statement has been or will be exposed.

Answer 54

Forgery Assault Robbery Theft Murder 1st Degree Attempt Conspiracy Solicitation

Answer 55

(1) taking property, (2) from the person or custody of another, (3) with the intent to permanently or temporarily deprive the person of the property, and (4) using force, violence, assault, or fear.

Answer 56

``` Catch-all It just requires that D intend to commit an act that is prohibited by law. Battery Rape Manslaughter Kidnapping False Imprisonment ```