Criminal Law Midterm Flashcards
Assault
Unlawful, placing of another in reasonable apprehension as of immediate impending battery
Battery
Unlawful, harmful or offensive touching of another without their consent or legal privilege
Common law Burglary
Breaking and entering the dwelling house of another at night with the specific intent to commit a felony therein
Modern Law Burglary
Entering a protected structure of another with the specific intent to commit a felony or theft therein
Homicide
killing of a human being by another
Murder
unlawful killing of another with malice aforethought
Malice Aforethought
mens rea of murder and is defined as either expressed or implied
express malice
the actual intent to kill
implied malice
acts intending to create great bodily harm, or by acts that are inherently dangerous to human life, or by killing during a felony murder
Murder in the First Degree
unlawful killing of another with malice aforethought with premeditation and deliberation
Premeditation
is supported by facts indicating planning and preparation to kill
Deliberation
is supported by facts indicating the killer took the time to reflect before killing
Murder in the Second Degree
the unlawful killing of another with malice aforethought
a. no premeditation or deliberation.
b. Alternatively, second degree murders are all murders that are not first degree
Larceny
- Taking
- and carrying away
- personal property of another
- without their consent
- with the (specific) intent to permanently deprive the owner of it
Larceny by trick
- taking
- and carrying away
- of the property of another
- by the use of false promises
- with the (specific) intent to permanently deprive the owner of the property
Robbery
- Taking
- and carrying away
- personal property of another
- through fear or force
- from their immediate presence
- with the (specific) intent to permanently deprive the owner of the property
Involuntary intoxication
may be a defense to both specific and general intent crime.
Voluntary intoxication
may be a defense to a specific intent but not a general intent crime.
Look at this case: the England case
In a boat and ate the kid
Elements of a crime
- Actus reus (the act)
- Mens rea (the mental state)
- causation
- attendant circumstances
is being in possession an act
yes
just being an addict is not a crime
…
module penal code
Purposely
knowingly
negligently
recklessly
mistake of fact
is it a defense of a crime? Could be