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1L Semester 1 > Criminal Law Semester 1 > Flashcards

Criminal Law Semester 1 Flashcards

1
Q

Assault

A
  1. unlawful placing of another in the reasonable apprehension(being aware) of an immediate impending battery.
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2
Q

Battery

A

unlawful, harmful or offensive touching of another without the consent or legal privilege

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3
Q

Burglary at common law

A
  1. breaking and entering
  2. into the dwelling house of another
  3. at night
  4. with intent to commit a felony therein
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4
Q

Burglary, Modernly

A

entering of a protected structure of another with the intent to commit a felony or theft therein

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5
Q

Embezzlement

A

converting the property of another who lawfully entrusted the property to another, with intent to permanently deprive

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6
Q

Extortion

A

obtaining property of another by wrongful use of force or under color of authority with the intent to permanently deprive

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7
Q

Homicide

A

killing of a human being by another

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8
Q

Murder

A

intentional killing of another with malice aforethought

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9
Q

Malice Aforethought

A

mens rea of murder and is defined as either express or implied

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10
Q

express malice

A

intent to kill

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11
Q

implied malice

A

acts intending to create great bodily harm, acts that are inherently dangerous to human life, or by killing during the commission of a felony

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12
Q

Murder in the first degree

A

Intentional killing of another with malice aforethought with premeditation and deliberation

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13
Q

Premeditation

A

supported by facts indicating that there was planning and preparation before killing

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14
Q

Deliberation

A

supported by facts indicating that the killer took time to reflect before killing

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15
Q

Murder in second degree

A

intentional killing of another with malice aforethought. With no premeditation or deliberation. All murders that are not first degree.

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16
Q

Felony murder in the first degree

A

murder committed during the intentional commission of an enumerated felony

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17
Q

Felony murder in the second degree

A

murder committed during the intentional commission of a felony not otherwise enumerated

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18
Q

Manslaughter

A

intentional killing of another without malice aforethought

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19
Q

Voluntary manslaughter

A

intentional killing of another with out malice aforethought. during heat of passion, or during the use of imperfect self-defense

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20
Q

Involuntary manslaughter

A

unintentional killing of another without malice aforethought

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21
Q

Misdemeanor manslaughter

A

the killing of another that occurs during the commission of a misdemeanor or an infraction

22
Q

Larceny

A
  1. taking
  2. carrying away
  3. personal property
  4. of another
  5. without their consent
  6. with the intent to permanently deprive
23
Q

Larceny by trick

A
  1. taking
  2. carrying away
  3. another’s property
  4. by the use of false promises
  5. with the intent to permanently deprive
24
Q

Rape

A

sexual intercourse through threat or force with another against the other person’s will or consent

25
Q

Robbery

A
  1. taking
  2. carrying away
  3. personal property of another
  4. through force or fear
  5. from their immediate presence
  6. with the intent to permanently deprive
26
Q

Men’s rea

A

Mental state: intent to commit a crime

27
Q

Actus Rea

A

The act

28
Q

Heat of Passion

A

when a defendant is provoked, a reasonable person would have been so provoked, a reasonable person would not have had time to cool off and the defendant did not have time to cool off

(its an elemental defense)

29
Q

Imperfect Self-Defense

A

an honest but unreasonable belief to use deadly force.

30
Q

False Pretenses

A

Feloniously obtaining title to property of another with intent to permanently deprive.

31
Q

Elemental Defense

A

Defense that demonstrates a failure of proof as to an element of a crime.

32
Q

Forgery

A

the Fraudulent creating or altering of a document or object of legal significant with the intent to defraud or deceive

33
Q

Receipt of stolen property

A

obtaining Property of another known to be stolen with the intent to permanently deprive from the legal owner

34
Q

Misappropriation of found property

A

Is the crime that occurs when a person retains found property and makes no reasonable or just efforts to find the owner

35
Q

Redline Rule

A

When it is a co felon that is killed by a police officer or a victim during the commission of a felony, this constitutes an exception to the felony murder rule. No one will be charged with the death of the co felon

36
Q

Ireland rule

A

when an assault turns into a battery then turns into a homicide

37
Q

Attempt

A

Attempt is defined as a direct, but ineffectual act towards the completion of a criminal offensive with the specific intent to complete the crime.

38
Q

Conspiracy (Bilateral conspiracy)

A

Conspiracy is defined as an agreement between two or more parties to commit the criminal offense of (. ) and an overt act towards the completion of that offense

39
Q

Solicitation

A

Solicitation is defined as encouraging another to commit a criminal offense with the intent that the offense be committed.

40
Q

Bribery

A

Bribery is defined as giving, offering, promising someone called to be a witness, consideration with any understanding or agreement that the testimony of the witness will be influenced by the consideration

41
Q

Compounding a felony

A

Compounding a felony is defined as taking money, property, gratitude, reward, or promise thereof ,while agreeing to conseal a crime or obtain from prosecuting a crime with knowledge that a crime has been committed

42
Q

Threatening or interfering with a peace officer

A

Threatening or interfering with a peace officer is defined as willfully resisting, delaying, or obstructing a peace officer in the performance of their duty

43
Q

Inchoate crime

A

those crimes that have just begun and are not fully developed yet.

44
Q

Factual impossibility

A

The defendant is mistaken about the facts, so it is factually impossible for the defendant to commit the crime.
not a defense for attempt

45
Q

Legal impossibility

A

It was impossible to commit what was intended

46
Q

“True” legal impossibility

A

If the person’s objective had been accomplished but there would be no criminal violation, the person cannot be held liable for an attempt

47
Q

Unilateral conspiracy

A

an agreement made between 2 or more parties while one is an officer and the other is the defendant.

48
Q

Wharton’s Rule

A

when it takes 2 or more people to commit a crime, so the crime can not be considered a conspiracy.

49
Q

Principal

A

the person who actually did the crime ex: shot the gun is the perpetrator. The people who helped him do the crime are the aider and abettor. Principals are the people who commit the crime as a whole.

50
Q

Conspiracy Liability

A

is defined as an agreement between two or more parties to commit the criminal offense of _____ and an overt act towards the completion of that offense.

51
Q

Vicarious liability

A

liability for the acts of others

1L Semester 1 (7 decks)

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