Definitions Flashcards
Seven Duties to Act
- Special relationship 2. Duty based on statute 3. Duty based on contract 4. Duty based on voluntary assumption of care. 5. Duty based on creation of peril 6. Duty of landowner 7. Duty to control conduct of others
Specific Intent
The actual intent or purpose to do the prohibited action of the particular crime.
General Intent
General intent cosists of the volitional doing of a prohibited act. Accordingly, the only state of mind required is an intent to commit the act constituting the crime; the defendant need not have intended to violate the law nor need he have been aware that the law made his act criminal. General intent will be inferred from the fact that the defendant engaged in the proscribed conduct.
Transferred Intent
The defendant’s actions will be transferred from the intended object or person to the object or person actually injured and criminal liability will follow.
Four Types of Accomplices of Felony
- Perpetrator: Principal in the first degree 2. At-The-Scene Aider: Principal in second degree 3. Pre-Crime Aider: Accessory before the fact (aider/abettor) 4. Post-Crime Aider: Accessory after the fact
Solicitation
Specific intent to induce another to commit a crime. It will merge with attempt, conspiracy or target offense.
Attempt
A substantial act towards perpetration of an intended crime. This is a specific intent crime even if the underlying crime is a general intent crime.
Conspiracy
Agreement between two or more persons to commit an unlawful act
Pinkerton’s Rule
Each member of a conspiracy is chargeable with all crimes in furtherance or the natural and probably consequence of the unlawful act (foreseeable).
Wharton’s Rule
No conspiracy and guilt of the target crime if crime requires two parties.
Homicide
The killing of a human being by another human being.
Murder
Unlawful killing of a human being committed with malice aforethought.
Four elements to malice
- Intent to kill 2. Intent to commit serious bodily harm. 3. Wanton reckless conduct “depraved heart” 4. Felony murder rule
Felony Murder Rule
Any homicide committed in the perpetration of an inherently dangerous felony.
Dangerous Felonies for Felony Murder
BARRM/KSS 1. Burglary 2. Arson 3. Rape 4. Robbery 5. Mayhem 6. Kidnapping 7. Sodomy 8. Sexual molestation
First Degree Murder
Specific intent to kill plus premeditation and deliberation or by poison, bomb, torture or ambush
Second Degree Murder
All murder which is not murder in the first degree
Four Tests and Definitions for Insanity
- M’Naghten: Right/Wrong Test: D did not know what he did was morally wrong or quality of act.
- Irresistible Impulse: Inability to control conduct
- Model Penal Code: D lacks substantial capacity to conform conduct to law or appreciate wrongfulness of his conduct.
- Diminished Capacity: Limited to specific intent crimes to mitigate mens rea
Four Elements to Mitigation of Murder
- Heat of passion: Reasonable man test
- D must have in fact been provoked and provocation must have caused D to kill victim
- Objectively insufficient time to calm down
- Actual subjective loss of mental equilibrium
Involuntary Manslaughter
Unintentional homicide without malice which can committed through misdemeanor, criminal negligence or intent to intent to inflict non-serious bodily harm.
Battery
Unlawful application of force to another’s person
Assault
The intentional placing of another in a reasonable apprehension of immediate bodily harm.
Rape
An act of sexual intercourse accomplished with a person, not the spouse of the perpetrator, without consent.
Mayhem
The malicious maiming or disfiguring of another
False imprisonment
Unlawful detention or confinement of another
Kidnapping
The intentional and unlawful movement of another against their will
Burglary (Common Law and Modern Law)
Common: The breaking and entering of the dwelling house of another in the nighttime with the specific intent to commit a felony therein.
Modern: Unlawful entrance in any structure with the intent to commit a crime therein.
Arson
Malicious burning of the dwelling house of another.
Larceny
Trespassory taking a carrying away of personal property of another with intent to permanently deprive thereof.
Larceny by Trick
Fraud to obtain possession, not title.
Embezzlement
Fraudulent conversion of rightfully entrusted personal property.
False Pretenses
Obtaining title by means of false and intentional representation of past or existing fact which causes victim to pass title to the wrongdoer.
Robbery
Larceny from the person or immediate presence of victim by means of force, fear, violence or intimidation.
Receiving Stolen Property
Receiving of property knowing it to be stolen with the intent to permanently deprive the owner thereof.
Forgery
The fraudulent making or altering of a writing with intent to defraud or deceive.
Uttering
Offering as genuine an instrument known to be false with the intent to defraud.
Extortion
Obtaining property from another with consent by means of intimidation which is of a lesser degree than that required for robbery.
Compounding
Acceptance of consideration in return for one’s agreement not to prosecute another’s crime.
Breach of the Peace
Any willful act which reasonably disturbs the public.
Malicious Mischief
Malicious infliction of injury upon the property of another
