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Flemings-Criminal Law > Definitions > Flashcards

Definitions Flashcards

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1
Q

Seven Duties to Act

A
  1. 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
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2
Q

Specific Intent

A

The actual intent or purpose to do the prohibited action of the particular crime.

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3
Q

General Intent

A

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.

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4
Q

Transferred Intent

A

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.

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5
Q

Four Types of Accomplices of Felony

A
  1. 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
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6
Q

Solicitation

A

Specific intent to induce another to commit a crime. It will merge with attempt, conspiracy or target offense.

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7
Q

Attempt

A

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.

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8
Q

Conspiracy

A

Agreement between two or more persons to commit an unlawful act

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9
Q

Pinkerton’s Rule

A

Each member of a conspiracy is chargeable with all crimes in furtherance or the natural and probably consequence of the unlawful act (foreseeable).

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10
Q

Wharton’s Rule

A

No conspiracy and guilt of the target crime if crime requires two parties.

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11
Q

Homicide

A

The killing of a human being by another human being.

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12
Q

Murder

A

Unlawful killing of a human being committed with malice aforethought.

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13
Q

Four elements to malice

A
  1. Intent to kill 2. Intent to commit serious bodily harm. 3. Wanton reckless conduct “depraved heart” 4. Felony murder rule
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14
Q

Felony Murder Rule

A

Any homicide committed in the perpetration of an inherently dangerous felony.

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15
Q

Dangerous Felonies for Felony Murder

A

BARRM/KSS 1. Burglary 2. Arson 3. Rape 4. Robbery 5. Mayhem 6. Kidnapping 7. Sodomy 8. Sexual molestation

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16
Q

First Degree Murder

A

Specific intent to kill plus premeditation and deliberation or by poison, bomb, torture or ambush

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17
Q

Second Degree Murder

A

All murder which is not murder in the first degree

18
Q

Four Tests and Definitions for Insanity

A
  1. M’Naghten: Right/Wrong Test: D did not know what he did was morally wrong or quality of act.
  2. Irresistible Impulse: Inability to control conduct
  3. Model Penal Code: D lacks substantial capacity to conform conduct to law or appreciate wrongfulness of his conduct.
  4. Diminished Capacity: Limited to specific intent crimes to mitigate mens rea
19
Q

Four Elements to Mitigation of Murder

A
  1. Heat of passion: Reasonable man test
  2. D must have in fact been provoked and provocation must have caused D to kill victim
  3. Objectively insufficient time to calm down
  4. Actual subjective loss of mental equilibrium
20
Q

Involuntary Manslaughter

A

Unintentional homicide without malice which can committed through misdemeanor, criminal negligence or intent to intent to inflict non-serious bodily harm.

21
Q

Battery

A

Unlawful application of force to another’s person

22
Q

Assault

A

The intentional placing of another in a reasonable apprehension of immediate bodily harm.

23
Q

Rape

A

An act of sexual intercourse accomplished with a person, not the spouse of the perpetrator, without consent.

24
Q

Mayhem

A

The malicious maiming or disfiguring of another

25
Q

False imprisonment

A

Unlawful detention or confinement of another

26
Q

Kidnapping

A

The intentional and unlawful movement of another against their will

27
Q

Burglary (Common Law and Modern Law)

A

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.

28
Q

Arson

A

Malicious burning of the dwelling house of another.

29
Q

Larceny

A

Trespassory taking a carrying away of personal property of another with intent to permanently deprive thereof.

30
Q

Larceny by Trick

A

Fraud to obtain possession, not title.

31
Q

Embezzlement

A

Fraudulent conversion of rightfully entrusted personal property.

32
Q

False Pretenses

A

Obtaining title by means of false and intentional representation of past or existing fact which causes victim to pass title to the wrongdoer.

33
Q

Robbery

A

Larceny from the person or immediate presence of victim by means of force, fear, violence or intimidation.

34
Q

Receiving Stolen Property

A

Receiving of property knowing it to be stolen with the intent to permanently deprive the owner thereof.

35
Q

Forgery

A

The fraudulent making or altering of a writing with intent to defraud or deceive.

36
Q

Uttering

A

Offering as genuine an instrument known to be false with the intent to defraud.

37
Q

Extortion

A

Obtaining property from another with consent by means of intimidation which is of a lesser degree than that required for robbery.

38
Q

Compounding

A

Acceptance of consideration in return for one’s agreement not to prosecute another’s crime.

39
Q

Breach of the Peace

A

Any willful act which reasonably disturbs the public.

40
Q

Malicious Mischief

A

Malicious infliction of injury upon the property of another

Flemings-Criminal Law (4 decks)

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