Elements Flashcards
How many States of Mind are there?
6
What are the all of the states of mind?
Knowingly Willfully Wantonly Maliciously Criminal Negligence Strict Liability
What is the definition of Knowingly?
subjective knowledge, objective knowledge or willful blindness
What is the definition of Willfully?
Wrongful act done without legal excuse or justification, or the commission of an act purposefully and deliberately in violation of law
What is the definition of Wantonly?
conscious and intentional disregard of and indifference to the rights and safety of others; this state of mind is essentially the same as willfully
What is the definition of Maliciously?
Three prongs are necessary
1) Done with Hatred or spite
2) Inherently dangerous to human life, and
3) Done intentionally and without justification
What is the definition of Criminal negligence?
Recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others
What is the definition of Strict Liability?
No guilty mind is necessary; the defendant committed the prohibited act and is, therefore, guilty
What is a statute of limitations?
The amount of time that can pass before a person can no longer be charged with a certain crime
In North Carolina, what is the statute of limitations for misdemeanors? Felonies?
2 years for misdemeanors. Indefinite for felonies.
What are the categories of criminal defenses?
1) One that justifies a person’s actions, such as self defense
2) One that shows lack of blameworthiness such as insanity or entrapment
3) Failure of proof or “negating” defenses such as accident, mistake, or diminished capacity
How many types of participants of crimes are there? what are they?
- Principals, Aiding and abetting, and Accesory before the fact to a felony
What is the definition of the principal participant of a crime?
The persons committing the entire crime, acting indirectly or acting in concert
What is necessary to be categorized as aiding and abetting a crime?
a. A crime is committed by another person
b. he or she knowingly advises, instigates, encourages, procures, or help the other person commit the crime AND
c. His or her actions or statements caused or contributed to the commission of the crime
What is necessary to be categorized being an accessory before the fact to a felony?
a. “Before a felony is committed by another, she or she counsels, procures, commands, or knowingly aids the other person to commit the felony
b. the felony is committed by the other person
c. he or she is not present when the other person commits the felony AND
d. His or her actions or statements caused or contributed to the commissions to the crime by the other person.
What is statute 7A?
court structure
What is statute 7B?
Juvenile code
What is statute 14?
criminal offenses
What is statute 15?
criminal procedure
What is statute 15A?
criminal procedure
What is statute 18B?
alcoholic beverage offenses
What is statute 20?
motor vehicle offenses
What is statute 50B?
domestic violence offenses
What is statute 90, Art. 5?
drug offenses
What are court decisions?
Court decisions interpret criminal law
What is a civil matter? When would it require police action?
A private dispute between two or more parties which may or may not involve a crime. It may require police action if only to keep the peace, prevent violence, keep a civil matter from turning into a criminal matter or when a criminal act is committed which is also a civil matter.
What are the offenses which patrol officers must be able to recognize “on sight”?
Resist, Delay, Obstruct an Officer Larceny Trespass, 1st and 2nd degree Simple Assault Simple Affray and Misdemeanor Affray Disorderly conduct Drunk and Disruptive Carrying concealed pistol or gun Carrying concealed weapon other than pistol or gun Communicating threats Violation of a domestic violence protective order Injury to real property Injury to personal property
What are the elements for Resist, Delay, Obstruct an Officer (RDO)?
A person guilty of the offense:
1) Willfully and unlawfully
2) Resists OR delays OR obstructs
3) a public officer
4) Knowing or having a reasonable grounds to believe that the victim is a public officer AND
5) while the officer is discharging or attempting to discharge a duty of his or her office
What are the elements of First Degree Tresspass?
A person guilty of the offense:
1) Without authorization
2) /a/ enters, or /b/ remains
3) /a/ on the premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders, or /b/ in a building of another
What are the elements of Second Degree Trespass?
A person guilty of the offense:
1) Without authorization
2) /a/ enters, or /b/ remains
3) on the premises of another
4) /a/ after having been notified no to enter or remain there by the owner, a person in charge of the premises, a lowful occupant, or another authorized person OR /b/ that are posted in a manner reasonably likely to come to the attention of intruders, with notice no to enter the premesis
What are the elements of Domestic Criminal Trespass?
A person guilty of the offense:
1) /a/ after having been forbidden to enter OR /b/ after having been ordered to leave
2) by a lawful occupent,
3) /a/ enters OR /b/ refuses to leave
4) the premises occupied by /a/ the charged person’s present or former spouse or /b/ another person with whom the charged person has lived as if married
5) at a time when the charged person and the present or former spuse or person with whom the charged person has lived as if married are living apart.
What are the elements of Simple Assault?
A person guilty of the offense:
1) commits an assault
2) on another
What are the elements of Simple Affray?
A person guilty of the offense:
1) engages in a fight with at least one person
2) in a public place
3) to the terror of the public
What are the elements of Disorderly conduct?
A person guilty of the offense:
1) intentionally
2) causes a public disturbance
What are the elements of Drunk and Disruptive?
A person guilty of the offense:
1) is intoxicated
2) in a public place AND
3) is disruptive by /a/ interfering with traffic on a highway or public vehicular area, /b/ interfereing with access to or passage across a sidewalk, /c/ interfering with an entrance to any building, /d/ grabbing, shoving, or pushing others, /e/ fighting or challenging others to fight, /f/ cursing, shouting at or rudely insulting others, OR /g/ BEGGING
What are the elements of Carrying Concealed Pistol or Gun
A person guilty of the offense:
1) /a/ willfully AND /b/ intentionally
2) carries
3) concealed about his or her person
4) /a/ a pistol OR /b/ a gun
5) /a/ while off his or her own premises AND /b/ if the deadly weapon is a handgun, the person does not have a concealed handgun permit or is not carrying the handgun in accordance with a valid handgun permit AND /c/ if the weapon is a handgun, the person is not allowed to carry a handgun as a military permittee
What are the elements of Carrying Concealed Weapon Other than a Pistol or a Gun
A person guilty of the offense:
1) /a/ willfully AND /b/ intentionally
2) carries
3) concealed about his or her person
4) a bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind
5) while off his or her own premises
What are the elements of Communicating Threats?
A person guilty of the offense:
1) without lawful authority /a/ willfully threatens to physically infure another person OR that person’s child sibling spouse or dependent OR /b/ willfully threatens to damage another’s property AND
2) communicates that threat to the other person
3) in a manner that would make a reasonable person believe it is likely to be carried out AND
4) the threat is believed by the threatened person
What are the elements of Violation of a Domestic Violence Protective Order?
A person guilty of the offense:
1) knowingly
2) violates a valid protective order pursuant to /a/ chapter 50B of the General Staturtes, /b/ a court of another state, OR, /c/ a court of an Indian tribe
What are the elements of Injury to Real Property?
A person guilty of the offense:
1) willfully and wantonly
2) damages, injures, or destroys
2) the real property of another
What are the elements of Injury to Personal Property?
A person guilty of the offense:
1) willfully and wantonly
2) damages, injures, or destroys
2) the personal property of another
What are the elements of Cutting, mutilating, defacing, or otherwise injuring property to obtain nonferrous metals?
A person guilty of the offense:
1) willfully and wantonly
2) cutting, mutilating, defacing, or otherwise injuring
3) any personal or real property of another, including fixtures or improvements
4) for the purpose of obtaining nonferrous metals of any amount
