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Criminal Law and Procedure > Exam 2 > Flashcards

Exam 2 Flashcards

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1
Q

Breaking and entering the dwelling house of another, in the nighttime, with the intent to commit a felony therein.

A

Burglary

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2
Q

The use of some force (twisting a doorknob)

A

Actual brekaing

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3
Q

Fraud, threatening the use of force, entering through a chimney, obtaining entry by a servant or co-conspirator.

A

Constructive breaking

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4
Q

The slightest intrusion into the structure by any part of the defendants body.

A

Entry of a person

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5
Q

only counts if used to commit an underlying felony

A

Entry of an object

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6
Q

Sending a young kid in to do the job for an adult

A

Constructive Entry by an Innocent Agent

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7
Q

it is used because it needs a casual relationship between the first to the second

A

breaking AND entering

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8
Q

Any place used to sleep in on a regular basis

A

Dwelling

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9
Q

going by occupancy, not ownership

A

of another

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10
Q

When a person’s features cannot be distinguished by natural sunlight

A

Nighttime

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11
Q

specific crime; to break and enter, to commit a felony inside

A

Intent

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12
Q

The malicious burning of the dwelling house of another

A

Arson

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13
Q

Intent to burn, Knew it would burn, obvious fire hazard

A

Malice crime

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14
Q

Fire damage to the structure due to the flame touching the structure

A

Burning

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15
Q

A wrongful taking or carrying away of personal property of another with intent to permanently deprive the owner of possession of the property

A

Larceny

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16
Q

Slightly movement in a carrying away motion

A

Carrying Away

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17
Q

The acquiring dominion and control over the property

A

Taking

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18
Q

No one gets possession over property due to breaking or losing

A

Malicious Mischief larceny

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19
Q

Has permission to take the property but permission was obtained by deception

A

Larceny by trick

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20
Q

I see it, I want it, I take it

A

Larceny

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21
Q

The Fraudulent conversion of the property of another by one who is already in lawful possession of the property

A

Embezzlement

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22
Q

Obtaining title or ownership to property by means of false representation, and with intent to defraud victim

A

False Pretenses

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23
Q

The property is taken from the victims person or presence by means of violence or intimidation

A

Robbery

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24
Q

Taking of property right off the person

A

Victims person

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25
Q

Close to the victim and within the victim’s control

A

Victim’s Presence

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26
Q

Use of ANY force to take

A

Violence

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27
Q

The treat of death, bodily injury, or destruction of the dwelling house and must place the victim in fear

A

Intimidation

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28
Q

obtaining or attempting to obtain property by threats not sufficient to robbery

A

Extortion

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29
Q

Receiving possession in a manner constituting a criminal offense by another person

A

Receiving Stolen Property

30
Q

Creating or altering something with legal significance

A

Forgery

31
Q

Passing off a forgery as genuine

A

Uttering a Forged Instrument

32
Q

Patterns, Punishments, and Felonies are all what

A

Consolidation of offenses under theft

33
Q

Only crime provided for in the US Constitution

A

Treason

34
Q

The willful giving of a false statement under oath in a judicial proceeding

A

Perjury

35
Q

Intentionally causing someone else to commit perjury

A

Subordination of perjury

36
Q

Agreeing for consideration not to prosecute another for a felony

A

Compounding a Crime

37
Q

the corrupt payment or receipt of anything of value in return for official action

A

Bribery

38
Q

Misdemeanor to counsel, incite, or induce another to commit the commission of any offense

A

Solicitation

39
Q

“take it back”

A

Renunciation

40
Q

A combination or agreement between two or more people to accomplish an unlawful purpose or to accomplish a lawful purpose by unlawful means

A

Conspiracy

41
Q

entering into the agreement

A

the Act of a conspiracy

42
Q

When it takes two people to commit a crime, then it takes three people to have a conspiracy to commit that crime

A

Whatron’s Rule

43
Q

what from a conspiracy is no defense no matter when it takes place

A

Withdrawal

44
Q

An act which, although done with the intention of committing a crime, for one reason or another falls short of completion

A

Attempt

45
Q

The defendant must do an act towards completing the crime

A

Act

46
Q

The standard distinguishing between preparation and attempt in a criminal case

A

Unequivocality

47
Q

What are the three defense impossibilities

A

Legal Impossibility, Factual Impossibility, and inherent impossibility

48
Q

When a defendant cannot aid in their own defense

A

Incompetency to stand trial

49
Q

What are the three conditions giving rise to insanity

A

Mental illness or disease, Mental Retardation, Involuntary Intoxication

50
Q

What does not work for the insanity plea?

A

Psychopathic personality or sociopathic personality disorder

51
Q

The tests for insanity are based on what

A

Cognitive and Volitional

52
Q

Inability to perceive reality and reason

A

Cognitive

53
Q

Inability to control behavior

A

Volitional

54
Q

The but/for test to identify the insanity of a defendant

A

New Hampshire Test

55
Q

Defendant is insane if they lacked the ability at the time to either know the nature and quality of his actions or know that his actions were wrong

A

M’Naghten Rule

56
Q

Evidence of mental illness that falls short of insanity that can prove the defendant could not have formed the specific intent for the crime

A

Diminished Capacity

57
Q

Is a state of mind, not a particular substance. Is a matter of degree

A

Intoxication

58
Q

Defendant either could not have known the substance ingested was intoxicating

A

Involuntary intoxication

59
Q

It shows the defendant lacked a specific intent required for the crime

A

Voluntary intoxication

60
Q

Only prevent liability if it shows that the defendant lacked a mental state essential to the crime

A

Mistake of Fact

61
Q

Never a defense (comes after the fact/act)

A

Forgiveness

62
Q

This can be a defense (comes before the fact/act)

A

Consent

63
Q

Require a lack of the victims consent, and can’t be committed if there was consent

A

Rape/Kidnapping

64
Q

Conduct otherwise criminal is justified if, as a result of pressure from natural forces, the defendant reasonable believed that the conduct was necessary to avoid a greater harm to society

A

Necessity

65
Q

A threat by another human being to use force against the defendant or another person unless the defendant commits the criminal offense

A

Duress

66
Q

One can use however much reasonable appears necessary to prevent a felony or serious breach of the peace

A

Non-Deadly Force

67
Q

Only to prevent or end a dangerous felony involving risk to human life

A

Deadly Force

68
Q

Where criminal intent originates with the police and defendant was not predisposed to commit the crime before the police contact

A

Entrapment

69
Q

The defendants predisposition to commit the crime is what and goes to what

A

Subjective standard- Jury

70
Q

Focus is on the law enforcement officer’s activity is what and goes to what

A

Objective standard- Judge

Criminal Law and Procedure (3 decks)

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