Exam 2 Flashcards
Breaking and entering the dwelling house of another, in the nighttime, with the intent to commit a felony therein.
Burglary
The use of some force (twisting a doorknob)
Actual brekaing
Fraud, threatening the use of force, entering through a chimney, obtaining entry by a servant or co-conspirator.
Constructive breaking
The slightest intrusion into the structure by any part of the defendants body.
Entry of a person
only counts if used to commit an underlying felony
Entry of an object
Sending a young kid in to do the job for an adult
Constructive Entry by an Innocent Agent
it is used because it needs a casual relationship between the first to the second
breaking AND entering
Any place used to sleep in on a regular basis
Dwelling
going by occupancy, not ownership
of another
When a person’s features cannot be distinguished by natural sunlight
Nighttime
specific crime; to break and enter, to commit a felony inside
Intent
The malicious burning of the dwelling house of another
Arson
Intent to burn, Knew it would burn, obvious fire hazard
Malice crime
Fire damage to the structure due to the flame touching the structure
Burning
A wrongful taking or carrying away of personal property of another with intent to permanently deprive the owner of possession of the property
Larceny
Slightly movement in a carrying away motion
Carrying Away
The acquiring dominion and control over the property
Taking
No one gets possession over property due to breaking or losing
Malicious Mischief larceny
Has permission to take the property but permission was obtained by deception
Larceny by trick
I see it, I want it, I take it
Larceny
The Fraudulent conversion of the property of another by one who is already in lawful possession of the property
Embezzlement
Obtaining title or ownership to property by means of false representation, and with intent to defraud victim
False Pretenses
The property is taken from the victims person or presence by means of violence or intimidation
Robbery
Taking of property right off the person
Victims person
Close to the victim and within the victim’s control
Victim’s Presence
Use of ANY force to take
Violence
The treat of death, bodily injury, or destruction of the dwelling house and must place the victim in fear
Intimidation
obtaining or attempting to obtain property by threats not sufficient to robbery
Extortion
Receiving possession in a manner constituting a criminal offense by another person
Receiving Stolen Property
Creating or altering something with legal significance
Forgery
Passing off a forgery as genuine
Uttering a Forged Instrument
Patterns, Punishments, and Felonies are all what
Consolidation of offenses under theft
Only crime provided for in the US Constitution
Treason
The willful giving of a false statement under oath in a judicial proceeding
Perjury
Intentionally causing someone else to commit perjury
Subordination of perjury
Agreeing for consideration not to prosecute another for a felony
Compounding a Crime
the corrupt payment or receipt of anything of value in return for official action
Bribery
Misdemeanor to counsel, incite, or induce another to commit the commission of any offense
Solicitation
“take it back”
Renunciation
A combination or agreement between two or more people to accomplish an unlawful purpose or to accomplish a lawful purpose by unlawful means
Conspiracy
entering into the agreement
the Act of a conspiracy
When it takes two people to commit a crime, then it takes three people to have a conspiracy to commit that crime
Whatron’s Rule
what from a conspiracy is no defense no matter when it takes place
Withdrawal
An act which, although done with the intention of committing a crime, for one reason or another falls short of completion
Attempt
The defendant must do an act towards completing the crime
Act
The standard distinguishing between preparation and attempt in a criminal case
Unequivocality
What are the three defense impossibilities
Legal Impossibility, Factual Impossibility, and inherent impossibility
When a defendant cannot aid in their own defense
Incompetency to stand trial
What are the three conditions giving rise to insanity
Mental illness or disease, Mental Retardation, Involuntary Intoxication
What does not work for the insanity plea?
Psychopathic personality or sociopathic personality disorder
The tests for insanity are based on what
Cognitive and Volitional
Inability to perceive reality and reason
Cognitive
Inability to control behavior
Volitional
The but/for test to identify the insanity of a defendant
New Hampshire Test
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
M’Naghten Rule
Evidence of mental illness that falls short of insanity that can prove the defendant could not have formed the specific intent for the crime
Diminished Capacity
Is a state of mind, not a particular substance. Is a matter of degree
Intoxication
Defendant either could not have known the substance ingested was intoxicating
Involuntary intoxication
It shows the defendant lacked a specific intent required for the crime
Voluntary intoxication
Only prevent liability if it shows that the defendant lacked a mental state essential to the crime
Mistake of Fact
Never a defense (comes after the fact/act)
Forgiveness
This can be a defense (comes before the fact/act)
Consent
Require a lack of the victims consent, and can’t be committed if there was consent
Rape/Kidnapping
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
Necessity
A threat by another human being to use force against the defendant or another person unless the defendant commits the criminal offense
Duress
One can use however much reasonable appears necessary to prevent a felony or serious breach of the peace
Non-Deadly Force
Only to prevent or end a dangerous felony involving risk to human life
Deadly Force
Where criminal intent originates with the police and defendant was not predisposed to commit the crime before the police contact
Entrapment
The defendants predisposition to commit the crime is what and goes to what
Subjective standard- Jury
Focus is on the law enforcement officer’s activity is what and goes to what
Objective standard- Judge
