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Criminal Law > Exam 4 > Flashcards

Exam 4 Flashcards

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1
Q

5 Key Elements of the B&E Statutes

BEPIT

A
  1. Breaking
  2. Entry
  3. Property of Another
  4. Intent
  5. Time of day/night
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2
Q

• suspect not armed with a dangerous weapon;
• assaults another with force or violence;
• with intent to rob or steal
M/F?
ROA?

A

Unarmed Assault with Intent to rob or steal
Felony
All felonies are arrestable

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3
Q

• suspect armed with a dangerous weapon;
• assaults another;
• with the intent to rob or murder
M/F?
ROA?

A

Armed Assault with Intent to rob or murder
Felony
All felonies are arrestable

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4
Q

The defendant has the intent to steal a motor vehicle and does one of the following:
• assaults,
• confines,
• maims or,
• puts any person in fear
For the purpose of stealing a motor vehicle.
M/F?
ROA?

A

Carjacking
Felony
All felonies are arrestable

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5
Q

• the suspect willfully and maliciously engaged;
• in a pattern of conduct or series of acts (at least 3 incidents);
• which were directed against a specific person; and
• constituted harassment
M/F?
ROA?

A

Criminal Harassment
Misdemeanor
Arrest on probable cause (Probable Cause, Statutory)

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6
Q

• the suspect willfully and maliciously engaged;
• in a pattern of conduct or series of acts (at least 3 incidents);
• which were directed against a specific person; and
• constituted harassment;
• involved a threat with intent to cause imminent fear of death or serious bodily injury

M/F?
ROA?

A

Stalking
Felony
All felonies are arrestable

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7
Q

• the defendant knowingly participated in the commission of the crime charged; and
• had or shared the required criminal intent

A

Accomplice/ Joint Venture

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8
Q

• without lawful authority;
• the suspect intentionally;

Type 1: Forcibly or secretly confined another person against his will; OR
Type 2: inveigled another person with the intent to forcibly or secretly confine him against his will.
M/F?
ROA?

A

Kidnapping
Felony
All felonies are arrestable

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9
Q

Parental or Relative Kidnapping
Type 1: Child under 18 M/F?
Type 2: Child under 18 in danger or removed from the commonwealth M/F?
Type 3: Incompetent/ Other Person M/F?
Type 4: Incompetent/ Other in Danger M/F?

A

Felony
Type 2 and Type 4

Misdemeanor
Type 1 and Type 3

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10
Q

Moving anything that bars the way into a building or vehicle

A

Breaking

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11
Q

The unlawful making of one’s way into a building or vehicle

A

Entry

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12
Q

A place where people live. Includes tenements, hotels, motels, institutions, sanitariums, boarding houses, apartments houses,hospitals, etc.

A

Dwelling house

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13
Q

Includes buildings, motor vehicle, ships, vessels, trucks, and railroad cars.

A

Premises

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14
Q

What is nighttime?

A

Beginning one hour after sunset and one hour before sunrise the next day.

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15
Q

When a person enters a home or building at any time of day or night, the law presumes that he _____________.

A

Intends to steal

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16
Q

the suspect breaks and enters;
• a building, ship, vessel, or vehicle;
• in the nighttime;
• with intent to commit a felony
M/F?
ROA?

A

B&E with Intent to Commit Felony
Felony
All felonies are arrestable

17
Q

•breaks and enters with intent to commit a felony; OR
• enters with intent to commit a felony and then breaks into;
• a dwelling house;
• in the nighttime; and
The suspect:
• is not armed with a dangerous weapon while in the house; and
• does not assault a lawful occupant.
M/F?
ROA?

A

Burglary
Felony
All felonies are arrestable

18
Q

•breaks and enters with intent to commit a felony; OR
•enters with intent to commit a felony and then breaks into;
• a dwelling house
•in the nighttime
•while someone is inside AND
•arms himself with a dangerous weapon before going into or while inside the dwelling

M/F?
ROA?

A

Aggravated Burglary
Felony
All felonies are arrestable

19
Q

•the suspect breaks and enters;
•at any time of day or night
•a building, ship, vessel, or vehicle;
•with the intent to commit a misdemeanor

(e.I homeless persons finding shelter)
M/F?
ROA?

A

B&E with intent to commit a misdemeanor
Misdemeanor
In presence, breach of peace

20
Q

•enters without breaking in the nighttime; OR breaks and enters in the daytime
•building, vessel, vehicle
•with the intent to commit a felony;
•no person lawfully inside is “put in fear”
M/F?
ROA?

A

B&E Daytime
Felony
All felonies are arrestable

21
Q

•enters without breaking in the nighttime; OR breaks and enters in the daytime
•building, vessel, vehicle
•with the intent to commit a felony;
•the owner or any other person lawfully inside is “put in fear”
M/F?
ROA?

A

Aggravated B&E Daytime
Felony
All felonies are arrestable

22
Q

•entering a dwelling
•in the daytime;
•by a false pretense;
•with the intent to commit a felony, or with the actual result of a larceny inside
(I.e Acting like a Verizon guy)
M/F?
ROA?

A

Daytime Entry by False Pretense
Felony
All felonies are arrestable

23
Q

•the suspect had a specific intent to commit the crime; and
•took some overt act towards its commission; and
•did not complete the crime because his effort failed or was interrupted

A

Attempt to commit a crime

24
Q

If attempts involves a felony punishable by 5 years in state prison

M/F?

A

Felony

25
Q

If attempt involves a felony punishable by less than 5 years or any misdemeanor

M/F?

A

Complaint

26
Q

If attempt involves any larceny under 266 s 30

ROA?

A

Warrantless arrest in presence

27
Q

Chapter 266

A

Property crimes

28
Q

Chapter 265

A

Crimes against the person

29
Q

Chapter 269

A

Firearms/ weapons

30
Q

Chapter 94c

A

Drug crimes

31
Q

Chapter 272

A

Public Order Crimes

32
Q

Chapter 138

A

Alcohol Crimes

33
Q

Misdemeanor Rights of Arrest

A

Misdemeanor In presence, breach of peace
Misdemeanor In presence, statutory right
Misdemeanor probable cause, statutory right

34
Q

Elements of Intent to Commit a Crime

A

-Overact
-Specific Intent
-Failure

Criminal Law (4 decks)

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