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Law 2 > Law 2 > Flashcards

Law 2 Flashcards

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1
Q

Homicide

A

Killing of a human being, by another human being
Can be justified (self-defense, acts of war, police, death penalty, assisted suicide)

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2
Q

Criminal Homicide

A

Killing of a human being, by another human being, in a manner proscribed by law

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3
Q

Levels of Homicide

A

Common Law: Manslaughter, Murder
Modern: Vehicular, Involuntary, Voluntary, first, second, third, felony murder, capital murder

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4
Q

Suicide

A

A human being, killing oneself, with the intent to kill oneself

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5
Q

Common Law Suicide

A

Forfeiture of all property, ignominious burial

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6
Q

Common Law Murder

A

Killing another human being with malice aforethought (intent to kill, inflict grievous bodily harm, extremely reckless disregard for human life, death occurs during felony)

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7
Q

Modern Murder

A

Killing another human being premeditated

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8
Q

Capital Murder

A

Killing by a hitman, killing a police officer, killing by serial killer, killing pregnant woman, terrorism

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9
Q

Roper v. Simmons (2005)

A

Cruel and Unusual punishment to execute minor

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10
Q

First Degree Murder

A

Killing another human being
(Common Law = Malice aforethought)
(Modern = Premeditation “in cold blood”, with deliberation)

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11
Q

Premeditation

A

Considering the act before committing it
Thinking out the act before (can be very quick)

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12
Q

Transferred Intent

A

Killed the wrong person, but meant to kill someone -> Murder and Attempted Murder

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13
Q

Felony Murder

A

Killing a person intentionally, recklessly, or accidentally while committing a dangerous felony (elements of felony must be met)
Usually limited to worst felonies
Limited to reasonably foreseeable consequences

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14
Q

Second Degree Murder

A

Intent to kill but NOT premeditated
Intent = malice aforethought (intent to inflict grievous bodily harm, extremely reckless state of mind, extreme indifference for human life “depraved mind”)

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15
Q

Voluntary Manslaughter

A

No malice aforethought or premeditation
“Heat of Passion” = mental state
In a state of passion, with adequate provocation, with no opportunity to cool off

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16
Q

Proving state of passion
Proving adequate provocation

A

evidence of demeanor
naturally tend to arouse the passion of an ordinarily reasonable person (adultery, mutual combat, serious assault on relatives)

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17
Q

Involuntary Manslaughter

A

Reckless or Criminally Negligent or Unlawful Act
Not wanton, not extremely reckless (would be second degree murder)

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18
Q

Reckless/Negligent

A

Based on relative risk
Shooting at backyard with woods vs shooting at backyard with train tracks
Leaving child in car
drinking/texting and driving

19
Q

Misdemeanor Manslaughter

A

Form of Involuntary Manslaughter
Death resulting from misdemeanor (bar fight)
Similar to Felony Murder (prohibited to worst)

20
Q

Battery

A

Sometimes merged with assault
Unlawful application of force to another (physical injury not required)
Reckless, Specific Intent

21
Q

Assault

A

Separate Crime
Attempted Battery, Fear of Imminent Battery

22
Q

Attempted Battery

A

Must intend to commit battery
Overt Act that “comes close” to committing battery (victim does not have to be aware)

23
Q

Fear of Imminent Battery

A

Causing reasonable apprehension of unlawful touching that is imminent
Specific or Reckless
Does not have to be fear of injury
Fear must be reasonable
Touching can not be in the future

24
Q

Aggravated Assault

A

Malicious wounding, usually requires weapon, intent to maim, disfigure, disable, or kill
in the commission of a crime

25
Q

Stalking

A

Following, lying in wait, surveillance
Intent is “knew or should have known” it would cause emotional distress

26
Q

Spoofing

A

Pretending to be another person or company, to monitor/defraud someone
Two victims

27
Q

False Imprisonment

A

Confining a person against their will
BUT Police privilege, shopkeeper’s privilege, citizen’s arrest

28
Q

Kidnapping

A

False Imprisonment + Carrying the person away (asporting) by force, threat of force, fraud, deception

29
Q

Robbery

A

Larceny from the victim’s person or presence by force (or threat of force) directed at the person

30
Q

Extortion/Blackmail

A

Threat to inflict future harm for money or property

31
Q

Common Law Rape

A

Only men as defendant
By force, without consent, with corroboration, prior sexual history admissable

32
Q

Modern Rape

A

Sexual Intercourse against the will of the victim by force or intimidation
many states require: “reasonable resistance”

33
Q

Megan’s Law

A

Requires convicted sex offenders to register with local law enforcement

34
Q

Theft/Larceny

A

Trespassory (without consent) taking and carrying away (asporting) of personal property of another, with intent to deprive them of it permanently (hoping to return not enough, also must have ability to return it)

35
Q

Larceny: Property

A

Personal property, not real estate
tangible property, not time or services
over $1000 in VA: Grand Larceny, may be felony
Under: Petit larceny

36
Q

Embezzlement

A

Defendant entrusted with the property, defendant fraudulently converts property, with intent to deprive defendant of it permanently

37
Q

False Pretenses (Type of Fraud)

A

False Representation of a material fact, made with knowledge that the fact was false, with intent to defraud the victim, causing the victim to pass title to the property

38
Q

Larceny by Trick

A

Thief carries property away, just custody
whereas false pretenses: victim delivers title to the thief

39
Q

Receipt (Control) of Stolen Property

A

Receiving property that has been stolen, with knowledge that it was stolen, with intent to deprive the owner of the property (defendant does not have to benefit)
Can be based on circumstantial evidence (Price was too good to be true)

40
Q

Burglary

A

Breaking (moving something that blocks entry) and Entering (intrusion of body or instrument) another’s dwelling (where people normally sleep) at night, with intent to commit a felony inside
Can include curtilage in some states

41
Q

Arson

A

Malicious (specific, wanton, willful) burning (charring/burning) of a dwelling house of another

42
Q

Police Power

A

State Government’s Broad Authority to advance: Public Health, Public Safety, Public Morality, Public Welfare, Peace and Quiet, Law and Order

43
Q

Disorderly Conduct

A

“disturbing the peace, breach of the peace”
Acts that disturb tranquility or order of the community

44
Q

Disorderly Conduct: Speech

A

Fighting words can be disorderly conduct, must inflict injury, tend to create a breach of peace, and are not an expression of ideas typically protected by free speech
Threat = Separate offense

Law 2 (1 decks)

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