Law 2 Flashcards by Unknown Unknown

Homicide

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

How well did you know this?

Not at all

Perfectly

Criminal Homicide

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

How well did you know this?

Not at all

Perfectly

Levels of Homicide

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

How well did you know this?

Not at all

Perfectly

Suicide

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

How well did you know this?

Not at all

Perfectly

Common Law Suicide

Forfeiture of all property, ignominious burial

How well did you know this?

Not at all

Perfectly

Common Law Murder

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

How well did you know this?

Not at all

Perfectly

Modern Murder

Killing another human being premeditated

How well did you know this?

Not at all

Perfectly

Capital Murder

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

How well did you know this?

Not at all

Perfectly

Roper v. Simmons (2005)

Cruel and Unusual punishment to execute minor

How well did you know this?

Not at all

Perfectly

First Degree Murder

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

How well did you know this?

Not at all

Perfectly

Premeditation

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

How well did you know this?

Not at all

Perfectly

Transferred Intent

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

How well did you know this?

Not at all

Perfectly

Felony Murder

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

How well did you know this?

Not at all

Perfectly

Second Degree Murder

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”)

How well did you know this?

Not at all

Perfectly

Voluntary Manslaughter

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

How well did you know this?

Not at all

Perfectly

Proving state of passion
Proving adequate provocation

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

How well did you know this?

Not at all

Perfectly

Involuntary Manslaughter

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

How well did you know this?

Not at all

Perfectly

Reckless/Negligent

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

Misdemeanor Manslaughter

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

Battery

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

Assault

Separate Crime
Attempted Battery, Fear of Imminent Battery

Attempted Battery

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

Fear of Imminent Battery

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

Aggravated Assault

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

Stalking

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

Spoofing

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

False Imprisonment

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

Kidnapping

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

Robbery

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

Extortion/Blackmail

Threat to inflict future harm for money or property

Common Law Rape

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

Modern Rape

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

Megan's Law

Requires convicted sex offenders to register with local law enforcement

Theft/Larceny

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)

Larceny: Property

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

Embezzlement

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

False Pretenses (Type of Fraud)

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

Larceny by Trick

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

Receipt (Control) of Stolen Property

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)

Burglary

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

Arson

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

Police Power

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

Disorderly Conduct

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

Disorderly Conduct: Speech

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