NC Criminal Law Flashcards
“Year and a Day” Rule
Under common law, if a person died a year and a day after the conduct that caused the death, not murder.
NC has abolished this rule.
First Degree Murder
Three ways to get First Degree Murder
- Premeditation + Deliberation
- Special Means
- Felony Murder
Premeditation (Quantity of Thought): Need not last any perceptible amount of time, so long as a “fixed design to kill” develops.
Deliberation (Quality of Thought): A state of mind undisturbed by hot blood, i.e. not overcome by emotion when decision to kill is made.
Special Means for First Degree Murder
- Nukes, Chemical or Bio WMDs
- Poison
- Lying in Wait
- Imprisonment
- Starving
- Torture
Second Degree Murder
All murders that are not First Degree. Requires:
Killing + Malice
Malice
Can be express or implied.
Express Malice: An intent to kill
Implied Malice: Inherently dangerous act or omission manifesting an utter disregard for human life (i.e. depraved heart murder)
Voluntary Manslaughter
NC Common Law defines as mitigated murder. Can result from either:
Adequate Provocation
- Unlawful Restraint
- Assault
- Adultery (must catch in act or clear just completed)
Imperfect Self Defense
- Excessive/disproportionate force
- D started fight then unintentionally killed
- Honest but unreasonable belief deadly force needed
Involuntary Manslaughter
Unintentional Killing + No Malice
Resulting from:
- Nonfelonious unlawful act (i.e. speeding)
- Light blow to eggshell victim
- Criminal Negligence
Criminal Negligence
Recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others.
Crim Neg is more than civil neg but less than Malice
Felony Murder
A murder committed in the perpetration (or attempt) of:
- Burglary
- Arson
- Rape / Sex Offense
- Robbery
- Kidnapping
Also includes ANY felony/attempted felony with a deadly weapon (liberally interpreted in NC).
Sale of controlled substance = deadly weapon in NC.
Battery
NC Common Law = Unlawful Physical Touching
Assault
Attempted / Successful Battery; OR
A “show of violence” that must cause:
- a reasonable apprehension of immediate bodily harm; AND
- must also cause victim to engage in a course of action they otherwise would not have followed.
Aggravated Assault
Harsher punishment under NC law for certain kinds of assaults. Generally the spectrum is:
Assault<awdw></awdw>
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<span>Generally, aggravation is caused by assaults against women/children/invalids ("Life Boat Rule") or government workers.</span></p>
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Male D over 18 v. any female</li>
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D v. child under 12</li>
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D v. school employee / volunteer during school-sponsored activity</li>
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D v. public transit worker</li>
<li>
D v. company or campus police officer</li>
<li>
D v. handicapped person</li>
</ul>
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Mayhem
Under NC law it is illegalto engage in:
- castration
- maiming
- disfiguring; or
- thowing acid/alkaline on someone
False Imprisonment
NC follows Common Law
- Intentionally and unlawfully
- Restrained or detained another person
- Without their consent
Note: False imprisonment is a lesser included offense to kidnapping!
Note: Shopkeeper’s Privilege in NC requires PROBABLE CAUSE, not just reasonable suspicion of theft.
Kidnapping
False imprisonment for a “certain purpose”
NO MOVEMENT REQUIRED
Certain Purposes are:
- Holding for ransom/hostage/shield;
- Facilitating other felony or flight therefrom;
- Serious bodily harm to or terrorizing victim; or
- Holding victim in involuntary servitude
First and Second Degree Kidnapping
First-degree occurs when the Victim is:
- not released in a safe place;
- seriously injured; or
- sexually assaulted
ALL other kidnappings are second-degree.
Rape
Involves Penis to Vagina Penetration ONLY
ALL other sex acts => Sex Offenses, not “Rape”
First Degree Rape
Penis/Vagina by force w/o consent AND actor:
- Used or displayed a dangerous or deadly weapon (or something that a reasonable person would believe was one); or
- Inflicts serious personal injury (mental or physical) to the victim or another person; or
- Had a helper.
Also first degree rape if V a child under age of 13 and D is at least 12 yo AND at least 4 years older than V.
Second Degree Rape
Penis/Vagina by force and without consent; OR
When D knew or should have known that V was:
- mentally disabled
- mentally incapacitated; or
- physically helpless
Statutory Rape
D has vaginal sex or engages in sexual act with V who is 13-15yo and D is at least six years older.
Exception: D and V are lawfully married
Lesser Sentence: if D between 4-6 years older than V.
MISTAKE OF AGE IS NOT A DEFENSE!
Larceny
- Trespassory taking and carrying away
- of the tangible property of another
- with intent to permanently deprive
Felonious if:
- Over $1000 stolen;
- Pursuant to Burglary or B&E;
- Steal gun or explosive; or
- steal from the person (i.e. pickpocketing)
Doctrine of Recent Possession
In NC, if found in possession of stolen goods that were recently the subject of a theft, permits inference that you stole them.
Lost Property Rule
Where there is a reasonable means of ascertaining the owner of lost property, it can’t be taken and kept for personal use.
Embezzlement
- D fraudulently or knowingly and willingly misapplied or converted the property of another;
- That had been entrusted to D;
- For a purpose other than the one for which D received it.
Robbery
NC recognizes two forms of robbery
- Common Law Robbery: Larceny from person or presence of a person by violence or intimidation.
- Armed Robbery: Commit (or attempt) larceny from the person or presence of a person, by use of a firearm or dangerous weapon.
False Pretenses
a. false representation of a fact or regarding a future fulfillment or event;
b. made with intent to deceive;
c. actually does deceive; and
d. obtain or attempt to obtain something of value
NC Distinction Note: NO need for title to pass! Creates overlap in NC between False Pretenses and Larceny by Trick.
Passing a bad check for property = False Pretenses!
Burglary
North Carolina defines burglary as:
- B&E of the dwelling house of another;
- at night;
- with intent to commit a felony (or any larceny) at time of entry;
Use of fraud, deceit, or intimidation to gain entry = “constructive breaking”
Entry of tool can = entry, UNLESS the tool is inserted solely for the purpose of breaking.
First Degree = Occupied / Second Degree = Not
Arson
Modified Common Law
Arson is the malicious burning
of the dwelling
of another.
1st Deg = Occupied (even if killed first)
2nd Deg = Unoccupied
Solicitation
Common law offense: Enticing, advising, inciting, inducing, urging, or otherwise encouraging another to commit a felony or breach of the peace.
Under NC law, solicitation of a felony punished two classes lower than the solicited crime.
Solicitation of misdemeanor assault or misdemeanor obstruction of justice = class 3 misdemeanor.
Attempt
Two elements:
1) A specific intent to bring about a criminal result; and
2) A significant overt act in furtherance of that event.
Attempt merges into the completed crime once committed.
NC requires more than mere prep, must commence a chain of events likely to end in consummation.
NC attempted murder by definition must be first-degree, because otherwise requisite mental state lacking.
NC attempted voluntary manslaughter where intent to kill but mitigated by adequate provocation.
Conspiracy
NC follows common law rule definition
NO overt act required!
Conspiracy is complete upon agreement
Punishable one class lower than planned crime.
Aiding and Abetting
NC follows common law
Treats those who:
aid and abet, or
act in concert
as PRINCIPALS to the crime
Accessory After the Fact
Stand-alone crime in NC
1) Knowingly assist another to escape detection, arrest, or punishment;
2) For a felony already committed.
“Knowingly assist” means knowledge that felony was committed.
Possessory Offenses
Possession may be actual or constructive
Constructive possession requires a showing of D’s power and intent to control disposition.
Totality of the Circumstances Test
Nonexclusive possession of premises, absent other factors, is insufficient to prove consructive possession.
Defense of Insanity
M’Naghten Test: D must prove that at time crime was committed, D did not know the nature of the act or did not know that it was wrong.
D must prove insanity “to the satisfaction of the jury.”
Jury must be informed that a finding of not guilty by insanity does NOT mean release, but will require D to be held until civil commitment proceedings determine whether D should be confined to state hospital.
Defense of Infancy
Self-Defense
(Non-Deadly Force)
Jury decides reasonableness of D’s action
Standard is if a person of ordinary firmness would have believed force was necessary
In a non-deadly assault, D may only exchange blows.
Self-Defense
(Deadly Force)
NC only permits use of deadly force in response to an actual deadly assault.
Fear someone is about to commit assault is insufficient.
Must be for self or a family member, no 3rd parties
Defense of Home or Habitation
May use deadly force to defend home or habitation against another person attempting unauthorized entry
IF
1) you reasonably believe there is danger of death or bodily harm; or
2) you readonably believe entering person intends to commit a felony
Duty to Retreat
There is NO duty to retreat under NC law unless the assault responded to is non-felonious.
There is never a need to retreat from your home or business, regardless of the character of the assault.
Imperfect Self-Defense
Where V unreasonably uses deadly force; or
The initial victim escalates the altercation to deadly force and initial aggressor ends up killing them.
Defense of Entrapment
1) But for law enforcement’s misrepresentation, trickery, persuasion, or fraud, he would not have committed the offense
(b/c the criminal intent and design originates in the mind of one other than the D)
AND
2) D was not predisposed to commit the offense.
A clear distinction is to be drawn between inducing a person to commit a crime he did not contemplate doing, and the setting of a trap to catch him in the execution of a crime of his own conception.
