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Criminal Law > Test 1 > Flashcards

Test 1 Flashcards

0
Q

What is the statute for Simple Assault? And is it a specific or general intent crime?

A

240PC, specific

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1
Q

What are the elements of Simple Assault?

A
  1. Unlawful Attempt
  2. Present Ability
  3. To commit violent injury
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2
Q

What type of crime is Simple Assault?

A

Misdemeanor

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3
Q

What are the elements of Battery?

A
  1. Willful and unlawful

2. Use of force or violence on person of another

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4
Q

What is the statute for Battery? Is it specific or general intent? What type of crime is it?

A

242PC, general intent, felony wobbler

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5
Q

What are the elements of Burglary?

A
  1. Entry of:
  2. Building or place listed in statute;
  3. With intent to commit grand or petty theft or any felony
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6
Q

What is the statute for burglary? Specific or general intent? What type of crime is it?

A

459PC, specific, Felony (wobbler)

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7
Q

What are the elements of Grand Theft?

A
  1. Takes money, labor, real, or personal property of value over $950, or;
  2. Domestic fowls, avocados, olives, citrus, or deciduous fruits, fruits, nuts, and artichokes, valued over $250 OR:
  3. From person of another, OR:
  4. An automobile, horse, mare, firearm, lamb, gelding, cow, pig, mule, dog, ect REGARDLESS OF VALUE;
  5. With intent to permanently deprive
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8
Q

What is the statute for Grand Theft? What type of intent? What type of crime?

A

487PC, specific intent, Felony (wobbler)

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9
Q

What are the elements of Robbery?

A
  1. Felonious taking of personal property
  2. In possession of another
  3. From person or immediate presence
  4. Against his will
  5. By means of force or fear
  6. With intent to permanently deprive
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10
Q

What is the statute for Robbery? What type of intent? What kind of crime?

A

211PC, specific intent, Felony

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11
Q

What are the elements of Battery of Spouse, Cohabitant?

A
  1. Willfully inflicts corporal injury
  2. On spouse or cohabitant
  3. Resulting in traumatic condition
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12
Q

What is the statute for Battery of spouse, cohabitant? What type of intent? What kind if crime?

A

273.5 PC, general intent, felony (wobbler)

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13
Q

What are the elements of first degree murder?

A
  1. Unlawful killing
  2. Of human being or fetus
  3. With malice aforethought
  4. Willful, deliberate, and PREMEDITATED
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14
Q

What is the statute for first degree murder? Intent? Type of crime?

A

187PC, specific intent, felony-possible death penalty

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15
Q

Pick pocketing is what crime?

A

Grand Theft- 487PC

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16
Q

242 PC

17
Q

240 PC

18
Q

242 PC

19
Q

245 PC

A

Assault with a deadly weapon

20
Q

Battery of a spouse, cohabitant

21
Q

211 PC

22
Q

487 PC

A

Grand theft

23
Q

What is megans law?

A

Requires sex offenders to register, it becomes public info

24
Q

666 pc

A

Someone convicted 3 or more times of petty theft, grand theft, auto theft, or felony violation in which they served in a penal institution, and is THEN convicted of petty theft is punishable by imprisonment in a county jail not exceeding one year

25
Q

What is the penalty for 3 strikes?

26
Q

Corpus delicti

A

Body (or substance) of the crime

27
Q

T or F? Corpus delicti = elements of the crime

A

False, it just means that a crime has occurred

28
Q

A confession to a crime–

A

Does not establish corpus delicti, such proof must be established without a statement of the defendant

29
Q

Actus reus

A

Guilty act

30
Q

Mens rea

A

Guilty mind

31
Q

Specific intent

A

Express malice…as in murder

32
Q

Malice

A

Used synonymously with general intent, mental condition to cause harm or injury

33
Q

Criminal negligence

A

Beyond ordinary negligence, shows disregard for human life

34
Q

Causation

A

When an act or omission causes an event that can be said it would not have occurred if not for that act or omission. (Ex. Man shoots at another man but accidentally hits woman in background instead)

35
Q

Cause in fact

A

Mark aims a pistol at joe and pulls trigger. Marks pulling of the trigger is Cause In Fact of Joes death

36
Q

What tests are used for cause in fact ?

A
  1. But-for-test

2. Substantial factor test

37
Q

Proximate cause

A

One is still responsible for the death of another if their action caused the death…even if it wasnt meant to

38
Q

Felony Murder Rule

A

ALL PERSONS aiding and abetting the commission of any felony listed in PC189 are guilty of FIRST DEGREE MURDER

39
Q

Vicarious Liability Doctrine

A

When 2 or more people agree to kill as part of their plan to carry out their crimes, each of them are guilty of murder even if the other does the killing (ex. Drive By shooting..driver and non shooters would all be guilty of murder)

40
Q

Criminal emhancements

A

Sex crimes, burglary, theft, GBI, armed, gangs ect.

Criminal Law (2 decks)

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