VOCABULARY Flashcards
ASSAULT
ASSAULT, is defined as the unlawful placing of another in the reasonable apprehension of an immediate impending battery
BATTERY
BATTERY, is defined as the unlawful, harmful or offensive touching of another without consent or privilege.
BURGLARY AT COMMON LAW
At Common Law, burglary is defined as the breaking and entering into the dwelling house of another at night with the intent to commit a felony therein.
BURGLARY, MODERNLY
Modernly, burglary is defined as the entering of a protected structure of another with the intent to commit a felony or theft therein.
LARCENY
Larceny is the taking and carrying away of the personal property of another without their consent and with the intent to permanently deprive the owner of it.
ROBBERY
Robbery is the taking and carrying away of the personal property of another through threat or force, from their immediate presence, with the intent to permanently deprive the owner of their property.
ACCESSORY AFTER THE FACT
Accessory after the fact is defined as a crime when one who knows that a crime has been committed, aids and assists one in escaping capture or prosecution for that crime
ARSON
Arson is defined as willfully and maliciously setting fire to any structure and land of another. Arson can be defined as willfully and mailiciously setting fire to one’s own property if for the purpose of insurance fraud.
ATTEMPT
Attemp is defined as a direct but ineffectual act towards the completion of a criminal offense with the specific intent to commit the crime.
ATTEMPTED
BATTERY
Attempted Battery is defined as a direct but ineffectual act towards the completion of the crime of battery with the specific intent to commit battery.
BIGAMY
Bigamy is defined as marrying any other person while having a husband or wife living.
BRIBERY
Bribery is defined as giving, offering, promising to anyone about to be called as a witness, consideration with any understanding or agreement that the testimony of the witness shall be influenced by the consideration.
COMPOUNDING A FELONY
Compounding a felony is defined as taking money, property, gratuity, reward, or promise therof, while agreeing to conceal a crime or abstain from prosecuting a crime with knowledge that a crime has been committed.
CONSPIRACY
Conspiracy is defined as an agreement between two or more parties to commit the criminal offense of ( ) and an overt act towards the copletion of that offense.
EMBEZZLRMENT
Embezzlement is defined as the converting of the property of another who has entrusted that property to the defendant, with the intent to permanently deprive.
EXTORTION
Extortion is defined as obtainging property of another by wrongful use of force or under color of authority with the intent to permanently deprive.
FORGERY
Forgery is defined as the fraudulent creating or altering of a document or object with the intent to defraud or deceive.
HOMICIDE
Homicide is defined as the unlawful killing of a human being by another.
MURDER
Murder is defined as the intentional killing of another with malice aforethought.
MALICE AFORETHOUGHT
Malice Aforethought is the mens rea of murder and is defined as either express or implied.
EXPRESS
Express malice is defined as the intent to kill.
IMPLIED
Implied malice can be inferred by acts intending to create great bodily harm, by acts that demenstrate depraved indifference, or by acts that are inherently dangerous to human life, or by killing lduring commission of a felony.
MURDER IN THE FIRST DEGREE
First degree murder is murder committed with premeditation and deliberation.
PREMEDITATION
Premeditation is supported by the facts indicaating planning and preparation to kill.
Deliberation
Deliberation is supported by facts indicating the killer took the time to reflect before killing.
MURDER IN THE SECOND DEGREE
Murder in the secondd degree is defined as the unlawful and intentional killing of another with malice aforethought. Alternatively, second degree murder is understood as all murders that are not first degree.
FELONY MURDER IN THE FIRST DEGREE
Felony Murder in the first degree is murder committed during the intentional commission of an enumerated felony.
FELONY MURDER IN THE SECOND DEGREE
Felony Murder in the second degree is murder committed during the intentional commission of a felony not otherwise enumerated.
MANSLAUGHTER
Manslaughter is defined as an intentional killing of another without malice aforethought.
VOLUNTARY MANSLAUGHTER
Voluntary manslaughter is defined as an unlawful intentional killing of another during the use of imperfect self-defense.
HEAT OF PASSION
Heat of Passion exists when a defendant is provoked, a reasonable person would have been so provoked, a reasonable person would not have had time to cool off and the defendant did not have time to cool off.
IMPERFECT SELF-DEFENSE
Imperfect self-denfense occurs when a defendant believes their personal safety is in danger, but that belief is unreasonable.
