Wrong Answer Rules Flashcards
What is criminal battery?
Criminal battery is committed when:
i.) a person, without consent;
ii.) causes harmful or offensive contact with another person; and
iii.) does so by the purposeful, knowing, reckless, or criminally negligent use of force.
To prove that a defendant caused a harmful or offensive contact by use of force, a prosecutor must show that:
i.) the defendant put a force in motion; and
ii.) As a result of this force, the victim’s person was harmfully or offensively touched.
True or false: For the purposes of criminal battery, The defendant’s act of applying force may be direct or indirect.
True.
True or false: for the purposes of criminal battery, where the defendant puts a force in motion, the force need not be applied directly by the defendant.
True.
What is criminal assault?
i.) attempts(purposely tried) to commit a battery; or
ii.) intentionally causes the victim to fear an immediate battery.
What are the two Elements for Intentionally Causing the Victim to Fear an Immediate Battery?
The defendant MUST:
i.) act with threatening conduct;
ii.) intended to cause the victim to feel reasonable apprehension of imminent harm.
True or false: Voluntary intoxication may be a valid defense for a specific crime if it negates the requisite mental state.
Yes.
True or False: any mistake or fact, reasonable or unreasonable, is a defense to a specific intent crime.
True.
List Examples of Specific Intent Crimes
- Assault
- Attempt
- Burglary
- Conspiracy
- Embezzlement
- False pretenses
- Forgery
- Intent-to-kill murder
- Larceny
- Larceny by trick
- Robbery
- Solicitation
- Voluntary manslaughter
List Examples of General Intent Crimes
- Battery
- Depraved-heart murder
- False imprisonment
- Involuntary manslaughter
- Kidnapping
- Rape
in respect to general intent crimes, mistake of fact can ONLY be a defense if the mistake was
REASONABLE.
What is Kidnapping?
unlawful restraint of a person’s liberty by taking the person to another location or concealing the person.
What is Embezzlement?
fraudulent conversion or misappropriation of the property of another by one who is in lawful possession.
What is False pretenses?
Requires the victim to pass title(ownership) to property over to the defendant based on a false representation intended to defraud the victim.
True or False: For conspiracy, a co-conspirator cant be convicted for a crime that he did not agree to commit if other conspirator engages in another offense during the commission.
True.
