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38 Cards in this Set

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  • Back
01 Jurisdiction
For purposes of criminal law, jurisdiction is the authority of a body to create substantive criminal law; jurisdiction includes the ability of a court to enforce the criminal laws.
30 Actus Reus (The "Evil Act")
Under common law, the actus reus is any voluntary physical act or failure to act when a legal duty is imposed.
31 Mens Rea (The "Guilty Mind")
Under common law, mens rea is the mental state required to show that the prohibited act was committed with a "guilty mind" (such as intentional misconduct or recklessness; strict liability crimes do not require a mens rea.
02 Specific Intent
Under common law, a specific intent crime requires that a criminal defendant had an intentional knowing, purposeful, willful or wanton intent to achieve a prohibited result.
04 Malice
Under common law, a malice crime requires reckless conduct that creates a high risk of substantial harm.
03 General Intent
Under common law, a general intent crime requires only that a defendant had awareness of the act, not that he had the intent to commit the crime, which can be inferred from the act itself.
05 Strict Liability
Under common law, a strict liability crime is a crime without a requisite intent element or mental state.
32 M'Naghten Rule
Under the M'Naghten Rule, a defendant raising an insanity defense must prove that he had a mental illness that resulted in a diminished mental capacity to reason, and this diminished ability to reason resulted in his inability to understand the criminality of his conduct or the nature of his act.
33 Self-Defense
Under common law, a person may use force that is reasonably necessary to protect against injury when he reasonably believes he is facing an immediate threat of force.
34 Deadly Force
Under common law, deadly force is force that is either intended to or likely to cause death.
35 Entrapment
Under common law, entrapment is available as a defense if the intent to commit a crime originated with the police or other law enforcement rather than with the defendant, and the defendant was not predisposed to commit the crime.
06 Murder
Under common law, murder is unlawful killing of another human being with malice aforethought.
07 Doctrine of Transferred Intent
Under common law, if a defendant intends a harmful result to a particular person or object and, in carrying out that intent, causes a similar result to another person or object, the defendant's intent will be transferred to the person or object actually harmed.
08 Manslaughter
Under common law, manslaughter is the unlawful killing of another human being without malice aforethought. Manslaughter is classified as either voluntary manslaughter or involuntary manslaughter.
09 Voluntary Manslaughter (Killing in the Heat of Passion)
Under common law, voluntary manslaughter is an intentional homicide that differs from murder because of the existence of extenuating circumstances such as provocation.
10 Involuntary Manslaughter
Under common law, involuntary manslaughter is an unintentional homicide, committed without malice, which is neither justified nor excused.
38 Misdemeanor Manslaughter
Under common law, misdemeanor manslaughter is a homicide that occurs during the commission of an unlawful act that is not a felony. (Misdemeanor manslaughter does not exist in NY.)
11 Battery
Under common law, battery is the unlawful application of force to another which results in bodily harm or offensive touching.
12 Assault
Under common law, assault is an attempted battery or intentionally placing another person in reasonable apprehension of receiving an immediate battery.
13 Rape
Under common law, rape is unlawful sexual intercourse with a woman by force and without consent.
14 Statutory Rape
As a general rule, statutory rape is sexual intercourse wit ha woman under the minimum age determined by statute, even if the woman freely participated in the act.
15 Kidnapping
Under common law, kidnapping is the unlawful confining (false imprisoning) and transporting of a victim from one place to another without the victim's consent through force or fraud.
16 Larceny
Under common law, larceny is the taking and carrying away of the tangible personal property of another by trespass with intent to permanently deprive the other of the property.
17 Embezzlement
Under common law, embezzlement is the fraudulent appropriation or conversion of person property of another by one to whom the owner has entrusted possession.
18 False Pretenses
Under common law, false pretenses exist when the defendant obtains title to the property of another by an intentional misrepresentation of fact with intent to defraud the titleholder.
36 Receipt of Stolen Property
Under common law, receipt of stolen property occurs when one receives possession and control of stolen property with knowledge that the property is stolen and with intent to deprive the owner of his or her property.
19 Robbery
Under common law, robbery is the taking of the tangible personal property of another by trespass with intent, by force or intimidation, to permanently deprive the other of the property. Robbery requires all the elements of larceny, plus the additional element of force or threats of force.
20 Extortion
Under modern common law, extortion exists by obtaining of property from another by written or oral threats of physical harm.
37 Forgery
Under common law, forgery is the making or altering of a false writing with intent to defraud.
21 Burglary
Under common law, burglary is the breaking and entering into the dwelling of another at night with the intention of committing a felony inside.
22 Arson
Under common law, arson is the malicious burning of a dwelling of another.
23 Attempt
Under common law, attempt exists if the defendant has made a substantial step in the direction of committing a crime and he has specific intent to commit the crime.
24 Conspiracy
Under common law, a conspiracy is an agreement between two or more persons to commit a criminal act or to accomplish a legal act by unlawful means.
25 Solicitation
Under common law, solicitation occurs when a person, with the specific intent that another commits a crime, entices, advises, incites, orders or otherwise encourages a person to commit the crime.
26 Principal (Principal in the First Degree)
Under common law, a principal is the actual perpetrator.
27 Principal in the Second Degree
Under common law, a principal in the second degree is one who is criminally liable for the offense, but was not present at the scene of the crime.
28 Accessory Before the Fact
Under common law, an accessory before the fact is one who either conspired withe the actual perpetrator or one who aided, advised, or facilitated the commission of the crime.
29 Accessory After the Fact
Under common law, an accessory after the fact is one who knew of the felony and personally gave aid to the felon after the completion of the felony.