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43 Cards in this Set

  • Front
  • Back
mens rea
the guilty mind, mental element of the crime
actus rea
the guilty act, external element of the crime
general intent
realizes consequences were reasonably certain to result; must have known consequences were reasonably certain to result
specific intent
D actively desired the criminal consequences of act
criminal negligence
(not a crime alone) exists when there's such a disregard of the interest of others that offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man
insanity
Defense to all crimes
voluntary intoxication
not a defense to general intent crimes
involuntary intoxication
defense to any crime if condition is the direct cause of the crime
justification
1. public duty
2. reasonable arrest
3. authorized by law
4. reasonable discipline of a minor
5. physical impossibility
6. compulsion
7. voluntary intoxication
8. involuntary intoxication
9. insanity
10. diminished capacity
11. self-defense
12. defense of others
13. defense of property
self-defense
necessity (no other choice) + reasonable belief (imminent danger) + proportionality (meet force with force)
defense of others
bystander can step into shoes of victim
defense of property
cannot use deadly force, only reasonable force not deadly
incohate crimes
unconsummated/anticipatory
- conspiracy
- attempt
- solicitation for murder
- inciting a felony
principals
all persons concerned in the commission of a crime or procure another to commit the crime
accessory after the fact
any person who aids/abet/harbors the offender after the commission of a felony knowing/ having reason to believe that he's committed the felony (intent to avoid arrest/punishment)
conspiracy
agreement of two or more for the specific purpose of committing any crime + overt act (specific intent crime)
attempt
person has specific intent to commit crime + overt act (impossibility not a defense)
mere preparation
not sufficient to constitute an attempt
solicitation for murder
solicitation by one person of another to commit or cause to be committed a 1st or 2nd degree murder
inciting a felony
procuring another person to commit a felony
compounding a felony
accepting anything of value that has been the subject of robbery or theft
homicide
1st/2nd degree murder, manslaughter, negligent/vehicular homicide
1st degree murder
killing of a human being with specific intent to kill or inflict great bodily harm + aggravating circumstance
aggravating circumstances (6)
1. during commission of an enumerated felony
2. victim is a peace officer or fireman
3. victim under 12 or 65 or older
4. murder for hire
5. SITK or IGBH on more than one person
6. drug exchange
2nd degree murder
killing of a human being with specific intent to kill or inflict great bodily harm (felony murder)
enumerated felonies
agg./forcible rape
agg. burglary
robbery
drive-by
cruelty to juveniles
terrorism
kidnapping
while escaping
manslaughter (4)
1. heat of passion
2. felony manslaughter
3. misdemeanor manslaughter
4. resisting arrest
causation
act hastened the termination of life or contributed directly/indirectly to victim's death; legal cause of death
aggravated battery
battery committed with a dangerous weapon
2nd degree battery
offender intuitionally inflicts serious bodily injury
agg. 2nd degree battery
offender inflicts serious bodily injury with a dangerous weapon
assault
attempt to commit a battery of placing another in reasonable apprehension of receiving a battery
agg. assault
committed with a dangerous weapon
simple assault
committed without a dangerous weapon
agg. rape (7)
1. victim is 65 or older
2. victim resists to the utmost
3. victim is prevented from resisting by threats of bodily harm
4. victim is prevented from resisting b/c offender is armed with a dangerous weapon
5. victim is under 13
6. two or more offenders participated
7. victim has physical/mental infirmity and was unable to resist
forcible rape
victim is prevented from resisting by force or threats of physical violence or victim is incapable due to influence of substance given by offender without victim's knowledge
sexual battery (3)
intentional touching of genitals or anus of v by using any instrumentality or body (or vice versa)
1. no consent
2. consensual but victim is under 15 or 3 yrs younger than offender
3. victim is 17 but no consent b/c victim has physical disability, is incapacitated, or is 65 or older
aggravated burglary
unauthorized entry of a dwelling where person is present with intent to commit a felony or theft, if offender is:
1. armed with a dangerous weapon
2. arms himself after entering
3. commits a battery on someone in dwelling or upon entering or leaving
simple burglary
unauthorized entry with intent to commit a felony or theft therein
armed robbery
taking anything of value belonging to another that is in immediate control of another by use of force or intimidation while armed with a dangerous weapon
1st degree robbery
offender leads victim to believe he is armed with a dangerous weapon
simple robbery
robbery where a dangerous weapon was not used
theft
misappropriation or taking of anything of value belonging to another either without consent or by fraud with an intent to deprive the owner permanently