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38 Cards in this Set

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Assault
Attempting to cause or purposely, knowingly, or recklessly causing bodily injury to another, or negligently causing bodily injury to another with a deadly weapon.
Battery
An unlawful touching, beating, wounding, or laying hold, however trifling, of another person or clothes without his or her consent.
What are the elements of 1st degree murder?
1. unlawful killing
2. one person by another
3. With Malice aforethought
4. With deliberation, purpose, design, or premeditation.
Felony-Murder Rule
Rule stating that all killings perpetrated in the course of a felony constitute murder.
Homicide
Destroying the life of a human being.
Involuntary Manslaughter
The unlawful and unintentional killing of another human being, directly and proximately resulting from the comission of an unlawful act.
Kidnapping
The intentional taking of a person, and compelling that person to be detained against his or her will.
Knowingly
In criminal prosecutions, knowledge that one is acting in violation of some law or regulation; knowledge that the act done is illegal.
Malice
Hatred; ill-will; a formed design to do an unlawful act whether another may be prejudiced by it or not.
Year and a Day Rule
Common law rule that if death did not take place within a year and a day of the time the wound was recieved, the law draws the conclusion that the wound was not the cause of death.
Mayhem
At common law, the deprivation of a member of the body.
Murder
The wilful killing of a human being with malice aforethought, either expressed or implied.
Premeditated
Designed or intended, formed to commit a crime or do an act before it. The person did in fact reflect, at least for a short period before the act of killing.
What are the two categories of manslaughter?
1. voluntary
2. involuntary
Purposely
Descriptive of an act of the will, an act by intention, or of an act by design.
Recklessly
carelessly; a state of mind that disregards the possibilty or probability of injurous consequences, or altogether forseeing such consequences continues in spite of them.
What are the elements of unlawful imprisonment?
1. knowingly;
2. unlawfully;
3. restraining another; and
4. under circumstances that expose the victim to a risk of physical injury.
What are the elements of a 2nd degree murder?
1. Unlawful killing
2. One person by another
3. With malice aforethought
What are the elements of voluntary manslaughter?
1. Unlawful killing
2. One person by another
3. Intentional killing but with adequate provocation and committed in heat of passion.
When is killing justifiable?
Killing enemy on the battlefield.
Execution of death sentence
Excusable homicide
committed by one doing a lawful act without intention to hurt, or in self-defense.
Why in many states can someone who has an abortion or performs an abortion not be convicted of murder?
Because federally the person whose death occured must be born alive.
In the common law definition of murder, what does the phrase "by another human being" mean?
It means that evidence must be produced to show that the person accused committed the act or put into motion the means that resulted in death.
In the common law definition of murder, what does the phrase "malice aforethought" mean?
an element of hatred or ill will
What are the distinguishing factors of 1st degree murder?
Premeditation and deliberation.
What is the biggest difference between manslaughter and murder?
Malice is an essential ingredient of murder while manslaughter may be committed without malice.
In order for a killing that would otherwise be considered murder, be considered manslaughter, what conditions must exist?
1. adequate provocation
2. killing have been done in heat of passion
3. the killing must have been a sudden passion
3. must be a casual connection between the provocation, the passion, and the fatal act.
Is a bare claim of fear enough to show sudden passion?
No. Staggering blows to face, bloodshed, or the killing or assaulting of a relative are usually sufficient provocations.
What are the two types of involuntay manslaughter?
1. killing occurs in course of the committance of an unlawful act
2. death occurse during the negligent commission or ommission of an otherwise lawful act.
Suicide
Intentional self-destruction
What are the elements of an assault?
1. an attempt or offer
2. with force and violence
3. to do some immediate physical injury to the person of another, and
4. with apparent present or immediate ability.
what happens when any one of the elements of a crime is not proved beyond a reasonable doubt?
There can be no conviction.
What are the elements of a battery?
1. unlawful;
2. application of force;
3. to the person of another.
What are the elements of kidnapping?
1. detaining another,
2. by force,
3. without his or her consent,
4. Without legal cause, and
5. moving him or her to another place or to unlawfully obtain ransom
What happens if all the elements of kidnapping are not present?
a person may be guilty of a lesser crime with a lesser penalty.
What are the common law elements of mayhem?
1. maliciously (evil intent);
2. depriving one of use of members of the body;
3. rendering him less able to fight or defend themself.
Hate crimes
crimes committed because of the race, color, religion, or sexual orientation of the victim.
What are the two components of hate crime statutes?
1. prohibited acts, and
2. protected groups