Chapter 3

Front 1

Assault

Back 1

Attempting to cause or purposely, knowingly, or recklessly causing bodily injury to another, or negligently causing bodily injury to another with a deadly weapon.

Front 2

Battery

Back 2

An unlawful touching, beating, wounding, or laying hold, however trifling, of another person or clothes without his or her consent.

Front 3

What are the elements of 1st degree murder?

Back 3

1. unlawful killing
2. one person by another
3. With Malice aforethought
4. With deliberation, purpose, design, or premeditation.

Front 4

Felony-Murder Rule

Back 4

Rule stating that all killings perpetrated in the course of a felony constitute murder.

Front 5

Homicide

Back 5

Destroying the life of a human being.

Front 6

Involuntary Manslaughter

Back 6

The unlawful and unintentional killing of another human being, directly and proximately resulting from the comission of an unlawful act.

Front 7

Kidnapping

Back 7

The intentional taking of a person, and compelling that person to be detained against his or her will.

Front 8

Knowingly

Back 8

In criminal prosecutions, knowledge that one is acting in violation of some law or regulation; knowledge that the act done is illegal.

Front 9

Malice

Back 9

Hatred; ill-will; a formed design to do an unlawful act whether another may be prejudiced by it or not.

Front 10

Year and a Day Rule

Back 10

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.

Front 11

Mayhem

Back 11

At common law, the deprivation of a member of the body.

Front 12

Murder

Back 12

The wilful killing of a human being with malice aforethought, either expressed or implied.

Front 13

Premeditated

Back 13

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.

Front 14

What are the two categories of manslaughter?

Back 14

1. voluntary
2. involuntary

Front 15

Purposely

Back 15

Descriptive of an act of the will, an act by intention, or of an act by design.

Front 16

Recklessly

Back 16

carelessly; a state of mind that disregards the possibilty or probability of injurous consequences, or altogether forseeing such consequences continues in spite of them.

Front 17

What are the elements of unlawful imprisonment?

Back 17

1. knowingly;
2. unlawfully;
3. restraining another; and
4. under circumstances that expose the victim to a risk of physical injury.

Front 18

What are the elements of a 2nd degree murder?

Back 18

1. Unlawful killing
2. One person by another
3. With malice aforethought

Front 19

What are the elements of voluntary manslaughter?

Back 19

1. Unlawful killing
2. One person by another
3. Intentional killing but with adequate provocation and committed in heat of passion.

Front 20

When is killing justifiable?

Back 20

Killing enemy on the battlefield.
Execution of death sentence

Front 21

Excusable homicide

Back 21

committed by one doing a lawful act without intention to hurt, or in self-defense.

Front 22

Why in many states can someone who has an abortion or performs an abortion not be convicted of murder?

Back 22

Because federally the person whose death occured must be born alive.

Front 23

In the common law definition of murder, what does the phrase "by another human being" mean?

Back 23

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.

Front 24

In the common law definition of murder, what does the phrase "malice aforethought" mean?

Back 24

an element of hatred or ill will

Front 25

What are the distinguishing factors of 1st degree murder?

Back 25

Premeditation and deliberation.

Front 26

What is the biggest difference between manslaughter and murder?

Back 26

Malice is an essential ingredient of murder while manslaughter may be committed without malice.

Front 27

In order for a killing that would otherwise be considered murder, be considered manslaughter, what conditions must exist?

Back 27

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.

Front 28

Is a bare claim of fear enough to show sudden passion?

Back 28

No. Staggering blows to face, bloodshed, or the killing or assaulting of a relative are usually sufficient provocations.

Front 29

What are the two types of involuntay manslaughter?

Back 29

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.

Front 30

Suicide

Back 30

Intentional self-destruction

Front 31

What are the elements of an assault?

Back 31

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.

Front 32

what happens when any one of the elements of a crime is not proved beyond a reasonable doubt?

Back 32

There can be no conviction.

Front 33

What are the elements of a battery?

Back 33

1. unlawful;
2. application of force;
3. to the person of another.

Front 34

What are the elements of kidnapping?

Back 34

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

Front 35

What happens if all the elements of kidnapping are not present?

Back 35

a person may be guilty of a lesser crime with a lesser penalty.

Front 36

What are the common law elements of mayhem?

Back 36

1. maliciously (evil intent);
2. depriving one of use of members of the body;
3. rendering him less able to fight or defend themself.

Front 37

Hate crimes

Back 37

crimes committed because of the race, color, religion, or sexual orientation of the victim.

Front 38

What are the two components of hate crime statutes?

Back 38

1. prohibited acts, and
2. protected groups