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66 Cards in this Set
- Front
- Back
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What is Voluntary Manslaughter?
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An intentional killing, committed in the heat of passion, after adequate provocation.
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What are the 4 req for provocation to be adequate?
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1) objectively adequate - arouse sudden passion in the mind of a reas. person,
2) D was actually provoked 3) did not have time to cool off, and 4) actually didn't cool off |
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How does Ohio Voluntary Manslaughter differ from the CL?
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it requires the D act KNOWINGLY in causing the death of the victim
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What is CL Murder?
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Causing the death of another person w/ malice aforethought.
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What 4 mental states satisfy the CL requirement of malice aforethought?
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1) intent to kill
2) intent to inflict serious bodily harm 3) extreme recklessness 4) felony murder |
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CL Larceny is
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TrespassoryTaking and
Carrying Away the Tangible Personal Property of Another with the Intent to Permamently retain |
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What is CL Assault?
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1) Attempted battery or 2) The intentional creation other than by mere words of a reasonable fear in the mind of the victim
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What elements does the prosecutor have to prove?
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1) Act
2) Mental State 3) Concurrence 4) Causation ? - harm to P resulting from crim conduct BRD! |
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Elements of False Imprisonment
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the unlawful confinement of a person w.o his consent.
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What is unlawful restraint?
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What Ohio calls false imprisonment - the unlawful confinement of a person w/o his consent
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CL battery
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the unlawful application of force to another resulting in either: 1) bodily injury, or 2) offensive touching
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MPC Murder
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Killing committed purposely or knowingly or w/ extreme recklessness.
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For MPC Murder when is extreme recklessness presumed?
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where a killing occurs in the course of a BRAKES
burglary, robbery, arson, kidnapping, escape or sexual assault |
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MPC Criminally Neg. Homicide
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Killing committed negligently,
meaning D should have been aware of substantial & unjustifiable risk of death |
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How does OHIO deal w/ property crimes?
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It consolidates them into a single offense --> THEFT
seriousness determined by the value of the property taken |
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What is the diff btwn a felon and a misdemeanor?
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a felony may be punished by > 1 year in prinson
a misD the max punish cannot exceed one year |
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Concurrence
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D must have the requisite mental state at the same time as he engages in the act
Issues arise most frequently w/ larceny and burglary |
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What is the Ohio Statuatory approach to assault and battery?
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All batteries are classified as assaults.
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What are Ohio's categories of assault?
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Simple assault
felonius assault neg. assault agg assault |
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What are the two degrees of murder created by Ohio statutes?
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1st deg - any killing committed w/ premeditation and deliberation
Aggravated Murder in ohio 2nd deg murder is any other killing committed PURPOSEFULLY |
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How does OH define burglary?
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trespassing in an occupied structure by force, stealth, or deception with the purpose to commit a criminal offense inside
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In Ohio, when does burg become aggravated burg?
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If deadly force is attempted, threatened, or used.
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How does Ohio classify felony murder?
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1st degree If the death occurs during the course of an enumerated felony, unless there was no intent to use force or violence --> then involuntary manslaughter
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Felony murder in ohio is limited to waht inherently dangerous felonies?
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BAR TREK
Burglary Arson Rape Terrorism Robbery Escape Kidnapping |
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MPC Manslaughter
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Killing committed
Recklessly OR Purposefully or knowingly under the influence of extreme emotional disturbance (EED) |
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Embezzlement
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Conversion of the personal property of another by a person already in lawful possession of that property w/ intent to defraud.
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What is an act?
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a voluntary bodily movement
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When does a failure to act create liability?
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Need 3 req:
1) legal duty to act 2) knowledge of facts giving rise to duty 3) ability to help |
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What constitutes possession? (statute ciminalizes contraband)
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control for a period of time long enough to have an opportunity to terminate the possession
Constructive - just need it to be close enough for dominion and control - not actual control |
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What is Involuntary Manslaughter?
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A killing committed w/
1) criminal negligence or 2) during the commission of a misdemeanor or a felony that does not quality for felony murder |
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What is felony murder?
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any killing caused during the commisison of or attempt to commit a felony
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What are the two types of causation?
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Actual/but for causation and proximate/legal causation
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What is Actual/but for causation?
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D is an actual cause in fact if the bad result would not have happened but for the D conduct.
Ok if accelerating cause |
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Proximate causation
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D is a proximate cause if the bad result is a natural and probably consequence of D conduct
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Forcible Rape
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Sexual Intercourse
w/o victims consent accomplished by force, or threat of force, or when V is unconscious, Penetration |
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Kidnapping
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false imprisonment that involves either moving the victim or concealing the victim in a secret place.
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Forgery
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making or altering a writing so that it is false w/ specific intent to defraud
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CL Larceny by trick
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If D obtains only custody (not title) as a result of the intentional false statement, the crime is larceny by trick, not false pretenses
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CL False Pretenses
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Obtaining title to the personal property of another by an intentional false statement w/ the intent to defraud
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What do you need for jurisdiction to prosecute a crime?
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An act that was part of the crime took place or the result took place
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Aggravated Assault and Battery
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Many states provide these are more serious if:
1) a weapon is used 2) the victim is a child 3) the intent is to commit rape or robbery |
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PURPOSEFULLY
MPC/Ohio mental state |
When it is D conscious desire to accomplish a particular result
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NEGLIGENTLY
MPC OH MR |
When the D should have been aware of a substantial and unjustifiable risk
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RECKLESSLY
mpc oh mr |
When D is aware of a substantial and unjustifiable risk, and consioucsly disregards that risk
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What are the MPC mental states?
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Purposefully
Knowingly Recklessly Negligently Strict Liability |
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What are the CL mental states?
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Specific Intent
Malice General Intent Strict Liability |
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STRICT LIABILITY
mpc ohio |
Only when the crime is a violation that carries no possibility of jail time
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KNOWINGLY
mpc oh mental state |
When D is aware of what he is doing w/ respect to a result, when D is aware of a substantial likelihood that his conduct will cause that result
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Cl accessory after the fact
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help a principal who has committed a felony w/ knowledge that the crime has been commited and w/ the intent to help the principal avoid arrest or conviction
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Obstruction of justice
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what ohio calls CL accessory after the fact
help a principal who has committed a felony w/ knowledge that the crime has been commited and w/ the intent to help the principal avoid arrest or conviction |
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What does receipt of stolen property req?
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D recieve possession and control of stolen personal property knowing it to have been stolen by another and w/ intent to permanently deprive
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Statutory Rape
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Sexual intercourse w/ someone under the age of consent
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What is the MPC/Minority rule for mental state of stat. rape
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Need mental state of negligence, so D reasonable mistake as to the age of the victim is a valid defense
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Ohio stat. rape
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an individual who has sex w/ someone under 13 commites rape, a first degree felony - state of mind irrelevant
13-15 must act knowingly or recklessly |
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CL Burglary
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Breaking and entering the dwelling of another at night w/ the intent to commit a felony inside
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Arson
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the malicious burning of a building
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Robbery
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A larceny from another person or prsence by force or threat of immediate injury (larceny plus 2)
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What are the 11 specific intent crimes?
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Assault
1st deg premeditated murder larceny embezzlement false pretenses robbery forgery burglary solicitation conspiracy attempt |
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What is a specific intent crime?
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when a crime requires not just the desire to do the act, but also the desire to achieve a specific result.
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How does Robbery differ from larceny?
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for robbery the taking must be accomplished by force, violence, or intimidation
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what is double jeopardy?
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attachment of jeopardy for a lesser includeed offense bars retrial for greater offense
exception if additional facts arise after final judgement |
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What causal relationship is required btwn a felony and a resulting homicide?
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death must be a forseeable and natural result of the felony
Depends on whether D's felony dictated his conduct which led to the homicide need more than a coincidence of time/place |
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What is the MPC test for acquittal based on mental disease/defect?
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as a result of mental disease/defect D lacks substantial capacity to either:
1) appreciate the criminality of his conduct OR 2) conform his conduct to the req/ of the law (combines McNaugtn & Irristible impulse test) |
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Durham test for mental illness
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entited to acquittal if the crime was the product of his mental illness
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what is the irresistible impulse test?
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if b/c of mental impulse D is unable to control actions or conform conduct to the law
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When does the M'Naghton rule provide for acquittal?
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if a disease of the mind cause da defect of reasons such that D lacked ability at the time of his actions to either:
1) know the wrongfullness of his actions or 2) understand the nature & quality of his actions |
