Crim Law--Crimes

Front 1

Battery

Back 1

Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.
*simple battery =misdemeanor
*Some recongize consent as a defense

Front 2

Aggravated Battery

Back 2

Felony
i)battery with a deadly weapon
ii) battery resulting in serious bodily harm
iii) battery of child, woman, or police officer

Front 3

Assault

Back 3

i) attempt to commit a battery
ii) the intentional creation of reasonable apprehension of imminent bodily harm

Front 4

Aggravated assault

Back 4

i) assault with a deadly weapon
ii) assault with intent to rape or maim
*treated more severely

Front 5

Mayhem

Back 5

Common law dismemberment

Front 6

Murder (common law)

Back 6

Unlawful killing of a human being with malice aforethought.
Malice aforethought:
i) intent to kill
ii) intent to inflict great bodily injury
iii) reckless indifference to an unjustifiably high risk to human life (abandoned or mlignant heart)
iv) intent to committ a felony
*use of deadly weapon provides permissive inference of the intent to kill

Front 7

Voluntary Manslaughter

Back 7

Killing that would be murder, but for the existence of adequate provocation.
*sudden and intense passion in the mind of an ordinary person causing him to lose self control (reasonable)
*no time to cool off (reasonable person)

Front 8

Involuntary manslughter

Back 8

killing comitted with criminal negligence (gross negligence) or during the commission of an unlawful act

Front 9

Degrees of murder

Back 9

Killings will be second degree murder unless it is accompanied by:
*deliberate and premeditated (specific intent; can be defended with voluntary intoxication)
*felony murder (arson, robbery, burglary, rape, mayhem, and kidnapping)
*other enumerated ways

Front 10

Felony murder

Back 10

Any death caused in the commission of, or in an attempt to commit, afelony is murder. Malice is implied from the intent to commit the underlying felony
Common law: burglary, arson, rape, sodomy
Today: inherently dangerous felonies

Front 11

Limitations on felony murder

Back 11

*must be distinct from killing itself (aggravated battery, no dice)
*death must have been a foreseeable result of the felony
*Death must have been caused before D's immediate flight (once reached place of temporary safety, guilt cut off)
*D is not liable when a co-felon is killed as a result of resistance from the felony victim or the police (most)
*agency theory--D is not responsible for innocent party death unless caused by the D or his agent

Front 12

Causation

Back 12

Cause in fact
PX=natural and probable consequence of the conduct, even if D did not anticipate the precise manner in which the results occured
*victims fragility, even if unforeeseeable, does not break chain of causation
*negligent medical care, and refusal of care are foresseeable

Front 13

False imprionment

Back 13

Unlawful confinement of a person without his valid consent
*consent is invalidated by coercion, threats, deception, incapacity, retardaion or youth

Front 14

Kidnapping

Back 14

Unlawful confinement of a person that involves some movement of the victim or concealment of the victim in a secret place
*aggravated=ransom, for the purpose of committing other crimes, offensive purposes, adn child stealing

Front 15

Rape

Back 15

Unlawful carnal knowledge of a woman by a man, not her husband, without her consent. Only need slight penetration
*now most JN's reject husband immunity
*lack of effective consent=actual force; threaths of great and immediate bodily harm; incapable due to mental condition/intoxication; fraud that it is not intercourse

Front 16

Statutory Rape

Back 16

carnal knowledge of a female under the age of consent
*strict liability crime

Front 17

Adultery & Fornication

Back 17

Both parties to sexual intercourse if either is validly married
*behaviour needs to be open and notorious
Also: incest; seditction (sex vial promise of marriage); bigamy (marrying two people)

Front 18

Larceny

Back 18

Taking and carrying away of tangible personal property of another without consent with the intent to permanently deprive that person of her property
*must be from another (if only having custody, then it is considered larceny--low level employee; bailor has greater scope of possession)
*no intent where belief it was hers or taking for repayment of debt
*MUST HAVE INTENT AT THE TIME TOOK THE PROPERTY

Front 19

Embezzlement

Back 19

Fraudulent conversion of personal property of another by a person in lawful possession
*misappropriation while in LAWFUL possession
*need intent to defraud

Front 20

False Pretenses

Back 20

Obtaining title to personal property of another by an intentional false statement of past or existing fact with the intent to defraud the other
*If tricked into giving possession of property=larceny by trick, but if tricked into giving TITLE then false pretenses
*need misrepresentation

Front 21

Robbery

Back 21

Taking of personal property of another from the other's person or presence by force or threats of immediate death or physical injury to the victim or family members with the intent to permantly deprive him of it

Front 22

Extortion

Back 22

corrupt collection of an unlawful fee by an officer under color of office
*under most now through obtaining possession due to threats of harm to expose information

Front 23

Receipt of stolen property

Back 23

receiving possession and control of stolen personal property known to have been obtained in a manner consituting a criminal offense by another with the inten to permanently deprive the owner of his interest in it
*possession=put in a designated location
*stolen at the time of receipt

Front 24

Forgery

Back 24

Making or altering a writing with apparent legal significance so that it false with intent to defraud.
*third person signing a cdocument

Front 25

Uttering

Back 25

Offering as genuine an instrument that may be the subject of forgery and is false with intent to defraud

Front 26

Malicious Mischief

Back 26

Malicious destruction of the property of another

Front 27

Burglary

Back 27

Breaking and entry of a dwelling of aonterh at nightime with the intent to commit a fellony in the structure
*intent to commit a felony must be present at the time of entry

Front 28

Arson

Back 28

Malicious burning of the dwelling of another
*blackening is not sufficient but charring is

Front 29

Perjury

Back 29

intentional taking of a false oath in reagrd to a material matter in a judicial proceeding

Front 30

Subornation of perjury

Back 30

inducing perjury

Front 31

bribery

Back 31

corrupt payment or receipt of anything of value for official action

Front 32

compounding of a crime

Back 32

agreeimg not to prosecute for payment

Front 33

miprison of a felony

Back 33

failure to disclose knowledge of a felony or to preven the commission of a felony