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57 Cards in this Set

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What are the two elements for criminal negligence?
the defendant's conduct, under the circmstances known to him, must involve an unreasonable high degree of risk of death or seriously body injury

2. the defendant must be aware of the fact his conduct creates this risk

Note: someone hiding and gets stab accidentally does not equal manslaughter
What is a Malum in Se Crime?
a crime that is wrong in itself, inherently evil.
What is an ex post facto law?
Ex Post facto laws are unconstitutional they operate retroactively to
1. make criminal act that when done was not criminal

2. aggravate a crime or increase the punishment

3. change the rules of evidence to the detriment of criminal defendant as a class or

4. alter the law of criminal procedure to deprive criminal defendants of substantive right
How does solitication/attempt and merger work?
solicitation and attempt merged with the completed crime (can't be convicted of both)
Does merger apply with conspiracy?
Conspiracy does not merge with substantive crime.
In NC what is the same or common transaction rule?
the prosecutor can charge a defendant with each an every criminal offense he commits even though they may all have occurred in a common transaction.
What are the essential elements of crime?
1. actus reus - the physical act

2. Mens Rea-the mental state

3. Causation-the result was caused by the defendant
When will a person's omission hold them criminally liable ?
A person will have a legal duty when:

1. statute

2. contract

3. relationship between the defendant and victim which may be sufficiently close

4. voluntary assumption of duty by the defendant

5. defendant caused the peril
What are the specific intent crimes?
solitication, attempt, conspiracy, 1st degree murder, assault, larceny and robbery, burglary, false pretense and embezzelment
What is malice?
reckless conduct, reckless disregard of an obvious or high risk
What are the general intent crimes?
depraved heart murder, Arson, Rape, Kidnapping, Battery, Involuntary Manslaughter and Indecent exposure
What are the parties to a crime?
1. principal

2. accessory before the fact

3. accesory after the fact
What are the elements of solicitation?
the inciting, counseling, advising, inducing, urging another to commit a felony with the (1) specific intent that the person commit the crime. (complete when asked)
In NC what is a Conspiracy?
An agreement between two or more people; an intent to enter into an agreement and; an intent to achieve the objective of the agreement.
What is the Wharton Rule?
where two or more people are necessary for the commission of the substantive offense there is no conspiracy, unless more parties are involved (dueling).
What is the attempt rule for NC?
Proximity attempt requires an act that is dangerously close to success; has to be beyond mere preparation.
What is the M'Naghten Test.
A defendant is entitled to to an aquittal if the proof establishes taht
1. a disease of the mind
2. caused a defect of reason
3. such that the defendant lacked the ability at the time of his actions to either
(i) know the wrongfulness of his actions or
(ii) understand the nature and quality of his actions or
What is the burden of insanity for NC?
Defendant bears the burden of proof and must prove insanity "to the satisfaction of the jury."
When is voluntary intoxication a defense?
can be used for specific intent crimes
In NC when can 1st degree murder be mitigated to 2nd degree?
1st degree murder can be mitigated to 2nd degree murder if rendered the defendant uterly incapable of deliberating and premeditating.
When can deadly force be used for self-defense?
threat of imminent death or great bodily harm.
In NC what is the rule for entrapment?
defendant must show that he would not have committed the offense "but for" the misrepresentation.

Note: can't assert the defense if you deny an essential element of the crime charged; However defendant who admits committing the underlying acts, but denies an essential element relating to intent, may still plead entrapment.
In NC, what are the elements of selective prosecution?
1. he has been singled out while others have not been prosecuted

2. the selectiveness was done in bad faith
What is a battery?
unlawful application of force to the person of another resulting in either bodily injury or an offensive
What is aggravated battery?
1. a deadly weapon is used

2. serious bodily injury is caused

3. the victim is a child, woman or police officer
What is an assault in NC?
1. An attempt to commit a battery or

2. an act done with an intent to frighten
In NC, what is an aggravated assault?
1. defendant uses deadly weapon

2. assault of a child under 12

3. assault of female by a male at least 18

4. Assault on an officer or employee of the state when that peson is discharging his official duties

5. Assaults a school employee or volunteer accompanying students during school activities

6. assaults a public transit operator when their discharging duties
In NC what is an assault with a deadly weapon?
any person who assaults a person with a deadly weapon with intent to kill and or inflict serious injury is guilty of the felony of assault with a deadly weapon.
What is common law murder?
unlawful killing with malice aforethought.

Note: malice aforethought--intent to kill, inflict great bodily injury, reckless indifference or intent to commit a felony.
What is voluntary manslaughter?
unlawful killing of ahuman being without premeditation or deliberation and withint the intent to kill or inflict serious bodily injury.
1. adequate provocation--

2. imperfect self defense
What is involuntary manslaughter in NC?
unlawful killing of a human being, unintentionally and without malice, proximately resulting
1. from the commission of an unlawful act (not a felony)

2. from some act done in an unlawful manner

3. from a culpable negligent omission to perform a legal duty
What is the felony murder rule?
killing committed during the commission of a dangerous felony.

Note: include burglary, arson, rape, robbery and kidnapping.

Note: killing of a co-felon by victims of felonies or police officer--defendant is not liable for the death of a co-felon who is killed by the victim or police.
In NC, what is kidnapping?
any person who unlawfully confines restrains or removes from one place to another any person 16 or older without that person's consent or any person under 16 without the consent of their guardian is guilf if their conduct is for the purpose of:
1. holding the person for ransom or using them as a shield

2. facilitating the commission of any felony or flight of any person following the commission of a felony

3. doing serious bodily harm or terrorizing the person or

4. holding such other person in involuntary servitude.
In NC, what is stalking?
a peson willfully and on more than one occassion, without legal purpose, follows or otherwise harasses the victim, with the intent to

1. place the victim in reasonable fear for her or her family's or friends safety or

2. cause the victim to suffer substantial emotional distress by placing the person in fear of death, bodily injury, or continued harassment.
In NC, what is 1st degree rape?
vaginal intercourse
1. with another by force and against the will of the other person and

2. inflicts serious injury ont the victim or someone else or

3. is aided and abetted by someone.
In NC, what is 2nd degree rape?
vaginal intercouse with another person

1. by force and against their will or

2. who is mentally disabled, incapacitated, or helpless and the defendant knows or should know
In NC, what is first degree statutory rape?
vaginal intercouse with a child under the age of 13 by a defendant who is age 12 or older and 4 or more years older than the victim
When is a person guilty of bigamy?
1. he marries someone while having another living spouse

2. he counsels aids or abets one entering a bigamous marriage or

3. he is married when he contracts a marriage outside of the state then cohabits with the other person in NC
What are the exceptions to bigamy?
1. his spouse has been absent for the last 7 years and he didn't know she was alive

2. he was lawfully divorced or

3. his last marriage was declared void
What is larceny?
the tresspatory taking and carrying away of the personal property of another with intent to steal or permanently deprive.

1. only can be committed by taking personal property
What is robbery in NC?
1. the taking or attempted taking

2. of the personal property of another

3. from the other's person or presence

4. by force or threat of imminent force

5. with intent to steal or permanently deprive
In NC, what is embezzlement?
he's the agent of the person or corporation by the terms of his employment charged with receiving the money or property of his principal

2. he did in fact receive property or money

3. he received it in the course of his employment or fiduciary capacity and

4. that he, knowing it wa not his own, converted it to his own use or to his own use or to the use of some 3rd person, not the true owner
In NC what is false pretenses?
1.a false repersentation of a fact

2. made with the intent to deceive

3. which does deceive and

4. by which the perpetrator obtains or attempts to obtain value
What are the elements of forgery?
1. making or altering

2. an instrument that may be the subject of forgery and is false

3. with intent to defraud
In NC, what is burglary?
1. breaking and enry

2. dwelling

3. nightime

4. intent

Note: 1st degree burglary dwelling hours or room used as a sleeping apartment in any building and the place is occupied at the time the crime is committed

Note: 2nd degree burglary the place is not occupied
What is arson?
1. the malicious

2. burning

3. dwelling
Can a person who has been acquitted of murder be charged with felony murder?
Yes, Even if a person has been acquitted of the crime of murder. That person can still be charged with felony-murder. Felony murder is a distinct and separate crime from murder.
Define a principal in the second degree?
in second degree, one must be present at the commission of a criminal offense and aid, counsel, command, or encourage the principal in the first degree in the commission of that offense
What is depraved heart murder?
depraved heart murder which is defined as “extremely negligent conduct which creates not only an unjustifiable but also a very high degree of death or serious bodily (though unaccompanied by any intent to kill) and which actually causes the death of another
How can a person be found guilty for larceny for mislaid property?
In order for the finder of lost or mislaid property to be guilty of larceny, two requirements must be satisfied. The finder must at the time of the finding,

(1) intend to steal it and

(2) either know who the owner is or have reason to believe (from earmarkings on the property or from the circumstances of the finding) that he can find out the owner’s identity.
What is accomplice liability in NC?
NC: has abolished the common law distinction between an accessory before the fact and a principal

(a)In general, a person who would be guilty as an accessory before the fact is guilty and punishable as a principal

(b)NC retains the accessory after the fact classification (same definition as CL)
What is blackmail in NC?
1.a written demand made with menace and w/out a reasonable cause for any chattel or money or

2.an oral or written accusation or threat to accuse a person of a crime punishable by death or by incarceration in the state’s prison system in order to gain a chattel, money, or valuable security. It is a misdemeanor
What is Uttering in NC?
consists of offering as genuine an instrument that may be the subject of forgery and is false with intent to defraud.
What is transferred intent?
the defendant can be liable under the doctrine of transferred intent where she intends the harm is actually caused, but to a different victim or object.
Who is a principal in the first degree?
person who actually engaged in the act or omission that constitutes the offense
Who is principal in the second degree?
person who aided, commanded or encouraged the principal was present at the crime
What is an accessory after the fact?
person who, with knowledge that the other committed a felony assisted him to escape.