Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
27 Cards in this Set
- Front
- Back
|
Murder 1 |
Murder 1 is the unlawful killing of another human being with malice aforethought. Murder 1 requires express malice aforethought which means that it is willful, premeditated, and deliberate. Any felony-murder that is enumerated qualifies as murder 1 State v Forest (4 shots to dads head) |
|
|
Murder 2 |
Murder 2 is the unlawful killing of another human being with implied malice aforethought. Malice is implied when one shows conscious disregard for human life or intent to inflict grievous bodily injury. Or any homicide with malice that is not first degree. Any felony murder that is unenumerated or inherently dangerous qualifies as murder 2 People v. Knoller (killer dogs) |
|
|
Voluntary Manslaughter |
Voluntary manslaughter is the unlawful killing of another human being with malice aforethought. The malice aforethought is negated because of the heat of passion. Heat of passion occurs when a reasonable person would be adequately provoked. - Catching a cheating spouse, mutual combat, an extreme emotional disturbance is a qualifies for being adequately provoked. However a cooling off period will cancel the heat of passion. Girouard v. State (army couple) |
|
|
Involuntary Manslaughter |
Involuntary Manslaughter is the unlawful killing of a human being without malice aforethought but through gross or criminal negligence. These actions are compared to a reasonable person and how they would react. If there is an omission when there is a legal duty, it also falls under this level of homicide Any felony murder that is a non-FMR felony qualifies as I. Manslaughter State v. Williams (sick baby) |
|
|
Felony-Murder Rule |
The Felony-Murder Rule is used to deter people from being accidentally or negligently killed during felonies. When a homicide happens during a felony, it can replace the mens rea needed for that level of homicide. If the felony is not an independent felonious purpose separate from the intent to inflict injury, than they will merge the charges. Car-Chase 1 Car-Chase 2 friends raid house |
|
|
Rape |
Rape is having unlawful, sexual intercourse with a person without the consent by the force or threat of force or fraud Common Law requires resistance from fraud. Rape is a general intent crime, no mens Rea required |
|
|
Actus Rea |
Action or the omission from a legal duty, voluntary movement component of a crime |
|
|
Mens Rea |
The mental component of the crime |
|
|
Larceny |
A trespassory that leads to a taking and carrying away with the person property of another with the intent to permanently deprive the possessor of their possession Trespassers - non consensual, consent that is received through trick or device Taking and Carrying Away- physical possession from the person in possession Personal property of another - Permanently deprive |
|
|
Possession v Custody |
Possession - sufficient control over it to use it in a reasonable unrestrcited manner - Actual - if person has phyical control - Constructive - person has physical controlm but no one has actual possession Custody - limited and temporary possession |
|
|
Robbery |
-the talking and carrying away from the -immediate presence of the possessor with the -intent to permanently deprive by the means of -force or threat of |
|
|
Burglary |
-Entering a building -with specific intent to commit a felony specified crime |
|
|
Embezzlement |
Coming into the possession of the personal property of another lawfully than fraudulently converted the property to their own use Lawful Possession -Being entrusted with the property lawfully Fraudulently - Breaching the trust of the owner for personal gain |
|
|
Theft by False Pretense |
obtaining title, to the property or another, by a fasle statement of the past or existing material fact (misrepresentation), upon which the owner relies, with the intent to defraud
- in title not mere possession - minority views take a false promise or statement as well |
|
|
Attempt |
The specific intent to commit a target crime. Purposely does or omits to do anything which under the circumstance as he believes them to be is an substantial step in the commitment of the crime. Lying in wait, unlawful entry, or possession of materials specially used for unlawful use can be all seen as a substantial step. |
|
|
Assault |
Placing one in reasonable apprehension of bodily harm or offensiveness |
|
|
Battery |
Battery is the willful and voluntarily application of physical force on another person that results in bodily injury, is rude, or offensive. |
|
|
Solicitation |
-offering requesting, encouragement, or command -by one person of another that the other commit a crime -coupled with the specific intent of the solicitor that the crime be committed by the requested person |
|
|
Self Defense |
Self defense is justified when one reasonably believes force is necessary to protect from immediate imminent threat of unlawful force by another and not the aggressor Peterson - old man shoots - aggressor Goertz - subway killer - reasonable belief |
|
|
Duress |
Duress is justified when one has clean hands and the threat of harm is imminent and it creates such fear that a person of ordinary firmness would yield to the threatening that the person demands and has no escape Clean hands - did not create the situation and is not at fault Imminent - immediate harm Ordinary firmness No escape |
|
|
Necessity |
Necessity is justified when one is faced with clear and imminent danger and his actions will help remove the danger with no legal alternative and the action is less harmful if left with no action and has clean hands -- Nelson - car stuck in mud |
|
|
Insanity |
M'Naghten Rule - a person is insane if she was laboring under such a defect of reasoning arising from a disease of the mind that she -Did not know the nature and quality of the act that she was doing OR -if she did know it, she did not know that she was morally wrong at the time |
|
|
Lawful Possession (embezzlement) |
being entrusted with the property lawfully |
|
|
Fraudulently converted the property to her own use (embezzlement) |
Breaching the trust of the owner for personal gain |
|
|
Using Misrepresentation (False Pretense) |
False statement of material facts |
|
|
Conspiracy |
is an agreement by individuals to commit a crime with the intent to commit the crime and the intent to agree with an overt act |
|
|
Continuous Trespass |
The initial trespass continues as long as the wrongdoer remains in possession of the property that is the subject of the prosecution. |
