Criminal Law

Front 1

definition of common law burglary

Back 1

Breaking and entering into the dwelling of another during the nighttime with the intent to commit a felony

Front 2

common law definition of breaking

Back 2

making a physical opening by tresspass into a building or part of a building

Front 3

def. Constructive breaking

Back 3

entry by means of threats, fraud or trickery

Front 4

def. entering

Back 4

entry of a building by a part of the body. The defendant may also use a tool that may accomplish the felony , not just the breakingm without entry of the body.

Front 5

def. dwelling of another

Back 5

habitation, where people live. Includes buildings in the curtilage of the dwelling as well.

Front 6

def. during the nighttime

Back 6

when there is insufficient light to see a person's face.

Front 7

COMMON STATUTORY CHANGES TO COMMON LAW BURGLARY

Back 7

1. breaking may be eliminated
2. entry is unchanged but must be tresspassory if breaking is eliminated
3. dwelling may be expanded to include things other than dwellings
4. nighttime may be changed to either 30 minutes or one hour before and after the sunrise and sunset.
5. with the intent to commit a felony may be changed to "intent to steal, intent to commit any crime

Front 8

def. homicide

Back 8

Killing of one human being by another

Front 9

def. innocent homicide

Back 9

homicide that is excused or justified

Front 10

def. justifiable homicide

Back 10

homicide commanded or authorized by law.

Front 11

def excuseable homicide

Back 11

homicide that is committed under circumstances in which the accused should not be held accountable

Front 12

def. criminal homicide

Back 12

homicide that is not justified or excused

Front 13

def. of MURDER

Back 13

homicide with malice

Front 14

def. malice (in homicide)

Back 14

acting with a person endangering state of mind (PESOM) and without justification, excuse, or mitigation

Front 15

What is a person endangering state of mind?

Back 15

a) intent to kill
b) intent to inflict serious bodily injury (SBI)
c) acting with a depraved heart (acting recklessly under circumstances manifesting extreme indifference to the value of human life)

Front 16

what is felony murder (majority and minority)

Back 16

maj- killing that occurs in the commission of an inherently dangerous felony

min- killing that occurs in the commission of a felony committed in a dangerous way, OR killing that occurs in the commission of any felony.

Front 17

First degree murder:

Back 17

murder perpetrated by
1. poison
2. lying in wait, or any other kind of willful deliberate and premeditated killing
3. be perpetrating one of the felonies of burglary, arson, rape, robbery, or kidnapping (1st degree felony murder)

Front 18

Second degree murder

Back 18

any murder that is not of the first degree. 2nd degree felony murder is murder committed by a felony not listed in the first degree statute.

Front 19

def. manslaughter

Back 19

homicide committed with a person endangering state of mind that is mitigated. (without malice)

Front 20

What are the possible mitigations to make a homicide manslaugter?

Back 20

1. Rule of provocation
2. Unreasonable belief self defense.

* a minority of jurisdiction recognize intoxication and diminished capacity

Front 21

What are the elements of the Rule of Provocation?

Back 21

1. there must be adequate provocation. It must be sufficient to cause a reasonable person to act from a heat of passion, rather than reason
2. the killing must be done in the heat of passion, looking at the SUBJECTIVE state of mind of the defendant
3. the heat of passion must be sudden, must follow the provocation before a reasonable person would have cooled
4. there must be a causal connection - the adequate provocation must have caused the act that caused the killing

Front 22

def. unreasonable belief self defense

Back 22

action would have been excused but for the defendant's unreasonable belief

Front 23

what are the 2 types of homicide that constitute voluntay manslaughter?

Back 23

1. Rule of Provocation
2. Unreasonable belief self defense

Front 24

def. involuntary manslaughter

Back 24

manslaughter that is not voluntary, there can be no PESOM, and no justification or excuse.

Front 25

What are the 2 types of involuntary manslaughter? (common law)

Back 25

1. involuntary manslaughter by criminal negligence
2. unlawful act manslaughter

Front 26

What is unlawful act manslaughter?

Back 26

(involuntary) also known as misdemeanor manslaughter. A killing that results from the commission of a misdemeanor or other act malum in se. This does not apply to a killing in the commission of a misdemeanor that is malum prohibitum.

Front 27

What is the difference in malum prohibitum and malum in se?

Back 27

malum prohibitum- not morally wrong or evil; wrong because the law says so, a regulatory offense.

malum in se- evil, morally wrong.

Front 28

What are the states of mind for criminal homicide?

Back 28

SPECIFIC INTENT- intent to kill

GENERAL INTENT-
-criminal negligence- substantial and unjustifiable risk of death or serious bodily injury that a reasonable person would foresee.
-recklessness- subjective awareness of a substanial and unjustifiable risk of death or serious bodily injury. [(add)that manifests extreme indifference to the value of human life -depraved heart recklessness]

Front 29

def. assault (traditional and alternative derived from torts)

Back 29

the defendant must attempt a battery, that is, he must specifically intend to commit a battery and do an act beyond mere preparation

the defendant must intend to cause and cause apprehension of recieving an immediate battery.

Front 30

def. battery

Back 30

unlawful application of force to the person of another. It requires a wrongful act committed criminally negligently resulting in the offensive touching

Front 31

AGGRAVATED assault and/or battery

Back 31

statutory crime making assault/battery a felony. Requires different intent; and/or different means; and/or a different result.(more serious)

Front 32

def. attempt

Back 32

defendant must have specific intent to commit a crime and do an act beyond mere preparation.

Front 33

The two tests for an act beyond mere preparation (attempt)

Back 33

1. physical proximity- How close was defendant to completion? (time, dist, acts left to do)

2. substantial step- has the defendant done a substantial step that strongly corroborates his/her intent?

Front 34

def. Legal impossibility

Back 34

is a defense to attempt, even if the defendant did everything he intended to do, it would be impossible for him to commit the crime.