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34 Cards in this Set

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definition of common law burglary
Breaking and entering into the dwelling of another during the nighttime with the intent to commit a felony
common law definition of breaking
making a physical opening by tresspass into a building or part of a building
def. Constructive breaking
entry by means of threats, fraud or trickery
def. entering
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.
def. dwelling of another
habitation, where people live. Includes buildings in the curtilage of the dwelling as well.
def. during the nighttime
when there is insufficient light to see a person's face.
COMMON STATUTORY CHANGES TO COMMON LAW BURGLARY
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
def. homicide
Killing of one human being by another
def. innocent homicide
homicide that is excused or justified
def. justifiable homicide
homicide commanded or authorized by law.
def excuseable homicide
homicide that is committed under circumstances in which the accused should not be held accountable
def. criminal homicide
homicide that is not justified or excused
def. of MURDER
homicide with malice
def. malice (in homicide)
acting with a person endangering state of mind (PESOM) and without justification, excuse, or mitigation
What is a person endangering state of mind?
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)
what is felony murder (majority and minority)
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.
First degree murder:
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)
Second degree murder
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.
def. manslaughter
homicide committed with a person endangering state of mind that is mitigated. (without malice)
What are the possible mitigations to make a homicide manslaugter?
1. Rule of provocation
2. Unreasonable belief self defense.

* a minority of jurisdiction recognize intoxication and diminished capacity
What are the elements of the Rule of Provocation?
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
def. unreasonable belief self defense
action would have been excused but for the defendant's unreasonable belief
what are the 2 types of homicide that constitute voluntay manslaughter?
1. Rule of Provocation
2. Unreasonable belief self defense
def. involuntary manslaughter
manslaughter that is not voluntary, there can be no PESOM, and no justification or excuse.
What are the 2 types of involuntary manslaughter? (common law)
1. involuntary manslaughter by criminal negligence
2. unlawful act manslaughter
What is unlawful act manslaughter?
(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.
What is the difference in malum prohibitum and malum in se?
malum prohibitum- not morally wrong or evil; wrong because the law says so, a regulatory offense.

malum in se- evil, morally wrong.
What are the states of mind for criminal homicide?
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]
def. assault (traditional and alternative derived from torts)
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.
def. battery
unlawful application of force to the person of another. It requires a wrongful act committed criminally negligently resulting in the offensive touching
AGGRAVATED assault and/or battery
statutory crime making assault/battery a felony. Requires different intent; and/or different means; and/or a different result.(more serious)
def. attempt
defendant must have specific intent to commit a crime and do an act beyond mere preparation.
The two tests for an act beyond mere preparation (attempt)
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?
def. Legal impossibility
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.