Criminal Law

Front 1

Solicitation

Back 1

Inciting, advising, or commanding another to commit a crime, with the intent that the person solicited commit the crime.

Front 2

Conspiracy

Back 2

1) an agreement between 2 or more persons
2) an intent to enter into the agreement
3) an intent b at least 2 persons to achieve the objective of the agreement
4) majority: most states require an overt act

Front 3

Attempt

Back 3

an act, done with intent to commit a crime, that falls short of completing the crime

Front 4

M'Naghten

Back 4

D does not know right from wrong

Front 5

Irresistible Impulse

Back 5

an impulse that D cannot resist

Front 6

Durham

Back 6

but for the mental illness, D would not have done the act

Front 7

M.P.C.

Back 7

combination of M'Naghten and irresistible impulse

Front 8

Voluntary Intoxication

Back 8

Acts a defense only to crimes with specific intent

Not a defense to other crimes involving malice, recklessness, or SL

Front 9

Battery

Back 9

unlawful application of force to the person of another resulting in either bodily injury or an offensive touching

Front 10

Assault

Back 10

1) an attempt to commit a battery (specific intent), OR
2) creation of reasonable apprehension (general intent)

Front 11

Murder

Back 11

Unlawful killing of a human being with malice afterthought

State of Mind:
1) Intent to kill
2) Intent to inflict great bodily injury
3) Reckless indifference to an unjustifiably high risk to human life
4) Intent to commit a felony

Front 12

Voluntary Manslaughter

Back 12

Killing that would be murder but of the existence of adequate provocation
- Look for "heat of passion"

Front 13

Involuntary Manslaughter

Back 13

Killing committed with criminal negligence (gross negligence) OR during the commission of an unlawful act

Front 14

Felony Murder

Back 14

Any death caused in the commission of, or in an attempt to commit, a felony is murder

Front 15

Statutory Rape

Back 15

Strict Liability crime

Front 16

Larceny

Back 16

1) a taking
2) and carrying away
3) of tangible property
4) of another with possession
5) by trespass
6) w/ INTENT to permanently deprive

--Look for must permanently deprive when took the property

Front 17

Larceny

Back 17

1) a taking
2) and carrying away
3) of tangible property
4) of another with possession
5) by trespass
6) w/ INTENT to permanently deprive

--Look for must permanently deprive when took the property

Front 18

Embezzlement

Back 18

1) Fraudulant
2) Conversion
3) of Personal property
4) Of another
5) By a person in LAWFUL POSSESSION of that property

Front 19

False Pretenses

Back 19

1) Obtaining title
2) To personal property of another
3) By an intentional false statement of past or existing fact
4) w/ INTENT to defraud the other

Front 20

Embezzlement

Back 20

1) Fraudulant
2) Conversion
3) of Personal property
4) Of another
5) By a person in LAWFUL POSSESSION of that property

Front 21

Robbery

Back 21

= larceny + battery

1) a taking
2) of personal property of another
3) From the other's person or presence
4) By force or threats of immediate death or physical injury

Front 22

Extortion

Back 22

Blackmail

Obtaining property by means of threats to do harm or to expose information

Front 23

False Pretenses

Back 23

1) Obtaining title
2) To personal property of another
3) By an intentional false statement of past or existing fact
4) w/ INTENT to defraud the other

Front 24

Burglary

Back 24

1) a breaking
2) and entry
3) of a dwelling
4) of another
5) at night
6) w/ INTENT to commit a felony in the structure

Front 25

Robbery

Back 25

= larceny + battery

1) a taking
2) of personal property of another
3) From the other's person or presence
4) By force or threats of immediate death or physical injury

Front 26

Arson

Back 26

1) Malicious
2) burning
3) of the dwelling
4) of another

Front 27

Extortion

Back 27

Blackmail

Obtaining property by means of threats to do harm or to expose information

Front 28

Specific Intent Crimes

Back 28

1) Solicitation
2) Attempt
3) Conspiracy
4) 1st degree Murder
5) Assault (attempted battery)
6) Larceny/robbery
7) Burglery
8) Forgery
9) False Pretenses
10) Embezzlement

Front 29

Burglary

Back 29

1) a breaking
2) and entry
3) of a dwelling
4) of another
5) at night
6) w/ INTENT to commit a felony in the structure

Front 30

Malice Crimes

Back 30

1) Common Law Murder
2) Arson

Front 31

Arson

Back 31

1) Malicious
2) burning
3) of the dwelling
4) of another

Front 32

Specific Intent Crimes

Back 32

1) Solicitation
2) Attempt
3) Conspiracy
4) 1st degree Murder
5) Assault (attempted battery)
6) Larceny/robbery
7) Burglery
8) Forgery
9) False Pretenses
10) Embezzlement

Front 33

Malice Crimes

Back 33

1) Common Law Murder
2) Arson