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21 Cards in this Set
- Front
- Back
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imperfect self defense NV RUle
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an honest but unreasonable belief in need for self defense will not reduce murder to manslaughter
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Original Aggressor NV Rule
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1) withdraw
AND 2) communicate that withdrawal |
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to be a defense for a malice or general intent crime a mistake of fact must be
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reasonable
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entrapment
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criminal design originated with law enforcement
D must not have been predisposed to commit the crime |
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NV battery
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D must act knowingly causing the application of force on the Plaintiff
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NV assault law
Common law assault |
NV
intentionally placing another in reasonable apprehension of immediate bodily harm Common Law 1) attempted battery 2) intentional creation, other than by mere words of a reasonable apprehension of bodily harm. |
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aggravated assault
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use of a deadly weapon with the intent to
1) rape 2) maime OR 3) Murder |
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Defenses to Felony Murder
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1) a defense to the unerlying felony
2) felony they are committing must be a felony other than the killing 3) death must be foreseeable 4) Deaths caused after D reached a point of temporarry safety Note: D is not liable for death of co-felons as a result of resistance by victim or police NV exceptions: dismissed underlying felony, Prosecution can still argue felony murder at trial - felonious intent to commit underlying felony must arise before or during conduct resulting in death |
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Homicide of a police officer
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D must know he was an officer
and victim was acting in line of duty |
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nv 2nd degree murder
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killing with malice aforethought either express or implied OR
caused by a controlled substance made available to a person |
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Involuntary manslaughter requires what mental state
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criminal negligence
or killing someone while committing a misdemeanor or unenumerated felony |
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NV vehicular manslaughter
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one who operates a vehicle and proximately causes death of another through simple negligence
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NV Sexual assault
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combines a variety of sex crimes into the crime of sexual assault:
- any person can be the victim of sexual assault subjecting another to sexual penetration or forcing her to make penetration on themselves or another, or a beast - against victim's will or when D knows or should know victim is incapable of resisting or understanding nature of his conduct - penetration could be any intrusion however slight of any part of a person's body or object manipulated and inserted into the body of another marriage no defense to sexual assault in NV |
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Statutory rape age in nevada (sexual seduction)
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16
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NV Larceny
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1) common law larceny
2) use of any device for automatically withdrawing or transferring money to which he knows he's not entitled intentional taking or enticing away of one or more animals owned by another person -- And the livestock one: With intent to defraud, steal, appropriate or prevent identification - the marking, branding, or alteration of the livestock owned by another - the sale or purchase of the carcus or hyde of livestock that had mark or brand cut out - killing of animals owned by another and running at large whether marked or branded IN ALL CASSES ACT MUST BE DONE TO PERMANENTLY DEPRIVE FROM ITS OWNER Note: no defense that property was partly the accused property if value of property $250 or more, this is grand larceny |
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Embezzlement
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MBE:
Lawful possession AND Conversion NV Don't have to have specific intent to defraud |
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False pretenses
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D persuades owner of property to convey title by false pretense or false representation.
note: false promise to do something in the future can't be ground liability for false pretenses NV distinction: don't have to obtain title property to commit crime, can obtain money or other valuable things, including labor of a person not an employee |
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NV identity theft
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knowingly obtaining any personal identifying info of another with intent to commit an unlawful act, and uses that info to cause harm or for any unlawful purpose.
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NV Robbery
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no immediate threat required. A threat of property damage will suffice
No intent to permanently deprive |
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NV Extortion
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the thing sought is not limited to money or property and the crime is complete when threat is made with requisit intent
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NV burglary distinctions
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1) no night requirement
2) protected structure, not dwelling 3) with intent to commit not just a felony but can be assault, petit larceny, or battery |
