Criminal Law Barfs (Baz)

Front 1

What is homicide?

Back 1

The killing of one human being by another

Front 2

What is Murder?

Back 2

unlawful homicide with malice aforethought

Front 3

What is malice aforethought?

Back 3

It can be expressed- Specific intent to kill

It can be implied- extreme recklessness, or intent to commit serious bodily harm or the felony murder rule

Front 4

What is express malice aforethought?

Back 4

specific intent to kill

Front 5

What is implied malice aforethought

Back 5

Malice implied by
1. Felony murder rule
2. extreme recklessnes
3. Intention to cause serious bodily harm.

Front 6

What is 1st degree murder?

Back 6

This murder that is committed by any of the following means:
1. Premeditation and deliberation
2. specific means
3. homicide during the course of an independent inherently dangerous felony (fmr)

Front 7

What is premeditation?

Back 7

The idea of killing was entertained prior to the killing

Front 8

What is deliberation?

Back 8

the defendant was acting calmly (cold blood) and reflected prior to killing

Front 9

What is specified means?

Back 9

Premeditated by bombing, poison, torture, lying in wait. No further evidence of premeditation and deliberation is needed for 1st degree.

Front 10

What is the felony murder rule?

Back 10

An unintended homicide occurring durin the course of an independent inherently dangerous felony such as: burglary, rape, robbery, arson, mayhem, or kiddnapping. The underlying felony must be independent of the killing.

Front 11

what is 2nd degree murder?

Back 11

all murder that is not 1st degree

Front 12

what is voluntary manslaughter?

Back 12

intended unlawful homicide without malice aforethought by an act through sudden heat of passion, by provocation, without a cooling off period.

Front 13

What are some adequate prevocational acts?

Back 13

would cause a reasonable person to act from passon: Such as mutual combat, battery, assault, adultery, and outrageous acts against family members

Front 14

What is sudden heat of passion? Also discuss the majority and minority views.

Back 14

Kiling must have been been in the sudden heat of passion before cooling-off.
Majority- reasonable person with similar afflictions
Minority- Ignores afflictions

Front 15

What is involuntary manslaughter?

Back 15

Unintentional killing without malice aforethought that is caused by criminal negligence, or committed during the commission or attempted commission of an unlawful act.

Front 16

What is criminal negligence?

Back 16

Conduct that creates a hight risk of death or serious bodily harm.

Front 17

What is an unlawful act?

Back 17

misdemeanor or felony that wond support the felony murder rule.

Front 18

What is embezzlement?

Back 18

This is a specific intent crime. Fraudulent conversion of property by one to whom the property was entrusted.

Front 19

What is false pretenses?

Back 19

This is a specific intent crime- Knowingly and designingly obtaining title to property of another by means of untrue representation of fact with intent to defraud

Front 20

What is larceny?

Back 20

This is a specific intent crime- Taking of anothers personal property with intent to permanently deprive.

Front 21

What is Larceny by trick?

Back 21

This is a specific intent crime. Taking of anthers personal property with intent to permanently deprive by permission obtained by deception.

Front 22

What is receiving stolen property?

Back 22

Controlling/concealing/receiving property with knowledge that it is stolen.

Front 23

What is Robbery?

Back 23

Specific intent crime- Larceny from the person, or the immediate presence of the person, by the use of violence, force, or imtimidation that puts the victim in immediate fear of harm of their person, property or family.

Front 24

What is extortion?

Back 24

Specific intent crime- Obtaining property by unlawful threat to induce consent Immediacy of threat is not necessary, and intimidation must be extreme.

Front 25

What is Burglary?

Back 25

Per commonlaw- The breaking and entering of the dwelling house of another in the nightime, with intent to commit a felony.
Modernly: Unauthorized entry of a structure with intent to commit a felony or theft therin.

Front 26

What is Battery?

Back 26

Inentional harmful or offensive touching.

Front 27

What is assault?

Back 27

Attempt to commit battery or placing another in apprehension of an unlawful touching.

Front 28

What is rape?

Back 28

C/L- the intentional or criminally negligent sexual intercourse by a male ith a female without her consent. Modernly, males can be raped.

Front 29

What is kidnaping?

Back 29

C/L- The forcible abduction or stealing away of a person from his own country and sending him into another.
Modernly- Forcibly moving a person into another place.

Front 30

What is false imprisonment?

Back 30

the intentional unlawful confinement of another person without his consent. Confinement -restraining or containing a person by means of force or threats of force within encirculed boundaries with no reasonable means of escape.

Front 31

What is a conspiracy?

Back 31

An agreement between two or more person to commit an unlawful act or lawful act by unlawful means.

Front 32

What is solicitation?

Back 32

Urging, soliciting, influencing, requesting, commanding, or encouraging anotherperson to commit a crime with specific intent that the other person actually commits the crime.

Front 33

What is complicity?

Back 33

Knowledge of unlawful purpose of Perp, intent to facilitate, encourage, or commit crime. Defenant's presence/Act must further crime or add to probability of success of crime.

Front 34

What is an attempt?

Back 34

When a person with intent to commit an offense performs any act that constitutes a substantial step toward the commission of that offense. Must be beyond preparation.

Front 35

What is abandonment?

Back 35

Guilty once defendant goes behyond mere preparation.

Front 36

What is an accomplice?

Back 36

Intentionally assists the primary actor to engage in the conduct that constitutes the crime.

Front 37

What is accessory before the fact?

Back 37

Defendant encourages before the fact with requisite intent, but not actually or constructively present when the crime is committed.

Front 38

What is accessory after the fact?

Back 38

After the commission of a crime defendant does afirmative act to harbor or aid a felon to avoid capture, etc. Defendant must know felony was committed or perp was charged.

Front 39

What is the mcnaghten rule?

Back 39

Person is insane at the time of act if:
1. They did not know the nature and quality of act he was doing or;
2. If he did know, he did know what he was doing.

Front 40

What is the ALI test for insanity?

Back 40

Person is insane if they lack substantial capacity to
1. appreciate the criminality or the wrongfulness of conduct or
2. conform their conduct to the requirement of the law.

Front 41

What is the durham test for insanity?

Back 41

Person is insan if any abnormal condition of the mind substantially affects mental or emotional process and substantially impairs behavioral control

Front 42

What is self defense?

Back 42

a person can use self defense, it must be reasonable force to repel the threat. A third person can only use force that the victim could have used.

Front 43

What is the rules regarding use of deadly force?

Back 43

Can only be used when reasonable to protect person from deadly force or threat of serious bodily harm. Majority there is no duty to retreat Minority- you must retreat if the opportunity presents itself.

Front 44

Discuss crime prevention

Back 44

Can use force necessary to prevent crime. Deadly force only if substantial risk that suspect will causedeath or serious bodily harm, but no mistake is allowed.

Front 45

Discuss public authority

Back 45

Police authorized to make arrest on reasonable or probable cause. Modernly police must be present during he commission of crime.

Front 46

What is domestic authority?

Back 46

A parent or school administrator.

Front 47

What is the barf for an act?

Back 47

· Barf for Act: An occurrence, which is affirmative manifestation of the actor’s voluntary will, or a nonoccurrence that is an omission to act when there is a legal duty to do so.

Front 48

How might a person be held to have a duty to act?

Back 48

1. statute
2. relationship
3. contract
4. voluntary assumedthe care or rescue of another

Front 49

What is the barf for Intentionally?

Back 49

· The actor acts intentionally if he acts with the conscious objective or purpose to cause the harm or has knowledge that the harm is substantially certain to occur as a result of the conduct.

Front 50

What is general intent?

Back 50

the actor desired to commit the act, hich is the actusrea of the crime

Front 51

What is specific intent?

Back 51

In addition to having the general intent the actor desired to do some future act or to do achieve some furtherconsequence or that the actor has the intent to act ith knoledge of a statutory attendant circumstance

Front 52

what is purposefully?

Back 52

A person acts purposefully if it is his conscious object to engage in conduct of that nature or to cause such a result.

Front 53

What is knowingly?

Back 53

the actor acts "knowingly" if he acts with awarenes of a material fact, or correctly believes that it exists, and that fact is arequired element of the offense.

Front 54

What is recklessly?

Back 54

a person acts recklesly if he acts in conscious disregard of a very substantial and unjustifiable risk or which he was subjectively aware.

Front 55

What is the irresistibl impulse test?

Back 55

A person is insane if at the time of the offense:
1. she acted from an irresistible and uncontrollabe impulse;
2. she lost the power to choose between right and wrong, and to avoid doing the act in question as that her freeagency was at the time destroyed
3. the defendant's will has been otherwise than voluntarily so completly destroyed that her actions are not subjct to it but are beyond her control.

Front 56

What is the federal test for insanity?

Back 56

a person is excused if she proves by clear and convincing evidence that, at the time of the offense, as the result of a sever mental disease or defect, she was unable to appreciate:
1. the nature and quality of her conduct
2. the wrongfulness of her conduct.

Front 57

What is entrapment?

Back 57

a law-enforcment officer's or govt agent's inducement of a person to commit a crime, by means of fraud or undue persuasion, in an attempt to later bring a criminal proseution against that person.

Front 58

What is the california test for entrapment?

Back 58

We review to see if the law enforcement officers actions would have induced a normally law abiding citizen to commit the crime. (predisposition is not relevant)

Front 59

What is the federal test for entrapment?

Back 59

The prosecution must prove beyond a reasonable doubt the defendant was predisposed to commit the crime prior to being approached by the govt agent. (If the govt induced the action, the defense will fail if predisposition can be shown)Govt has the burden of proof. It is not an affirmative defense. Must be proven beyond a reasonable doubt.