Criminal Law Midterm

Front 1

Murder

Back 1

The unlawful killing of another human being with malice aforethought, express or implied. Express Malice is the intent to kill. Implied Malice is the intent to inflict great bodily harm, awareness and disregard of a great risk to human life, and death occuring during the commission of an inherently dangerous felony (Felony-Murder-Rule).

Front 2

1st Degree Murder

Back 2

A deliberate, premeditated, wilful killing; OR death by lying in wait, poison, torture, explosion, or sex offense on a minor; OR death during the commission of certain felonies such as rape, robbery, arson, burglary.

Front 3

Voluntary Manslaughter

Back 3

The unlawful intentional killing of another human being without malice aforethought, engendered by adequate provacation. The test: (1)adequate provocation, (2)heat of passion, (3)no-cooling off period, and (4)causal connection.

Front 4

Involuntary Manslaughter

Back 4

the unlawful unintentional killing of another human being without malice aforethought by criminal negligence, or the Misdemeanor-Manslaughter Rule (death occuring during the commission of a misdemeanor malum en se, or a non-inherently dangerous felony)

Front 5

Suicide

Back 5

The wilful and wrongful taking of one's own life.

Front 6

Assault

Back 6

An attempted battery, or the intentional placing of another in apprehension of receivig an immediate battery. Furthermore, every actual battery includes an assault.

Front 7

Aggravated Assault (includes Assault with a Deadly Weapon)

Back 7

An assault with a felonious intent

Front 8

Merger Doctrine

Back 8

(1) Was the crime assault-based?
(2) Was there an independent felonious purpose?
If so, the Merger Doctrine would apply in some jurisdictions.

Front 9

Battery

Back 9

The unlawful application of force to the person of another.

Front 10

Rape (Common Law)

Back 10

the unlawful carnal knowledge of a female person without her consent, other than the wife of the accused.

Front 11

Statutory Rape

Back 11

the unlawful carnal knowledge of a willing female child under the age of consent.

Front 12

False Imprisonment

Back 12

the unlawful confinement of a person.

Front 13

Kidnapping (Common Law)

Back 13

the forcible abduction or stealing away of a man, woman, or child from his own country and sending him into another.

Front 14

Agravated Kidnaping

Back 14

a kidnapping where the victim is either held for ransom or has been harmed or injured.

Front 15

Mayhem

Back 15

Maliciously depriving another of the use of such of his members as may render him less able, in fighting, either to defend himself or to annoy his adversary. Modernly mayhem is maliciously maiming or disfiguring of another.

Front 16

Dueling

Back 16

The pre-arranged fighting with deadly weapons.

Front 17

Burglary

Back 17

the tresspassory breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony or petty theft. Modernly burglary is the entering of any structure with the intent to commit a felony or petty theft.

Front 18

Arson

Back 18

the malicious burning of the dwelling house of another. Modern arson is the malicious burning of any structure.

Front 19

Larceny

Back 19

the tresspassory taking and carrying away of the personal property of another with the intent to permanently deprive. Modernly, this falls under a statutory Theft charge.

Front 20

Robbery

Back 20

the tresspassory taking and carrying away of personal property in the presence of the possessor by force or fear with the intent to permanently deprive.

Front 21

Embezzlement

Back 21

the fraudulent conversion of the personal property of another to whom it was entrusted either by or for the owner.

Front 22

Actuas Reas

Back 22

Voluntary Act Requirement. A willed Muscular contraction.

Front 23

False Pretense

Back 23

knowingly and designedly obtaining the property of another by means of untrue representations of fact with intent to defraud.

Front 24

Mens Rea

Back 24

Latin: "a guilty mind".

Front 25

Theft

Back 25

moderntly the elements of larceny, embezzlement, and false pretense are all combined under one statute.

Front 26

Receiving Stolen Property

Back 26

receiving property with the knowledge it is stolen and without it having lost its stolen character.

Front 27

Malicious Mischief

Back 27

the malicious destruction of, or damage to, the property of another.

Front 28

Forgery

Back 28

the fraudulent making of a false writing having apparent legal significance.

Front 29

Uttering

Back 29

the offering as genuine an instrument known to be false, with intent to defraud.

Front 30

Counterfeiting

Back 30

the unlawful making of money in the similitude of the genuine. Modernly counterfeiting is the unlawful making, in the similitude of the genuine, of any false money, or of any false obligation or other security of the US or of any foreign government.

Front 31

Extortion

Back 31

the corrupt collection of an unlawful fee by an officer under color of office, with no proof of threat, force, or duress required.

Front 32

Statutory Blackmail

Back 32

either (1)the extraction of money or other value by means of an unlawful threat, or (2)an unlawful threat made for that purpose.

Front 33

Attempted Murder

Back 33

the unlawful attempted killing of another human being with express malice aforethought.

Front 34

Statutory Joy Riding

Back 34

the trespassory taking and carrying away of an automobile of another without the intent to permanently deprive.