• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/32

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

32 Cards in this Set

  • Front
  • Back
  • 3rd side (hint)
Corpus Delecti Definiton
"Body of Crime"
Crime must have been proven to have occurred before a person can be convicted of committing that crime.

i.e; Can't charge someone for larceny unless it can be proven that property was stolen. For Arson, it must be proven that a criminal act happened that caused the burning.
Corpus Delecti Elements
Class Definition:
Body of Crime
1. A crime has been committed (criminal agency)
2 Defendant committed the crime

Online Definition:
1. Actus Reus (Criminal Act)
2. Mens Rea (Criminal Intent)
3. Concurrence (Actus Reus and Mens Rea must be related, occur at same time or mens rea motivates the actus reus)
4. Causation (relationship between conduct and result)
5. Harm
Retributive Thought Process
Just Desserts. Specific Deterrence. What will it take for you to never do it again?
Utilitarian Thought Process
A general Deterrence. We aren't teaching you a lesson, we are teaching the Whole World a lesson.
Direct Evidence
Fact
Circumstantial Evidence
A set of evidence that will lead you to conclude that a crime has been committed.
Criminal Agency and Two questions asked
1. Did V die of Crim Agency and
2. Was D the cause of Crim Agency?
A Defendant walks into police station and confesses to a crime.
Why must we have proof before believing D's statement that he did it?
It can't be used because criminals are not reliable sources of information.
Common Law Homicide
A killing committed with "MALICE AFORETHOUGHT"
Malice Aforethought - 4 different states of mind
Malice Aforethought - common law
4 States of Mind
1. Intent to Kill
2. Intent to cause grievous bodily harm
3. Depraved heart killing (extreme recklessness)
4. Intent to commit a felony with death occurring (felony murder)
Intent to cause grievous bodily harm:
Killing someone in an attack intending to cause them grievous bodily harm. i.e; stabbing someone to wound them but they die.
Depraved Heart Killing
Killing someone in a way that demonstrates a callous disregard for the value of human life.
i.e; A person intentionally fires a gun into a crowded room, and someone dies.
a. Conscious
b. Very High Risk
c. W/O provocation or justification
3
Felony Murder
Killing someone while in the process of committing a felony.
1.Common Law Felonies - Arson, Rape, Robbery, Burglary
2. Death was reasonably foreseeable
3. Underlying felony can't be an integral subset of the homicide. It must be independent of the homicide.
i.e. Assault and Battery with a Deadly weapon are included in the murder, so accused is only charged with murder, not also Assault and Battery with a deadly weapon.
3
1st Degree Murder Elements
Willful
Deliberate
Premeditated Murder
Felony Murder.
4
2nd Degree Murder
Willful
Malice Aforethought
Without Premeditation
3
Criminal Negligence
1. Reasonably Foreseeable
2. High Risk - Risk of death reasonably foreseeable
3. Unreasonable Conduct - socially unacceptable from public stand point.
4. Substantial Deviation -
a. create high risk of death
b. be substantial departure from how ordinary people act
c. more than ordinary negligence
1,2,3,4(a,b,c)
Voluntary Manslaughter
1. Intent to kill (with malice)
2. Heat of Passion
3. Legally Adequate Provocation (the difference from murder.)
4. Cooling off period.
In-Voluntary Manslaughter
The killing of another
a. No Intent (w/o Malice)
b. Unintentional
c. Doing some unlawful act not amounting to a felony or tending to cause death or great bodily harm or
d. by the negligent omission to perform a legal duty
1. Heat of Passion
2. Legally adequate Provocation
3. No reasonable cooling off period
Legally adequate Provocation
Would cause a reasonable person to lose self control.
4 questions to ask when determining LAP.
1. Consistent with human nature?
2. How intense was the emotion?
3. Are the floodgates going to open?
4. Culture
Premeditated Murder
All murder which is perpetrated by any kind of willful, deliberate and premeditated killing with express malice aforethought is murder.
i.e; Defendant makes a decision to kill, and then Reflects. (it can be an instant).
Premeditated Murder Elements
6
1. Intent to Kill
2. Wilful
3. Fully conscious Mind
4. Deliberate
5. Reflect - Sufficient time to formulate plan (proof of your intent to kill)
6. Select an instrument or to frame a plan to carry this design to execution.
Reflection and Reaction
Bar Fight. Pulls a Gun. Bang. Someone is dead. It isn't 1st degree. You can have instantaneous premeditation but in a rage you have No time to reflect.

Reaction is different than Reflection.
Provocation Test
1. Provocation that would rouse a reasonable person to the heat of passion
2. Actual Provocation of the defendant
Assault - Common Law
Common Law - An attempted but unsuccessful battery.
Assault - modern law addition
An attempted but unsuccessful battery.

plus; Defendant's conduct creates a reasonable apprehension in the victim that he/she is about to suffer an imminent battery.
Battery
Unlawful
H/O Contact,
Caused by Defendant
With Intent to cause H/O contact
or As a result of criminal negligence.
Kidnapping
Forcible movement or secret confinement of another against that person's will and w/o lawful authority.
Burglary
Breaking and entering
Dwelling
of another
in the nighttime
with the intent to commit a felony

common law
any force , using someone, demanding someone, threatening someone to open a door is "breaking"
Arson
Common Law Arson:
The (1)malicious (2)burning of the (3)dwelling of (4)another.
Malicious was defined as either the intent to burn or the reckless disregard of the very high risk that the burning would occur.
Example of Criminal Law Exam Question: Carol racked her leaves into a pile on the driveway, she lights it on fire even though she knew she wasn't suppose to light it. There are high winds. Burning leaves fly on neighbors house and causes shingles to light on fire.
Q: Can she be charged with Criminal Arson?
A: Yes, she acted Maliciously (recklessly, knowing she wasn't suppose to and where it was foreseeable that the leaves could cause fire) to the dwelling of another.
Satisfies all 4 elements of Arson including (1)Malicious.
No intent to commit actual arson is needed, since her recklessness satisfies the Mens Rea requirement.
Common Law Rape
Elements:
1. Penetration --> no matter how slight
2. By a MAN of a WOMAN (not his wife) {there was a contract. man provides food and shelter, woman provides kids and sex. so there can be no rape, there is a contract.}
(3,4,5,6 all go together)
3. By actual physical force or by threat of GBH (great bodily harm)
4. Against the Victim's Will.
5. Mens Rea (intent) -->General intent
6. Resistance
Statutory Rape
Statutory Rape (terms of art. words seem to go together to make a phrase)
Elements:
1. Penetration
2. Age
consent or lack of it, is irrelevant. The law establishes the inability to consent.
Force or lack thereof, is irrelevant. They can't consent.
All the state has to prove is that there was penetration, and the victim was underage.
Mistake of age is no defense.
Strict Liability, don't need Mens Rea (intent).

Rationale: Meant to protect young girls. And making it a Strict Liability, you put it on Men to know who they are with. Fake ID? Too bad, that's your problem.
Sexual Battery
Sexual Battery
Oral, anal, or vaginal pentration by or union with the sexual organ of another by any other object, not done by a bonifide medical purpose.
{common law comparison: 1. Penetration gone. 2. By man to women. gone. 3. Resistance. 5.Mens Rea. bye. 6. Resistance. au revoir. All this is gone. Only 4. Against will. remains.)