Criminal Law Terms

Front 1

What are specific intents crimes?

Back 1

FAR BECALMS; false imprisonment, attempt, robbery, burglary, embezzlement, conspiracy,assault,larceny, pre-meditated murder, solicitation

Front 2

What are malice crimes?

Back 2

Murder and Arson

Front 3

What are the elements of solicitation?

Back 3

inciting, counseling, advising, etc, another to commit a Felony with the specific intent that the person solicited commit the crime. The crime is complete when the solicitation is made.

Front 4

What is criminal attempt?

Back 4

1)a specific intent to commit the crime; and, 2) an over act in furtherence of the crime

Front 5

Can one withdraw from an attempt?

Back 5

Generall, withdrawal is no defense. However, under MPC withdrawal is a defense if 1)it is fully voluntary and 2) it is a complete abandonment, not just a desire to postpone or find another victim.

Front 6

What are the four tests for insanity?

Back 6

1) McNauhton; no awareness of right/wrong, criminal purpose.2) Irresistable impulse; focuses on control 3) Product: No responsibility for a crime because the illness caused it 4) Model Penal Code; combines first 2 tests. If mental illness caused substantial impairment of ability to appreciate wrongness of act or to conform conduct to law

Front 7

Is voluntary intoxication a defense?

Back 7

Only to specific intent crimes.

Front 8

Is mistake of fact a defense?

Back 8

Only if it negates a required state of mind.

Front 9

Does a mistake have to be reasonable?

Back 9

FOr malice and general intent crimes, reasonableness is required for specific intent crimes, it only has to be in good faith.

Front 10

What are the elements of entrapment?

Back 10

1. the criminal design must have originated with law enforcement officers; and 2. the defendant must not have been predisposed to commit the crime prior to the initial contact by the government.

Front 11

How does the burden go on entrapment?

Back 11

If the defendant offers credible evidence on the two elements, the gov. must show predisposition beyond a reasonable doubt.

Front 12

What are the elements of criminal battery?

Back 12

Unlawful application of force to the person of another resulting in either bodily injury of an offensive touching.

Front 13

What state of mind is needed for battery?

Back 13

A battery need not be intentional; crimianal negligence is sufficient

Front 14

What is aggravated battery?

Back 14

1.deadly weapon is used
2.serious bodily injury
3.the victim is a child, woman of police officer.

Front 15

What are the elements to assault?

Back 15

1.Attempt to commit battery of 2. Intentioanl creation, other than by mere words, of a reaonable apprehension in the mind of the victim of imminent bodily harm.

Front 16

What is larceny?

Back 16

a taking and carrying away of personal property of another by a person in lawful possession of that property

Front 17

What are the elements of kidnapping?

Back 17

movement of the victim or concealment of the victim in a secret place.

Front 18

What is rape?

Back 18

unlawful carnal knowledge of woman by a man without her effective consent.

Front 19

What are the two types of involuntary manslaughter?

Back 19

1.cRIMINAL NEGLIGENCE
2. Unlawful Act manslaughter (while committing a misdemeaor of felonies that are not violent).

Front 20

elements of robbery are:

Back 20

1. a taking of personal property of another from the other's person or presence by force or intimidation with the intent to deprive hime permanently of it.