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49 Cards in this Set

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MODERN LAW - BURGLARY
Burglary is an unlawful entry into any kind of building at any time of day with the intent to commit any felony or misdemeanor theft therein
MODERN LAW - MAYHEM
Is dismemberment or disablement which cause permanent disfigurement
COMMON LAW - LARCENY
Is the trespassory taking and carrying away of personal property of another with the intent permanently to deprive
MODERN LAW - RAPE
Is unconsented sexual intercourse
COMMON LAW - FELONIES
Murder, Robbery, Manslaughter, Rape, Sodomy, Larceny, Arson, Mayhem and Burglary. [MR MRS LAMB]
COMMON LAW - FELONY MURDER
Is the killing committed during the perpetration of a felony.
CORPUS DELICTI
The body and substance of the crime which ordinarily includes two elements: 1. the act AND 2. the criminal agency of the act.
COMMON LAW - RAPE
Is the unlawful carnel knowledge of a woman without her consent.
MODERN LAW - ASSAULT
An attempt to commit a battery OR Intentionally placing another in apprehension of a battery.
Attempt to commit (crime)
Is any substantial act toward the commission of (crime) with specific intent to commit (crime).
MODERN LAW - KIDNAPPING
Is the intentional and unlawful movement of a person from one place to another against his will.
COMMON LAW - MAYHEM
Required the type of injury which permanently rendered a victim less able to fight offensively or defensively.
COMMON LAW - BURGLARY
Burglary is the trespassory breaking and entering of the dwelling house of another in the night with the intent to commit a felony or petit larceny therein
STATUTORILY DEFINED FELONIES
Burglary, Arson, Robbery, Kidnapping and Rape. [BARKR]
MODERN LAW - FIRST DEGREE FELONY MURDER
Is a killing committed during the perpetration or attempt to perpetrate an inherently dangerous felony or one of the statutorily defined felonies.
COMMON LAW - MURDER
The unlawful killing of another with malice aforethought
WHARTON'S RULE
A conspiracy to commit a crime requires the participation of more parties than are necessary to commit the crime itself.
CONSPIRACY TO COMMIT (CRIME)
Is an agreement by two or more persons to commit an unlawful act or a lawful act by unlawful means
MODERN LAW - EXTORTION (OR BLACKMAIL)
Is the obtaining of property from another induced by wrongful use of actual or threatened force, violence or fear, or under color of official right.
MODERN LAW - INVOLUNTARY MANSLAUGHTER
Is the unintentional killing of another committed during the performance of: 1. an unlawful act not amounting to a forcible felony OR 2. a lawful act carried out negligently, but w/out extreme recklessness.
COMMON LAW - EXTORTION
Is the corrupt collection of an unlawful fee by an officer under the color of his office.
MODERN LAW - LARCENY BY FALSE PRETENSES
Is the false representation of a material past or present fact which causes the victim to pass title to his property to a wrongdoer who knows his representation to be false and intends thereby to defraud the victim.
MODERN LAW - LARCENY BY TRICK OR FRAUD
Is a misrepresentation made with the intent to defraud which is relied on by the victim and causes the victim to relinquish possession of the property.
MODERN LAW - EMBEZZLEMENT
Is the fraudulent conversion of the property of another by a person who is in lawful possession of that property.
UTTERING
Is the passing of an instrument known to be false
MODERN LAW - VOLUNTARY MANSLAUGHTER
The intentional killing of another committed in the heat of passion and with adequate provocation.
MODERN LAW - SECOND DEGREE FELONY MURDER
Is a killing committed during the perpetration of attempt to perpetrate an inherently dangerous felony not defined by statute for first degree felony murder.
FORGERY
Is the false making or altering of a comercial writing having apparent legal significance with the intent to defraud.
ROBBERY
Is the felonious taking of personal property in the possession of another, from his person or immediate presence, against his will, accomplished by means of force or fear.
MODERN LAW - FIRST DEGREE MURDER
The unlawful killing a human being with malice aforethought and with an intent to kill that is willful, deliberate and premeditated to cause death.
MODERN LAW - SECOND DEGREE MURDER (FURTHER DEFINED)
The perpetrator usually manifests a depraved or hardened heart w/ indifference to the very high risk of death or great bodily injury that may result from his behavior
MODERN LAW - SECOND DEGREE MURDER
The unlawful killing of a human being with malice aforethought that does not amount to first degree murder.
MODERN LAW - OBSTRUCTION OF JUSTICE
Is any act of corruption, intimidation or force tending to impede the administration of justice.
COMMON LAW - MISPRISION OF FELONY
Is nondisclosure or concealment of the known felony of another.
COMMON LAW - MANSLAUGHTER
The unlawful killing of another without malice aforethought
COMMON LAW - ASSAULT
Is an attempt to commit battery.
BATTERY
The unlawful application of force to the person of another or the unconsented touching of another
FALSE IMPRISONMENT
Is the unlawful confinement of a person
COMMON LAW - KIDNAPPING
The forcible abduction or stealing of a man, woman or child from his country and sending him into another country.
COMMON LAW - ARSON
Is the malicious burning of the dwelling of another
COUNTERFEITING
Is the unlawful making of false money in the similitude of the genuine.
MALICIOUS MISCHIEF
Is the malicious destruction of, or damage to, the real or personal property of another.
MODERN LAW - TREASON
Consists in levying war against the United States, or in adhering to this country's enemies, giving them aid and comfort.
PERJURY
Is knowingly giving information believed to be false on a material matter while under oath or affirmation in a judicial proceeding.
BRIBERY
Is the corrupt payment or receipt of a private price for official action.
COMMON LAW - COMPOUNDING CRIME
Consisted of entering into an agreement for valuable consideration not to prosecute another for a felony, to conceal the commission of a felony or the whereabouts of the felon
MODERN LAW - COMPOUNDING CRIME
Applies to any crimes, not just felonies.
SOLICITATION TO COMMIT (CRIME)
Is any use of words or other device by which a person is requested, urged, advised, counseled, tempted, commanded or otherwise enticed or incited to commit (crime).
PIKERTON'S RULE
All parties to a conspiracy are vicariously liable for substantive crime committed in furtherance of the conspiracy.