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;
49 Cards in this Set
- Front
- Back
|
Common law parties to the crime |
o Principal in the first degree – person who actually committed the crime. o Accessory before the fact – assisted the crime but was not present. Accessory became aprincipal in the 2nd degree if he was present at the crime. Constructive presence –Leaving something at the scene of the crime to assist in thecommission of the crime. o Accessory after the fact • At common law, presence at the scene distinguishes an accessory from a principal. |
|
|
Florida law parties to the crime |
Principal in the first degree - Person who commits the actus reus and/or the person who aids, abets, hires, counsels, orotherwise procures a criminal offense. Accessory after the Fact - Accessory after the fact assists a principal with intent that the offender avoids orescapes detection, arrest, trial, or punishment. Family members excluded if they assist in a 3rd degree felony or less. |
|
|
Insanity |
Applies M'Naghten test - Defendant did not know, because of a mental defect or disease, thatwhat he was doing was wrong. Requires D to prove D was insane at the time of the crime by clear and convincing evidence. |
|
|
Voluntary intoxication |
Not a defense to any crime in FL. Only exception is if intoxication was due to prescription drugs. |
|
|
Common law classification of crimes |
o Felony crimes – punishable by death or imprisonment of more than one year. o Misdemeanor crimes – crimes punishable by one year or less |
|
|
Florida classification of crimes |
o Felony crimes Capital felony Life felony First-degree felony Second-degree felony Third-degree felony o Misdemeanors are classified as: First-degree Second-degree o Non-criminal violation –traffic offenses -punishable by fine, forfeiture, or civilpenalty |
|
|
How can a crime be upgraded to the next higher level in FL? |
Penalty enhancers - use of weapons, wearing a mask, bulletproof vests, taking of a police officer’s gun. |
|
|
Common law fetus |
Fetus is not a living person and therefore could not be the victim of a homicide. |
|
|
Florida fetus |
If a person kills a viable fetus by causingany injury to the mother - the measure of killing is in the same degree had the killing been tothe mother. |
|
|
Assisted suicide |
CL - Helping someone commit suicide is not being an accessory to homicide. FL - Helping someone commit suicide = manslaughter. |
|
|
Year and one day rule |
CL = If the victim died from the injuries inflicted by the defendant more than one yearand one day after the defendant’s act, it was conclusively presumed that the defendant wasnot the proximate cause of the death. FL = Does not apply year and one day rule. |
|
|
Malice aforethought |
CL = Murder was defined as the unlawful killing of a human being with “malice aforethought.” Malice aforethought = Intent to kill Intent to inflict serious bodily injury Reckless indifference (depraved heart) Felony murder. FL = No use of malice aforethought. Instead, there are different degrees of murder. |
|
|
FL degrees of murder |
3 of degrees of murder, 3 degrees of manslaughters, and 3 degrees of felony murders. |
|
|
MURDER IN THE FIRST DEGREE |
CL = Two - (1) Murder in the first degree - deliberate and premeditated murder OR (2) murder in the first degree - felony murder. FL = Three - (1) “Premeditated design” to end the life of the person killed or any humanbeing, (2) Felony murder and attempted felony murder, OR (3) Killing resulting from unlawful distribution of specified controlled substances. |
|
|
FELONY MURDER |
CL = Killing during enumerated felony (BARRK). No degrees of felony murder. FL = 1st degree - Killing during enumerated felony (DEA MUT BARRK at CAARS). 2nd degree - Killing is committed by someone other than the defendant during the commission of anenumerated felony. 3rd degree - Killing is committed during the commission of a non-enumerated felony. |
|
|
DEA MUT BARRK at CAARS |
Drug trafficking Escape Aggravated assault or abuse on a child, an elderly, or a disabled person Murder Unlawful bombing Terrorism Burglary Arson Robbery Rape Kidnapping Carjacking Aircraft piracy Aggravated stalking Resisting an officer with violence Sexual battery |
|
|
ATTEMPTED FELONY MURDER |
CL = No such thing. FL = 2 degrees: 1st degree - Perpetrates or attempts to perpetrate a felony and Commits or aids in an intentional act that Could but does not kill someone. 2nd degree - Someone is injured by someone other than the perpetrator During the commission of an enumerated felony |
|
|
SECOND DEGREE MURDER |
• Unlawful killing with a depraved heart o Extreme indifference to human life • Killing occurs by someone other than the defendant in the commission of an enumerated felony. |
|
|
THIRD DEGREE MURDER |
Unlawful killing during the commission of a non-enumerated felony. |
|
|
MANSLAUGHTER |
CL = Voluntary (heat of passion) or involuntary (gross negligence). FL = o Classifies manslaughter by aggravated manslaughter and manslaughter o Manslaughter includes both voluntary and involuntary manslaughter Killing without an excuse or justification o Aggravated manslaughter - Who is killed Child, elderly, disabled, police officer, fireman, or paramedic |
|
|
FLORIDA THEFT STATUTE |
Encompasses larceny, embezzlement, and false pretenses. Elements = oKnowingly o Obtain or use o Another’s property o With the intent to either permanently or temporarily deprive that personof the property. |
|
|
Degrees of theft |
Grand Theft in the First Degree - Property 100k or more, Cargo 50k or more, or motor vehicle was used to damage property 1k or more. Grand Theft in the Second Degree - Property 20k to 100k, Cargo less than 50k, or stolen law enforcement equipment. Grand Theft in the Third Degree - Property 300 to 20k, property stolen from dwelling 100 to 300, Wills, firearms, or vehicles. Petit Theft: Property valued at $100 to $300. |
|
|
ROBBERY (FL) |
o All the elements of larceny are included o Taken from the person, as well as o Use of force, violence, assault, or putting in fear o In the course of the taking – Before, during, or after the robbery if the actions that are part of the force are part of a Continuous series of acts. |
|
|
Degrees of robbery in Florida |
o First-degree robbery occurs When a weapon is used During a carjacking Home invasion robbery. o Second-degree robberies are all other robberies. |
|
|
Carjacking |
o Taking a motor vehicle o Intent to depriveo Use of force, violence, assault, putting someone in fear |
|
|
Home-invasion robbery |
o Enters an occupied dwelling o Commits a robbery of the occupants o Victim must be present. Note: The key to robbery is the presence of the person being stolen from. |
|
|
BURGLARY (FL) |
o Enters a dwelling o Intent to commit an offense Entering a dwelling in secret without consent is prima facie evidence of intent to commitan offense. o Consent is an affirmative defense. (Burden is on the defendant to proveconsent by clear and convincing evidence.) No breaking is requires, does not need to be at night, and no requirement to intend to commit a felony (any crime will suffice). |
|
|
Dwelling |
Includes any structure that has a roof and is designed to lodge people at night Can be abandoned |
|
|
BATTERY (FL) |
Bodily harm not required Includes any intentional touching or striking without consent. o Felony battery Substantial injury required. o Domestic battery Strangulation. o Aggravated battery Great bodily harm or Use of a weapon or Battery on a pregnant woman. |
|
|
ASSAULT (FL) |
o Threat to commit violence o Apparent ability to do so o Act that creates a reasonable fear of violence o Aggravated assault - use of deadly weapon and no intent to kill or commit a felony. Exception regarding deadly weapons - No aggravated assault if person is merelydisplaying the weapon in a nonthreatening way and they have a concealed permit. |
|
|
STALKING |
CL = Not a crime FL = (1) Misdemeanor stalking - First degree misdemeanor Willfully, maliciously, and repeatedly follows or harasses. (2) Aggravated stalking - Third degree felony All the elements of misdemeanor stalking plus credible threat of death or bodily injury. (3) Cyberstalking - Repeated course of conduct that communicates with a person causing them substantialemotional distress and serves no legitimate purpose Use of electronic communication Punishment is based on the nature of the communication. |
|
|
SEXUAL BATTERY (FL) |
o The offense is not called rape in Florida o The degree of the offense is determined by age and/or the use of a weapon |
|
|
STATUTORY RAPE (FL) |
Consent is not a defense. Three types: (1) Unlawful sexual activity with certain minors - D is 24 years or older and there is sexual activity with a minor 16 or 17 years old. (2) Lewd and lascivious offenses upon or in the presence of minors - Minor must be under 16. Degree of offense depends on age of D. If over 18 andchild is between 12 and 16 years old, it is a second degree felony. (If the child isunder 12 it is a sexual battery, a first degree felony.) (3) Contributing to the delinquency of a child - A child under the age of 16 is impregnated by someone 21 years of age or older. |
|
|
SEXTING |
Crime for minors to possess (unless minor reported it and did not solicit it) or transmit video or photos electronically depicting nudity and that are harmful to a minor. |
|
|
Child pornography distinction from sexting |
It is a crime for any person to possess, control, or intentionally view child pornography. For “sexting” crime, there need not be sexual posing – only nudity isrequired for that crime to be charged. |
|
|
KIDNAPPING (FL) |
o Kidnapping requires more than just the forcible abduction of a person. In Florida, it requiresthe additional intent to: Demand a ransom Commit an additional felony Inflict bodily harm or terrorize OR Interfere with a governmental function. |
|
|
FALSE IMPRISONMENT |
In Florida, a lesser included crime of kidnapping is false imprisonment, which does require forcible abduction but does not require the additional intent. |
|
|
ARSON (FL) |
To convict for arson, the prosecutor must show: That the defendant acted willfully and unlawfully OR during the commission of a felonyand That a dwelling or structure where persons are normally presentis burned. |
|
|
INCHOATE CRIMES |
Crimes that have not ripened (have not been completed): Solicitation Conspiracy Attempt |
|
|
Solicitation |
o Asking someone to commit a crime with intent that the crime will be committed o Can I change my mind and not be charged with solicitation? At common law, no abandonment to solicitation – can’t change your mind. In Florida, you can change your mind. But, there must be something more:• Defendant must convince the person not to commit the crimeand• Defendant must manifest a complete renunciation of his criminalintent. |
|
|
Conspiracy |
CL = An agreement to commit an unlawful act as well as an overt act incommission or in furtherance of the conspiracy No withdrawal defense at common law. FL = Mere agreement to commit a crime is all that is required in FL Same withdrawal defense as in solicitation and attempt – can change your mind in FL. No overt act required. |
|
|
Attempt |
o An attempt is a substantial step towards the commission of a crime that does not result inthe crime being committed.Conduct does not constitute a substantial step if it is in mere preparation. o Only distinction in Florida is that you can change your mind - Renunciation is a defense in Florida. |
|
|
EXCUSABLE HOMICIDE |
• Accidental killing during a lawful act • Accident during heat of passion • Killing during course of combat without the use of a dangerous weapon and person who didthe killing did not do it in a cruel or unusual way |
|
|
SELF DEFENSE (re use of deadly force) (FL) |
Presumed to have reasonable fear to use deadly force if D unlawfully or through force enters dwelling or occupied vehicle OR D tried to remove P from dwelling or vehicle AND the P who used force knew of that act. |
|
|
No presumption of deadly force if: |
D had right to be in dwelling; Child being removed by legal guardian; Law enforcement officer; Person using force is using dwelling or vehicle for unlawful purposes. |
|
|
SELF DEFENSE DUTY TO RETREAT |
o No duty to retreat If force is necessary to prevent death or bodily harm If force is necessary to prevent a “forcible felony” |
|
|
IMMUNITY (FL) |
o Use of deadly force is not just a defense that can be asserted.o Immunity from criminal prosecution or civil actiono Only a defense if the “victim” was a law enforcement officer and the defendant knew orreasonably should have known that. |
|
|
ENTRAPMENT |
Objective approach - only considers actions of police and whether their actions created a substantial risk that crime would occur. Subjective approach (FL) - Looks as actions of police and predisposition of D. Requires government inducement and absence of predisposition. |
|
|
Receiving stolen property |
Receiving stolen property is a statutory crime that requires: (i) receiving control of stolen property, (ii) knowledge that the property is stolen, and (iii) the intent to permanently deprive the owner of the property. The goods must have actually been stolen at the time they are received, and the defendant must believe that they have been stolen. |
