More More Crim Law

Front 1

Self Defense

Back 1

person is a victim using force against aggression; force used must be reasonably necessary under circumstances; can make a reasonable mistake

Front 2

Self Defense - Aggressor Rule

Back 2

No self defense bc they're NOT victims; BUT Disengagement- when aggressor is no longer aggresor - beat someone up, then walk away, 2 blocks later - victim goes after him - allowed to defend himself.

Front 3

Amount of Force Allowed For Self Defense

Back 3

reasonably necessary; shove for shove; deady force cannot be used to escalate it

Front 4

Defense of Others

Back 4

same as self defense; mistake is ok if reasonable

Front 5

Defense of Property

Back 5

Can use force to protect yourself, other, property.
Deadly Force: NOT allowed just to protect ppty unless in home - then property others

Front 6

The Fleeing Felon: 3 elements required for cop to shoot to kill

Back 6

1) PC to believe perp committed crime
2) It was reasonably necessary to use deadly force to prevent the escape
3) must show this partic person posed a signif risk of harm to others.

Front 7

Entrapment - underlying rationale

Back 7

govt persuaded someone to commit a crime that she would not have otherwise, so shouldn't be prosecuted

Front 8

Entrapment - what govt must show:

Back 8

D was predisposed to commit the crime prior to govt contact - beyond a reasonable doubt

Front 9

Battery

Back 9

D inflicts unwarranted touching vs. another - no physical harm necessary

Front 10

Assault - 2 different crimes

Back 10

1) Attempted Battery
2) "Tort" of assault - must have reasonable apprehension of fear

Front 11

Definition of Homicide

Back 11

Unlawful killing of human being by a human being

Front 12

Murder

Back 12

NOT a specific intent crime; with malice aforethought

Front 13

Manslaughter

Back 13

NO malice; involuntary (gross negligence) and voluntary (adequate provocation)

Front 14

Proving Malice - 4 elements

Back 14

1) Intent to Kill
2) Intent to inflict great bodily harm (use of deadly weapon - inherently dangerous)
3) Implied malice - grossly reckless behavior
4) Felony murder

Front 15

Felony Murder

Back 15

Killing during the course of a violent felony; all foreseeable deaths - felony must be proven!

Front 16

Heat of passion "Defense"

Back 16

NOT a defense- reduces crime from murder to manslaughter
1. Suddenness
2. Passion
3. Legally adequate provocation

Front 17

Voluntary Manslaughter

Back 17

heat of passion killing - reduces it from murder; requires adequate provocation

Front 18

Involuntary Manslaughter

Back 18

Lawful Acts - recklessness - manner
Unlawful Acts - not a felony but someone dies

Front 19

Second Degree Murder

Back 19

Common law murder equivalent, majority of killings

Front 20

First Degree Murder

Back 20

proving deliberate, premeditated murder - calculated, cold-blooded, SPECIFIC INTENT - so can offer evidence of volunt intox to reduce it to 2nd degree!

Front 21

"Actual Cause" defined

Back 21

Shortening someone's life

Front 22

Proximate Cause

Back 22

Rule: foreseeability Test - for consequences of their acts; intervening acts - foreseeability remains key

Front 23

Kidnapping

Back 23

some movement of the victim against her will; requires Movement (any movement) - concealment NOT necessary (i.e. public place)

Front 24

Rape - Definition

Back 24

intercourse (any penetration whatsoever) by force or threat of force with no consent of victim

Front 25

Statutory Rape - Definition

Back 25

sexual contact - not necessarily intercourse, by adult with minor, *consent irrelev and so is mistake!

Front 26

Larceny

Back 26

crime vs. possession and title never passes - taking, carrying away by trespass with intent to permanently deprive owner of personal property.

Front 27

Embezzlement

Back 27

committed by someone in possession and title does not pass - you have the goods and you have authority to have it

Front 28

False pretenses

Back 28

title DOES pass - obtaining title to the property of another by an intentional (or knowing) false stmt of past or existing fact with intent to defraud the other (regardless of whether item is counterfeit)

Front 29

Larceny by Trick

Back 29

victim intends ONLY to convey possession of the ppty to D (by misrepresentation) vs. false pretenses- convey title

Front 30

Forgery

Back 30

the mkaing of a false writing or altering of an existing writing w/intent to defraud - anything with apparent legal significance

Front 31

Uttering

Back 31

Offering as genuine an instrument that may be the subject of forgery and is false, with intent to defraud

Front 32

Receiving Stolen Property - 4 elements

Back 32

1) Receiving
2) Personal ppty
3) Knowledge goods are stolen
4) Intent to permanently deprive

Front 33

Robbery

Back 33

crime vs. the PERSON: taking personal ppty with intent to permanently deprive owner from another's presence by force or threat of force (intimidation)

Front 34

Burglary - Common Law

Back 34

breaking and entering of someone else's dwelling at night with intent to commit felony. SPECIFIC INTENT

Front 35

Burglary - Modern Rule

Back 35

doesn't have to be a dwelling or at night

Front 36

Arson

Back 36

burning w/malice of a dwelling; NOT specific intent - requires actual burning (scorching) - fiber of structure must be burned - if not, attempted arson.