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36 Cards in this Set

  • Front
  • Back
Self Defense
person is a victim using force against aggression; force used must be reasonably necessary under circumstances; can make a reasonable mistake
Self Defense - Aggressor Rule
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.
Amount of Force Allowed For Self Defense
reasonably necessary; shove for shove; deady force cannot be used to escalate it
Defense of Others
same as self defense; mistake is ok if reasonable
Defense of Property
Can use force to protect yourself, other, property.
Deadly Force: NOT allowed just to protect ppty unless in home - then property others
The Fleeing Felon: 3 elements required for cop to shoot to kill
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.
Entrapment - underlying rationale
govt persuaded someone to commit a crime that she would not have otherwise, so shouldn't be prosecuted
Entrapment - what govt must show:
D was predisposed to commit the crime prior to govt contact - beyond a reasonable doubt
D inflicts unwarranted touching vs. another - no physical harm necessary
Assault - 2 different crimes
1) Attempted Battery
2) "Tort" of assault - must have reasonable apprehension of fear
Definition of Homicide
Unlawful killing of human being by a human being
NOT a specific intent crime; with malice aforethought
NO malice; involuntary (gross negligence) and voluntary (adequate provocation)
Proving Malice - 4 elements
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
Felony Murder
Killing during the course of a violent felony; all foreseeable deaths - felony must be proven!
Heat of passion "Defense"
NOT a defense- reduces crime from murder to manslaughter
1. Suddenness
2. Passion
3. Legally adequate provocation
Voluntary Manslaughter
heat of passion killing - reduces it from murder; requires adequate provocation
Involuntary Manslaughter
Lawful Acts - recklessness - manner
Unlawful Acts - not a felony but someone dies
Second Degree Murder
Common law murder equivalent, majority of killings
First Degree Murder
proving deliberate, premeditated murder - calculated, cold-blooded, SPECIFIC INTENT - so can offer evidence of volunt intox to reduce it to 2nd degree!
"Actual Cause" defined
Shortening someone's life
Proximate Cause
Rule: foreseeability Test - for consequences of their acts; intervening acts - foreseeability remains key
some movement of the victim against her will; requires Movement (any movement) - concealment NOT necessary (i.e. public place)
Rape - Definition
intercourse (any penetration whatsoever) by force or threat of force with no consent of victim
Statutory Rape - Definition
sexual contact - not necessarily intercourse, by adult with minor, *consent irrelev and so is mistake!
crime vs. possession and title never passes - taking, carrying away by trespass with intent to permanently deprive owner of personal property.
committed by someone in possession and title does not pass - you have the goods and you have authority to have it
False pretenses
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)
Larceny by Trick
victim intends ONLY to convey possession of the ppty to D (by misrepresentation) vs. false pretenses- convey title
the mkaing of a false writing or altering of an existing writing w/intent to defraud - anything with apparent legal significance
Offering as genuine an instrument that may be the subject of forgery and is false, with intent to defraud
Receiving Stolen Property - 4 elements
1) Receiving
2) Personal ppty
3) Knowledge goods are stolen
4) Intent to permanently deprive
crime vs. the PERSON: taking personal ppty with intent to permanently deprive owner from another's presence by force or threat of force (intimidation)
Burglary - Common Law
breaking and entering of someone else's dwelling at night with intent to commit felony. SPECIFIC INTENT
Burglary - Modern Rule
doesn't have to be a dwelling or at night
burning w/malice of a dwelling; NOT specific intent - requires actual burning (scorching) - fiber of structure must be burned - if not, attempted arson.