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188 Cards in this Set
- Front
- Back
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Name the four basic categories of criminal defenses.
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Not guilty
Alibi Justification Excuse |
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Describe the defense of "not guilty."
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Defendant can plead not guilty and it goes to trial.
Defendant doesn't have to say anything since he has no burden to prove anything. Defendant can attack the state's case through cross examination (to try to create doubt) |
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Describe the defense of "alibi."
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The defendant says he's not guilty, not only because he didn't do the crime, but he physically could not have because he wasn't anywhere near the crime when it happened.
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Describe the defense of justification.
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Defendant admitted he did the crime, but his actions were justified because he did the right thing.
Self defense is an example. |
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Describe the defense of excuse.
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Insanity is a common excuse defense. Defendant admits to doing the crime and that it was wrong, but he was not mentally stable.
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How are excuse and justification defenses similar; how are they different?
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With both excuse and justification, the defendant admits they did the crime but should be relieved of criminal liability.
Where they difer is that justification is when defendant says he did the right thing. With excuse, defendant says what I did was horrible, but I didn't know what I was doing, I didn't have the mens rea or it wasn't voluntary. |
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True or False: A defendant has some duty to raise evidence if trying to use an affirmative defense.
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True
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What are the four elements of the justification of self defense?
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1. Unprovoked attack, the defender didn't start or provoke the attack.
2. Imminent danger, the defender honestly and reasonably believed the atack was happening "right now" (there was imminent danger) 3. Necessity, the defender honestly and reasonably believes there was a need to use force to defend against the attack. 4. Reasonable force, the defender uses only the amount of force she reasonably believes is necesssary to repel the attack. |
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Name the four basic categories of criminal defenses.
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Not guilty
Alibi Justification Excuse |
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Describe the defense of "not guilty."
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Defendant can plead not guilty and it goes to trial.
Defendant doesn't have to say anything since he has no burden to prove anything. Defendant can attack the state's case through cross examination (to try to create doubt) |
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Describe the defense of "alibi."
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The defendant says he's not guilty, not only because he didn't do the crime, but he physically could not have because he wasn't anywhere near the crime when it happened.
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Describe the defense of justification.
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Defendant admitted he did the crime, but his actions were justified because he did the right thing.
Self defense is an example. |
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Describe the defense of excuse.
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Insanity is a common excuse defense. Defendant admits to doing the crime and that it was wrong, but he was not mentally stable.
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Explain the withdrawal exception as it pertains to the initial aggressor in self defense justifications.
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Self defense is available only against unprovoked attacks, however according to the withdrawal exception, if attackers completely withdraw from attacks they provoke, they can defend themselves against an attack by their intiial victims. If the initial aggressor withdraws, he has a right to defend himself.
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Briefly describe the "stand your ground rule."
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If you didn't start the right, you can stand your ground and kill. But you must believe there is a reasonable threat of danger or bodily harm.
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Briefly describe the "retreat rule."
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You have to retreat but only if you reasonably believe that backing off won't unreasonably put you in danger of death or serious bodily harm.
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Are you required to retreat from your own home?
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No. According to the castle doctrine, (an exception to the retreat rule) when you are attacked in your home, you can stand your ground and use deadly force ot fend off an unprovoked attack but only if you reasonably believe the attack threatens death or serious bodily injury.
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Can you kill someone just because they are on your property?
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No. Can't juist shoot someone just for the reason they are on your property, or even in your home. You can only shoot if you are in danger or there is a reasonable risk of serious injury.
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In People v. Goetz (subway begger case), what did the New York final court of appeals say? Was his shooting really in self defense?
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The final court of appeals ruled that the charges previously dropped against Goetz must be reinstated and that his shooting was not in self defense. The lower courts used a "reasonable man" test which is objective, but should have used a "he reasonably believes" testwhich is subjective.
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The choice of evils defense is also known as what?
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General principle of necessity.
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In using the choice of evils test, what must be proven?
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That the defendant made the right choice, the only choice namely the encessity of choosing now to do a lesser evil to avoid a greater evil.
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Name the 5 "right" choices int he Model Penal Code choice of evils defense.
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1. Destroying property to prevent spreading fire.
2. Violating a speed limit to det a dying person to a hospital. 3. Throwing cargo overboard to save a sinking vessel in its crew. 4. Dispensing drugs without a prescription in an emergency. 5. Breaking into and entering a mountain cabin to avoid freezing to death. |
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True or False: If a defendant successfully uses the choice of evils defense, they are always acquitted.
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False. Sometimes the defendant is acquitted or it can be a mitigating circumstance that lessens the punishment.
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What type of force can be used to prevent a defendant from taking your property?
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Reasonable force. Cannot use deadly force to defend property. Can only use deadly force to defend a person within property house who is in imminent danger. The idea behind this is that life (even the life of a crook) trumps property.
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If a defendant is going to defend property it has to be what? (three things)
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1. Imminent
2. Honest and reasonable belief it needs defending. 3. Only reasonable force is used. |
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True or False: someone who is forced to kill someone else at gun point can use the defense of necessity because he had to shoot the other person to save his own life?
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False. When weighing life v. life, no one life is greater than someone elses. What makes the defendant's life more important?
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True or False: Consent can be used as a defense to statutory rape or child molestation?
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False. A child lacks the capacity to give consent, therefore it cannot be legally given.
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True or False: Consent can always be used as a defense between consenting adults?
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False. Consent can be used for most crimes (like a consentual boxing match) except consenting to be killed. Some states do not allow consent to any sort of serious bodily injury like having your arm broke.
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Name the four eceptions that allow the defense of consent as a justification.
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1. No serious njury resulted from the consensual crime.
2. The injury happens during a sporting event. 3. The conduct benefits the consenting person, like a doctor performing surgery. 4. The consent is to sexual conduct (and between adults) |
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To use the justification of consent, three things have to be proven. Name the three.
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1. The consent was voluntary.
2. The consent was knowing (the person consenting understood). 3. The person consenting has the authoirty to give consent (it was authorized). |
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Self defense is only justifiable under three circumstances, when its reasonable to believe:
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1. The necessity is great.
2. Its imminent (right now). 3. Its for prevention only. |
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The law of self-defense boils down into four elements:
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1. Unprovoked attack.
2. Imminent Danger. 3. Neceessity. 4. Reasonable force (only reasonable force is used. |
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True or False: The retreat rule says that people have to retreat only if they honestly and reasonably believe that backing off won't unreasonably put them in danger of death or serious harm, with one exception, when they are attacked at home.
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True. And the one exception is the "castle doctrine."
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When can someone defend another person?
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The other person is under an unprovoked attack, imminent danger, it is necessary for them to be defended, and only reasonable force is used. They have the right to defend themselves before someone else can claim the defense.
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Name the three types of insanity defenses discussed in class.
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1. Right-Wrong Test
2. Volitional incapacity (irresistible impulse) test. 3. Substantial capacity test. |
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True or False: Mental disease is legal insanity only when the disese affects a person's reason and/or will. Insanity excuses criminal liability only when it seriously damages the person's capacity to act and/or reason and understand.
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True
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The right/wrong tests asks
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Could the defendant tell right from wrong? If the defendant knew what he was doing, but did not comprehend that it was wrong, then he failed the right/wrong test. As long as you know what your doing is wrong, your not insane (even if you have a mental disease that keeps you from being abl to resist doing the crime).
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Name the two elements of the right/wrong test.
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1. The defendant had a mental disease or defect at the time of the crime; and
2. The disease or defect cause the defendant not to know either: a. the nature and the quality of his actions, or b. that what he was doing was wrong. |
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True or False: According to the irresistible impulse test, we can't blame or deter people who because of a mental disease or defect lose their self-control and can't bring their actions into line with what the law requires.
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True.
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The "irresistible impulse test" tests whether:
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The will is so impaired that it makes it imossible for the person to control the impulse to do wrong.
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The right-wrong test is used in insanity defense to determine:
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The defendant's capacity to either know right from wrong or to know the act is against the law.
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The irresistible impuls test is also known as what?
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Volitional incapacity. Volitional means willpower.
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The substantial capacity tests asks:
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Did the defendant have the willpower to resist? and
Do they lack substantial capacity? |
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In order for a defendant to utilize the insanity defense, under the substantial capacity test, he must prove:
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He lacked substantial (not complete) capacity and he was somewhat unable to resist (as opposed to being totaly unable to resist).
So this test is the middle ground between irresistible impulse and right-wrong tests. |
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The most recent trend in insanity defenses is a return to:
a) the right wrong test b) an increase in the irresistible impulse test c) a decline in the right-wrong test? |
A. Return to the right-wrong test.
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Which insanity test is the toughest to prove?
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The right-wrong test is the toughest defense for the defendant to meet because he could suffer from a mental disease that allows him to know right from wrong and then you he does not meet the burden of proof for insanity.
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Who has to prove the defendant is sane or insane?
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The defendant has to raise that defense and offer some evidence to prove they are insane. The state then has to disprove that they were insane (prove the defendant is sane).
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True or False: Diminished capacity is an affirmative defense.
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False. It does not excuse criminal conduct. Its a failure of proof defense. Meaning, it proves the defendant is incapable of the requisite intent of the crime charged, so he is innocent of that crime but may well be guilty of a lesser one.
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What is the difference between diminished capacity and diminished responsibility?
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In diminished responsibility, the defendant argues what he did was wrong, but under the circumstances he is less responsible. Diminished capacity means the defendant couldn't form the intent of the crime charged, so he is innocent of that crime but may be guilty of a lesser crime.
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Name the seven criteria to look at when deciding whether a juvenile should be waived to adult court.
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1. The seriousness of the offense.
2. Whether the offense was committed in an aggressive, violent, premeditated, willful manner. 3. Whether the offense was against a person. 4. The amount of evidence against the juvenile. 5. The sophistication and maturity of the juvenile. 6. The prior record of the juvenile. 7. The threat the juvenile poses to public safety. |
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Name the four elements in the excuse defense of duress
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1. Threats amounting to duress. (Death or serious bodily injury).
2. Immediacy of the threats (instant or imminent harm). 3. Crimes the defense applies to (duress isn't always a defense to murder, some other states allow duress for all crimes). 4. Degree of belief regarding the threat (there must be reasonable belief the threat is real). |
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True or False: Voluntary Intoxication is a defense.
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False, but involuntary intoxication may be used an excuse defense.
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True or False: the defense of involuntary intoxication only applies to alcohol.
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False, it can apply to alcohol or drugs or anything that alters one's state of mind.
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Why is involuntary intoxication an excuse?
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Because a defendant who is intoxicated, and it was involuntary, should not be held responsible, further the defendant lacks the required mental state or mens rea to commit the crime.
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If a defendant uses the excuse defense of entrapment, does he or she have to show any evidence or prove they were entrapped?
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Yes. Defendants have to show some evidence they were entrapped, so then the burden shifts to the prosecution to prove defendants were not entrapped.
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Under the excuse of entrapment subjective test of entrapment, the defense has to prove two prongs. What are the two prongs?
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1. The defendant is predisposed to commit the crime (proven by prior convictions, willingness to commit similar offenses, criminal expertise, readingess to commit the crime.
2. The government pressured the defendants to commit crimes they wouldn't have committed without pressure. |
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The entrapment subjective test of entrapment asks what?
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Where did the criminal intent originate? If it originated with the defendant, then the government didn't entrap the defendant. If it originated with the government, then the government entrapped the defendant.
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What type of defense is entrapment?
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Excuse
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What type of defense is duress?
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Excuse
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What type of defense is intoxication?
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Excuse
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Briefly explain the excuse defense of syndromes.
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If the defendant is suffering from a mental disturbance or condition (like battered women's syndrome, or post traumatic stress disorder) the defendant may be able to use the excuse of syndrome because the defendant could nto form the property mens rea.
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True or False: A defendance could medically be insane, but not criminally insane (which would excuse criminal liability).
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True. In order for an insane person to be excused criminally, their insanity has to seriously damage the person's capacity to act and to understand (not be able to form the mens rea).
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True or False: Under the volitional incapacity test (irresistible impulse test) a defendant can know what htey are doing and know it is wrong, but still be found not guilty by reason of insanity if they suffer from a mental disease that damages their willpower.
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True.
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In insanity excuse defenses, who has the burden of proof?
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The defendant has to raise the defense, and then prove they were insane by clear and convicincing evidence (a lower standard than burden of proof).
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Diminished capacity and diminished responsibility only apply to _____ crimes.
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Homicide.
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True or False: Entrapment violates a basic purpose of government in free societies.
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True
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Compare Murder and Manslaughter.
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Murder is killing a person WITH malice afterthought.
Manslaughter is killing a person WITHOUT malice afterthought. |
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Name the two defenses of homicide.
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Justifiable homicide (capital punishment and law enorcement use of deadly force) and excusable homicide (killer was not of sound memory and discretion he was insane or immature).
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Name and explain the five elements of common law murder.
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1. Actus reus - voluntary act of killing another person.
2. Mens rea - purposely or knowingly or extremely recklessly. 3. Circumstance - aggravating circumstances from first-degree murder statute. 4. Causation - factual cause and legal cause. 5. Bad result - death. |
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Name the three degrees of murder.
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1. First degree - premeditated.
2. Second degree - not premedited (vehicular manslaughter, etc.) 3. Felony murder - accidental murder while committing other serious crimes (armed robbery, gun goes off). |
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True or False: Someone who has a duty to act but does not and the victim dies can be charged with murder.
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True. The example given in the text is a husband who stands by an watches his blind wife whom he hates walk off the edge of a cliff.
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What three things qualify for the murder mens rea?
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Purposely, knowingly, or recklessly.
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What is the actus reus of murder?
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Voluntary act of killing another person.
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True or False: States cannot impose the death penalty unless they find one of the aggravated circumstances and finds that there are no mitigating circumstances sufficiently substantial to call for leniency.
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True
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What kind of defense is self defense?
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Justification.
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Which retreat rule is the majority rule?
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The stand your ground rule. If you didn't start the fight you can stand your ground. You only need to retreat if doing so would not put you in harm. This is similar to the defense of your home.
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Name the 8 aggravating circumstances of murder. (first four)
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1. Murder was committed by a convict under sentence of imprisonment.
2. Defendant was previously convicted of murder or a felony involving use of threat or violence. 3. At the same time the murder was committed, the defendant committed another murder. 4. The defendant knowingly created a great risk of death to many persons. |
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Name the 8 aggravating circumstances of murder. (last four)
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5. The murder was committed while the defendant was engaged or was an accomplice to or attempting to commit another serious felony (robbery, rape, etc.) by force r threat of force).
6. The murder was committed for the purpose of avoiding or preventing a lawful arrest or effecting an excape from lawful custody. 7. The murder was committed for pecuniary (financial) gain. 8. The murder was especially heinous, atrocius, or cruel, manifesting exceptional depravity. |
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Name the 8 mitigating factors of murder (first four).
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1. Defendant has no significant history of criminal activity.
2. Murder was committed while the defendant was under the influence of extreme mental or emotional disturbance. 3. Victim was a participant in the defendant's homicidal conduct or consented to the act. 4. Murder was committed under circumstances the defendant believed to provide a moral justification. |
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Name the 8 mitigating factors of murder (last four).
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5. The defendant was an accomplice in a murder committed by another person and his particpation was minor.
6. Defendant acted under duress or domination of another person. 7. At the time of the murder, the capacity of the defendant to appreciate the criminality (wrongfulness) of the conduct or to conform his onduct was impaired as a result of mental disease defect or intoxication. 8. Defendant was a young age at the time of the crime. |
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In Indiana, when determining whether or not a defendant can be charged with feticide, what question is asked?
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Could the fetus have lived outside the womb on its own?
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Second degree murders are:
a) intentional murders b) unintentional murders c) both d) neither |
B. Unintentional Murders
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True or False: With voluntary manslaughter, a mitigating factor would be if the murder was during a sudden heat of passion.
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True
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With voluntary manslaughter, the suddent heat of passion triggers _______ which triggers the ________.
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Intent/knowing (mens rea)
The killing (actus reus) |
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How can the defender of an attack become the defendant?
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If the defender of an attack is more aggressive or asserts more force than is necessary or he did not have adequate provocation, he can become the defendant.
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What are the five elements of felony murder?
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1. Actus reus - voluntary act of killing.
2. Mens rea - intent to commit a qualifying felony. 3. Circumstance - qualifying felony 4. Causation - factual cause and legal cause 5. Bad result - death |
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_____ is applied when there is no discernible terrorist activity. This only demands a routine security posture.
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FPCON NORMAL
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True or False: Felony murder doesn't require the intent either to kill or inflict serious bodily harm.
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True. The intent to commit the underlying felony substitutes for the intent to kill.
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What two elemens have to be proved to show defendant was adequately provoked? (adequate provocation)
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Provoked and reasonable.
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Voluntary manslaughter, by definition is:
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An intnetional killing committed int he sudden heat of passion upon adequate provocation.
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What is the one element presnet in voluntary manslaughter that is not present in murder?
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Adequate provocation
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Explain how adequate provocation has to be both objective and subjective.
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Objective: the provocation has to be reasonable.
Subjective: the defendant herself must be provoked. |
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Name the 5 elements of voluntary manslaughter.
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1. Actus reus - voluntary act of killing another person.
2. Mens Rea - intent to kill OR inflict serious bodily harm. 3. Circumstance - killing in suddent heat of passion AND adequate provocation OR honest (but not unreasonable) belief that the killing was in self-defense. 4. Causation - factual cause and legal cause. 5. Bad result - death. |
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Factual cause is:
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"But for" the defendants actions, the harm would not have occured. It is conduct that in fact leads to a harmful result.
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Legal cause is:
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Whether its fair and just to blame the defendant for the result; cause rcognized by law to impose criminal liability.
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Is jealous enough to show adequate provocation?
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No
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Name four types of "reasonable provocations" in voluntary manslaughter.
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1. Mutual combat (serious fights).
2. Assault and battery. 3. Trespass. 4. Adultery |
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How is the "cooling off" period tested?
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The courts apply an "objective test of cooling off time" which asks, would a reasonable person under the same circumstances have had time to cool off?
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In Indiana, voluntary manslaughter can be enhanced to class A murder if ___________.
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If a deadly weapon was used.
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What is the paramour rule?
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According to the paramour rule, a spouse who catches the other spouse in the act of adultery has adequate provocation to kill. So rather than being charged with murder, they are charged with voluntary manslaughter.
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Involuntary manslaughter is a "catchall" for what?
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Deaths that occur unintentionally but recklessly.
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encender
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to incite, to inflame, to kindle, to light
inciter |
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Give a few examples of involuntary manslaughter.
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1. DUI causing death
2. Driving 100 mph on busy street (reckless). 3. Recklessly chopping wood and swinging near someone, no intention to hit anyone but you knew they were back there. |
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The _______ Act provides that an individual who has suffered irreversible cessation of all brain functions, including those of the brain stem, is dead.
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Uniform Brain Act
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Common law and modern criminal codes recognize two kinds of homicide:
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Murder
Manslaughter |
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____ malice aforethought are killings that fit the original meaning of murder, intentional killings planned in advanced.
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Express
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____ malice aforethought refers to four additional kinds of murder:
1. Intentional killings w/out premeditation or reasonable provocation. 2. Unintentional killings during the commission of felonies. 3. Depraved heart killings. 4. Intent to inflict grievous bodily harm killings. |
Implied
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Name the two types of first-degree murders.
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Premeditated, deliberate, intent to kill murders.
Felony murders (if aggriavting factors are present, otherwise they are second degree). |
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elony murder laws have three rationales:
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Deter offenders, reduce violence, punish wrongdoers.
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Manslaughter is the unlawful filling of another, which may be either:
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A. voluntary upon a suddent heat; or
B. Involuntary where one had no intent to doanother any personal harm. |
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To prove voluntary manslaughter, the prosecution has to prove two things:
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That the provocation CAUSED the passion AND the killing.
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Name the two kinds of involuntary manslaughter:
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1. Criminal negligence manslaughter
2. Unlawful act manslaughter |
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One of the two kinds of involuntary manslaughter, "criminal negligence manslaughter" consists of two elements:
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1. Actus reus - the defendants actions create a high risk of death or serious bodily injury.
2. Mens rea - despite the name, the mens rea is RECKLESSNESS, the defendant was aware of the risk of death or serious bodily injury but committed the acts anyway. |
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The other type of involuntary manslaughter is known as "unlawful act manslaughter" which occurs:
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During the commission of unlawful acts (like speeding and drunk driving).
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Name and briefly describe the two types of rape:
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1. Aggravated rape - rape by strangers or men with weapons who physically injure their victims.
2. Unarmed acquaintance rape - nonconsensual sex between dates, lovers, neighbors, etc. |
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Rape shield statutes prohibit:
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Introducing evidence of victims' past sexual conduct.
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Define first degree rape:
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Sexual penetration plus one of the following:
1. Defendant must have been armed with a weapon. 2. Force or coercion was used, and the defendant was aided by another person. 3. Force or coercion was used, and personal injury to the victim was caused. |
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Define second degree rape:
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Sexual contact (intentional touching of the victim's intimate parts).
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Define third degree rape:
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Sexual penetration accomplished by force or coercion.
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Define third degree rape:
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Sexual penetration accomplished by force or coercion.
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Define fourth degree rape:
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Sexual contact accomplished by force or coercion.
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List the three elements of rape.
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1. Actus reus - sexual penetration BY force or threat of force.
2. Mens rea - intent to sexually penetrate. 3. Circumstance - victim nonconsent. |
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Today, to prove rape, it must be shown (with regard to resistence)
a) The victim exerted the utmost resistance. b) The victim exerted reasonable resistance. c) the victim no longer has to prove she resisted, only that the attacker used force. |
C.
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In Indiana, Rape is a Class B felony, but it can be enhanced to a Class A felony if some of these aggrivating factors are present:
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1. Using or threatening to use deadly force or committed with a deadly weapon.
2. The defendant caused physical bodily injury. 3. Defendant has given drugs to the victim without the victim's knowledge. |
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The actual threat of force for rape isn't required to satisfy the force requriement. The prosecutor has to prove the victim experienced two kinds of fear:
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1. Subjective fear - the victim honestly feared imminent serious bodily harm.
2. Objective fear -t he fear was reasonable under the circumstances. |
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Statutory Rape:
a) can be consented to b) is forceful c) is not forceful d) occurs between an adult over 18 and a minor. e) c and d |
C and D. Statutory rape is not forceful and it occurs between an adult and a minor. A minor cannot give consent.
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In Indiana, child molestation occurs between a child who is under ____ years of age, performs or submits to sexual intercourse commits a Class B. Felony
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14 years
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in Indiana, rape can be a Class A felony if the defendant has sex with someone under 14 and the defendant is ____ years of age.
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21. The idea is that someone who is 21 is more culpable than someone who is only 18.
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In order to be charged with attempted battery, a defendant must have been three things:
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1. Defendant took a substantial step towards an offensive touching.
2. There is an intent to make contact, but no contact is made. 3. It has to be in a rude, insolent or angry manner, the intent is to be offensive. |
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attempted battery is also known as:
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Assault
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The different between assault and battery is:
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Battery is an unwanted and unjustified offensive touching.
Assault is either an attempted or threatened battery. |
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Name the five elements of battery:
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1. Actus reus - unlawful touching.
2. Mens rea - purposeful, reckless, or negligent unlawful touching. 3. Circumstance - without th evictim's consent. 4. Causation - factual and legal cause 5. Bad result - some bodily injury. |
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With assault, the threat of harm must be:
a) conditional (i'd punch you if you weren't a kid). b) assumed c) immediate |
C. Immediate.
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True or False: In attempted battery assault the victim must be aware of the attempted assault or threatened assault.
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False. Only in threatened battery asault does the victim need to be aware.
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What must accompany words in order to prove assault?
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Threatening gestures.
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Name the five elements of assault.
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1. tus reus - attempted assault with substantial steps toward completing a battery OR threatened battery voluntary acts that frighten victims.
2. Mens rea - attempted battery (intent to commit battery) OR threatened battery (intent to frighten victim). 3. Circumstance (if required by statute) 4. Causation - factual and lega 5. Bad Result - defendant's acts cause fear in victim (threatened battery). |
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Name the three elements of kidnapping.
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1. Actus reus - seizing AND carrying away the victim.
2. Mens rea - specific intent to confine OR significantly restrain OR hold victims in secret. 3. Circumstance (if required by statute). |
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A low culpability, less serious crime of kidnapping is called:
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Criminal confinement.
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If another crime has been committed during criminal confinement, the defendant is charged with wha?
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Criminal confinement, plus the other crime.
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True or False: In order for the crime of rape to be charged, the victim must have physical injuries such as minor cuts and bruises.
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False. The victim does not have to suffer other physical injury.
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True or False: Actual use of force is not required to satisfy the force requirement, the threat of force is enough.
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True.
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Name the three elements of theft.
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1. Actus reus - taking and carrying away or converting or swindling.
2. Mens rea - purposely, knowngly, or intentionally. 3. Circumstance - taking someone else's property. |
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Name the three elements of receiving stolen property.
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1. Actus reus - receiving control.
2. Mens rea - intending to keep permanently AND receiving property known to be stolen OR receiving property honestly believed to be stolen OR recklessly believing property to be stolen OR negligently believing property to be stolen. 3. Circumstance - receiving else's property. |
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In receiving stolen property crimes, who gets charged with the crime?
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The receivor of the property and also sometimes the theif who originally stole the property.
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Name some ways of proving someone received stolen property (and knew it)
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1) No title
2) Unbelievably cheap price 3) VIN# scraped off, looks odd. 4) Conduct (trying to hide the item). 5) Proximity to the time of the initial theft (more time going by seems less likely the possessor knew the item was stolen). 6) Anything that can convince a jury beyond a reasonable doubt that the buyer knew it was stolen. It may be a combination of things. |
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An aspect of mens rea of receiving stolen property is that receivers have to intend:
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To keep the property permanently.
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Explain the difference between robbery and burglary.
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Robbery involves the presence of another person by using force or putting someone in fear. With burglary, no one is around, the defendant is not putting anyone in fear or hurting them.
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Identify the three elements of robbery.
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1. Actus reus - taking property by force OR taking property by threat of force.
2. Mens rea - intent to keep property permanently AND intent or threat to use immediate force. 3. Circumstance - someone else's property AND taking property from another's person. |
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What makes extortion different than robbery?
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The circumstance of time. Robbery is hurting or threatenin to hurt RIGHT NOW. Extortion is a threat ot hurt someone LATER if they don't have over the property.
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Name the two elements of extortion:
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1. Mens Rea - specific intent to take someone else's property by means of a variety of threats.
2. Actus reus - a wide range fo specific threats by which the taking of the property is accomplished. |
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Name the five elements of arson.
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1. Actus reus - burning byfire or explosion.
2. Mens rea - intent to start a fire (doesn't have to be total destruction. 3. Circumstance - burning a building 4. Causation - factual and legal cause 5. Bad result - damage or destroy property. |
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The damage caused by arson must be:
a) a complete leveling of the building by fire. b) a 50% total loss c) the fire must touch the structure it was meant to burn. d) only a slight burning from the start of a fire (perhaps only damage was smoke and soot on a wall). |
D.
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True or False: Blowing up a building is considered arson even if no fire was ever set.
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True.
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Identify and briefly explain the two degrees of arson:
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1. First degree arson - burning homes or other occupied structures.
2. Second degree arson - burning unoccupied structures, vehicles, and boats. |
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True or False: If you do not owe anything on your home and do not claim insurance, you can burn YOUR OWN house down without being charged with arson.
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True.
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What must be proven to charge attempted arson?
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That the defendant took substantial steps toward the commission of the arson, but failed. Ex. Tried to light the fuse to a stick of dynamite, runs away and takes cover but the fuse blew out.
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A form of vandalism, damage to property is known as:
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Criminal mischief
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Name the five elements of criminal mischief:
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1. Actus reus - destroying, tampering, or threatening.
2. Mens rea - purposely, knowingly, recklessly, or negligently. 3. Circumstance - damage to property. 4. Causation - factual and legal cause 5. Damage to property. |
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Name the three elements of burglary.
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1. Actus reus - breaking and entering, or entering, or remaining.
2. Mens rea - intent to commit the act AND intent to commit a crime once inside the structure. 3. Circumstance - occupied structure and nightime (in some states). |
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True or False: You can burglarize your own home.
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False. Its only burglary if its entering property belonging to another.
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In modern day law, in order to satisfy the "breaking" element, what must happen?
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Nothing has to be physically broken, rather the imagineary line even in open doors and windows need to be crossed (also called breaking the plane between inside and outside).
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In Indana, burglary is a class C felony, what are some enhancers?
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Someone is physically harmed, the amount or the value of what is taken, whether the property is a home or a business, whether the burglary was at night or at day.
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_______ is a broader and less serious crime than burglary because it is not limited to invasions of occupied building and the trespasser doesn't have to intend to commit a crime in addition to the trespass.
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Criminal trespass
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Name the three elements of criminal trespass:
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1. Actus reus - unauthorized entering OR unauthorized remaining.
2. Mens rea - knowingly, or specific intent, or strict liability. 3. Circumstance - someone else's property. |
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In order for a defendant to be trespassing, what must happen?
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The defendant is told they cannot come on the property (either verbally or by a sign) and the defendant goes on the property.
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True or False: Until a person is told by a sign or by a person they cannot enter, they have not commited trespass.
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True.
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In order to justifiably use self-defense (and not wait for the government to intervene) three elements of necessity must be present, name the three.
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1. The necessity is great.
2. It exists "right now." 3. Its for prevention only. |
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What are preemptive strikes?
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When a defendant uses force to prevent an attack that's going to take place in the future (tomorrow or the next day). This is not allowed.
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The law of self-defense says four elements must be present:
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1. Unprovoked attack.
2. Imminent danger. 3. Necessity. 4. Reasonable force. |
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What type of defense is self-defense.
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Justification.
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In most states is a citizen allowed to use deadly force against another person if they reasonably believe thtat deadly force is necessary to prevet or to terminate another person's unlawful entry into their home?
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Yes, but they have to feel threatened (castle doctrine).
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Under the retreat rule, if you can retreat and doing so does not threaten or danger you, then you must:
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Retreat
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The majority rule is:
a) the retreat rule b) the stand your ground rule c) castle doctrine |
B.
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Do you have to flee your home?
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No (the castle doctrine).
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If you reasonably believe you are in danger of serious bodily injury when someone unlawfully enters your home, may you use deadly force?
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Yes.
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Is involuntary intxoication a defense? If it is, what type of defense is it?
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Yes, its an excuse defense.
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Does the actus reus of rape require:
a) full penetration b) some force beyond that to effect penetration c) neither a or b |
B. some force beyond that to effect penetration.
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The crime of arson focuses on:
a) intruding into a house b) trespassing on property c) damage or destruction to houses d) just destruction of apartment buildings. |
C. Damage or destruction to houses.
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What is the actus reus in arson.
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Actual burning, however slight.
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According to the defense of duress (an excuse defense) most states requrie a threat of:
a) instant death b) immediate death or serious bodily injury c) a harm to reputation d) none of the above |
B. Immediate death or serious bodily injury.
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Is voluntary intoxication a defense?
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No
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What type of defense is entrapment?
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Excuse
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What type of defense is insanity?
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Excuse
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What type of defense is involuntary intoxication?
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Excuse
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What type of defense s diminished capacity?
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Excuse
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What type of defense is self defense, defense of others, and defense of property?
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Justification
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What type of defense is the necessity/choice of evils defense?
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Justification
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What type of defense is consent?
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Justification
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