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53 Cards in this Set
- Front
- Back
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Specific Intent |
D actively desired the prescribed criminal consequences to follow his act or failure to act. |
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Specific Intent Crimes |
M1, M2, any attempt, burglary, conspiracy, accessory, solicitation, inciting a felony |
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General Intent |
D must have averted to the prescribed consequences as reasonably certain to result from his act or failure to act. |
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Criminal Negligence |
Crime occurs without intent, but D's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful person in like circumstances. |
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Homicide (5 Kinds) |
First degree murder, second degree murder, manslaughter, negligent homicide, vehicular homicide |
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First Degree Murder (M1): Elements |
*KHB + SI + AC = M1 *The killing of a human being with the SITK or IGBH, and an aggravating circumstance. *Agg circumstances include: -enumerated felony -committed on a fireman or peace officer -murder for hire -V is under 12 or 65 or older -SITK or IGBH on more than 1 person (including fetus) |
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Enumerated Felonies |
-Agg or forcible rape -Agg burglary -Drive-by shooting -Robbery (any) -1st or 2nd degree cruelty to juveniles |
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Second Degree Murder (M2): Elements
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*KHB + (SI or EF) = M2 *The killing of a human being with the SITK or IGBH or in the act of an enumerated felony. |
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Manslaughter |
The killing of a human being under one of the following circumstances: -Heat of passion (D provoked & blood not cooled, measured against reasonable person) -committing non-enumerated felony -committing misdemeanor directly affecting V -resisting arrest |
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Negligent Homicide |
Killing of a human being as a result of D's gross deviation from normal standard of care |
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Vehicular Homicide |
Killing of a human being as a result of D driving under the influence of alcohol (BAC > 0.08) or narcotics. Intoxication must cause accident not merely coincide. |
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Transferred Intent |
SITK can be transferred from intended victim to accidental victim. |
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Agency Theory |
Death when the D or other principal is direct cause and occurs as a direct result of commission of felony is chargeable. |
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Rape |
The act of sexual intercourse (anal, vaginal, or oral) committed upon a person without consent. |
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Aggravated Rape |
Occurs when consent is negated by one or more of the following circumstances: -V is 65 or older or under the age of 13 -V resists to the utmost, but whose resistance is overcome by force -V is prevented from resisting the act by threats of great bodily harm, accompanied by the apparent power of execution -V is prevented from resisting the act because D is armed with a dangerous weapon -when 2 or more participate in the act -Physical or mental infirmity of V prevent resistance |
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Forcible Rape |
Committed when the V is prevented from resisting the rape because: -of threats of physical violence or force when V reasonably believes resistance would not prevent the rape, or -V is incapable of resisting because of the administration of drug by D without V's knowledge |
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Simple Rape |
Committed when: -V is incapable of resisting or understanding the nature of the act by reason of intoxication -V, through unsoundness of mind, is incapable of understanding the nature of the act (D should have known V's incapacity) -V submits under the belief that D is her husband |
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Sexual Battery |
The intentional touching of the anus or genitals of V by D(or of D by V) using any instrumentality of part of the body when any of the following occur: -D acts without consent of V -V is <15 and at least 3yrs younger than D -D is 17 or older and V is prevented from resisting because of physical or mental incapacity --V is 65 or older |
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Battery |
The intentional use of force upon the person of another or the intentional administration of a poison or other noxious substance to another. |
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Aggravated Battery |
Battery committed with a dangerous weapon. |
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Dangerous weapon |
Any gas, liquid, or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or serious bodily injury. |
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Second Degree Battery |
A battery committed without the consent of V when D inflicts serious bodily injury without using a dangerous weapon. Crime can be aggravated with the addition of a dangerous weapon. |
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Simple Battery |
Intentional harmful or offensive touch without V's consent. (No weapon) |
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Assault |
Can be committed by: -attempting to commit a battery, or -intentionally placing another in reasonable apprehension of receiving a battery |
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Aggravated Assault |
Assault while armed with a dangerous weapon. |
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Simple Assault |
Assault committed without a dangerous weapon. |
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Aggravated Burglary |
The unauthorized entering of any inhabited dwelling, or of any structure, watercraft, or movable where a person is present, with the intent to commit a felony or theft therein, under any of the following circumstances: -D is armed with a dangerous weapon -D commits a battery upon any person while in such place or in the entering or leaving of such place |
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Home Invasion |
The unauthorized entering of any inhabited dwelling, or any structure belonging to another used in whole or in part as a home or place of abode, where a person is present, with he intent to use force or violence upon the person of another or to vandalize, deface, or damage the property of another |
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Simple Burglary |
The unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery, with the intent to commit a felony or any theft therein. |
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Unauthorized entry of an inhabited dwelling |
The intentional entry by a person without authorization into any inhabited dwelling or other structure belonging to another and used in whole or in part as a home or place of abode by a person. |
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Theft |
The misappropriation or taking of anything of value which belongs to another, either without the consent of the other or by means of fraudulent conduct, practices, or representations, with the intent to deprive the other permanently of the thing. |
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Armed Robbery |
The taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon. |
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First Degree Robbery |
The taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, when the offender leads V to reasonably believe he is armed with a dangerous weapon. |
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Simple Robbery |
The taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, but not armed with a dangerous weapon. |
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Illegal Possession of Stolen Things |
The intentional possessing, procuring, receiving, or concealing of anything of value which has been the subject of any robbery or theft, under circumstances which indicate that D knew or should have had good reason to believe that the thing was the subject of one of these offenses. |
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Principals |
All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime |
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Accessory after the Fact |
Any person who, after the commission of a felony, shall harbor, conceal, or aid the offender, knowing or having reasonable ground to believe that he has committed the felony, and with the intent that he may avoid or escape from arrest, trial, conviction, or punishment. |
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Compounding a felony |
The accepting of anything of apparent or prospective value which belongs to another, or any promise thereof, by a person having knowledge of the commission of a felony, upon agreement to conceal such offense. |
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Criminal Conspiracy |
The agreement or combination of 2 or more persons for the specific purpose of committing any crime. In addition, one or more of such parties does an act in furtherance of the object of the agreement. If the crime has been consummated, the Ds can be tried for and convicted of both the conspiracy and the crime. |
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Attempt |
SI + Overt Act *Any person who, having the SI to commit a crime, does or omits an act for the purpose of and tending directly toward accomplishing the crime, whether or not success occurs or is likely. Mere preparation is not sufficient. (Attempted murder must have SITK) |
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Inciting a Felony |
The endeavor by 1 or more persons to incite or procure another person to commit a felony. |
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Solicitation for murder |
Intentional solicitation by 1 person of another to commit or cause to be committed a first or second degree murder. |
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Intoxication |
The fact of an intoxicated or drugged condition is immaterial except as follows: -Involuntary intoxication that is the direct cause of the commission of a crime; -Voluntary intoxication that precluded the formation of intent or knowledge needed for a SI crime. |
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justification |
-public duty -lawful arrest -defense of self, others, or property -physical impossibility -reasonable discipline of a minor -compulsion -authorized by law |
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Self Defense: BoP |
Homicide: State bears burden of proof No homicide: D bears burden of proof |
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Self Defense |
Justifiable under the following circumstances: -preventing a forcible offense against the person -preventing unlawful entry into an inhabited dwelling. *Force must be reasonable |
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Self Defense; death resulting |
A homicide is justifiable when committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and the killing is necessary to save himself from that danger. There is no duty to retreat. |
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Stand your ground |
A person who is engaged in lawful activity and is in place where he has a right to be shall have no duty to retreat before using deadly force, and may stand his ground and meet force with force. |
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Aggressor Doctrine |
Aggressor cannot claim self defense. Exceptions: -He retreats in good faith and in such a manner that the other party knows aggressor wishes to disengage, or -V's response to aggressive act is unreasonable. |
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Defense of others |
A person may use force when -it is reasonably apparent that the person attacked could have used force or could have killed, and -it is reasonably believed to be necessary to protect the other person. |
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Defense of property |
Force or violence is justified to prevent a forcible offense or trespass against property in lawful possession so long as the force is reasonably and apparently necessary to prevent the offense. Deadly force is never justified to protect property. |
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Insanity |
If the circumstances indicate that because of mental disease or mental defect D was incapable of distinguishing between right and wrong with reference to the conduct in question, D shall be exempt from criminal responsibility. -Must plead not guilty and not guilty by reason of insanity. -All are presumed sane. BOP on D to prove insanity. |
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Compulsion |
D intentionally commits a crime as a result of compulsion or threats made by 3rd party of death or GBH, whereas 3rd party is present and D reasonably believes will carry out threats if crime is not committed. -Not a defense for murder. |
