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Criminal
mix
53
Law
02/05/2012

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Cards

Term
Name the 11 specific intent crimes
Definition
assault; 1st degree murder; larceny; embezzlement; false pretenses; robbery; forgery; burglary; solicitation; conspiracy; attempt
Term
What is the burden of proof for the defense to prove insanity?
Definition
in most states, a preponderance of the evidence
Term
What two crimes are strict liability offenses?
Definition
public welfare offenses; statutory rape
Term
Is mistake of fact a defense?
Definition
it is an entire defense to specific intent; only a reasonable mistake of fact will be a defense to a general intent; no defense for S/L
Term
Is mistake a law a defense?
Definition
NO. Not unless the statute makes knowledge of the law an element of the crime - rare. If you don't know selling crack is illegal, tough luck.
Term
what does concurrence mean in the criminal law?
Definition
You must have the mental state AT THE SAME time you engage in the act.
Term
What is criminal battery?
Definition
The unlawful application of force to another, resulting in either bodily injury or offenseive touching.
Term
Criminal Assault
Definition
attempted battery, OR the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm.
Term
Aggravated ASsault or Battery
Definition
assault or battery PLUS; use of a weapon, OR the victim is a child, elderly person or otherwise vulnerable OR the intent to committ robbery or rape
Term
Malicious Wounding
Definition
shooting, stabbing, cutting with the intent to maim, disfigure
Term
Murder
Definition
the causing of death of another with malice aforethough
Term
What does malice aforethought mean?
Definition
intent to kill; intent o inflict great bodily injury; extreme recklessnes (adandoned or malignant heart); felony murder
Term
For causation, the death must be within 1 year and 1 day of act to be murder at common law. In Virginia, death can be...
Definition
anytime
Term
Virginia First Degree Murder
Definition
The intentional kill of another with deliberation and premeditation; felony murder
Term
Virginia Second Degree Murder
Definition
all murders that are not first-degree murder
Term
Voluntary Manslaughter
Definition
the intentional kill of another committed in the heat or passion or after adequate provocation
Term
What are the 2 reqs for "adequate provocation"?
Definition
1. the provocation would harouse sudden and intense passion in the mind of an ordinary person; 2. there was no time to cool off
Term
Involuntary Manslaughter
Definition
A killing committed with criminal negligence, or during a commission of a crime that is not felony murder (sometimes also called misdemeanor murder rule)
Term
The intention use of a deadly weapon creates a presumption of...
Definition
intent to kill
Term
Transferred intent doesn't apply to
Definition
attemp.
Term
Felony Murder
Definition
Is any killing committed during the commission of a felony. Limitations: the felony must be inherently dangersous; the D must be guilty of the underlying felony; killing must be foreseeable; i tmust be in furtherance of the felony;victim can't be a co-felon
Term
What will get you the deth penalty in VA?
Definition
willfull, deliberate, and pre-meditated murder plus 1 of 14 different aggravating circumstances
Term
In VA, all murders are presumed to be
Definition
2nd degree. Prosecution has the burden of proof to raise it to first or capital murder, and the defense to lower it to manslaughter.
Term
Felony Homicide
Definition
the accidental killing of someone while committing some non-enumerated felonious act
Term
Criminal False Imprisonment
Definition
The unlawful confinement of a person without his consent. General intent crime
Term
Kidnapping
Definition
False imprisonment PLUS moving the victim to a secret place or concealing the victim PLUS force, deception, intimidation
Term
What is the age in Virginia for statutory rape?
Definition
13 years old
Term
It is a class 4 felony to have carnal knowledge of a person between the ages of
Definition
13-15 (but limitations for if the acused is also a minor and the victim consents)
Term
Larceny
Definition
The trespassory taking and carrying away of the personal property of another with intent to permanently deprive.
Term
Embezzlement
Definition
conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud
Term
False Pretenses
Definition
Obtaining TITLE to personal property of another by an intentional false statment, with the intent to defraud
Term
Larceny by Trick
Definition
When the defendant obtains posession (as opposed to title) by intentional false statements
Term
Robbery
Definition
a larceny from another's person by force or threat of immediate injury
Term
Exortion
Definition
threatening injury to the character, person or property of another or acsing another of any offense and thereby extracting a pecuniary benefit
Term
Forgery
Definition
making or altering of a writing so that it is false (specific intent: intent to defraud)
Term
Malicious Mischief
Definition
destroying or damaging another's property
Term
What is Grand Larceny? What is Petit?
Definition
Grand: Taking from someone's erson $5 or more; or personal property $200 or more
Term
Uttering
Definition
offering as genuine a forged instruments
Term
Possession
Definition
control for a period of time long enough to have an oppurtunity to terminate posession
Term
Arson in Virginia
Definition
he malicious burning of any building
Term
What is the only criminally liable accomplice?
Definition
The Acessory After the Fact: you must assist the principal who has committed a felony with your knowledge that a crime has been committed and the intent to help him acoid arrest or conviction
Term
True or False: In Virginia, the Principal in the Second Degree can be tried and convicted like princiapl in the first degree?
Definition
True. This is someone who is at the crime scene and committs some overt act in furtherance (ex. getaway driver, lookout)
Term
Virginia Conspiracy
Definition
bilateral approach: an greement between 2 or more persons to committ a felony; no overt act required; NB: if you are charged with underlying crime you cannot also be charged with conspiracy
Term
Solictation
Definition
asking someone to commit a crime with the intent that is be committed
Term
What are the 3 inchoate offenses (meaning that completion is unnecessary)?
Definition
solicitation; attempt; conspiracy
Term
Virginia Attempt requires
Definition
a direct act with the intent to committ a crime, but which falls short of committing the crime
Term
M'Naughten Test
Definition
D either didn't know his act was wrong, or he didn't understand the nature of his act
Term
Virginia Insanity Test
Definition
chose either M'Naughten or Irresistible Impulse; give Commonweal's atty 60 days notification in advance of trial that you will be invoking insanity defense; burden of proof: to the jury's satisfaction
Term
MPC Insanity Test
Definition
You couldn't appreciate the criminality of your conduct OR you couldn't conform your actions to the law
Term
VA Voluntary Intoxication Statute
Definition
NOT a defense to specific intent crimes unless it produces permanent insanity; can negate capital or first-degree murder if you were SOOO drunk you couldn't premeditate
Term
Virginia Nondeadly Force
Definition
D may use physical force to defend himself if there is a reasonable appearance under the circumstances that force is justififed
Term
VA Deadly Force
Definition
The D must be without fault and show an imminent danger of death or bodily injury
Term
True or False: In VA there is a duty to retreat?
Definition
False. Exception: D was the initial agressor