Term
| Purposefully/Intentionally |
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Definition
1. D has a conscious object to engage in conduct to cause a result, and
2. D is aware of the circumstances or hopes they exist |
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Term
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Definition
1. D is practically certain that engaging in this conduct will yield a certain result, and
2. D is aware of the circumstances |
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Term
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Definition
1. D consciously disregards a substantial or unjustifiable risk, and
2. Disregard of the risk is a gross deviation of the standard of conduct from what a law abiding person would observe in the actor’s situation |
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Term
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Definition
1. D should be aware of a substantial risk, and
2. Fails to perceive that risk, and
3. That failure is a gross deviation from the standard of care that a reasonable person would observe in the actors situation |
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Term
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Definition
1. Conduct with specific intent to promote or assist the commission of a specific crime
2. Procures, induces or causes, OR
3. D does Aid, Abet, assist other person, or
4. Having a legal duty, fails to prevent, or make an effort that is legally required |
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Term
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Definition
1. Agreement
2. Intent that at least one co-conspirator is going to commit the crime
3. There has to be an overt act (indication of the agreement) |
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Term
| To get out of a conspiracy: |
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Definition
1. D has to have taken affirmative steps to defeat the objectives of the conspiracy
2. Either D communicates these steps to defeat to his coconspirators or disclosed the scheme to law enforcement |
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Term
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Definition
1. a co-conspirator commits an offense
2. the offense is in furtherance of or natural foreseeable consequence of the conspiracy
3. D is a member of the conspiracy when the co-conspirator commits the offense |
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Term
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Definition
(1) An intent to commit a specific offense.
(2) Substantial step toward its commission.
- Usually the conduct that is a substantial step proves the intent element
- Factual or legal impossibility is no defense under attempt
- Intent is subjective, but substantial step is objective |
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Term
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Definition
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Term
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Definition
| (2) a) with Extreme Indifference to human life. (b) Recklessly (c) Create grave risk of death to others. (d) Cause the death of a human being. |
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Term
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Definition
(3) a) commit or attempt to commit an enumerated felony b) in the course of the crime, in furtherance of, or in immediate flight, the person or another participant causes the death of a human being.
The shooter has to be someone participating in the felony |
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Term
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Definition
(1) Recklessly causes the death of another person; or
(2) Murder in the heat of passion. |
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Term
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Definition
(a) A person commits the crime of criminally negligent homicide if he causes the death of another person by criminal negligence.
(b) The jury may consider statutes and ordinances regulating the actors conduct in determining whether he is culpably negligence under subsection (a) of this section. From Hall |
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Term
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Definition
(1) Is there an (a)(1)? Intentional murder is the only one that can apply to capital murder in Alabama.
(2) Is there a qualifying circumstance? The 18 qualifying circumstances are listed in 13A-5-40.
(3) Conviction
(4) Jury then recommends sentence: decide between death penalty and life without parole. While deciding, they will weigh aggravating and mitigating circumstances—13A-5-49 & 13A-5-51.
(5) Judge imposes sentence. |
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Term
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Definition
(1) With intent to cause serious bodily injury with a dangerous and deadly weapon/instrument or intent to disfigure, (destroy, disable, amputate) , extreme recklessness, or driving under the influence
(2) Causes serious bodily injury by means of deadly weapon/instrument. |
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Term
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Definition
(1) (a) intend (b)cause serious physical injury to another person, (c) causes serious physical injury to any person.
(2) (a) intend (b) cause physical injury to another person (c) causes physical injury to any person with deadly weapon or dangerous instrument.
(3) (a) Recklessly (b) causes serious physical injury (c) with deadly weapon or dangerous instrument.
(4) (a) Intend (b) prevent a peace officer or emergency medical personnel or a firefighter from performing a lawful duty, (c) intends to cause physical injury (c) causes physical injury to any person.
(5) (a) Intend (b) cause physical injury (c)teacher or employee of a public educational institution (d) during or as a result of the performance of his or her duty (e) causes physical injury to another person.
(6) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him without his consent, a drug, substance or preparation capable of producing the intended harm. |
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Term
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Definition
(1) (a) intent (b) to cause physical injury (c) causes physical injury
OR
(2) (a) recklessly (b) causes physical injury
OR
(3) (a) crim negligent (b) causes physical injury (c) D&D weapon
OR
(4) (a) intent (b) to prevent peace officer from duty (c) causes physical injury to a person |
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Term
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Definition
commit 3rd degree robbery (theft by force) &
1. armed w deadly and dangerous weapon, or
2. causes serious physical injury, or
3. while armed w/ instrument lead reas. Person to believe it was a D&D |
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Term
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Definition
commits 3rd degree robbery &
1. Aided by another person who is present |
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Term
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Definition
theft with
1. force and intent to overcome physical resistance
2. threat of imminent force
- Theft =1. exerting unauthorized control , 2. Of the personal property of another |
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Term
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Definition
1. He engages in sex interc.
2. with member of opposite sex
3. by forcible compulsion OR with someone who is incapable of consent (phys helpless or mentally incapacitated OR
1. He being 16 or older engages in sex interc
2. With memb o opp sex who is less than 12 yo |
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Term
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Definition
1. 16 yo has sex interc with memb of opp sex
2. who is older than 12 but younger than 16, AND
3. Is at least 2 years younger OR
4. Sex with person who is incapable of consent because of mental defect |
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Term
| DEVIATE SEXUAL INTERCOURSE |
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Definition
| Any act of sexual gratification between parties not married to each other involving the sex organs of one person and the mouth or anus of another. |
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Term
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Definition
| Such term means that a person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct. |
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Term
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Definition
| Such term means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other incapacitating act committed upon him without his consent. |
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Term
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Definition
| Such term means that person is unconscious or for any other reason is physically unable to communicate unwillingness to act. |
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Term
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Definition
| Physical force that overcomes earnest resistance or a threat, either express or implied, that places a person in fear of immediate death or serious physical injury to himself or another person. |
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Term
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Definition
1) Knowingly
(2) Obtain/exert control over property of another
(3) w/ intent to deprive owner of his property. |
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Term
| Burglary in the 1st Degree |
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Definition
| Knowingly and unlawfully enter/remains a dwelling with intent to commit a crime therein and is armed/causes physical injury/threatens the immediate use of dangerous instrument. |
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Term
| Burglary in the 2nd Degree |
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Definition
| Knowingly and unlawfully enters/remains in building and is armed/causes physical injury/threatens or uses dangerous instrument. Also, if enter/unlawfully remain in dwelling with intent to commit theft or felony, but are not armed, cause injury, etc. |
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Term
| Burglary in the 3rd Degree |
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Definition
| (a) A person commits the crime of burglary in the third degree if he knowingly enters or remains unlawfully in a building with intent to commit a crime therein |
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Term
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Definition
(1) Scheme or artifice to defraud. (Devise or intend to devise—if you intend to devise a scheme to defraud and cause something to be placed in the mail, then it could be mail fraud).
(2) Use/cause U.S. mail/private or commercial interstate carrier (UPS, FedEx) to be used
(3) In execution of scheme or artifice.
Third element trips up a lot of mail fraud. It has to be in execution of the scheme. (i.e. sending a thank you after collecting the money—the mailing was not in execution). |
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Term
| 18 USC 1343: Fraud by wire, radio, or television |
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Definition
(1) Scheme or artifice to defraud.
(2) Use/cause wire, radio, or television communication to be used
(3) In execution of scheme or artifice.
Must be interstate |
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Term
| 31 USC §3729: False Claims |
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Definition
(a)(1) is your Conduct:
Only four are really used that much. (1) File a false claim with the government. (2) File an inaccurate claim and file a false statement in support of your claim. (3) Conspire to do either of those. (4) Reverse false claim: have a contract with the government and are supposed to give the government some money back and lie about how much you are supposed to give.
(a) Treble damages—sometimes can be a whole lot. In the health care field, actual damages are not that much so trebling them is not that much.
(b) Mandatory penalty: $5,500-$11,000 per fraudulent filing. This is how the damages get to be so large.
(2) Can get rid of all of those penalties if they disclose it to the government. If you disclose it before you get caught, can get rid of all that money.
(b) Definitions: High level of intent |
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Term
| 31 USC §3730 Civil Action for False Claims |
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Definition
(b) Actions by private persons. (1) A person (anybody)
(1) Rest gives you procedure. Blend of criminal and civil.
(d): Award to qui tam plaintiff: every qui tam relator is guaranteed at least 15% of total judgment awarded. Can go up to 25% if government joins your case, and 35% if the government does not join your case. Damages can be reduced if the relator was involved in the fraud. Will not get anything if they are indicted. |
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Term
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Definition
1. D has no predisposition to committing the crime
2. Gov’t provides a favorable opportunity that induces or persuades D to commit crime |
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Term
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Definition
1. D believes conduct is necessary to prevent harm to himself or to another is justifiable if:
a. the harm avoided is greater than harm performed in avoidance of it, and
b. neither the code or other law provides exceptions or defenses dealing with the specific situation, and
c. there is no statute excluding the justification
2. If D was reckless/negligent in bringing about the situation to choose between evils, justification is not available if D is charged with crime where the mens rea is reckless/negligent |
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Term
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Definition
1. Immediate threat of death or serious bodily injury
2. Reasonable fear that the threat will be carried out
3. No reasonable opportunity to escape
(Sometimes a fourth element that a D has to go to authorities)
If D intentionally or recklessly places himself in the situation in which he is under duress, then this defense is not available to him
- Objective standard
- Not available for murder or where the mens rea for the crime is recklessness or negligence |
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Term
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Definition
A D may use physical force to protect himself or a 3rd person if
1. He reasonably believes it is necessary
2. threat of imminent use of unlawful physical force
3. D uses a proportional degree of force: one that he reasonable believes to be necessary
A D may use deadly force if unlawful force is burglary, kidnapping, assault, robbery, rape, or sodomy EXCEPT
- other person has a right to be in the dwelling
- person kidnapping is legal guardian
- both parties are engaged in unlawful activities
- other person is a law enforcement officer performing duties |
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Term
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Definition
1. Intoxication is admissible as evidence whenever it can negate the intent element of a crime (intentionally or knowingly)
2. Not available as a defense if recklessness is the mens rea required
3. Involuntary intoxication is always a defense
4. Intoxication by itself is not a disease or defect |
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Term
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Definition
1. D has severe mental disease or defect
2. Such that he is unable to appreciate the nature and quality or wrongfulness of his acts
3. At the time the offense is committed
4. Insanity must be proved by clear and convincing evidence
3 kinds of disability
- Cognitive – D can’t understand what he’s doing
- Moral – D can’t understand what he is doing is wrong
- Volitional – D can’t control what he is doing |
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Term
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Definition
If a defendant honestly believes that a factual circumstance exists that would render his conduct lawful when, despite a good faith effort to investigate, in fact the circumstance does not exist (this defense is usually persuasive)
“ ignorance of the law can be a defense if it negates the intent of the crime charged” |
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Term
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Definition
| If a D mistakenly believes that his conduct is not unlawful (this is not a valid defense |
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Term
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Definition
| exists when the defendant’s intended end constitutes a crime, but he fails to consummate it because of a factual circumstance unknown to him or beyond his control |
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Term
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Definition
| exists if the criminal law does not prohibit the D’s conduct or the result he hoped to achieve |
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