Term
|
Definition
1.) obtaining title
2.) to the property of another
3.) by an intentional (knowing) false statement of past or existing facts
4.) with intent to defraud the other |
|
|
Term
|
Definition
1. At common law death must have been caused by defendant or accomplice.
2. felony must be inherently dangerous
3. in IL death can be caused by anyone
4. Must take victim as he is
5. Foreseeablity is not required, but must demonstrate some connection |
|
|
Term
| Inducement to Commit Suicide |
|
Definition
| participates in a physical act by which another person commits suicide OR offers and provides the physical means |
|
|
Term
|
Definition
1. No marital exemption
2. Chastity is a factor
3. Corroboration needed
4. Only penis in vagina
5. Force or threat of force
6. Victim must try to resist
7. Clear and convincing evidence |
|
|
Term
| Criminal Sexual Assualt at IL/MAJ |
|
Definition
1. Marital exemption
2. Any unwanted touching or penetration of sexual organs on sexual organs, mouth, or anus
3. No resistance required
4. Chastity irrelevant
5. No need for corroboration |
|
|
Term
| Guilty But Mentally Ill (GBMI) |
|
Definition
| Recognized in IL and other jurisdictions. Can be mentally ill but have requisite criminality. Prevents dangerous people from being free. In IL, they can be eligible for DP |
|
|
Term
| Aggravating Circumstances for Murder |
|
Definition
1. Victim was under 15 or over 70
2. Victim was a peace officer
3. Heinous
4. K Killing |
|
|
Term
|
Definition
| Decrimininalized homosexuality. Things done in private sphere should not be criminalized. Move Criminal justice system from reflection of morality to punishing perceived social harms. |
|
|
Term
|
Definition
| do not take CL's approach to law. IL holds does not have to the greatest reflection of morality but what is a societal harm. |
|
|
Term
| Proportionality test from Solem |
|
Definition
1. gravity of offense
2. punishment for offense as compared to punishment for same offense in diff jurisdictions.
3. punishment for that offense compared to similar offenses in same jurisdiction.
FOr the most part this is not upheld. IL talks about the dangers of comparing a crime. |
|
|
Term
| Mitigating Factors - Murder |
|
Definition
1. Mental handicap
2. Age
3. Good behavior in prison |
|
|
Term
| Increasing Penalty for Murder |
|
Definition
| this is a question for the jury, unconstitutional for judge to decide. Jury must find aggravating circumstances beyond a reasonable doubt |
|
|
Term
|
Definition
| CL version of theft. trespassory taking and carrying away of another's property with the intent steal or to permanently depriving that person of it. |
|
|
Term
|
Definition
| IL/MAJ - knowingly taking and carrying away property from rightful owner with intent to deprive or knowledge that it will deprive them |
|
|
Term
|
Definition
| CL/IL/MAJ - taking away of property from presence of another by force or threat of force |
|
|
Term
|
Definition
| Malicious burning of the dwelling of another. Smoke and fire. |
|
|
Term
|
Definition
| study concerning discrimination in the DP |
|
|
Term
|
Definition
| Breaking and entering the dwelling of another in the nighttime with the intent to steal or commit a felony |
|
|
Term
|
Definition
| circumstantial evidence is enough to show causation where cause of death cannot be determined or body cannot be found |
|
|
Term
|
Definition
|
|
Term
|
Definition
| conduct that places another in reasonable apprehension of receiving a battery |
|
|
Term
|
Definition
| where one already in possession of property of another wrongfully converts such property with intent to defraud |
|
|
Term
|
Definition
| CL/MAJ - knowingly holding someone against their will - not secretive |
|
|
Term
|
Definition
| IL - knowingly holding someone against their will. not secretive |
|
|
Term
|
Definition
Specific Intent and knowledge
IL - say you dont know and you do know |
|
|
Term
|
Definition
| GI. Committing a felony while armed with a weapon. |
|
|
Term
|
Definition
Direct evidence = confession
circumstiantial evidence - intent is a Q of fact, cannot be implied as a matter of law
Proof of what D did not do - affirmative acts can reverse course of events? |
|
|
Term
| Criminalization of status` |
|
Definition
| unconstitutional under 8th amendment - cruel and unusual punishment |
|
|
Term
|
Definition
| awareness of a particular fact with practical certainty or substantial probability |
|
|
Term
|
Definition
where legislative purpose is to protect a class of persons, or punish a particular class of persons, person outide the class are exempt from conspiracy laws
Mann Act - transportation of prostitutes |
|
|
Term
|
Definition
Either before or during the commission of crime
with the intent to further the commission
person aids, abets, or attempts to assist
another person in the planning or commission of crime |
|
|
Term
|
Definition
1. D had knowledge - knowledgeable control needed
2. D had control
3. D had access to the thing
4. D had an opportunity to terminate his control |
|
|
Term
| Failure to Act as Breach of Legal Duty |
|
Definition
1. Statute
2. Contractual Obligation
3. Special relationship
4. Sole caregiver - secluded a helpless person so as to prevent others from rendering aid |
|
|
Term
|
Definition
IL. Doesnt like SL.
1. where it is a misdemeanor worth under $500 and not punishable by incarceration
2. statute describing offense clearly indicates leg purpose to impose AL for conduct |
|
|
Term
|
Definition
1. specific intent to commit a principal offense
2. Commanding, requesting, or encouraging someone else to commit crime |
|
|
Term
|
Definition
| making substatial steps toward a crime, which are strongly corroborative of the firmness of D's crim intent |
|
|
Term
|
Definition
1. inherently wrong
2. inherently dangerous
3. proximate cause of death |
|
|
Term
|
Definition
w/o blame
reasonably believed
conduct was necessary
for the greater good - avoid a greater injury |
|
|
Term
|
Definition
minortiy. Not required when
in your home
you are a cop
no good route out |
|
|
Term
|
Definition
MR - General (intent or knowledge)
a. where there is 1) forcible sexual conduct or 2) sexual conduct where the D knows the victim is incapable of understanding or unable to give effective consent. OR
b. the transfer of semen by the accused upon any part of the victim
Sexual conduct = intentionally or knowing touching of victim's sex organs, anus or breast, or transfer of seman on victim for purpose of sexual gratification (if victim is under 13, any touching of fondling) |
|
|
