Term
| Four ways to prove malice |
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Definition
1) intent to kill
2) D knows or reasonably should know that the activity engaged in will probably cause death
3)intent to commit a felony (felony murder)
4)intent to interfere with police officer in the performance of duty and in which the course of which death results |
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Term
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Definition
| crime where you can be imprisoned for more than one year or fined more than 1K |
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Term
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Definition
| crime where you can be punished for a max of up to one year and a fine not to exceed 1K |
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Definition
| usually a fine (traffic offense,etc) |
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Term
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Definition
in all forms, the actus reas is the same
a) CL- the killing of another human being by a human being
b) the killing of another human being by ANOTHER human being |
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Term
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Definition
| the killing of a human being by another human being with malice aforethought |
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Term
| Modern law murder (murder I) |
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Definition
| the intended killing of a human being by another human being with malice, deliberation, and premeditation |
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Definition
| the intended killing of another with malice, without premeditation and deliberation |
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Definition
| the killing of another with knowledge that the act will probably cause death, engaging in extremely risky behavior. |
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Definition
| killing of another without malice in the heat of passion brought on by adequate provocation |
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Definition
| it must naturally cause a reasonable person in the passion of the moment to lose self-control on impulse and without reflection |
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Definition
| the killing of another without malice but engaging in reckless behavior (no intent to kill) |
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Definition
| intent to commit a felony. Death of another results. the felony murder doctrine is not limited to those deaths which are foreseeable. one who commits a felony and intends to commit a felony and death occurs during the course of the felony, the person is guilty of murder. |
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Term
| Felony murder two types of tests |
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Definition
1) elements of the crime- it is the elements of the felony in the abstract, not as committed, that determine it is inherent dangerousness.
2) elements of the crime + facts of the case (most courts use this test) |
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Definition
CL- carnal knowledge of a female, by force, and against her will
Mens rea- intent to do sexual act |
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Term
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Definition
| sexual intercourse with a complaining witness against her will by force or threat of force without consent (no consent is implied by force or threat) |
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Definition
sexual intercourse with a complaining witness by fraud without consent
1) fraud in factum= rape. false facts about the act itself
2) fraud in the inducement= not rape. false facts about the environment |
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Term
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Definition
| sexual intercourse with a complaining witness against her will and without her consent |
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Term
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Definition
| sexual intercourse with a complaining witness under the age of 16 (no force or threat required- she cannot consent) |
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Term
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Definition
| the fraudulent conversion of the property of another by a person, agent, employee, servant, or other fiduciary; you cannot have both embezzlement and larceny. employee gets money from customer and then puts it directly into their pocket |
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Term
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Definition
| principle theft crime (specific intent)- trespassory taking or carrying away the personal property of another from their possession w/ the intent to perm. deprive. (employee gets money from customer then puts it into the drawer then into their pocket...bank had possession) |
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Definition
| moving however slight...intent to deprive |
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Term
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Definition
actual- on or about your person
constructive- not on or about your person, but you still intend to control and exercise control
joint- owned by two or more people
sole- owned by one person |
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Term
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Definition
| (specific intent) fasle statement of a past, present, or existing fact, can be oral, written or by gesture. (makes a statement with intent to defraud) |
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Term
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Definition
| (specific intent) the making of a false document or altering of a document with intent to defraud (writing your name on someone's check without authority) |
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Term
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Definition
| (spec intent) the negotiating/passing of a false document with intent to defraud (after taking a check and writing your name on it, you then go and cash it) |
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Definition
| the malicious burning of the dwelling of another |
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Term
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Definition
| (specific intent)- the breaking and entering the dwelling of another in the nighttime w/ intent to commit a felony therein |
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Definition
| breaking and entering the dwelling, offices or any other structure in the nighttime or daytime, with intent to commit a crime. |
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Term
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Definition
| assault + larceny (specific intent) the taking and carrying away the property of another, with intent to perm deprive, by force, threat of force, or stealthy seizure |
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Term
| Receiving stolen property |
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Definition
| having known it was obtained in a manner representing a criminal offense with intent to perm deprive |
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Definition
| the use of another's property or money dishonestly to one's own use |
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Definition
| (general intent) lesser offense than burglary; unlawful entry |
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Term
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Definition
a) choice between the lesser of two evils
b) if the action is needed immediately
c) person claiming doesn't create a problem
d) doesn't involve taking a life
c) person claiming doesn't create a problem
d) doesn't involve taking a life |
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Term
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Definition
1) preparation (not a crime)
2) attempt
3) completion |
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Term
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Definition
| (specific intent- always)- requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute a crime and that he does act toward the commission of the crime. |
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Term
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Definition
| looks backward how far you come from beginning...minority |
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Definition
| looks forward...how close you come to end...majority |
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Term
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Definition
| must do last act just before completion of crime; rejected |
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Term
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Definition
| if look at actor can it be said that person is unequivocally about to do crime; rejected |
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Term
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Definition
| an opportunity to repent, to change one's mind |
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Term
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Definition
| deals with the attempt of the offense not the completed offense. In modern law, neither impossibility is a defense. In common law, factual impossibility was not a defense but legal was. |
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Term
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Definition
| did D do what he intended to do? if no, would it have been a crime if he did what he intended to physically do? if yes, it is a factual impossibility (pickpocketing) |
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Term
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Definition
| did the D do what he intended to do? if yes, was it a crime what he physically did? if no, then its a legal impossibility (shooting a mannequin) |
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Term
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Definition
| intent was to commit a crime (would have been a crime) |
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Term
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Definition
| act would not have been a crime if carried out |
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Definition
before- accessory before the fact
during- aiding and abetting
after- accessory after the fact |
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Term
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Definition
(are at the scene of the crime) a person may be principle in an offense in two degrees:
a) first degree is the actor or absolute perpetrator of the crime
b) 2nd degree is a person that is present, aiding, and abetting that fact to be done. |
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Term
| Constructive presence (principal 2nd degree) |
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Definition
| when the actor commits a crime, and another keeps watch or guard at some convenient distance |
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Term
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Definition
| (not at the scene of the crime) the person that is not the chief actor in the offense, nor present at its performance, but is some way concerned therein, either before or after the fact committed. |
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Term
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Definition
| (not at the scene of the crime) the person that is not the chief actor in the offense, nor present at its performance, but is some way concerned therein, either before or after the fact committed. |
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Term
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Definition
| a person that is absent at the time of the committed act, yet he helped plan, counsel, or command another to commit the crime. |
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Term
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Definition
| where a person having good reason to know a felony to have been committed, receives, comforts, or assists the felon in avoiding apprehension. |
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Term
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Definition
| not a charge itself...if present, charge with a real charge on the theory of aiding and abetting |
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Term
| Requirements for aiding and abetting |
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Definition
1) person must be present at the scene of the crime
2) person has to intend to be associated with a criminal venture
3) mere presence is not enough- has to be some overt act
4) look for overt acts in furtherance of the crime
5) not necessary that one person does all the acts |
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Term
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Definition
| an agreement between two or more real conspirators to commit a crime. all that is necessary is that each know that it has a scope and the for its success, it requires an organization wider than may be disclosed by his personal participation. |
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Term
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Definition
| if you conspire and enter into an agreement and the results of your agreement are implemented, you are held liable for conspiracy and substantive crime even if not present. |
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Term
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Definition
| conspirators are responsible for conspiracy; substantive crime committers are responsible for substantive crimes |
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Term
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Definition
| you must raise the defense or it is waived. D has the burden of raising; govt has the burden of proving there is no defense |
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Term
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Definition
begins and ends with necessity:
a) must have an unlawful threat
b) reasonably believe in imminent peril of death or serious bodily harm
c) who is aggressor?
d) retreat doctrine |
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Term
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Definition
| 3rd person has the right to use deadly force to protect against an attack, under the same circumstances that would justify the use of deadly force by person herself |
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Term
| Same shoes doctrine (defense of others) |
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Definition
majority-
a) 3rd person in the same shoes as the person they are helping
b) if the 3rd person is in the aggressor's shoes, he will be liable |
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Term
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Definition
1) someone interferes in good faith
2) good faith doctrine will prevent someone who thought they were helping the troubled person and actually helped the aggressor escape prosecution (honest and reasonable belief) |
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Term
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Definition
a) taking of life to defend property is not justified
b) must be reasonable defense
c) must use reasonable force
d) cannot use force calculated to cause death (deadly force) |
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Term
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Definition
two theories:
1) pre-disposition- was the person predisposed to commit the crime, or did the govt induce the person to commit it?
2) does not focus on D's mens reas...asks if govt went too far that they have induced D to commit the crime |
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Term
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Definition
a) natural source is where the threat of harm comes from
b) there is not good answer or ready alternative
c) are forced to take the lesser of two evils
d) person claiming necessity can't be the one that created the problem. can't take a life |
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Term
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Definition
a) human source is where the harm comes from
b) there is no good answer or ready alternative
c) are forced to take the lesser of two evils
d) person claiming necessity cant be the one that created the problem; can’t take a life |
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Term
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Definition
1) defense to specific intent crime (partial- defense to 2nd intent but not the 1st)
2) evidence of intoxication exists whenever the intoxication negates the existence of an element of a crime
c) need not intend to become intoxicated |
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Term
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Definition
1) use insanity rules
2) is a defense to general intent crimes
when involuntary: without knowledge of its nature; under direct duress imposed by another |
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Term
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Definition
| mental disease + legal test...no such thing as temporary insanity. cannot have insanity defense without mental illness. insanity at the time of offense is usually a defense to a crime. |
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Term
| Legal competency (insanity) |
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Definition
| D's mental state during trial, must be competent in order to stand trial |
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Term
| Burden of proof (insanity) |
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Definition
| D has the burden of proof of raising the issue and providing evidence. Govt has burden of proving D sane beyond a reasonable doubt |
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Term
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Definition
| automatic commitment to a mental institution |
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Term
| Bolton hearing (insanity) |
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Definition
| after jury verdict, judge decides whether D is still mentally ill and dangerous |
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Term
| McNaughten test for insanity |
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Definition
| right/wrong test...a disease of the mind (mental illness) caused the defect of reason such that D lacked the ability at the time of his actions to either know the wrongfulness of his actions, or understand the nature and quality of his actions |
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Term
| Durham test (product test) (insanity) |
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Definition
| criminal behavior the product of mental illness |
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Term
| Model penal code (ALI test) (insanity) |
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Definition
| majority- D is not liable if at the time of the crime, as a result of mental illness, D lacked capacity to appreciate the criminality of his conduct; or unable to conform to unlawful behavior |
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Term
| Irresistible impulse (insanity) |
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Definition
| D had mental illness which caused D to have an irresistible impulse |
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Term
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Definition
| in order to prevail on MOF defense, must be honest belief and reasonable belief. Mens rea defeated by MOF |
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Term
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Definition
generally not a defense
exceptions:
a) written opinion from the highest legal office of state
b) statute which has been recently repealed/appealed
c) specific court decree
NOT DEFENSE:
a) advice from a private attorney
b) ignorance of the law |
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