HOMICIDE

ELEMENTS:

1. 1 human killing another 2. Act/omission to act/ procure

3. another human

1+2+3=homicide

3 kinds

jusitifiable- permitted under law

excusable- some fault, not enough to be criminal

criminal-criminal culpability

CORPUS DELECTI

Body of evidence that supports the substance of the criminal charge

1. DEATH- no brain function

2. Defendant CAUSED the death

UDDA

Universal Determination of Death Act

A person is dead when....

CRIMINAL HOMICIDE

MURDER

Unlawful+killing human being+ malice aforethought (biggest criteria for establishing murder from other killing)

-intentional, knew it was wrong, meant to hard

1st degree- willful, deliberate, BAD

2nd degree-everything else

PREMEDITATION

   premeditation-act of deliberating, meditating on ir planning a    

     course of action

MALICE AFORETHOUGHT

-biggest criteria that distinguishes murder from another killing

-an intentional commission of a wrongful act without just cause or legal excuse, in intention to kill

-malicious design to kill or injure

1. intent to kill 2. intent to inflict great bodily harm 3. intent to commit a felony murder 4. intent to resis a lawful arrest 5. an awareness that one is engaged in conduct that carries with it a high risk or someone else's death (depraved heart-common law,homicides committed though a person's extreme cruelty to human suffering.)

CAPITAL MURDER

PREMEDITATED MURDER

murder in which the intent to kill is formed pursuant to preexisting reflection rrather than as the result of a sudden impulse or the heat of passion.

-considered the act before the killing

AGGRAVATED MURDER

a murder committed under special circumstances, such as, premeditation or with malice, sometimes as 1st degree murder

-murders punishable by death in most jurisdictions or life in prison where there is no death penalty

FELONY MURDER

Common law rule that allowed a person to be convicted of murder if, while perpetrating a felony, or the ATTEMPT to do a felony, another person died as a consequence of the crime.

-the death of another during the commission of certain felonies

ex- rob a bank, cop tries to shoot me, shoots bystander, I'm responsible for death

MANSLAUGHTER

Unlawful killing of a human being without malice

1. unlawful killing 2. of human being 3. without malice

-typically without deliberation, premeditation, or planning and is voluntary or involuntary.

VOLUNTARY MANSLAUGHTER

-unlawful killing of a human being, without malice, which is done intentionally upon a sudden quarrel or in the heat of passion.

-homicide associated with a sudden fit of rage or passion

-neither premeditated or motivated nu evil intent (malice)

-adequate provocation only if it would cause a reasonable person to lose self-control

-no time to reflect/state of mind

EXAMPLE-

Commonwealth v. Schnopps

husband fatally shoots wife, convicted of 1st degree murder-life imprisonment. reversed and new trial ordered. Threatens wife with physical harm, desertion and adultery.Wife said provocating words and he WENT TO THE CABINENT, GOT THE PISTOL HE LOCKED AND LOADED THE DAY BEFORE,AND SHOT HIS WIFE AND HIMSELF. Issue- whether in these circumstances the judge was required to instruct the jury on voluntary manslaughter. (Where was the cabinet? Time to reflect?) Court doesn't disagree with jury BUT voluntary manslaughter WAS a possible verdict.

INVOLUNTARY MANSLAUGHTER

An unlawful homicide that is unintentionally caused and that either (1) is the result of an unlawful act other than a dangerous felony (or of a lawful act done in an unlawful way) or (2) occurs as the result of criminal negligence or recklessness

Difference from voluntary: absence of the intention to kill or to commit any unlawful act that might reasonably produce death or great bodily harm

-misdemeanor manslaughter rule

RECKLESS HOMICIDE/

NEGLIGENT HOMICIDE

The unlawful death of a person caused by the reckless behavior of another person

-conscious disregard- I know its dangerous but I do it anyways

The unlawful death of a person caused by the criminal negligence of another

-goofing off, stupidity

-failure to recognize the substantial risk of danger

GROSS NEGLIGENCE/

ORDINARY NEGLIGENCE

A substantial deviation from the duty to engage in due care

-criminal negligence

-failing to see an oncoming car before turning left

The lack of ordinary care

VEHICULAR HOMICIDE/

AGGRAVATED VEHICULAR MANSLAUGHTER

A charge used to prosecute drivers who operate their motor vehicles in a negligent manner, therby causing the death of another

EX-death caused by traffic incident like running a stop sign

A charge used to prosecute drivers who recklessly operate their cars, resulting in the death of another

EX-driving under the influence of alcohol

SUICIDE

-Self-inflicted death

-aiding or assisting suuicide is statutory crime

-only washington and oregon permit physician assisted suicide

-Dr. Jack Kevorkian, 2nd degree murder, for assisting and poisoning Thomas Youk who was suffering from Gehrigs disease and requested his help

-DEATH WITH DIGNITY ACT-oregon

ASSAULT

An attempted or threatened battery that places another person in a state of fear (battery)

ATTEMPTED BATTERY

Defendant takes a substantial step to commit a battery

1. Overt UNLAWFUL act, not just words 2. Present ability- defendant be physically capable of carrying out the sttempted act and that the method he intends or threatens to use will in fact inflict an injury or offensive touching if carried out, physically capable of immediate battery 3. Bodily injury-unlawful physical force on the person of the victim. The application of force, even if it entails no pain or bodily harm. Does not have to be a severe injury.

-victim can be unaware

THREATENED BATTERY/

CONDITIONAL ASSAULT

The placing of another in fear of imminent injury. Requires that the defendant intend to create fear of imminent injury in the victim.

 -Intentional frightening    -not all jurisdictions recognize this

-not just words, has to be some overt act before the crime can be said to have been committed

"Don't move or I'll shoot!" -asserted a condition in which such harmful conduct will occur

AGGRAVATED ASSAULT

An assault that is committed with the (1) intention of committing an additional crime or an assault that (2) involves special circumstances

-assault with intent

WITH A DANGEROUS WEAPON

1-inherently dangerous or deadly (loaded gun)

2-not dangerous per se but that can be used in a dangerous way (rope for strangling)

STALKING/

HARRASSMENT

The act of placing another person in a state of fear/death/bodily injury by way of acts of intimidation or threat.

A knowing and wilful course of conduct directed toward a specific person which seriously harms, annoys, torments, or terrorizes that person and which serves no legitimate purpose.

-credible threat-a verbal or written threat implied by a pattern of conduct or a combination of verbal or written statements and conduct made with the intent and apparent ability to carry out threat to cause the person to fear for his or his immediate family's safety. EX- CYBER SPACE

BATTERY

An action that causes unlawful personal injury to another, causing of bodily injury, offensive touching of the person of another.

1. the willful and unlawful 2. use of force, violence, or offensive contact 3. against the person of another

-would a reasonable person be offended by the touching?

-can be reckless or negligent, mostly intentional

AGGRAVATED BATTERY

Battery committed under more severe circumstances or resulting in more serious harm. 

-use of a deadly weapon, intention of committing another crime (rape/murder), the result of serious injury.

-depends on the degree of harm inflicted on the victim

MAYHEM

A battery that causes great bodily harm or disfigurement of another. 

-intent to cause serius injury or death

1. an unlawful batery 2. involving maliciously inflicting or attempting to inflict violent injury 3. with one or more disabling or disfiguring injuries resulting from the illegal act

-aggravated assault in the MPC

DOMESTIC VIOLENCE

A. no person shall knowingly cause or attempt to cause physical harm to a family or household member

B. No person shall recklessly cause serious physical harm to a family or household member

C. no person by threat or force shall knowingly cause a family or hosuehold member to believe that the offender will cause imminent physical harm to them

-mandatory arrest-law that requires police officers to make an arrest in a DV case when they find evidence of bodily harm and where the perp can be identified

-protective orders-court orders requiring a person to stay away from an identified person

-Can be a felony if the offender uses interstate commerce to commit violence against family member or if two have child together

SEXUAL CONDUCT/

FELLATIO/

CUNNILINGUS

Intercourse (insertion) involving sex organ

oral stimulation of the penis

oral stimulation of the female vaginal area

SEXUAL CONTACT

DEVIATE SEXUAL INTERCOURSE/

FORCIBLE RAPE

Term used at common law to refer to forms of unlawful sexual intercourse

A rape offense committed by use of physical force or threat

RAPE

unlawful sexual intercourse through FORCE, THREAT OF FORCE, OR DECEPTION

1. SEXUAL INTERCOURSE WITH A PERSON WHO ISNOT THE SPOUSE OF THE PERPETRATOR

2. THROUGH FORCE, THROUGH THE THREAT OF FORCE, OR BY DECEPTION

3. WITHOUT THE LAWFUL CONSENT OF THE VICTIM

statutory rape- unlawful sexual intercourse with a minor below a certain age specified by statute; often treated as a strict liability crime

SEXUAL ASSAULT

A classification of crime used in some jurisdictions to refer to nonconsensual sexual offenses.

sodomy-a term used in some statutes to refer to anal intercourse, fellatio, and cunnilingus.

SEXUAL BATTERY

The unlawful touching of an intimate part of another person's body against that person's will and for the purpose of sexual arousal, gratification, or abuse.

STATE V LOWE

Paul Lowe-sex with his 22 year old step daughter, one count of sexual battery. Plead not guilty. Filed motion to dismiss claiming that the facts alleged in the indictment did not consitute an offense because the use of the term step child in the statute signified that it applied to children not adults, not to regulate sex between two consenting adults. Court over ruled motion. Changed to no contest. 120 days of incarceration and 3 years of community control. Court accepted the case on discretionary appeal as to what the term step child meant. The court affirmed the judgement because it bears a rational relationship to the state's legitimate interest in protecting the family.

SEXUAL IMPOSITION

IMPORTUNING

VOYEURISM

A CRIME INVOLVING THE UNLAWFUL SEXUAL CONTACT OR TOUCHING OF ANOTHER.

The unlawful solicitation or enticement of another for sexual acticity. minor sex

A crime that involves the invasion of another person's privacy for the purpose of sexual gratification. Peeping tom

KIDNAPPING

1. the unlawful taking and carrying away (asporation) 2. of a human being 3. by force fraud threats or intimidation 4. against the persons will

-felony,physical reestraint, movement of vic, force against vic

false imprisonment-the unlawful restraint or detention of another

1.unlawful restraint by 1 person 2. of another person's freedom of movement 3. w/o the victims consent or w/o legal justification

-mesdemeanor, physical restraint, no moving vic, no force against vic

SCHWEINLE V STATE

discretionary review of 15 yrs for aggravated kidnapping.

engaged, moved in together, argued, moved back with parents. Appellant came in forced her to come with him. Smeared sandwich in her face, pointed gun at her, shoot her if she tries to escape. Threw sandwich at her and hit her in stomach with fist. beat her with belt and newspaper in duct tape. false imprisonment not introduced it was not not likely for her to be found at his house she had key and stayeda there multiple times.

a general term used to describe many situations where someone unlawfully interferes with the property rights of another

-acquisitive offenses

-promote security of property by threatening theives with punishment

Wrongful taking of personal property from the possession of another. 1. wrongful taking 2. and carrying away (asportation) 3. of personal property of another 4. with intent to permanently deprove owner of use or value of property

claim of right-picking up notebook, thought it was yours- defense to larceny

tangible

personal

fixtures

intangible

property that has physical form and is capable of being touched

anything of value that is subject to ownership and that is not lad or fixtures

items that are permanently affixed to land or a piece of real property

property that has no value in and of itself but that represents value-deed to land

the unlawful conversion of the person property of another by a person to whom it has been entrusted by the rightful owner

1. deceptive/fradulent conversion 2. of property 3. belonging to another 4. by person entrusted

CONVERSION- PROPERTY CONVERTED TO UNAUTHORIZED USE

FALSE PRETENSES

LARCENY BY TRICK

 a form of theft that involves transfer of ownership or title. giving fake check to buy car 

1. obtaining title 2. to prop belonging to other 3. by intentional/knowing deception/misrepresentation of fact 4. w/intent to decieve or defraud owner

a common law form of larceny that involves a person using trickery to gain possession, not title, to anothers property. Using siblings ID, borrow something don't return, test drive car don't return

Making of a false written instrumet or the material alteration of an existing genuine written instrument

1. false signature or material alteration 2. signed or altered w/o authority 3. of a writing or other instrument that would have legal value if genuine 4. with intent to defraud

UTTERING

the offering, passing, or attempted passing of a forged document with knowledge that the document is false and with intent to defraud. 

1. posession/creation of a forged doc that would have legal value if genuine 2. uttering, passing, publishing or attempting to pass 3. with intent to defraud

a crime similar to forgery but involves the falsification or reclassification of an item for material gain; the item or docment falsified need not have legal value.

-fake purses

Knowingly taking possession of or control over property that has been unlawfully stolen from another

1. receiving 2. stolen property 3. which the recever knew was stolen 4. where the property received with the intent to deprive the rightful owner of its possession

the unlawful taking of property that is in the immediate possession of another by force or threat of force

1. felonious taking of personal prop 2. from the person or immediate presence of another 3. against the will of the vic 4. accomplished by meand os force or by putting vic in fear of imminent harm

common law- The corrupt collection of an unlawful fee by a public officer under color of office or the attempt to collect such a fee; today- the threat of future actions to wrongfully obtain prop or services

1. intent to take or acquire 2. personal prop 3. belonging to another 4. by threat of future harm

blackmail-threat is made to disclose a crime or other social disgrace

compounding a crime-obtaining prop or valuable items in exchange for an agreement not to expose a criminal act

the unauthorized use of another individuals personal identity information to fraudulently obtain money, goods, or services

IDENTITY THEFT AND ASSUMPTION DETERRENCE ACT 1998 a federal law that makes it a crime to knowingly transfer or use without lawful authority a means of identification of another person with the intent to commit a crime

the use of force (breaking) or deception to enter a building or vehicle with the intent to commit a felony or theft

1. the use of force (breaking) or deception 2. to enter 3. a building, locked automobile, boat, etc 4. with the intent to commit a felony or theft

FOLSOM V STATE

not sufficient evidence to convict of burglary -lived there-but only for 35 days-house is in sole possession of wife thereby equals burglary. affirmed.

CONSTRUCTIVE ENRTY

CRIMINAL TRESPASS

CRIMINAL MISCHIEF

causing another person or instrument to enter the property of another 

a lesser included offense of burglary, entering or remaining on the prop or in the building of another when entry is forbiden or failing to depart after receiving notice to do so

the intentional or knowing damage or destruction of the tangible prop of another

LOOTING

POSSESSION OF BUGLARY TOOLS

a burglary committed within an affected geographic area during an officially declared state of emergency or during a local emergency reslting from an earthquake or other disaster, a crime against prop

the possession of instruments with the intent to use those tools for the purpose of burglary

ARSON

INTELLECTUAL PROPERTY

COMPUTER CRIME

common law- malicious burning of the dwelling og another today- much broader crime involving many forms of malicious burning. 

protected and proprietary information stored in computers and digital devices and on electromagnetic optical and other storage media. Stocks, bonds, crops, IP law

a fraud offense committed through the use of a computer or other electronic device

1. the use of a computer or computer network 2. w/o authority 3. with the intent to a. obtain prop or services by false pretenses b. embezzle or commit larceny c. convert the prop of another

COMPUTER TRESSPASS

The unlawful transgression upon or access to the computer or other electronic system of another

1. the use of a computer or computer network 2. w/o authority 3. with the intent to 1-remove data, programs, software 2-cause to malfunction 3-alter or erase data, programs, software 

ETC

THEFT OF COMPUTER SERVICES

a particularized form of theft offense where the services offered by an electronic systems provider are deemd to be the prop unlawfully taken

1. the use of a computer or computer network 2. with intent to obtain computer services 3. w/o authority

PERSONAL TRESPASS BY COMPUTER

The use of a computer as an instrument to gain access to someone elses property

1. use of a computer or computer network 2. without authority 3. with intent to cause physical injury to an individual

criminal offenses that do not have readily identifiable individual victims

-crimes against public order

ex-prostitution, gambling, polygamy, drug use

any unlawful activity tat unreasonably disturbs the peace and tranquility of the community

not just violent acts, words and acts that may cause violence in others

-fighting words:utterances that are intended ti provoke those at whome they are directed

specific, purposeful, and unlawful behavior that tends to cause public inconvenience, annoyance, or alarm

affray- fighting in a public place that causes others to be afraid

prize fighting- unlawfulpublic fighting undertaken for the purpose of winning a prize

an assembly of THREE OR MORE people for the purpose of committing an unlawful act or of committing a lawful act in a violent manner

rout- the preparatory stage of a riot

riot- the culmination of unlawful assembly and rout; tumultuous disturbance of the peace by three or more ppl assembled of their own authority

inciting a riot- the use of words or other means to intentionally provoke a riot

the act of going about from place to place by a person without visible means of support 

a person who engages in identifiable forms of behavior that amount to begging, litering or other nuisances to the public; vagabond

DWI

DUI

OMVI

driving while intoxicated-operating a motor vehicle while intoxicated

driving under the influence-operating a vehicle while physically impaired

operating a motor vehicle while under the influence of alcohol or drugs-same as dui or dwi

CITIZENS

ALIENS

INA

persons born or naturalized in the US

individuals who are not citizens-lawful permanent residents (green cards), immigrant visa holders, temporary lawful visitors, undocumented illegal aliens

Immigration and Nationality Act- federal law that outlines several crimes related to a persons illegal entry into the country including barring aliencs from entering the US without legal authorization

criminal activities that are intended to coerce a population or influence a gov't through intimidation or fear

1. the commission of an already established crime 2. intended to coerce a population or influence a gov't 3. through intimidation or fear

Foreign Intelligence Surveillance Act of 1978 FISA- federal law that provides secret court orders authorzing foreign surveillance by officers of the US

USA Patriot Act-law passed in 2001 following the 9-11 attacls; allows expanded powers to federal authorites to investigate crime, UNITING AND STRENTHENING AMERICA BY PROVIDING APPROPRIATE TOOLS REQUIRED TO INTERCEPT AND OBSTRUCT TERRORISM

TREASON

REBELLION

CRIMINAL SYNDICATION

ESPIONAGE

SEDITION

the attempt to overthrow the gov't of the society of which one is a member

-requires act, thoughts alone arent sufficient, intended to betray the gov't 

the purposeful use of force to resist and otherwise rebel against governmental authority

advocating the use of unlawful acts as a means of accomplishing a change in industrial ownership or of controlling political change

spying for a foreign gov't

crime consisting of a communication or agreement intended to defame the gov't or to incite treason

PERJURY

SUBORDINATION OF PERJURY

CRIMINAL CONTEMPT

the willful giving of false testimony under oath in a judicial proceeding

procuring another person to commit perjury

deliberate conduct calculated to obstruct or embarrass a court of law or conduct intended to degrade the role of a judicial officer in administering justice.

interfering with the administration of public justice

resisting arrest-conduct that is designed to make is more difficult for law enforcement officers to effectuate a lawful arrest

MALFEASANCE

MISFEASANCE

NONFEASANCE

BRIBERY

an officeholders performance of an act that they had no right to do

official acts performed improperly

failing to do that which should be done

providing a thing of value in exchange for a benefit from a public officeholder

exchanging sexual activity for compensation

1. engaging in or offering to perform 2. a sexual act 3. for hire

compelling/procuring(enticing)/soliciting/promoting

ADULTERY

FORNICATION

sexual conduct with a person who is married to another

sexual relations outside of marriage

Lawrence v. Texasiviolation of due process of 5th and 14th amendment liberty

PORNOGRAPHY

OBSCENITY

the depiction of sexual behavior in such a way as to excite the viewer sexually

unprotected form of expression under 1st amendment,

child porn-us v. williams 

psycgotropic drugs affect the mind

bioactive drugs affect the body

unlawful possession-1. possesion 2. of any controlled substance 3. unless upon the written prescription of a physician etc

CONTROLLED SUBSTANCES ACT (CSA)- federal law that identifies and organizes controlled substances into five schedules

ANTI DRUG ABUSE ACT OF 1988-Penalties for recreational drug users increased, became more difficult for dealers to purchase weapons, denied gov't benefits to convicted dealers

a criminal defendants response stating why defendant should not be held liable for a criminal charge

bring up affirmative defenses at the beginnging of the answer-alibi, justification, excuse, procedural

factual-Defendants assertion that defendant did not commit a criminal act as a matter of fact

alibi-elsewhere at time of crime. impossible to commit crime cant be in two places at once.

legal-defense based on legal theory

a defendants admission to performing the harmful act in question but assertion that the act was necessary to avoid some greater evil

self defense-not a constitutional right, reasonable amount of force, IMMEDIATE DANGER

self defense

-also called compulsion

a defense that asserts the defendant was compelled or coerced to perform and illegal act.

-force/threat

-mother forced to rob bank because someone is holding her children hostage

-fear for life/great bodily harm/prevent harm or death of another

those who put themselves in an intoxicated state are accountable for any resulting consequenses

not taking responsibility for actions according to court

misunderstanding of factual reality

honest mistake-genuine and sincere not to hide criminal intent

reasonable mistake-kidnapping when it was optional to leave

ignorance of fact-lack of knowledge of some fact relating to the matter at hand

mistake of law- a misunderstanding of the legal meaning of law

ignorance of law-not knowing a law exists

not viable defense

-at time of crime

-don;t have to be smart just assist lawyer for trial and understand charges against you

-mental competency-ability to stand trial

mens rea wasnt present so no crime occurred or it was present but defendant is mentally disabled.

M'Naughten Rule-(1) lack of mens rea didnt know what he was doing. (2) acceptable legal excuse-didnt know it was wrong

Insanity Defense Reform Act

Guilty but Mentally Ill

doctrine of settled insanity-drugs

body of law that regulates the manner in which authorities process criminal cases and treat individual suspects or defendants.

-how was crime deteced, how was defendant arrested, how was evidence obtained, behavior during investigation/court hearings, 

compared to criminal law What is the crime, what does statute prohibit, elements of crimes, constitutional problems, defenses, justifications.

blueprint for gov't

separation of powers-divides gov't authority

writ of habeas corpus-court order issued to an official holding or detaining a person that mandates release

ex post facto- punishes a person for an act that occurred before the law was enacted

bill of attainder-imposes punishment on individuals w/obenefit of trial proceedings

federal gov't cant deprive person of life liberty property w/o due process of law

state must respect rights of people

speedy trial-6th amendment