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CRIMES DEFINITIONS

Criminal Law 1L

QuestionAnswer
Murder Murder is divided into 1st- and 2nd- degree and is defined as a homicide committed with malice.
Homicide The killing of [a] human being
Attempted Murder Attempt is a specific intent crime, where the defendant must specifically intend to commit the underlying crime of murder, and has either come dangerously close to completing The crime or has taken a substantial step towards the crime of murder.
Conspiracy to commit murder Conspiracy is when two or more persons agree To commit an unlawful act or a lawful act by unlawful means.
Accomplice Occurs when a person either aids, abets, or assists a person in the commission of a crime.
1st Degree Murder requires an intent to kill that is premeditated (thought about the act of killing before doing so) and deliberated (cool mind capable of reflection) or if the felony murder rule applies.
Voluntary Manslaughter Voluntary manslaughter is murder that is mitigated due to provocation (heat of passion), unreasonable mistake, coercion, or necessity.
Involuntary Manslaughter the accidental killing of another human being due to gross criminal negligence/recklessness.
Possession of Controlled/Illegal Substance Illegal possession of a controlled or illegal substance is a crime in the majority of jurisdictions.
Larceny specific intent crime that requires The trespassory taking and carrying away [of] the personal property of another with the intent to permanently deprive.
Solicitation occurs when a party incites another to commit an unlawful act. This could be any misdemeanor, felony or breach of the peace.
Assault an intentional act which places a person in fear or apprehension of an immediate harmful touching.
Robbery Robbery is larceny of person by the use of intimidation or force or future harm to induce him to relinquish personal property.
2nd degree murder aka “abandoned & malignant heart murder” shown by intent to kill, intent to do serious bodily injury, or a wanton/reckless disregard for a high risk of death.
Define Manslaughter The unlawful killing of another human being without malice aforethought.
What are the 2 types of Manslaughter? Voluntary and Involuntary
Define Murder Killing or causing death of a human being.
Define SERIOUS BODILY INJURY. Also known as "GREAT" or "GREVIOUS BODILY HARM" is something more than plain "bodily injury", it is something close to BUT less than death.
Define INTENT TO DO SERIOUS BODILY INJURY MURDER. One who intends to do serious bodily injury short of death BUT who actually succeeded in killing (despite his lack of intent to kill).
Define DEPRAVED HEART MURDER. Extremely negligent conduct which creates what a reasonable person would realize to be unjustifiable and a very high degree of rsk of death or serious bodily injury, which actually causes the death of another. THERE IS NO INTENT TO KILL.
What exactly is "CREATION OF A RISK?" Conduct that creates a HIGH DEGREE OF RISK (gross negligence).
Define 1st Degree Murder. Intent to Kill Murder with elements of premeditation and deliberation. OR Felony Murder where one of the listed felonies are involved (rape, burglary, robbery, kidnapping, arson)
To be guilty of 1st degree murder the defendant MUST... Defendant MUST premeditate the killing and deliberate about it.
What is DELIBERTATION? Is an element that requires a cool mind that is capable of reflection. Requires a subjective state of mind.
What is PREMEDIATION? Requires that the person with the cool mind DID reflect at least for a period of time BEFORE the killing. Also requires a subjective state of mind.
What is FELONY MURDER? A killing (even if unintended) in the commission or attempted commission of a felony (listed felony).
Does the prosecution need to prove premeditation and deliberation in Felony Murder? NO
Define Murder by LYING IN WAIT. This murder requires the additional elemnt of watching and waiitng in a CONCEALED position to kill or do serious bodily injury to a person.
Define Murder by POISON. The homicide must first amount to murder (intent to kill, depraved heart...etc.) with poison as the cause of death.
Define Murder by TORTURE. This murder requires something in the way of PAIN OVER AN EXTENDED PERIOD OF TIME. Defendnat must INTEND TO INFLICT THE PAIN. Generally the act causing the pain should be the act that causes the death.
What constitutes 2nd Degree Murder? Intent to Kill murder without premeditation and deliberation; Depraved Heart Murder; Felony Murder with the felony not being one of the listed ones; Intent to do Serious Bodily Injury Murder with or without premeditation or deliberation.
Created by: Rochelle28nm