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Crim Law

QuestionAnswer
First Degree Homicide Unlawful Killing of a Human Being With Malice Aforethought with Premeditation and Deliberation (Specific Intent)
Felony Murder Rule Death Occurs during the commission or attempt commission or a inherently dangerous felony for which a person can be convicted of murder. BAARK
Second Degree Murder Unlawful Killing of Another Human Being with Malice Aforethought (No Intent to Kill is Necessary - General intent)
Voluntary Manslaughter Intentional Unlawful Killing of Another Human Being in the Heat of Passion as a result of Adequate provocation (no cooling off time)or Imperfect Self Defense
Imperfect Self-Defense defendant did believe he was in imminent danger of serious bodily harm and that they had a right to self-defense when they did not and as a result there was a death
Involunary Manslaughter Unlawful Killing of Another Human Being Without Intent or Malice with Proximate cause
Reckless Conduct Engaging in any other conduct in such a reckless and careless manner as to show a thoughtless disregard for consequences or a heedless indifference to the rights and safety of others
Negligent Conduct by culpable omission to perform a legal duty
Unlawful Act under Involuntary Manslaughter Violation of a statue or Act or By an unlawful act that does not amount to a predicate felony for felony murder or is not inherently dangerous to life
BARRK Burglary, Arson, Rape, Robbery, Kidnapping, any felony in which a deadly weapon is used or by means of a nuclear, biological or chemical weapon of mass destruction.
Misdemeanor Manslaughter Rule A death results during the commission of a criminal act that is not an inherently dangerous felony (such as the result of someone playing a joke)
Malice Express Emotions of Hatred, Ill will, spite
Aforethought intent to engage in malicious act must be Formed in the person's mind before or contemporaneously with the act
Premeditation Consious consideration and planning that precedes some act; frame the design or plan to carry it out.
Deliberation Thought about it and acted on it - could be in a matter of seconds
Merger Doctrine Inherently Dangerous Crime + Murder = Merger = Felony Murder
Arson the Malicious Burning of a Dwelling House of Another
Malicious unlawful with the intent to do harm
Burning some charring, however slight, of the structure
Dwelling house a structure where people live or have lived in the past and intend to return
Of Another the burning of one’s own house is not arson
Larceny The unlawful taking and carrying away the personal property of another with the intent to steal or permanently deprive the possessor of its use or possession
Unlawful without permission or consent
Taking gaining control over the property either by actual possession or constructive possession, which is possession by one acting as an agent of the defendant
Carrying Away the movement of the property from its original location , however slight
Personal Property not real property which is land or anything affixed to the land
Of Another property other than the owner's property
With the intent to steal or permenently deprive the posessor of its use or possession the intent must be formed prior to or contemporaneously with the taking and carrying away
Doctrine of Recent Possession the intent must be formed prior to or contemporaneously with the taking and carrying away
“Shortly after” - The period of time to which the doctrine applies depends on the uniqueness of the item: (a) If the item is very common (Timex watch)– the period of time is very short (b) If the item is very unique (Timex watch with name engraved)– the period of time is longer
Misrepresentation a false statement knowingly made to deceive
Obtaining Property by False Pretenses a) Obtaining title to the personal property of another through misrepresentation of a fact with the intent to defraud
Of a material fact a fact to which a reasonable person would attach importance or to which the defendant knew the victim would attach importance
Causing title to pass to defendant as a result of the misrepresentation a) The misrepresentation must have induced the owner to relinquish the property b) The property can be anything of value c) Whether title passed is form the perspective of the victim; what the defendant thinks is irrelevant.
Possession of stolen property a)The unlawful possession of the personal property of another that the defendant knows or should know based on the circumstances and facts is stolen
Receiving stolen property a)The unlawful receipt of the stolen personal property of another knowing that the property is stolen. i) Receiving property requires facts that indicate that the defendant took the property under his control.
Embezzlement Knowingly and willingly, uses for a purpose other than that for which D received it, the property of another held by D under his care and acting in a fiduciary capacity.
Fraudulent with the intent to deprive the owner of the property
Appropriation any use in a manner inconsistent with what was authorized (a) Defendant intentionally used property for his own benefit, the benefit of another, or any use other than that for which the defendant received the property
By one entrusted with possession Fiduciary relationship between the defendant and victim a special legal relationship of trust whereby one has been entrusted with the personal property of another coupled with a duty to preserve the other’s interest in the property
Larceny By Trick A misrepresentation of a material fact, which causes the person to take personal property of another with intent to steal it.
Robbery Unlawful taking of personal property of another from the person or their presence with force or threat of force
Forgery Fraudulent making or a writing which has the ability or purpose to defraud
Armed robbery Unlawful taking of personal property of another from the person or their presence with a weapon
Kidnapping Unlawful restraint and forced movement of another where the person is harmed, held for gain, or left in an unsafe location
Restraint the physical laying on of hands
Forced movement any asportation of the person , no matter how slight, against his will
And the victim is either: Harmed or Held for Gain or Left in an unsafe location.
Kidnapping (Common Law) The unlawful restraint and forced movement of another
Attempt an overt act done with the specific intent to commit the crime, but that is ineffectual
Solicitation Asking, encouraging, commanding, inciting someone to engage in criminal conduct with the specific intent that the person commit the act
Conspiracy i. Entering into an agreement (mutuality of understanding) with 2 or more people ii. To commit an unlawful act iii. With specific intent that the crime is committed OR iv. To do a legal act in an illegal way.
Legal Impossibility When a defendant, if he had completed the act, would not have committed a crime
Accessory Before the Fact talking substantive offense, not conspiracy; where people join together for the commission of the crime, they are responsible for the conduct for each member of the group for acts committed within the scope of that agreement.
Principal/Accessory Every person involved and they are treated as a person and they are responsible for everything that occurs in the scope of that enterprise.
Accessory After the Fact person has no part in the commission or planning of the crime; gives assistance to criminal and gives the aid for the purpose of assisting them would be criminally liable. Need not know what crime was committed. Willful blindness, no defense
Created by: mserica99