Glossary of Criminal Law Barfs (Baz)
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- What is homicide?
- The killing of one human being by another
- What is Murder?
- unlawful homicide with malice aforethought
- What is malice aforethought?
- It can be expressed- Specific intent to kill
It can be implied- extreme recklessness, or intent to commit serious bodily harm or the felony murder rule
- What is express malice aforethought?
- specific intent to kill
- What is implied malice aforethought
- Malice implied by
1. Felony murder rule
2. extreme recklessnes
3. Intention to cause serious bodily harm.
- What is 1st degree murder?
- This murder that is committed by any of the following means:
1. Premeditation and deliberation
2. specific means
3. homicide during the course of an independent inherently dangerous felony (fmr)
- What is premeditation?
- The idea of killing was entertained prior to the killing
- What is deliberation?
- the defendant was acting calmly (cold blood) and reflected prior to killing
- What is specified means?
- Premeditated by bombing, poison, torture, lying in wait. No further evidence of premeditation and deliberation is needed for 1st degree.
- What is the felony murder rule?
- An unintended homicide occurring durin the course of an independent inherently dangerous felony such as: burglary, rape, robbery, arson, mayhem, or kiddnapping. The underlying felony must be independent of the killing.
- what is 2nd degree murder?
- all murder that is not 1st degree
- what is voluntary manslaughter?
- intended unlawful homicide without malice aforethought by an act through sudden heat of passion, by provocation, without a cooling off period.
- What are some adequate prevocational acts?
- would cause a reasonable person to act from passon: Such as mutual combat, battery, assault, adultery, and outrageous acts against family members
- What is sudden heat of passion? Also discuss the majority and minority views.
- Kiling must have been been in the sudden heat of passion before cooling-off.
Majority- reasonable person with similar afflictions
Minority- Ignores afflictions
- What is involuntary manslaughter?
- Unintentional killing without malice aforethought that is caused by criminal negligence, or committed during the commission or attempted commission of an unlawful act.
- What is criminal negligence?
- Conduct that creates a hight risk of death or serious bodily harm.
- What is an unlawful act?
- misdemeanor or felony that wond support the felony murder rule.
- What is embezzlement?
- This is a specific intent crime. Fraudulent conversion of property by one to whom the property was entrusted.
- What is false pretenses?
- This is a specific intent crime- Knowingly and designingly obtaining title to property of another by means of untrue representation of fact with intent to defraud
- What is larceny?
- This is a specific intent crime- Taking of anothers personal property with intent to permanently deprive.
- What is Larceny by trick?
- This is a specific intent crime. Taking of anthers personal property with intent to permanently deprive by permission obtained by deception.
- What is receiving stolen property?
- Controlling/concealing/receiving property with knowledge that it is stolen.
- What is Robbery?
- Specific intent crime- Larceny from the person, or the immediate presence of the person, by the use of violence, force, or imtimidation that puts the victim in immediate fear of harm of their person, property or family.
- What is extortion?
- Specific intent crime- Obtaining property by unlawful threat to induce consent Immediacy of threat is not necessary, and intimidation must be extreme.
- What is Burglary?
- Per commonlaw- The breaking and entering of the dwelling house of another in the nightime, with intent to commit a felony.
Modernly: Unauthorized entry of a structure with intent to commit a felony or theft therin.
- What is Battery?
- Inentional harmful or offensive touching.
- What is assault?
- Attempt to commit battery or placing another in apprehension of an unlawful touching.
- What is rape?
- C/L- the intentional or criminally negligent sexual intercourse by a male ith a female without her consent. Modernly, males can be raped.
- What is kidnaping?
- C/L- The forcible abduction or stealing away of a person from his own country and sending him into another.
Modernly- Forcibly moving a person into another place.
- What is false imprisonment?
- the intentional unlawful confinement of another person without his consent. Confinement -restraining or containing a person by means of force or threats of force within encirculed boundaries with no reasonable means of escape.
- What is a conspiracy?
- An agreement between two or more person to commit an unlawful act or lawful act by unlawful means.
- What is solicitation?
- Urging, soliciting, influencing, requesting, commanding, or encouraging anotherperson to commit a crime with specific intent that the other person actually commits the crime.
- What is complicity?
- Knowledge of unlawful purpose of Perp, intent to facilitate, encourage, or commit crime. Defenant's presence/Act must further crime or add to probability of success of crime.
- What is an attempt?
- When a person with intent to commit an offense performs any act that constitutes a substantial step toward the commission of that offense. Must be beyond preparation.
- What is abandonment?
- Guilty once defendant goes behyond mere preparation.
- What is an accomplice?
- Intentionally assists the primary actor to engage in the conduct that constitutes the crime.
- What is accessory before the fact?
- Defendant encourages before the fact with requisite intent, but not actually or constructively present when the crime is committed.
- What is accessory after the fact?
- After the commission of a crime defendant does afirmative act to harbor or aid a felon to avoid capture, etc. Defendant must know felony was committed or perp was charged.
- What is the mcnaghten rule?
- Person is insane at the time of act if:
1. They did not know the nature and quality of act he was doing or;
2. If he did know, he did know what he was doing.
- What is the ALI test for insanity?
- Person is insane if they lack substantial capacity to
1. appreciate the criminality or the wrongfulness of conduct or
2. conform their conduct to the requirement of the law.
- What is the durham test for insanity?
- Person is insan if any abnormal condition of the mind substantially affects mental or emotional process and substantially impairs behavioral control
- What is self defense?
- a person can use self defense, it must be reasonable force to repel the threat. A third person can only use force that the victim could have used.
- What is the rules regarding use of deadly force?
- Can only be used when reasonable to protect person from deadly force or threat of serious bodily harm. Majority there is no duty to retreat Minority- you must retreat if the opportunity presents itself.
- Discuss crime prevention
- Can use force necessary to prevent crime. Deadly force only if substantial risk that suspect will causedeath or serious bodily harm, but no mistake is allowed.
- Discuss public authority
- Police authorized to make arrest on reasonable or probable cause. Modernly police must be present during he commission of crime.
- What is domestic authority?
- A parent or school administrator.
- What is the barf for an act?
- · Barf for Act: An occurrence, which is affirmative manifestation of the actor’s voluntary will, or a nonoccurrence that is an omission to act when there is a legal duty to do so.
- How might a person be held to have a duty to act?
- 1. statute
4. voluntary assumedthe care or rescue of another
- What is the barf for Intentionally?
- · The actor acts intentionally if he acts with the conscious objective or purpose to cause the harm or has knowledge that the harm is substantially certain to occur as a result of the conduct.
- What is general intent?
- the actor desired to commit the act, hich is the actusrea of the crime
- What is specific intent?
- In addition to having the general intent the actor desired to do some future act or to do achieve some furtherconsequence or that the actor has the intent to act ith knoledge of a statutory attendant circumstance
- what is purposefully?
- A person acts purposefully if it is his conscious object to engage in conduct of that nature or to cause such a result.
- What is knowingly?
- the actor acts "knowingly" if he acts with awarenes of a material fact, or correctly believes that it exists, and that fact is arequired element of the offense.
- What is recklessly?
- a person acts recklesly if he acts in conscious disregard of a very substantial and unjustifiable risk or which he was subjectively aware.
- What is the irresistibl impulse test?
- A person is insane if at the time of the offense:
1. she acted from an irresistible and uncontrollabe impulse;
2. she lost the power to choose between right and wrong, and to avoid doing the act in question as that her freeagency was at the time destroyed
3. the defendant's will has been otherwise than voluntarily so completly destroyed that her actions are not subjct to it but are beyond her control.
- What is the federal test for insanity?
- a person is excused if she proves by clear and convincing evidence that, at the time of the offense, as the result of a sever mental disease or defect, she was unable to appreciate:
1. the nature and quality of her conduct
2. the wrongfulness of her conduct.
- What is entrapment?
- a law-enforcment officer's or govt agent's inducement of a person to commit a crime, by means of fraud or undue persuasion, in an attempt to later bring a criminal proseution against that person.
- What is the california test for entrapment?
- We review to see if the law enforcement officers actions would have induced a normally law abiding citizen to commit the crime. (predisposition is not relevant)
- What is the federal test for entrapment?
- The prosecution must prove beyond a reasonable doubt the defendant was predisposed to commit the crime prior to being approached by the govt agent. (If the govt induced the action, the defense will fail if predisposition can be shown)Govt has the burden of proof. It is not an affirmative defense. Must be proven beyond a reasonable doubt.
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