Glossary of Criminal Law Midterm
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- The unlawful killing of another human being with malice aforethought, express or implied. Express Malice is the intent to kill. Implied Malice is the intent to inflict great bodily harm, awareness and disregard of a great risk to human life, and death occuring during the commission of an inherently dangerous felony (Felony-Murder-Rule).
- 1st Degree Murder
- A deliberate, premeditated, wilful killing; OR death by lying in wait, poison, torture, explosion, or sex offense on a minor; OR death during the commission of certain felonies such as rape, robbery, arson, burglary.
- Voluntary Manslaughter
- The unlawful intentional killing of another human being without malice aforethought, engendered by adequate provacation. The test: (1)adequate provocation, (2)heat of passion, (3)no-cooling off period, and (4)causal connection.
- Involuntary Manslaughter
- the unlawful unintentional killing of another human being without malice aforethought by criminal negligence, or the Misdemeanor-Manslaughter Rule (death occuring during the commission of a misdemeanor malum en se, or a non-inherently dangerous felony)
- The wilful and wrongful taking of one's own life.
- An attempted battery, or the intentional placing of another in apprehension of receivig an immediate battery. Furthermore, every actual battery includes an assault.
- Aggravated Assault (includes Assault with a Deadly Weapon)
- An assault with a felonious intent
- Merger Doctrine
- (1) Was the crime assault-based?
(2) Was there an independent felonious purpose?
If so, the Merger Doctrine would apply in some jurisdictions.
- The unlawful application of force to the person of another.
- Rape (Common Law)
- the unlawful carnal knowledge of a female person without her consent, other than the wife of the accused.
- Statutory Rape
- the unlawful carnal knowledge of a willing female child under the age of consent.
- False Imprisonment
- the unlawful confinement of a person.
- Kidnapping (Common Law)
- the forcible abduction or stealing away of a man, woman, or child from his own country and sending him into another.
- Agravated Kidnaping
- a kidnapping where the victim is either held for ransom or has been harmed or injured.
- Maliciously depriving another of the use of such of his members as may render him less able, in fighting, either to defend himself or to annoy his adversary. Modernly mayhem is maliciously maiming or disfiguring of another.
- The pre-arranged fighting with deadly weapons.
- the tresspassory breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony or petty theft. Modernly burglary is the entering of any structure with the intent to commit a felony or petty theft.
- the malicious burning of the dwelling house of another. Modern arson is the malicious burning of any structure.
- the tresspassory taking and carrying away of the personal property of another with the intent to permanently deprive. Modernly, this falls under a statutory Theft charge.
- the tresspassory taking and carrying away of personal property in the presence of the possessor by force or fear with the intent to permanently deprive.
- the fraudulent conversion of the personal property of another to whom it was entrusted either by or for the owner.
- Actuas Reas
- Voluntary Act Requirement. A willed Muscular contraction.
- False Pretense
- knowingly and designedly obtaining the property of another by means of untrue representations of fact with intent to defraud.
- Mens Rea
- Latin: "a guilty mind".
- moderntly the elements of larceny, embezzlement, and false pretense are all combined under one statute.
- Receiving Stolen Property
- receiving property with the knowledge it is stolen and without it having lost its stolen character.
- Malicious Mischief
- the malicious destruction of, or damage to, the property of another.
- the fraudulent making of a false writing having apparent legal significance.
- the offering as genuine an instrument known to be false, with intent to defraud.
- the unlawful making of money in the similitude of the genuine. Modernly counterfeiting is the unlawful making, in the similitude of the genuine, of any false money, or of any false obligation or other security of the US or of any foreign government.
- the corrupt collection of an unlawful fee by an officer under color of office, with no proof of threat, force, or duress required.
- Statutory Blackmail
- either (1)the extraction of money or other value by means of an unlawful threat, or (2)an unlawful threat made for that purpose.
- Attempted Murder
- the unlawful attempted killing of another human being with express malice aforethought.
- Statutory Joy Riding
- the trespassory taking and carrying away of an automobile of another without the intent to permanently deprive.
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