Glossary of criminal law terms
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- What are specific intents crimes?
- FAR BECALMS; false imprisonment, attempt, robbery, burglary, embezzlement, conspiracy,assault,larceny, pre-meditated murder, solicitation
- What are malice crimes?
- Murder and Arson
- What are the elements of solicitation?
- inciting, counseling, advising, etc, another to commit a Felony with the specific intent that the person solicited commit the crime. The crime is complete when the solicitation is made.
- What is criminal attempt?
- 1)a specific intent to commit the crime; and, 2) an over act in furtherence of the crime
- Can one withdraw from an attempt?
- Generall, withdrawal is no defense. However, under MPC withdrawal is a defense if 1)it is fully voluntary and 2) it is a complete abandonment, not just a desire to postpone or find another victim.
- What are the four tests for insanity?
- 1) McNauhton; no awareness of right/wrong, criminal purpose.2) Irresistable impulse; focuses on control 3) Product: No responsibility for a crime because the illness caused it 4) Model Penal Code; combines first 2 tests. If mental illness caused substantial impairment of ability to appreciate wrongness of act or to conform conduct to law
- Is voluntary intoxication a defense?
- Only to specific intent crimes.
- Is mistake of fact a defense?
- Only if it negates a required state of mind.
- Does a mistake have to be reasonable?
- FOr malice and general intent crimes, reasonableness is required for specific intent crimes, it only has to be in good faith.
- What are the elements of entrapment?
- 1. the criminal design must have originated with law enforcement officers; and 2. the defendant must not have been predisposed to commit the crime prior to the initial contact by the government.
- How does the burden go on entrapment?
- If the defendant offers credible evidence on the two elements, the gov. must show predisposition beyond a reasonable doubt.
- What are the elements of criminal battery?
- Unlawful application of force to the person of another resulting in either bodily injury of an offensive touching.
- What state of mind is needed for battery?
- A battery need not be intentional; crimianal negligence is sufficient
- What is aggravated battery?
- 1.deadly weapon is used
2.serious bodily injury
3.the victim is a child, woman of police officer.
- What are the elements to assault?
- 1.Attempt to commit battery of 2. Intentioanl creation, other than by mere words, of a reaonable apprehension in the mind of the victim of imminent bodily harm.
- What is larceny?
- a taking and carrying away of personal property of another by a person in lawful possession of that property
- What are the elements of kidnapping?
- movement of the victim or concealment of the victim in a secret place.
- What is rape?
- unlawful carnal knowledge of woman by a man without her effective consent.
- What are the two types of involuntary manslaughter?
- 1.cRIMINAL NEGLIGENCE
2. Unlawful Act manslaughter (while committing a misdemeaor of felonies that are not violent).
- elements of robbery are:
- 1. a taking of personal property of another from the other's person or presence by force or intimidation with the intent to deprive hime permanently of it.
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