Ch. 4 Crimes Against Habitation, Robbery, and Assault (E2) Flashcards

1
Q

This is the crime of burning, via fire, and causing structural degradation with malicious intent of the dwelling of another.

A

What is arson?

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2
Q

The permanent change (degrading) of a structure’s material composition.

A

What is structural degradation?

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3
Q

The place you regularly eat and sleep.

A

What is a dwelling?

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4
Q

In arson, the attending circumstance “of another” refers to…

A

Possession

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5
Q

{ } and { } interests are 2 types of ownership.

A

1) Pecuniary (financial)
2) Proprietary

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6
Q

This is the crime of breaking and entering, with the intent to commit a felony therein, of the dwelling of another at night.

A

What is burglary?

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7
Q

What are the 2 types of “breaking” in burglary?

A

1) Actual
2) Constructive

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8
Q

This form of breaking occurs when physical force is used to effect entry.

A

What is actual breaking?

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9
Q

This form of breaking occurs when one (an offender) causes an unsuspecting party to create an opening for the purpose of allowing the offender to enter unlawfully.

A

What is constructive breaking?

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10
Q

The second component of the actus reus for burglary, referring to criminal trespass.

A

What is entering?

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11
Q

Just as there is active and constructive breaking, there is also active and constructive…

A

Entering

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12
Q

This form of entering refers to the physical insertion of a body part into a prohibited structure.

A

What is actual entering?

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13
Q

This form of entering refers to entry without physical insertion of a body part but with the aid of some mechanical instrument or tool, such as a key.

A

What is constructive entering?

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14
Q

In common law, what is the range of time for a crime being “at night?”

A

From dusk, ‘til dawn

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15
Q

List the 4 components of burglary that were required in common law but are no longer required in modern law.

NOTE: They do enhance the severity of the charge.

A

1) Breaking
2) Dwelling
3) Nighttime
4) Felony

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16
Q

Is “possession of burglary tools” true or strict liability crime?

A

Strict liability

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17
Q

Why is “possession of burglary tools” a strict liability crime?

A

The intent to commit burglary can be inferred from the mere possession of such instruments, that no ordinary person usually have on hand, without some legitimate explanation

18
Q

Is specific or general deterrence used to deter “possession of burglary tools?”

A

Specific

19
Q

For the possession of burglary tools, what 2 factors build constructive intent?

A

1) # of items
2) Rarity

20
Q

The use of threat or force (with general/felonious intent) to take away possession of money or personal property of another from a person’s body or in the person’s immediate presence.

A

What is robbery?

21
Q

What is meant by robbery’s attending circumstance of “immediate presence?”

A

A person is within the vicinity of the robbery/taking

22
Q

The act of depriving someone’s (hence, of another) “right of locomotion” with general intent.

A

What is false imprisonment?

23
Q

False Imprisonment + Substantial Movement =

A

Kidnapping

24
Q

The “substantial movement” aspect of kidnapping is at times followed up with the intent to…

A

Commit a subsequent crime

25
Q

This piece of anti-kidnapping (child custody) legislation states that jurisdiction will ALWAYS remain with the home state, meaning that moving a child to another state in hopes of finding a court for a more favorable custody arrangement is pointless.

A

What is the Uniform Child Custody Jurisdiction Act (1968)?

26
Q

This piece of anti-kidnapping (child custody) legislation eliminates jurisdictional disputes in child custody by allowing the feds to issue and execute warrants for parents fleeing the state to avoid kidnapping charges.

A

What is the Parental Kidnapping Prevention Act (1980)?

27
Q

The threat to harm, with the intent to instill fear, of a person, or property, in the future to gain compliance.

A

What is extortion?

28
Q

Is assault a true or strict liability crime?

A

True crime

29
Q

What are the 2 forms of assault?

A

Attempted & threatened battery

30
Q

What are the 4 components (attending circumstances) of threatened battery?

A

1) Against a person
2) Threat is imminent
3) Threat is credible
4) Victim in fear of harm

31
Q

The nonlethal culmination of an assault.

A

What is battery?

32
Q

What is the actus reus of battery?

A

Bodily contact

33
Q

What is the mens rea of battery?

A

General intent

34
Q

What are the 2 attending circumstances behind battery?

A

1) Of another
2) Injury or substantial pain

35
Q

Unwelcomed pushing, shoving, or advances.

A

What is harassment?

36
Q

What is the key difference between harassment and mutual affray?

A

Mutual affray is welcomed

37
Q

Serious bodily injury (SBI) is characterized by a high probability…

A

Of death

38
Q

Crime possessing most elements of a more serious crime but missing some key component.

A

What is a lesser-included offense?

39
Q

What are the 2 components that differentiate aggravated assault from simple assault?

A

1) Serious bodily injury
2) Mayhem

40
Q

What are the 2 components of mayhem?

A

1) Disablement
2) Dismemberment

41
Q

For what reason have most states done away with battery (not including sexual battery)?

A

Model Penal Code