C Flashcards

1
Q

HOMICIDE

A

1) MURDER
2) MANSLAUGHTER

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2
Q

INTENT TO KILL- MURDER:

A

PREMEDITATED KILLING

SPECIFIC INTENT

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3
Q

INTENT TO INFLICT SRS BODILY HARM

A

NO SPECIFIC INTENT TO KILL

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4
Q

FELONY MURDER

A

A DEATH OCCURS WHILE COMMITTING A DANGEROUS FELONY

BURGLARY
ARSON
RAPE
ROBBERY
KIDNAPPING

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5
Q

DEPRAVED HEART

A

RECKLESS DISREGARD FOR HUMAN LIFE

(KNEW OR SHOULD HAVE KNOWN SOMEONE COULD DIE)

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6
Q

MANSLAUGHTER

A

VOLUNTARY

INVOLUNTARY

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7
Q

VOLUNTARY MANSLAUGHTER

A

ADEQ PROVACTION
HEAT OF PASSION
NO TIME TO COOL OFF

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8
Q

INVOLUNTARY MANSLAUGHTER

A

NEGLIGENT CONDUCT CAUSING A DEATH

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9
Q

RECKLESSNESS

A

KNEW OR SHOULD HAVE KNOWN OF THE CONSEQUENCES

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10
Q

NEGLIGENT V RECKLESS

A

RECKLESS= PPL PRESENT

NEGLIGENT= NO PPL PRESENT

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11
Q

IMPERFECT SELF DEFENSE

A

USE OF EXCESSIVE FORCE

HONEST BELIEF

VOLUNTARY MANSLAUGHTER

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12
Q

PARENT NEGLECTING A CHILD

A

PARENT DOES NOT GIVE CARE TO CHILD

INVOLUNTARY MANSLAUGHTER

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13
Q

SPECIFIC INTENT CRIMES

A

LARCENY

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14
Q

LARCENY

A

1) TRESPASSORY TAKING
2) CARRYING AWAY
3) PERSONAL PROP OF ANOTHER
4) W INTENT TO PERM DEPRIVE

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15
Q

CONTINUING TRESPASS

A

EXCEPTION TO LARCENY
WRONGFUL TAKING W/O PERMISSION

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16
Q

BURGLARY

A

1) BREAKING AND ENTERING
2) DWELLING OF ANOTHER
3) AT NIGHTTIME
4) W INTENT TO COMMIT A FELONY

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17
Q

BURGLARY- INTENT:

A

INTENT MUST BE PRESENT AT THE MOMENT OF THE BREAKING

FELONY DOES NOT HAVE TO BE ACTUALLY COMMITTED

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18
Q

LARCENY MERGES INTO

A

ROBBERY

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19
Q

ROBBERY

A

1) TRESPASSORY TAKING
2) CARRYING AWAY
3) PROP OF ANOTHER
4)BY FORCE, INTIMIDATION , OR FEAR

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20
Q

ASSAULT

A

INTENT TO COMMIT A BATTERY

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21
Q

ASSAULT-TORT

A

INTENT TO PLACE ANOTHER IN IMMINENT FEAR

WORDS ARE NOT ENOUGH

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22
Q

LARCENY BY TRICK

A

OBTAIN POSSESSION TO PROPERTY BY FALSE STATEMENT

(1 WAY)

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23
Q

FALSE PRETENSES

A

OBTAIN TITLE BY FALSE STATEMENT

(2 WAY)

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24
Q

EMBEZZLEMENT

A

1) LAWFUL POSSESSION OF PERSONAL PROPERTY

2) CONVERTED FOR OWN USE

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25
RECEIVING STOLEN PROPERTY
1) PHYS POSSESSION OF STOLEN PROPERTY 2) KNOWLEDGE THAT IT WAS STOLEN 3) INTENT TO KEEP
26
FORGERY
1) FRAUDULENT MAKING OF A FALSE DOC 2) W LEGAL SIGNIFICANCE 3) INTENDED WRONGFUL USE
27
ACCOMPLICE LIABILITY
1) SPECIFIC INTENT TO ACHIEVE THE CRIME 2) AID/ABET THE COMPLETION OF THE CRIME
28
ACCOMPLICE IS GUILTY OF __ CRIMES COMPLETED
ALL
29
ACCESSORY B4 THE FACT
NOT PRESENT AT SCENE OF CRIME
30
ACCESSORY AFTER THE FACT
1) FELONY COMPLETED 2) KNOWLEDGE OF COMPLETED CRIME 3) AID TO AVOID ARREST/CONVICTION
31
GENERAL INTENT CRIMES
1) NO SPECIFIC INTENT REQ'D 2) THE ACT ITSELF IS ENOUGH
32
BATTERY
THE UNLAWFUL APPLICATION OF FORCE
33
ARSON
MALICIOUS BURNING OF THE DWELLING OF ANOTHER MALICIOUS= RECKLESS (KNEW OR SHOULD HAVE KNOWN)
34
RAPE
1) UNLAWFUL SEXUAL INTERCOURSE 2) BY MALE W A FEMALE 3) W/O CONSENT
35
KIDNAPPING
UNLAWFUL RESTRAINT OF A PERSONS FREEDOM BY FORCE
36
GENERAL INTENT CRIMES
BATTERY RAPE ARSON KIDNAPPING
37
INCHOATE CRIMES
1) ATTEMPT 2) CONSPRIRACY 3) SOLICITATION
38
ATTEMPT
1) INTENT TO COMMIT CRIME 2)OVERT ACT/SUBSTANTIAL STEP
39
ATTEMPT- MERGER AND WITHDRAWAL
MERGES INTO COMPLETED CRIME CANNOT WITHDRAW AFTER SUBSTANTIAL STEP
40
CL CONSPIRACY
1) TWO OR MORE PPL 2) SPECIFIC INTENT TO COMMIT CRIME 3) AGREEMENT
41
MPC- UNILATERAL CONSPIRACY
ONLY 1 PERSON HAS TO AGREE
42
CO CONSPIRATOR LIABILITY
LIABLE FOR ALL CRIMES COMMITTED IN FURTHERANCE OF CONSPIRACY
43
CONSPIRACY- MERGER
DOES NOT MERGE INTO COMPLETED CRIME GUILTY OF BOTH CONSPIRACY AND UNDERLYING CRIME
44
CONSPIRACY- WITHDRAWAL
CANNOT WITHDRAW FROM THE CONSPIRACY CAN WITHDRAW FROM OTHER CRIMES COMMITTED BY TIMELY NOTICE
45
SOLICITATION
ENCOURAGE, URGE, INCITE ANOTHER TO COMMIT A CRIME
46
SOLICITATION - MERGER & WITHDRAWAL
MERGES INTO COMPLETED CRIME CANNOT WITHDRAW
47
INSANITY-M'NAGHTEN TEST
1) MENTAL DISEASE 2) CANNOT APPRECIATE "NATURE AND QUALITY" OF ACTION 3) CANNOT UNDERSTAND WHAT YOU ARE DOING IS WRONG
48
INSANITY-MPC
D LACKED "SUBSTANTIAL CAPACITY" TO APPRECIATE CRIMINAL CONDUCT
49
INSANITY-STANDARD OF PROOF
CLEAR AND CONVINCING
50
VOLUNTARY INTOXICATION
VOLUNTARILY GETTING DRUNK DEFENSE TO SPECIFIC INTENT CRIMES
51
INVOLUNTARY INTOXICATION
INTOXICATION W/O KNOWLEDGE/CONSENT DEFENSE TO ALL CRIMES
52
MISTAKE- SPECIFIC INTENT CRIME
REASONABLE AND UNREASONABLE MISTAKE ARE DEFENSES
53
MISTAKE- GENERAL INTENT CRIME
REASONABLE MISTAKE ONLY IS A DEFENSE
54
LEGAL IMPOSSIBILITY
ALWAYS A DEFENSE ELEMENTS OF THE CRIME WERE NOT MET
55
ENTRAPMENT
1) LAW ENFORCEMENT CREATES CRIM ACTIVITY 2)D NOT PREDISPOSED TO COMMIT CRIME
56
FACTUAL IMPOSSIBILITY
NEVER A DEFENSE ELEMENTS OF THE CRIME WERE MET
57
DURESS
REASONABLE BELIEF OF THREAT OF GREAT BODILY HARM
58
EXCEPTION TO DURESS
NEVER A DEFENSE TO MURDER
59
SELF DEFENSE
REASONABLE BELIEF IF IMMINENT DANGER BODILY HARM RETURN THE SAME LEVEL OF FORCE DEADLY FORCE ONLY ALLOWED FOR DEADLY FORCE
60
DEFENSE OF PROPERTY
1) REASONABLE FORCE TO DEFEND PROPERTY 2) NEVER DEADLY FORCE UNLESS FEAR OF BEING KILLED
61
UPON REQUEST A CT SHOULD INSTRUCT THE JURY ON A LESSER INCLUDED OFFENSE IF
ON THE EVID PRESENTED THE JURY MAY RATIONALLY ACQUIT THE D OF THE CHARGED OFFENSE BUT CONVICT OF THE LESSER OFFENSE
62
A JURYS CONVICTION ON A LESSER CHARGE CONSTITUTES
AN IMPLIED ACQUITTAL OF A GREATER CHARGE, THUS BARRING RETRIAL ON THT GREATER CHARGE