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Flashcards in Criminal Law Deck (26):
1

Murder

An unlawful killing of a human being with malice aforethought

2

Express malice

The deliberate intention to unlawfully take a life.

3

Implied malice

There is no clear provocation or where circumstances show a reckless disregard for life or an abandoned and malignant heart.

4

Felony murder

A killing proximately caused during the commission or attempted commission of a serious or inherently dangerous felony. It includes intentional and accidental killing, as well as liability for the acts of one's accomplices. (Burglary, Arson, Rape, Robbery, Kidnapping)

5

First Degree Murder

Intent-to-kill murder

6

Second Degree Murder

Murder that does not meet the requirements of first degree murder

7

Voluntary Manslaughter

An intentional killing mitigated by adequate provocation or other circumstances negating malice aforethought.

8

Adequate provocation

Voluntary manslaughter. "such that a reasonable person would lose self-control."

9

Imperfect Self-Defense

Can mitigate murder to voluntary manslaughter where a defendant was either at fault in starting an altercation, or unreasonably, but honestly, believed that harm was imminent or that deadly force was necessary.

10

Involuntary Manslaughter

An unintentional killing resulting without malice aforethought caused by either reckless or criminal negligence or during the commission or attempted commissions of an unlawful act.. Criminal negligence = high degree or risk of death or serious bodily injury

11

Kidnapping

An unlawful, restraint of a person's liberty by force or show of force so as to send them to another location

12

Rape

Unlawful sexual intercourse by a male person with a female without her consent.

13

Larceny

trespassory taking and carrying away of the tangible personal property of another with the intent to permanently deprive the owner thereof.

14

Embezzlement

The fraudulent conversion or misappropriation of the property of another by one who is already in lawful possession.

15

Robbery

Larceny, plus taking must be from the person or presence of the victim and the taking must be by force or by intimidation or the threat of violence.

16

False Pretenses

A false representation of a present or past material fact by the defendant, which causes the victim to pass title to his property to the defendant who knows his representation to be false.

17

Larceny by Trick

Defendant obtains possession of the personal property of another by means of a representation or promise that he knows is false at the time he takes possession.

18

Receiving Stolen Property

The receiving of stolen property known to be stolen with the intent to permanently deprive the owner. The defendant must know or actually believe that the property is stolen.

19

Burglary

The breaking and entering of the dwelling house of another with the intent to commit a felony within. GA requires only a entering or remaining in the location without authority. Also, felony or any theft is GA is acceptable.

20

Arson

The malicious burning of the dwelling of another. There must be at least some charring of the premises. In GA.
First = Dwelling
Second = Any building or vehicle
Third = property over $25

21

Solicitation

Enticing, advising, inciting, inducing, urging, or otherwise encouraging another to commit a felony or breach of the peace.

22

Attempt

The specific intent to bring about a criminal result, and a significant over act in furtherance of that intent. In GA, "substantial step towards the commission of the crime."

23

Legal Impossibility

The defendant did all those things he intended to do, but his acts did not constitute a crime.

24

Conspiracy

An agreement between two or more persons to commit a crime or to commit a lawful act by criminal means. GA requires an "overt act" in furtherance of the conspiracy

25

Accomplice

An individual who gives assistance or encouragement, or fails to act where he has a legal duty to oppose the crime of another, and purposefully intends to effectuate commission of the crime.

26

Search

Government intrusion into space or activities where an individual has a reasonable expectation of privacy.