Criminal Law Flashcards Preview

1L First Semester > Criminal Law > Flashcards

Flashcards in Criminal Law Deck (25):
1

What are the elements of voluntary manslaughter?

1. Intent
2. Reasonable provocation
3. Sudden heat of passion
4. Failed or imperfect self defense

2

What are the elements of rape?

1. Sexual intercourse
2. with a woman who is not the defendant's wife (common law)
3. without consent, or by force

3

What are the defenses to rape?

1. not me
2. no sexual intercourse
3. there was consent
4. mistake of fact (reasonable belief that there was consent)

4

What are the elements of burglary?

1. Breaking (actual or constructive)
2. and entry (any part of the body or tool)
3. of a dwelling house (common law)
4. of another
- not one's own home
- not a place where one has permission
to be
5. at night (common law)
6. with the intent to commit a felony (intent at time of breaking)

5

What are the elements of involuntary manslaughter?

1. Unintentional (no malice)
2. death while committing a:
(a) crime, when felony murder is not
applicable
(b) lawful act done negligently

6

What are the types of malice required for murder?

1. Expressed
- intent to kill
2. Implied
- intent to cause grievace bodily harm
- depraved heart murder
- felony murder

7

What are the elements of murder?

1. Unlawful killing
2. of a human being
3. with malice a forethought

8

What are the elements of robbery?

* Larceny with force
1. Trespassory
2. taking
3. and carrying away
4. the personal property
5. of another
6. with the intent to permanently deprive,
7. by use of force

9

What are the elements of larceny?

1. Trespassory
2. taking
3. and carrying away
4. the personal property
5. of another
6. with the intent to permanently deprive

10

What are the elements of depraved heart murder?

1. Action with a VERY HIGH degree of risk.
2. Defendant is aware of the risk
3. Unjustifiable to take the risk
- due to extreme indifference to human life

11

What are the elements of aiding and abetting?

1. With knowledge
2. provide assistance
3. with intent to promote the crime

12

What are the elements of accessory after the fact?

1. Rendering assistance
2. after a crime
3. to prevent apprehension of the perpetrator

13

What are the elements of criminally negligent homicide?

1. Conscious disregard for victim's security
2. Gross deviation from reasonable conduct in the commission of a lawful act

14

What are the elements of embezzlement?

1. Fraudulent conversion
2. of property
3. of another
4. by a person in lawful possession of the property

15

What are the elements of forgery?

1. False making or material alteration
2. of a writing (which if genuine, would have legal significance)
3. with the intent to defraud

16

What are the elements of solicitation?

1. Inciting, couseling, advising, inducing, urging, or commanding another person to commit a crime
2. with specific intent that the person commits the act

17

What are the elements of conspiracy?

1. An agreement between 2 or more people
2. to commit a criminal act or series of criminal acts

- Common law: no overt act required
- Modern law: guilty if any act in
furtherance of consipracy's goal is within
scope of conspiracy, and is foreseeable

18

What are the elements of false pretenses?

1. Knowingly and designedly
2. obtaining title and possession of property
3. of another
4. by means of untrue representation of important fact
5. with intent to defraud

19

What are the elements of assault?

Modern:
- Attempt to commit a battery

Common law:
1. Intentionally placing
2. another
3. in apprehension
4. of receiving an immediate battery

20

What are the elements of attempt?

1. Specific intent to commit a crime
2. Substantial step(s) taken toward commission of the crime
3. Failure to complete the crime

21

When is heat of passion applicable for voluntary manslaughter?

1. Adequate provocation
- must arouse passion in a reasonable
person
2. No cooling off period
3. Casual connection between the provocation and the intentional act

22

What makes a crime a factual impossibility?

Fortuitous change in circustances that prevents the person from comimitting the offense
- objective is proscribed but there are facts that prevent the defendant form achieving the objective
- not a defense of attempted crime

23

What does an affirmative defense require?

Defendant has the burden of proving the defense

24

What makes a crime a legal impossibility?

When something in the law makes it impossible for the defendant to complete the intended crime.
- if everything the party is trying to do is legal, then none of the parts can be considered illegal
- possible defense of attempted crime

25

What are the elements of battery?

1. Unlawful
2. application of force
3. to another person
4. resulting in bodily injury or offensive touching