General Principles Flashcards
crime definition
conduct defined as criminal in code, other acts, or constitution
all crimes must be statutorily defined
interpretation of crimes
give provisions genuine construction according to fair import of words taken in usual sense
no creation of crimes by analogy
anything of value definition
corporeal or incorporeal
given the broadest possible construction
dangerous weapon definition
anything which in the manner used
calculated or likely to produce death or GBH
felony definition
crime for which death or hard labor is authorized
misdemeanor definition
any crime not a felony
principals to a crime definition
includes anyone who commits the criminal act
or anyone who aids, abets, counsels, or procures another to commit
whether at scene or not
accessories after the fact definition
after felony
person harbors, conceals, or aids,
with actual or constructive knowledge of felony
PLUS intent to help avoid punishment
criminal intent 2 types
general and specific
general criminal intent
when offender is aware criminal consequences are reasonably certain to result from act or omission
specific criminal intent
when offender actively desired criminal consequences to follow act or omission
this requires “im doing this thing and it’s burglary” or something like this
criminal negligence intent
criminal negligence is a GROSS deviation beyond the standard of care maintained by a reasonable careful man under like circumstances
types of parties to a crime
principal
accessory after the fact
when charging multiple principals
Acts of one principal are attributable to other principals, but the prosecution generally must show that each principal had the mens rea appropriate to the charge against him.
if in a criminal conspiracy one party secretly had no intent to follow through with crime, then
precludes a conspiracy conviction for either party
