Misc Crimes Flashcards
(74 cards)
1
A
JDRC (Juvenile and Domestic Relations Court)
2
Q
What are the basic elements of Contributing to the Delinquency of a Minor?
A
- Defendant (D) must be 18 years or older.
- D must willfully contribute, encourage, or cause an act, omission, or condition.
- This act/omission/condition renders the child:
* Delinquent
* In need of services
* In need of supervision
* Subject of Abuse and Neglect (including big nasties)
3
Q
Define “Delinquent” in the context of Contributing to the Delinquency of a Minor.
A
A child who commits a crime, violates a court order, or DUI refusal
4
Q
Define “In Need of Services” (CHINS) and its elements
A
A child is “In Need of Services” if:
- There’s a serious threat to their well-being / clear and substantial danger to their life or health (must be an ongoing situation, not a one-time event like the DUI parking lot example).
- The child needs treatment, rehabilitation, or services they aren’t currently receiving.
- Court intervention is essential to provide those needed services. (Also applies if under 14 and a threat to another).
5
Q
Define “In Need of Supervision” and its elements.
A
A child is “In Need of Supervision” if:
- They are away from home when they shouldn’t be (e.g., runaway) presenting a clear and substantial danger.
- The child or their family needs treatment, rehabilitation, or services.
- Court intervention is essential to provide those needed services.
6
Q
Who can be charged with Child Abuse or Neglect?
A
Parents or persons acting in loco parentis (e.g., teachers, coaches, babysitters, etc.). Determination is based on common sense.
7
Q
What constitutes Child Abuse or Neglect (Definition 1)?
A
- Creating, inflicting, or allowing a physical or mental injury on a child by other than accidental means.
- This injury creates a substantial risk of death or impairs a bodily function. (Mental injury counts).
8
Q
Can the sale or manufacture of drugs (in a way that affects the child) constitute Child Abuse or Neglect?
A
Yes.
9
Q
What constitutes Child Abuse or Neglect (Definition 3)?
A
Having sex or committing certain sexual acts (“big nasty”) with a child 15 years or older who is not the accused’s spouse, child, or grandchild.
10
Q
What generally does not constitute Child Abuse or Neglect based on the notes?
A
- Allowing age-appropriate independent activities without supervision (e.g., child riding bike).
- Accidental injuries.
- Merely failing to prevent bad behavior if no encouragement was given (e.g., mom trying to discourage son/friends smoking).
- Being a “lousy parent” without specific acts meeting the definitions.
- Actions involving an emancipated minor.
- One-time lapse like failing to lock a door when a child leaves (unless part of a pattern/severe neglect).
11
Q
Give examples of situations that could be Child Abuse or Neglect based on the notes.
A
- 3-year-old running around the street unsupervised.
- Living with a violent sex offender (unless offender is father or married to mother).
- Leaving a child in a car (depends on circumstances - hot car, duration, locked doors).
- Parent getting drunk/passing out, leading to 3-year-old walking into highway.
- Soliciting oral sex from a minor.
12
Q
What is Felony Abuse and Neglect?
A
A willful act or omission by a parent/person in loco parentis that causes or permits a serious injury to the life or health of a child. Requires reckless disregard for human life or behavior that is grossly negligent.
13
Q
What factors are considered in a Felony Abuse and Neglect analysis?
A
- Is the person a parent or acting in loco parentis?
- Was the behavior reckless or the injury serious?
- Was there reckless disregard for human life?
- If an omission, was it sufficient?
- Was a serious injury actually caused or allowed?
14
Q
Give examples of Felony Abuse and Neglect from the notes.
A
- Running an unlicensed daycare (willful act leading to potential harm).
- Mom not getting medical care for a child being beaten by the father.
- Mom doing nothing while child is being beaten by the father.
- Dad knowing older son strangled younger, telling lies, not getting medical help despite serious symptoms (vomiting, bruises), leading to death.
- Parent not seeking medical care for child with obvious serious head injury (“mushy head”), leading to death.
- Reckless drunk driving with a child.
- Parent repeatedly allowing a 5-year-old to wander off while attending meetings.
15
Q
Give examples not considered Felony Abuse and Neglect from the notes.
A
- Accidentally burning a child’s feet but providing some care afterward.
- Leaving a 5-year-old alone in an unlocked car for 15 minutes (likely not serious enough risk/injury)
- Child dying accidentally (falling into septic tank) while parent napped after taking prescribed medication (no willful act/reckless disregard shown).
16
Q
Define Malicious Wounding.
A
Shooting, stabbing, cutting, or wounding another person with the intent to maim, disfigure, disable, or kill.
17
Q
Define “Malicious” in the context of Malicious Wounding.
A
- Doing a wrongful act intentionally.
- Without just cause or excuse.
- With ill will.
18
Q
How is intent proven in Malicious Wounding?
A
- Can be inferred or imputed from the circumstances.
Factors considered: - Brutality or viciousness of the offense.
- Use of a deadly weapon (creates presumption).
- Age, size, weight advantage.
- Whether the act was a foreseeable, probable consequence (e.g., reckless driving escape).
- Continuing an attack after the victim is down.
- Nature of the act (e.g., sucker punch + broken bones, choking, releasing pitbull).
- Attacking a defenseless victim.
- Involvement in a group beating (responsible for group’s actions if nexus exists)
Transferred intent applies.
19
Q
What constitutes a “wound” in Malicious Wounding?
A
Can be relatively minor, such as blood running from the face. The intent is the crucial element
20
Q
Does “heat of passion” typically work as a defense to Malicious Wounding?
A
No, usually it does not negate the malicious intent required. It might reduce the charge to Unlawful Wounding, but we won’t consider this.
21
Q
Give examples of Malicious Wounding from the notes.
A
- Sucker punch followed by attacking bystanders.
- Sucker punch causing broken facial bones.
- Choking someone against a wall.
- Hitting someone in the face with a plastic cup in jail (requiring stitches).
- Throwing an old lady against a wall while robbing her.
- Continuing to punch someone after they are down.
- Releasing a pitbull to attack someone.
- Tattooing kids without consent while they are screaming (disfigurement).
22
Q
What is Unlawful Wounding?
A
A lesser charge than Malicious Wounding. May apply if the wounding occurred in the “heat of passion” (negating malice). Prosecutors often charge Malicious Wounding and let the court decide.
23
Q
What is Aggravated Malicious Wounding?
A
Malicious Wounding that results in permanent AND significant physical impairment.
24
Q
Give examples of permanent and significant physical impairment for Aggravated Malicious Wounding.
A
- Scars still visible after 5 months.
- Walking with a limp.
- Chronic pain.
- Loss of use of limbs or significant decrease in quality of life.
- Being shot (likely qualifies at the probable cause stage).
25
What is DUI Maiming?
Driving under the influence (DUI) with gross, wanton, and reckless disregard for human life, which causes *serious bodily injury* to another person.
26
What is an equivalent charge to Malicous Wounding mentioned in the notes?
Reckless endangerment of others by throwing objects from places higher than one story.
27
What are the elements of Abduction?
1. Any person (except law enforcement acting lawfully).
2. Uses force, intimidation, or deceit.
3. Without legal justification or excuse.
4. Seizes, takes, transports, detains, or secretes another person.
5. With the intent to deprive that person of their liberty OR withhold/conceal them from any person, authority, or institution.
28
Explain "Intimidation" in the context of Abduction.
* Does not require a direct threat.
* Requires creating a reasonable fear of harm in the victim.
* Past instances of conduct can contribute to the fear.
* Example: Pulling behind a government worker who pulled into a driveway and yelling aggressively.
29
Explain the "Incidental Detention Rule" for Abduction.
Abduction should not be charged if the detention is merely incidental to a separate offense (e.g., telling someone "don't move" while pointing a gun during a robbery).
Consider:
* Duration of detention?
* Occurred during the separate offense?
* Was detention inherent/necessary for the separate offense? (If yes, likely incidental).
* Did detention create an independent or greater danger?
* Was detention used to avoid detection?
30
When is detention not considered incidental and can be charged as Abduction alongside another crime?
* When the movement or detention is *not* essential to commit the other crime (e.g., making robbery victims move to a back room).
* When it creates a separate or greater danger (e.g., dragging a victim into woods to rape them).
* When it's done to avoid detection.
* Example: Putting hand over mouth and taking victim down steps; luring someone into a van to assault them.
31
Does the victim need to be aware they are being abducted?
No, the victim does not need to be aware.
32
When is the intent element of Abduction generally assumed?
Intent to deprive of liberty is generally assumed unless the means used was deception/deceit.
33
What is Aggravated Abduction (Intent to Defile)?
Abduction committed with the intent to sexually molest the victim (defile). Can include acts like a 20-second unwanted hug.
34
What is Aggravated Abduction (Intent to Extort)?
Abduction committed with the intent to extort money or gain any pecuniary benefit.
Examples: Ransom, forcing someone to pay off a debt, using someone as a human shield.
35
Example: Parent has a DUI parking lot accident with their child in the car. The child calls 911. Is this Contributing to the Delinquency (making child In Need of Services)?
Likely No, according to the notes.
*Why*? It was framed as a one-time event, the parent took the prescribed medication and amount, and there was no evidence of an ongoing dangerous situation requiring court intervention for services.
36
Example: A child runs away from home. What category might this fall under for Contributing to Delinquency?
In Need of Supervision (if it presents a clear and substantial danger and the child/family needs services requiring court intervention).
37
Example: A 3-year-old child is running around unsupervised in the street. Could this be Child Abuse/Neglect?
Yes, likely constitutes neglect due to failure to supervise, creating a dangerous situation.
38
Example: A child is living with a known violent sex offender. Could this be Child Abuse/Neglect?
Yes, *unless* the offender is the child's father or is married to the child's mother (blood or marriage exception noted).
39
Example: Leaving a child unattended in a car. Could this be Child Abuse/Neglect?
Depends on the circumstances, but often Yes. Factors include:
* Is it a hot car?
* How long were they left?
* Were the doors locked/unlocked?
* Age of the child.
40
Example: Parent failed to lock the door, or failed to wake up when their son left home (for the second time). Is this Child Abuse/Neglect?
Likely No, according to the notes. Framed as insufficient willful omission or creation of substantial danger, possibly leaning towards accidental or simple lack of supervision rather than criminal neglect.
41
Example: Parent gets drunk, passes out, and their 3-year-old child walks into the highway. Is this Child Abuse/Neglect?
Yes, likely constitutes neglect due to the parent's willful act (getting drunk to the point of incapacitation) creating a clear and substantial danger.
42
Example: Mom finds her son and his friends smoking in the garage and tries to discourage them. Is this Contributing to Delinquency?
No. The statute requires one to encourage or cause the delinquency. Merely failing to stop it, or trying to discourage it, is not enough.
43
Example: Parent accidentally burns a child's feet but provides some level of care afterward. Is this Felony Abuse/Neglect?
No. Felony Abuse requires a willful act or omission causing serious injury, or reckless disregard. Accidental injury, especially with some care provided, doesn't meet this standard.
44
Example: A 5-year-old child is left alone in an unlocked car for 15 minutes. Is this Felony Abuse/Neglect?
Likely No, according to the notes. While potentially neglect, it might not rise to the level of *serious injury or reckless disregard for human life* required for the felony charge in this specific example.
45
Example: A child is being beaten by their father. The mother knows but doesn't take the child to the doctor. Can the mother be charged with Felony Abuse/Neglect?
Yes. This is an omission (failure to provide necessary medical care) that permits a serious injury to the child's health.
46
Example: A child is being beaten by their father. The mother knows but does nothing to intervene or protect the child. Can the mother be charged with Felony Abuse/Neglect?
Yes. This is a willful *omission* (failure to protect) that allows serious injury, showing reckless disregard.
47
Example: Dad knows older son beats/strangles younger son, tells kids to lie to police, doesn't get medical help despite serious symptoms (vomiting, bruises), leaves kids together, younger son dies. Felony Abuse/Neglect for Dad?
Yes. This shows a pattern of willful acts and omissions demonstrating reckless disregard for the child's life, allowing serious injury leading to death.
48
Example: Parent notices child's head is "mushy" after an injury, sees it getting worse, but doesn't seek medical care. Child dies. Felony Abuse/Neglect?
Yes. Willful omission (failure to provide necessary medical care for a clearly serious injury) leading to death.
49
Example: Parent attends a meeting for an hour, during which their 5-year-old child repeatedly wanders off unsupervised. Felony Abuse/Neglect?
Yes, according to the notes. This pattern of allowing a young child to wander off demonstrates a reckless disregard potentially leading to serious harm.
50
Parent is napping after taking prescribed Nabloxone. Their child wanders outside and accidentally falls into a septic tank and dies. Felony Abuse/Neglect?
No. The death was accidental, not caused by a willful act or omission showing reckless disregard related to the parent's conduct (could have happened even if parent was awake and child was playing outside). Taking prescribed medication isn't inherently reckless
51
Example: Defendant finds their ex-partner with a new partner and attacks in the "heat of passion." Does this typically negate the "malice" for Malicious Wounding?
No. Heat of passion usually doesn't negate malice for Malicious Wounding, although it might be relevant for reducing the charge to Unlawful Wounding
52
Example: A driver acts with extreme recklessness trying to get away from police, causing injury to someone. Can intent for Malicious Wounding be inferred?
Yes. Intent can be inferred if the injury was a foreseeable consequence of the reckless act.
53
Example: A single punch is thrown. Is intent for Malicious Wounding presumed?
No, there's generally a presumption against intent with just one punch, but this presumption is easily overcome by other factors (e.g., severity, sucker punch, context).
54
Example: Defendant delivers a sucker punch, then attacks bystanders. Does this support intent for Malicious Wounding?
Yes. The context and continuation of violence help infer malicious intent.
55
Example: Defendant delivers a sucker punch causing broken facial bones. Does this support intent for Malicious Wounding?
Yes. The severity of the injury resulting from the punch helps infer intent.
56
Example: Defendant chokes someone against a wall. Does this support intent for Malicious Wounding?
Yes. The nature and violence of the act (choking) strongly infer intent to maim, disable, or kill.
57
Example: Defendant hits someone in the face with a plastic cup in jail (requiring stitches) because they were a "snitch." Malicious Wounding?
Yes. Caused a wound (breaking skin requiring stitches) with apparent malicious intent.
58
Example: Defendant throws an old lady against a wall while robbing her. Malicious Wounding?
Yes. Use of force causing potential injury during another felony supports malicious intent
59
Example: Defendant keeps punching the victim after they are already down. Does this support intent for Malicious Wounding?
Yes. Continuing an attack on a defenseless person shows brutality and infers malicious intent.
60
Example: Defendant intentionally releases a pitbull to attack someone. Malicious Wounding?
Yes. Using an animal as a weapon infers intent to cause serious injury.
61
Example: Defendant tattoos children without their consent while they are screaming. Malicious Wounding?
Yes, because tattooing without consent can be considered "disfigurement" under the statute.
62
Example: Scars are still visible 5 months after the wounding incident. Does this meet the standard for Aggravated Malicious Wounding?
Yes, this could qualify as "permanent and significant physical impairment."
63
Victim walks with a limp after the wounding incident. Does this meet the standard for Aggravated Malicious Wounding?
Yes, this could qualify as "permanent and significant physical impairment."
64
Example: Victim suffers chronic pain after the wounding incident. Does this meet the standard for Aggravated Malicious Wounding?
Yes, this could qualify as "permanent and significant physical impairment."
65
Example: Victim was shot during the incident. Does this likely meet the standard for Aggravated Malicious Wounding at the probable cause stage?
Yes, being shot is highly likely to cause permanent and significant physical impairmen
66
Example: Defendant pulls their car behind a government worker who had pulled into a driveway, gets out, and yells aggressively. Is this "intimidation" for Abduction?
Yes. This creates a reasonable fear of harm, even without a direct threat, sufficient for intimidation.
67
Example: During a robbery, the robber points a gun at the clerk and says, "Don't move." Is this Abduction?
No. This is likely incidental detention – the brief detention is inherent in and necessary for the robbery itself.
68
Example: Assailant drags a girl away into the woods to rape her. Is the dragging Abduction?
Yes. The movement (dragging away) is not incidental to the rape; it increases the danger and facilitates the crime in a separate way.
69
Example: Assailant puts a hand over the victim's mouth and takes them down a few steps. Is this Abduction?
Yes. Even slight movement, if not inherent in another crime and intended to deprive liberty, can be abduction.
70
Example: During a robbery, the robber points a gun at the clerk and says, "Go open the register." Is making the clerk move to the register Abduction?
No. This movement is likely incidental – it's inherent in and necessary for completing the robbery.
71
Example: Assailant lures someone into a van with the intent to commit an assault inside. Is the luring/getting them into the van Abduction?
Yes. The act of seizing/transporting/detaining (by luring into the van) is done with the intent to deprive liberty, preceding the separate assault.
72
Example: Parents have lived apart for a year, mom has custody. Dad kicks in mom's front door, chokes her, and takes the kids. Is taking the kids Abduction?
Yes. This is abduction with intent to withhold the children from the person with lawful custody (the mother).
73
Example: Perpetrator gives the victim a 20-second unwanted hug. Can this elevate the charge to Aggravated Abduction?
Yes, if the hug is deemed sexual molestation, it shows "intent to defile."
74
Example: Perpetrator uses a hostage as a human shield during a standoff. Can this be Aggravated Abduction?
Yes. This shows "intent to extort" a pecuniary benefit (e.g., escape, safety, leverage), elevating the charge
