Violent Crimes
Elements
Criminal Terms
Defenses
Definitions
100
A person is guilty of this offense if he or she… 1. Unlawfully 2. Causes death of unborn child a. By wilfully and maliciously committing an act with the intent to cause death of unborn child. b. In perpetration or attempted perpetration of any of the criminal offenses set forth under GS 14-17, or c. Commits an act causing the death of the unborn child that is inherently dangerous to human life and is done so recklessly and wantonly that it reflects disregard for life.
What is Murder of Unborn Child?
100
The criminal element required for the criminal act of Rape in North Carolina Statutes that is not present as an element of Forced Sexual Assault.
What is Sexual Intercourse?
100
Less than probable cause but more than a “hunch.” It is based on specific and articulable facts showing that it is “reasonably possible” that a crime is being committed; a crime has been committed; or a crime is about to be committed.
What is Reasonable Suspicion?
100
This category includes defenses in which the defendant simply asserts that he or she didn’t do it by expressing the alleged fact(s) of the case showing innocence or blamelessness.
What is Factual Defenses?
100
Statutes dealing with crimes against the public and members of the public, with penalties and all the procedures connected with charging, trying, sentencing and imprisoning defendants convicted of crimes
What is Criminal Law?
200
A person is guilty of this crime if: 1. Kills 2. Another living human being 3. a. with malice and specific intent to kill w/ premeditation and deliberation; OR b. by poisoning, lying in wait, starvation or torture: OR c. while committing arson, rape, robbery, burglary, kidnapping, any felony w/ a weapon; OR d. by means of Nuclear, Biological, or Chemical Weapon; or any weapon of mass destruction.
What is 1st degree murder?
200
A person is guilty of this offense if he or she… • Is Intoxicated • In a public place AND • Is disruptive by  Interfering with traffic on a highway or public vehicular area,  Interfering with access to or passage across a sidewalk  Interfering with an entrance to any building,  Grabbing, shoving or pushing others,  Fighting or challenging others to fight,  Cursing, shouting at, or rudely insulting others, or  Begging.
What is Intoxicated and Disruptive?
200
This concept includes a willed or wilful unlawful criminal act that must be a voluntary act and the accused must actually commit the act in violation of the law.
What is Actus Reus?
200
This defense utilizes the claim of not being present at the location of the crime or at the time of the crime.
What is Alibi?
200
Defender of person accused of criminal activity.
What is a Criminal Defense Attorney?
300
The Criminal Offense of THIS under North Carolina General Statute 14-33(c) states, “A person is guilty of this offense if he or she (1) Commits an assault (2) On another, AND (3) Inflicts serious injury.”
What is Assault Inflicting Serious Injury?
300
A person is guilty of this offense if he or she… • Knowingly • Recruits, entices, harbors, transports, provides or obtains • Another person • With the intent the other person be held in involuntary servitude or sexual servitude.
What is Human Trafficking?
300
The intent to commit the unlawful or criminal act and believe the act was committed. Refers to the specific mental state of the suspect/ defendant at the time of the crime.
What is Mens Rea?
300
Theis type of defenses includes, Necessity, Defense of others, Defense of Home and Property, Resisting Unlawful Arrest, Consent, and Self Defense.
What is Justification?
300
An act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law
What is Crime?
400
This makes a crime equivalent to first degree murder for any felony committed or attempted with the use of a deadly weapon resulting in a death or if the underlying crime resulting in a death is arson, rape, robbery, burglary, kidnapping.
What is The Felony Murder Rule?
400
a. Enters into an agreement with at least one other person b. To commit an unlawful act c. With the intent that the agreement be carried out.
What is the Inchoate Offense of Conspiring?
400
This term is best broken down as Malice equals intent to injure or desire to injure and Aforethought equals premeditation and deliberation
What is Malice Aforethought?
400
The fundamental concept of this type of defense includes, Not concerned with the guilt or innocence of the accused, Focuses on procedures conducted and utilized by law enforcement and criminal justice professionals, Remedies for violations include suppression of evidence.
What are Legal Defenses?
400
At the moment the arrest was made, the facts and circumstances within [the officer’s] knowledge and of which [the officer] had reasonably trustworthy information were sufficient to warrant a prudent person in believing that the defendant had committed or was committing an offense.
What is Probable Cause?
500
A person is guilty of this offense if he or she (1) Commits Larceny or attempts to commit Larceny {Value of item taken during a robbery is irrelevant} (2) From a person or from a person’s presence, (3) By possession, use, or threatened use of a firearm or other dangerous weapon, (4) That endangers or threatens the life of a person.
What is Robbery with a Dangerous Weapon aka Armed Robbery?
500
A. Attempts to commit a crime B. While specifically intending to do something that is a crime. C. Performs an overt act calculated and designed to commit the crime, AND D. The act falls short of the completed offense.
What is the Inchoate Offense of Attempt?
500
Possession of recently stolen property raises a presumption or an inference that the possessor stole the property. This presumption or inference can be used in Larceny, Burglary, and Robbery prosecutions and investigations or any criminal prosecution and investigation involving the illegal taking and carrying away of property.
What is the Doctrine of Recent Possession?
500
This Justification Defense cannot be a defense for Statutory Rape.
What is Consent?
500
Based on good reason and common sense. What a reasonable person (juror) believes if presented with the same facts, circumstances and/or evidence. A juror must be “fully satisfied” the defendant is guilty of the crime.
What is Proof Beyond a Reasonable Doubt?
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