homicide
What specific crimes fall under this.
Murder and manslaughter
what are the elements of robbery?
1. D took prop that was not theirs
2. the property was in the possession of another
3. taken from the persons immediate presence
4. D acted willfully
5. D used force or fear to take possession of the property
6. the D intended to deprive the owner of their property permanently or for an extended period time and the property is moved, however far, for a period of time, however brief
Elements of Vandalism
1. D maliciously defaced with graffiti or other material on real or personal property and
2. the D did not own the property
3. the amount of damage caused by the act was $400 or more.
Malicious intent = they do a wrongful act with the unlawful intent to annoy or injure someone else
1. D did an act that by its nature would directly and probably result in the application of force to a person
2. D acted willfully
3. D was aware the act would lead a reasonable person to believe their act by its nature would result in the application of force to another
4. the D had the present ability to apply force to the person
5. the act was not in self defense/ defense of another
What are attempted crimes?
When it goes beyond mere preparation.
For 1st Degree murder, what must you establish
What is a Burglary
1. D entered a building/ room within a building/ locked vehicle/ structure
2. when they entered the building they intended to commit theft or a felony and
3a. the value taken or intended to take is $950+
3b. inhabited house/ vessel (1st degree)
3c. commercial building (2nd degree)
elements of forgery?
1. D signed someone elses name or a false name
2. D did not have the authority to sign that name
3. D knew that they did not have the authority
4. when the D signed the doc, they intended to defraud
What is a battery?
1. D willfully and unlawfully touched another in a harmful or offensive manner and
2. D did not act in self defense/ defense of another
3. the person suffered serious bodily injury - bumps this up from battery to battery causing serious bodily injury
Solicitation Rule
(1)The D requested or solicited another person to commit a crime (2)D intended that the crime be committed and (3)The other person received the communication containing the request
discuss malice aforethought
malice can be implied or expressed
Implied: The D intentionally committed an act that the natural and probable consequence was dangerous to human life. At the time the D acted, the D knew the act was dangerous to human life and the D acted with conscious disregard for it.
Expressed: the D states a desire to commit the unlawful killing of another.
what is theft? what are the requirements for petty and grand?
1. D took possession of property owned by some one else
2. D took the property without consent
3. when D took the property, they intended to deprive the owner of it permanently or to remove it from the owner's possession for an extended period of time
4. D moved the property, even a small distance, and kept it for any period of time however brief
petty: $950 or less
grand: more than $950
elements to Escape:
1. D was a prisoner who had been arrested and charged or convicted of a misd, fel, or committed by order of the juvenile court to an adult facility
2. places to escape from:
- penal institution
-engaged in county work
- lawful custody
- work furlough
- temp release
- home det
Rape?
1. D had sexual intercourse with a woman
2. they were not married
3. the woman did not consent to the intercourse
and 4. the D accomplished the intercourse by force, violence, duress, menace, or fear or immediate and unlawful bodily injury or by threatening to use authority of public office.
Aiding and Abetting?
(1) the perpetrator committed the crime(2)D knew that the perpetrator intended to commit the crime (3) Before or During the commission of the crime, D intended to aid and abet the perpetrator in committing the crime(4) D's words or conduct did in fact aid and abet the perpetrators commission of the crime; and (5) D is not guilty of a crime if they withdraw before the crime is committed.
A lower charge to murder you would discuss on an essay
Manslaughter: Involuntary and Voluntary
Voluntary:
Involuntary :
1. D knowingly and intentionally deceived a property owner by false or fraudulent representation or pretense
2. D did so intending to persuade the owner to let the D take possession or ownership of that property and
3. owner let the D take possession of the property because the owner relied on the representation or pretense.
what is false imprisonment?
D intentionally and unlawfully restrained, confined or detained someone by violence or menace and
D made the other person stay or go somewhere against the persons will
What is the 3 types of unlawful sexual intercourse and their differences?
unlawful sexual intercourse with a minor more than 3 years: the minor was under the age of 18 and more than 3 years younger than the D
Unlawful Sexual Intercourse: the minor is within 3 years of the D's age and it is a misd
The person must do what to withdraw from committing a crime?
2. They must do everything reasonable within their power to prevent the crime from being committed. They do not have to actually prevent the crime.
List the elements to criminal negligence
What are the elements of theft by embezzlement?
1. the owner entrusted the property to D
2. the owner did so because they trusted the D
3. the D fraudulently converted/ used that property for their own benefit
4. and when the D used the property, they intended to deprive the owner of it
Arson?
2. D acted willfully and maliciously
What is mayhem:?
Maliciously depriving the other of the use of their members or maliciously maiming or disfiguring them.
What are the elements and levels for conspiracy?
Levels: 1- the principal (the perp) 2- the principal in 2nd degree (the aider) 3- the accessory before the fact 4- accessory after the fact