Burglary
The 5 elements of burglary are:
Breaking
Entering
The dwelling of another
during the nighttime
with intent to commit a felony
Murder is:
Killing of a human being with malice aforethought.
What is the difference between murder and manslaughter and what are the two types of manslaughter?
Manslaughter is killing a HB without malice (voluntary and involuntary)
Elements of "attempt"
(1) specific intent to commit a crime
(2) performs an act beyond mere preparation towards its commission.
Elements of conspiracy:
(1) an agreement (also called a combination)
(2) to commit a crime.
Define "entering"
Entry of a building by a part of the body; or entry of a tool which is intended to consummate the felony, not just breaking without any entry of any part of the body.
Justifiable - commanded or authorized by law.
Excusable - committed under circumstances like accidents or self-defense.
Criminal - has no justification or excuse so it's punished criminally.
define "heat of passion" element
Means any intense or vehement emotional excitement of the kind prompting violent and aggressive action such as rage, anger, hatred, furious resentment, fright, or terror.
a "substantial step" toward the commission of the crime comes from MPC.
True
Conspiracy is a "specific intent" offense. (true or false)
True. Two or more persons must actually intend to agree and actually intend that the target crime be committed.
Define "constructive breaking"
Entry by means of threat, fraud or trickery
What is malice and its 4 types?
Malice is the mens rea required for murder. It can be described as a "person endangering state of mind."
4 types: intent to kill, intent to inflict grievous bodily harm, acting with a depraved heart, felony murder
Define Unreasonable Belief Self-Defense:
(2) that good faith belief was objectively unreasonable.
What is the dangerous proximity test?
In common law, requires that the defendant be close in time and place to completing the crime, with only a few actions remaining.
A person is an accomplice if:
(1) with knowledge of the criminal purpose of the perpetrator, he
(2) purposely commits, or aids, encourages, facilitates, or solicitudes commission of the offense.
CL and MPC definitions for "during the nighttime"
CL - when there is insufficient light to see a person's face. By statute, a defined period after sunset to before sunrise.
MPC - means period between thirty minutes past sunset and thirty minutes before sunrise.
What does "acting recklessly" mean:
Consciously disregards a substantial and unjustifiable risk of death to the victim and a gross deviation from the normal standard of care.
Define "legally adequate provocation"
Provocation sufficient to cause a reasonable person to act from passion rather than reason (such as and perhaps limited to, mutual combat, assault, adultery, illegal arrest, or serious injury to a close relative). Many states require the provocation to emanate from the victim.
What are the elements of solicitation?
(1) a person with the specific intent that a crime be committed
(2) commands, encourages, or requests another to commit it.
Define Unlawful Act Manslaughter:
(1) Causing the death
(2) Of another human being
(3) During the commission of a misdemeanor or other unlawful act that is "malum in se."
Statutory changes for the 5 elements
Breaking - may be eliminated on common statutory changes
Entering - Unchanged on common statutory language, but if the element of breaking is eliminated then entry must be trespassers.
Dwelling - expanded to include many buildings and even vehicles
During the nighttime - often eliminated
With intent - may be changed to "intent to steal" or "intent to commit any crime"
What is the difference between 1st and 2nd degree felony murder?
1st - Killing HB during commission or attempted commission of BARK or other felony set forth by statute
2nd - Killing HB during the commission or attempted commission of a felony not set forth by statute.
MPC term for "criminally negligent"
When a reasonable person would foresee a high degree of risk of death (or when the defendant actually knew his conduct created such a risk) and the actor’s conduct is a gross deviation from the standard of care that a reasonable, law abiding person would observe.
What elements can aggravate an assault or battery?
1. a more culpable state of mind
2. an especially threatening means
3. a particularly serious assault
What is the majority rule for Pinkerton's liability?
A conspirator is liable for any criminal act committed by a coconspirator if it falls within the scope of the conspiracy or a foreseeable consequence of the conspiracy.