Felonies and Misdemeanors
Applies to lower-level crimes; punishment not as severe; if jail time, no more than a year; fines typically do not exceed $2000
What is a misdeamnor?
The unlawful killing of a human with malice aforethought.
What is murder?
Theft of over $500 worth of property.
What is grand larceny?
A crime is inchoate if the person does not do this.
What is actually commit the crime?
Not guilty!
What is a negative defense?
Applies to violent, higher-level crimes; punishments more severe including prison time and fines over $2000.
What are felonies?
Must include both premeditations and deliberation. For example, Mary hates her teacher for giving her a bad grade. Figures out when her teacher leaves school, waits for her, and hits her teacher with the car.
What is 1st degree murder?
The unlawful entry into a building with the intent to commit a theft.
Someone who had no part in committing the crime, but was told about the crime and helped the criminal avoid getting caught.
What is an accessory after the fact?
Committed a crime, but did so out of necessity because there was not other option or to fight a greater evil.
What is justification due to necessity?
What are crimes?
A death that occurs because of a crime where no malice afterthought is present and a misdemeanor is being committed at the time of the death.
What is involuntary manslaughter?
The taking of a person’s property by violence or by threatening violence.
What is robbery?
Asking, ordering, or encouraging someone to commit a crime.
What is solicitation?
To use as a justification, the defendant must establish that he/she believed force was necessary, there was an imminent threat, and a reasonable use of force was used
What is self-defense?
Violations against one or more individuals. Contract violation is an example. Punishment is usually some type of payment to the victim.
What are civil cases?
An example would be, Mary's teacher passes back assignments at the end of the period. Mary looks at her grade, then pulls out a pocket knife and stabs her teacher because she is upset about her grade.
What is voluntary manslaughter?
Taking money when someone entrusted it to you.
What is embezzlement?
Cal, Pam, and Cam agree to a plan to rob a bank and split their take among the 3 of them. Cam scouted the bank and determined the best way to rob it.
What is conspiracy?
The defendant must show the government provided the motivation to commit the crime.
What is entrapment?
Criminal Act, intent, concurrence, causation
What are the four elements of a crime?
Mary is speeding in front of school, going 70 in a 25. She hits her teachers when she cannot control her car.
Knowingly misrepresenting the facts to gain property.
What is fraud?
Tim asks Mike to keep a bag in his garage. Mike does so but never looks in the bag, and Tim does not tell him what is in it. It contains illegal drugs.
What is no crime?
Defendant is unaware that what he/she did was wrong and/or does not appreciate the criminality of their actions.
What is insanity?