Crimes Against a Person
This is an attempt to commit a battery or the intent to place another in reasonable apprehension of imminent injury. If a deadly weapon is used, this can be categorized as aggravated.
This is the trespassory taking and carrying away of personal property of another with the intent to steal. "__ by trick" occurs when the defendant tricks the other party and obtains possession through fraud or deceit.
What is Larceny?
This occurs when one requests or encourages another to commit a crime with the intent that the person solicited does commit the crime, regardless of whether they agree to do so.
What is Solicitation?
A person has this right against lawful force but must use reasonable force in response; a person may use deadly force in defense only if they hold a reasonable belief that they face deadly force against them.
What is Self-Defense?
This is required for a government search and seizure of property that is located where one has a reasonable expectation of privacy because a person has a right to be free from an unreasonable search and seizure.
What is a search warrant?
This is the intentional or reckless causing of a bodily injury or an offensive touching to each other.
What is Battery?
This is the fraudulent conversion of personal property of another by one who is already in lawful possession of that property. Some states include property as well.
What is Embezzlement?
This is an argument between two or more persons who intend to commit an unlawful act or a lawful act by unlawful means.
What is Conspiracy?
It is permissible to se reasonable force to defend another when one reasonably believes that the other person would be justified in using such force and the amount of force used is reasonable (majority rule)
What is Defense of Others?
There are four musts for having a warrant. What are they?
What is, 1. based on probable cause; 2. issued by a neutral magistrate; 3. based on informant information; and 4. knock and announce before execution?
This is the permanent dismemberment or disablement of a bodily part.
What is Mayhem?
This occurs when the defendant knowingly makes an untrue representation of a past or present material fact, which causes the person to whom it was made to convey title to the misrepresenter who intends to defraud.
What is False pretenses?
This is an act done with intent to commit a crime and the affirmative act, or substantial step, in furtherance of the intent to commit the crime, beyond mere preparation.
What is Attempt?
Thsi allows an individual to use a reasonable amount of force--through never deadly force-- to protect their real or personal property.
What is defense of property?
Search incident to a lawful arrest (SILA), plain view, automobile, consent, exigent circumstances, stop and frisk are examples for what?
What are exceptions to the warrant requirement?
This is the unlawful confinement of another, involving movement of concealment in a secret place. If a ransom, to commit another crime or children taken, it can be considered aggravated.
This is a threat of future harm to deprive an owner of their property.
What is Extortion?
When these two come together into the actual crime so they cannot be charged in addition to the actual crime, this creates what?
What is a merger?
This may be a defense if the defendant reasonably believed that commission of the crime was necessary to avoid an imminent and greater injury to society than that involved in the crime (objective standard used).
What is Necessity?
This right protects a criminal defendant from compulsion to give testimony or communicative evidence that could expose them to criminal liability.
This is the unlawful sexual intercourse of a female, not one's wife, without her consent. Modernly it is gender-neutral, and marriage is irrelevant.
What is Rape?
This is the malicious burning of the dwelling house of another. Modernly most jurisdictions include most structures and burning includes damages caused by explosives too (not just fire).
What is Arson?
This is one who commits the actual crime in the first degree or is the second person who aids, abets, assists, or encourages the carrying out of a crime and is present physically or constructively.
What is an Accomplice?
This exists where a law enforcement official, or someone cooperating with them, induces a person to commit a crime that they weren't otherwise predisposed to commit. The majority of states look at the subjective intent of the defendant.
What is Entrapment?
This is a judge-made rule that prohibits the prosecution from introducing evidence obtained in violation of a defendant's Fourth, Fifth, or Sixth amendment rights.
What is the exclusionary rule?