Terminology
A crime that requires a heightened mental state beyond what is necessary to commit the actus reus.
Specific intent (crime)
This element indicates the difference between first and second degree murder under the MPC or aggravated murder and murder under common law.
Prior calculation / premeditation
A general intent crime that consists of a bodily injury or offensive touching
Battery
Under common law, the crime of Burglary includes the specific intent to do this
commit a felony therein (the dwelling)
This test for determining if a defendant has gone beyond mere preparation focuses on whether the defendant was “dangerously close” to completing the crime
Dangerous Proximity
These justification defense requires the defendant to be a non-aggressor and use a reasonable amount of force
Self-defense / Defense of others
An element of a crime that acts as the link between the act and the harmful result
Causation
This murder charge occurs as a proximate result of the offender’s commission or attempt to commit an offense of violence
Felony Murder
This offense is defined as an unlawful restraint of a person’s liberty by force or show of force
Kidnapping
This doctrine applies to when the defendant wrongfully takes the property of another without the intent to permanently deprive and later decides to keep the property
Continuing Trespass Doctrine
The crime of conspiracy includes these two specific intentions
specific intent to enter the agreement and specific intent to achieve the objective
This defense is present when a person intends to commit a crime but fails because of an element beyond his control
Factual Impossibility
A condition that must be present in conjunction with the prohibited conduct or result
Attendant Circumstance
This mens rea of murder is defined as the reckless indifference to the value of human life that extends beyond gross negligence
Depraved Heart
This element marks the difference between Robbery and Larceny
actual or potential harm to person
This phrase describes a person’s ownership when the person acquires the property only for a temporary period of time.
Custody
The charge of Conspiracy under the MPC (but not common law) requires this element, which can be legal or illegal.
Overt Act
This defense exists when a physical or natural force creates a harm that is greater than the act committed by the defendant and was sought to be prevented by the commissioned act
Necessity
Generally there is no duty to act absent some expectation such as this
Statute imposing a duty; contractual duty to care; special relationship; assumed care; person created the risk of harm
Voluntary manslaughter occurs when a person causes the death of another after this.
Reasonable provocation / heat of passion
This Ohio statute is defined as knowingly causing serious physical harm to another OR causing or attempting to cause physical harm to another by means of a deadly weapon or dangerous ordinance
Felonious Assault
This element marks the difference between False Pretenses and Larceny by Trick
Obtaining possession vs. title
This type of liability is not considered an inchoate crime as the underlying offense must be committed, but is defined as one who, with the intent that the crime be committed, aids, counseles or encourages the principal before or during the commission.
Accomplice
This marks the difference between competency and insanity
state of mind when the act occurred vs at the time of trial
This mens rea under the MPC is present when a person, regardless of purpose, is aware that a person’s conduct will probably cause a certain result or will probably be of a certain nature
Knowingly
When the death of another occurs as the proximate result of the commission of a misdemeanor offense, it is classified as this type of murder.
Involuntary Manslaughter
This Ohio statute is defined as causing or attempting to cause serious physical harm to another under the influence of sudden passion or in a sudden fit of rage
Aggravated Assault
This doctrine pertains to when a bailee was given possession of a bale, but not its contents and subsequently pilfers the bale and takes a portion
Breaking Bulk
This element marks the difference between a co-conspirator and an accomplice
Co-conspirator agrees to complete crime with another party / accomplice actually assists in completing the crime
The majority rule regarding use of deadly force states there is no duty to do this
Retreat prior to use of deadly force