Modern Crimes
A premeditated and deliberate intent to kill another person.
What is first-degree murder.
When it is a person's conscious objective to engage in particular conduct or bring about a particular result
What is "purposely"?
An otherwise criminal action believed to be necessary to prevent a harm, where the harm prevented is worse than the legal alternative.
What is the defense of necessity?
This crime was traditionally defined as killing with malice aforethought.
What is common law murder?
Draco committed this crime when he pushed Potter down the stairs.
What is battery?
EITHER an act undertaken to commit a battery OR intent to place someone in fear of a battery
What is assault?
When a person is aware that certain circumstances will exist or are likely to result from conduct.
What is knowingly?
When at the time of an act a person did not know the quality and nature of the act or did not know that the act was wrong.
What is the M'naghten test for the insanity defense
This crime was traditionally defined as forceable carnal knowledge of a woman against her will.
What is common law rape?
Draco committed this crime when he and a partner robbed Gringott's bank and his partner zapped a teller with a destruction spell (that killed the teller)
What is felony murder?
Killing another person, with intent, done in the sudden heat of passion or with adequate provocation
When a person consciously disregards a substantial and unjustifiable risk that a reasonable person would recognize.
What is recklessly?
When a person acts under threat of an imminent harm by another that causes the person to commit a crime.
What is duress?
This crime was originally defined as the forceable abduction of a person from his or her own country and sending him or her to another country.
What is common law kidnapping?
Draco committed this crime when he opened Potter's window one night and went into the room in order to start a fire.
What is burglary?
Breaking and entering or unlawful entering inside a dwelling or other structure with the specific intent to commit a crime.
What is burglary?
When a person should have been aware of an unreasonable and unjustifiable risk that a reasonable person would have been aware of.
What is "negligently"?
When a person claims that they could not form an intent because they were under the influence of a substance.
What is the intoxication defense?
This crime was originally defined as the unlawful breaking and entering into the dwelling house of another at night with the intent to commit a felony therein.
What is common law burglary?
Draco committed this crime when he offered to pay five gold pieces to anyone who would steal Potter's shoe.
What is solicitation?
Killing of another during the perpetration of a dangerous felony
What is felony murder?
When a person is held liable for conduct regardless of intent.
What is strict liability?
Action taken based on reasonable belief in the immediate necessity to employ proportional force to protect against unlawful force.
What is self defense?
At common law this offense could only be prosecuted if the victim died within a year and a day.
What is common law murder.
Draco committed this crime when went into Potter's house without being invited and wouldn't leave.
What is criminal trespass?