Crime Elements
Latin for "Guitly Mind"
What is mens rea?
Assault (2)
What is a failed battery that causes reasonable apprehension or fear?
Arson (4)
What is 1. burning 2. dwelling 3. of another 4. with malice (knowing high risk/harm)
Murder Rule
What is the unlawful killing of a human with malice aforethought?
Solicitation
What is when one asks, incites, commands or urges another to commit a crime
A complete Defense when honest & reasonable
what is Self Defense
Latin for a voluntary physical act
Battery (2)
What is 1. Harmful or offensive, 2. touching or (contact)
Burglary (5)
What is 1. breaking (not CA) 2. entering 3. dwelling of another 4. at nighttime (not CA) 5. with the intent to commit a Felony
difference between 1st and 2nd degree murder
What is premeditation
Conspiracy
What is 1. agreement of 2 or more to commit a crime 2. with the intent to have crime succeed 3. one of the conspirators must have committed an OVERT ACT to further the crime.
OVERT ACT + AGREEMENT
Name 3 Justification Defenses
What is Defense of Self, Defense of Property, Defense of Others, Necessity, Law Enforcement
Intent type: The intent to commit the act that causes the harm
What is general intent?
Kidnapping (3)
What is 1. unlawful confinement 2. movement of a victim 3. by threat or use of force
Larceny (5)
What is 1. intentional taking & carrying away 2. personal property 3. in possession of another 4. without consent 5. with the intent to permanently deprive
5 Felony Murder Crimes
What is BARRK (Burglary, Arson, Rape, Robbery, Kidnap)
PINKERTON RULE
What is a conspirator is responsible for acts of co conspirators even if unaware
Name 5 Excuse Defenses
What is Durress, Insanity, Intoxication, Infancy, Entrapment, Mistake of Law, Diminished Capacity, Imperfect Self Defense
Intent type: Specific purpose to cause the harm and knowing the harm would result
What is Specific Intent?
Rape (3)
What is 1. unlawful sexual intercourse 2. (not) spouse 3. no consent
False Pretenses (3)
What is 1. taking title & possession 2. knowing making false representation 3. with intent to defraud
Voluntary Manslaughter (2 categories)
What is The intentional killing of a human without Malice 1. imperfect self-defense 2. "heat of passion" or adequate provocation
ATTEMPT
What is 1. intent to commit crime 2. SUBSTANTIAL STEP toward the crime 3. Merges with actual crime
M'Naghten Test (5 elements) DD TNT
What is 1. time of commission 2. disease of mind and 3. D did not know 4. Nature of acts (or) 5. that acts were wrong
Type of intent done purposefully or knowingly with reckless disregard
What is Malice?
False Imprisonment (3)
What is 1. unlawful confinement 2. without movement 3. against Victim's will
Larceny by Trick (2)
What is 1. taking possession of property of another 2. tricked to give up possession
Involuntary Manslaughter qualifiers (2)
What is Killing caused by 1. criminal negligence or recklessness 2. Misdemeanor manslaughter
ACCOMPLICE LIABILITY
What is All persons who assist in the commission of a crime should be held accountable - NOT a separate crime
SPECIFIC INTENT
Necessity Defense (4)
1. D faced 2 evils 2. no legal alternative 3. faced imminent hard 4. lesser was chosen
General Intent Crimes (4)
What are (BRK Free) - Battery, Rape, Kidnap, False Imprisonment
Robbery (3)
What is 1. Taking property 2. from victim's person or property on person 3. by force or intimidation
Forgery (2)
What is 1. intent to defraud 2. signs name of another/forges/falsifies or alters genuine document
4 elements of Malice for murder
What is 1. intent to kill 2. intent to cause Great bodily injury 3. reckless disregard for human life 4. intent to commit an inherently dangerous felony
Title of the person committing actual crime and title of the one aiding
What is the Perpetrator/Principal & Accomplice/Assistant
Imperfect Self Defense
When the D meets some but not all of the elements for self-defense
honestly believes deadly force is required to prevent death or harm but unjustifiably kills the attacker
reduces murder to voluntary manslaughter
An off duty police officer attends law school in the evenings and becomes frustrated with a female classmate who recently argues with professors regarding her rights. Without any threat or lawful basis, the officer grabs her, handcuffs her and prevents her from leaving the classroom. Does his status provide a defense? name the crime
False imprisonment without lawful authority.
A student brings her dog to class and falsely claims it is a therapy service animal to gain permission. The student knows the dog has a history of snapping at people. The student allows the dog to go on her desk when it lunges over and bites her seat partner. What crime is the student guilty of?
What is Battery
A student, during a period of unstable judgement and not taking his meds, asks a classmate to borrow a laptop for "just a few minutes to print something down in the library" intending at that moment to keep it and steal their outlines permanently. This is the crime he would be charged with. part 2 does he have a defense?
1. Larceny by trick
2. At time of commission his meds were not on board and possible had a disease of the mind but questionable if D did not know of his act was wrong because he had purpose to steal outlines and knew what those were.
A professor jokingly says, "you're dead to me" when a student misses class he realizes while taking roll. A few minutes later during a break, still angry about the absence, the professor sees that same student and hurls his textbook at the students head knocking the student over and killing him. For which type of homicide charge is the professor guilty of.
What is Voluntary Manslaughter ?
A male student and female student who love golf and are seat partners at school agree during class one evening that they are going to "shut up" a classmate who constantly interrupts the class with ridiculous questions. They make a plan for the next day for the girl to bring gorilla glue tape and have the male student apply the tape to the classmates mouth. What could they be charged with?
What is conspiracy (agreement + intent + overt act)
A Torts Professor, angry that a student did not complete a 10 page assignment she posted the day before class, walks over during class and strikes the student on the head with a casebook. The student immediately shoves the professor away to stop the attack, causing the professor to fall and break her nose. name the complete defense
What is self defense