Criminal Law
An act that is a crime regardless of the knowledge or intent of the person (such as selling alcoholic beverages to a minor) is known as a
Strict Liability Crime
A person who plans the killing in advance and intentionally kills another is guilty of
1st Degree or premeditated murder
The willful or malicious burning of a person’s property is called
arson
Too young to commit a crime is known as the defense of
Infancy
Willful destruction of property of another is called.
vandalism
Many crimes require proof of a guilty mind (act is done intentionally, knowingly, or willfully).
Mens rea
If a death occurs during the commission of a serious crime such as arson or robbery, all defendants involved in the serious crime may also be charged with
Felony murder
Unlawful taking of the property of another from a person’s immediate possession by force or intimidation is called
Robbery
Evidence that defendant was somewhere else at the time of the crime is called
alibi
The unlawful taking of property by someone to whom it was entrusted is called
Embezzlement
A person who orders or helps plan the crime is called
Accessory before the fact
A killing that occurs after adequate provocation that would cause a reasonable person to lose self control (heat of passion) is called
Voluntary Manslaughter
Using threats to obtain property of another is known as blackmail or
extortion
Defendant admits to the crime but claims that the police induced or persuaded her to commit the crime is claiming this defense
Entrapment
An adult having sexual intercourse with a minor is a crime even if the minor consents. This crime is known as
Statutory Rape
A person who performs all the elements of the crime (has the requisite intent, has taken a substantial step toward committing the crime) but has not achieved the criminal result is guilty of
Attempt
Define Assault and Battery
Assault- an attempt or threat to carry out a physical attack
Battery – any unlawful physical contact of another without consent
To prove larceny, the prosecutor must show three elements, name all three.
(1) Taking and (2) carrying away of another’s property with (3) the intent to permanently deprive the owner of it
A person claiming self-defense must show two key elements. Name them.
Reasonable belief that they are in imminent danger of bodily harm and
They used only as much force as necessary
Intoxication is usually not a valid defense to a crime unless the defendant can show what?
If the crime requires a specific intent
and the defendant can show that he or she
could not have formed that intent because of
his or her level of intoxication
Conspiracy requires two elements – name them both
An agreement to commit a crime and
Some action or conduct in furtherance of the conspiracy (i.e., an overt act)
The most common form of involuntary manslaughter (a/k/a negligent homicide) is
Vehicular homicide – killing resulting from operating a motor vehicle in a reckless or grossly negligent manner
Name the following 3 crimes:
(1) Breaking and entering the dwelling of another
with the intent to commit a felony.
(2) Falsely making or altering the writing on a
document with the intent to defraud.
(3) Taking a person’s motor vehicle
without their consent with the intent to take it temporarily
Burglary
Forgery
Unauthorized Use of a Motor Vehicle
To be found not guilty by reason of insanity, the defendant must show two elements. Name them.
Suffers from mental disease or disorder
Does not know what they are doing or Does not know the difference between right and wrong
Name the following Terms:
Crime that the punishment is less than 1 year in jail
Crime that the punishment is more than 1 year in jail
Principle that allows a person to use force to protect their home against an intruder
Misdemeanor
Felony
Castle Doctrine/Stand your Ground law