Criminal Law 10-16 Terms

Homicide

Killing of one person by another person

Manslaughter

A different category of homicide, killing without malice aforethought

Voluntary Manslaughter

Murder in the heat of passion

Involuntary Manslaughter

Death resulting from gross negligence in the commission of misdemeanor aka unintentional killing of another without malice

Felony Murder

Death that occurs during the act of a felony

Cooling of the Blood

Refers to the period of time between the provocation and the killing where defendant could "cool off their blood" after the provocation.

Heat of Passion

State of intense emotion where a reasonable person would lose self-control

Depraved Heart Murder

Killing another as the result of a knowingly dangerous act with a reckless unconcern as to whether anyone was harmed

Excusable Homicide

Murder committed by those who are legally insane or those who cannot understand the nature of their actions

Malice Aforethought

An intent to kill with an ill will or hatred or there was a clear design to end someone’s life

Express Malice

Deliberate intent to kill

Implied Malice

Intent to cause great bodily harm that may be expected to lead to death

Premeditation

Act was thought out prior to be committed

Deliberation

The killing is carried out with an intentional state of mind

1st Degree Murder

Murder with premeditation and deliberation committed in the perpetration of various dangerous felonies

2nd Degree Murder

Killing with malice but not premeditation

Capital Murder

The punishment of death as a sentence for a criminal act

Capital Murder Trials is a __ part __ trial

Two part jury trials

Two part jury trials Phase 1 Involves:

Guilt/Innocence Portion
Where we look to see if the defendant is guilty of murder beyond a reasonable doubt.

Facts are established on the record through testimony and evidence is introduced

Two part jury trials Phase 2 Involves:

Sentencing Portion
Where we look at the aggravating and mitigating factors and see if the aggravating factors outweigh the mitigating factors

Bodily Injury

Impairment of physical condition

Serious Bodily Injury

Bodily injury which creates a substantial risk of death

Battery

Application of force at another person

Kidnapping and False Imprisonment

When the movement of the victim places the victim in a completely different environmental setting removed from the security of familiar surroundings

Rape Reform

Removed many of the unjust obstacles in the common law that prevented people from bringing a rape charge

Common Law Rape Definition

Non consensual vaginal intercourse by a man of a woman who is not his wife

Went above and beyond to protect men against false accusations and did not focus on survivors

Common Law Rape Requirements (6)

1) Survivor needed to make an immediate complaint
2) Corroboration Rule (need evidence besides witness testimony)
3) Sexual Activity
4) Judicial Instruction (jury focused on making sure men wasn't falsely accused instead of focusing on victim)
5) Marital Exemption
6) Survivor had to show they resisted

Bodily Injury vs Serious Bodily Injury

Factors differentiating size difference

Aggravating Assault

Attempting to cause serious bodily injury with a deadly weapon

Aggravated Assault Protected Classes

Law enforcement

Criminal Trespass

Unauthorized entry or remaining on the land or premises of another

Defiant Trespass

Individuals knowingly enter or remain on a premises after they are told that they are trespassing

Burglary Common Law Definition

Breaking and entering of the dwelling house of another at night with the intention to commit a felony

Burglary Modern Law Definition

Unlawful Entry + Intent to commit a crime at time of unlawful entry

Physical breaking not required

Burglary Common Law vs Modern Law Elements

Common Law: Felony that is punishable by death

Modern Law: Not just dwellings but also buildings

Burglary: Breaking

Breaking and also can mean entering without permission or by subterfuge

Burglary - Entering

Any portion of the human body is sufficient or remaining somewhere after privilege has expired

Arson

Malicious burning of the dwelling house of another

Criminal Mischief

Damages to real and personal property

3 Defenses to Burglary

If the building is abandoned
If the building is open to the public
If you have a license or privilege to enter

Larceny/Basic Theft

Trespassory taking personal property of another with the intent to permanently deprive that individual of possession of that property

Custody of Property

Temporary right for control of the property of others

Embezzlement

Fraudulent conversion of the property of another by an individual in lawful possession of the property

Extortion

Blackmail to commit a theft

False Pretenses

False representation of a fact that is made with the intent to fraud

Forgery

Creating a false legal document or the material modification of an existing legal document with the intent to deprive others

This crime is completed once the document is drafted

Identity Theft

Personal information used without consent for financial gain

Receiving stolen property

obtaining property you know or should know is stolen

Robbery

Theft with use of force or threat of force

Material Fact

The transaction/important fact that hinged on the decision

Uttering

Using the forged document

Stimulations

Punishes the creation of false objects that have enhanced value

Lost of Property

Owner has superior property rights, finder must take reasonable steps to restore it to its owner

Abandoned Property

Person who locates property has superior right

Disorderly Conduct

Disruptions to the tranquility of society

The common law that punishes the breach of peace

Breach of the Peace

Conduct that disrupts public order

Public Order Crimes

Offenses that disturb public pace

Morality

Universal agreement that certain behavior should not be allowed

Riot

Three or more people engaged in an unlawful act of violence

Acting in concert but not in express agreement aka you don't need to know each other

Unlawful Assembly

Three or more persons with the purpose to engage in an unlawful act

Legality of Vagrancy

Criminalized Homelessness

Prostitution

Engaging in sexual acts in exchange for money or other items of value

Obscenity

The subject matter taken as a whole lacks serious literary, educational, political value

Animal Cruelty Laws

Laws that prohibit the abuse of animals

Respect for animals teaches other about respect for fellow citizens

Treason

Involvement in an attack on the government by giving AID to enemies

Sedition

Overthrowing the government by force

Sabotage

Willful injury, destruction, contamination or infection of any war materials with the intent to disrupt the U.S.

Espionage

Conveying INFORMATION to a foreign government with the intent to injure the U.S.

Terrorism

Criminal ACTS that are intended to intimidate and coerce the American population or affect the public policy of the US government