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14 Cards in this Set

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CRIMINAL ASSAULT?
1)Under criminal law an assualt is the crime of ACTING WITH THE INTENTION OF CAUSING A BATTERY
2)or else TO CAUSE APPREHENSION of a battery. The victim of the attempted battery does not have to be aware of the danger.
CRIMINAL BATTERY?
1)Under criminal law a battery is the crime of ACTING WITH THE INTENTION OF CAUSING A TOUCHING OF A VICTIM'S PERSON
2)and CAUSING A HARMFUL OR OFFENSIVE TOUCHING.
FALSE PRETENSES?
1)Under common law false pretenses was a MISREPRESENTATION OF FACT TO OBTAIN TITLE to the property of another
2)with INTENT TO PERMANENTLY DEPRIVE. Modernly, false pretenses is generally codified as THEFT.
EMBEZZLEMENT?
1)Under common law embezzlement was the crime of TRESPASSORY CONVERSION
2)of the property of another by ONE ENTRUSTED WITH LAWFUL POSSESSION
3)with INTENT TO PERMANENTLY DEPRIVE
4)or else causing SUBSTANTIAL RISK OF LOSS.

Modernly, embezzlement is generally codified as "THEFT".
ROBERRY?
1)Under CRIMINAL LAW a ROBBERY is a LARCENY
2)defined above, FROM A PERSON
3)by use of FORCE OR FEAR
4)to OVERCOME THE WILL OF THE VICTIM TO RESIST.
LARCENY - trespassory taking and carrying away of the property of another with intent to permanently deprive.
BURGLARY? (Common Law/Modernly)
1)Under COMMON LAW a BURGLARY was the BREAKING
2)and ENTERING
3)of the DWELLING OF ANOTHER
4)in the NIGHT
5)with INTENT to commit a felony. The entry of a structure within the CURTILAGE of the dwelling also constituted a burglary. A physical breaking was generally required, but a CONSTRUCTIVE BREAKING would be found if entry was the result of TRICK, VIOLENT THREATS, or CONSPIRACY.

Modernly burglary has been extended by statute to all times of the day and all types of structures. Intent to commit a larceny is generally still sufficient to support a burglary charge, even if the larceny is no longer a felony. Further, the "breaking" element will generally be satisfied if there is a TRESPASSORY ENTRY, an entry without consent, express or implied.
Compare and contrast the common law burglary against the modern view and state whether the defendant could be charged under both or only modernly.
ATTEMPT (name the crime attempted)?
1) Under criminal law an attempted crime is a SUBSTANTIAL STEP taken toward committing
2)an INTENDED CRIME.
for LEGAL IMPOSSIBILITY - For an attempted crime to be committed, it must be legally possible for the crime to have been completed at the moment of the first substantial step.

MURDER?
1)Under criminal law a murder is an UNLAWFUL HOMICIDE, the killing of one human being by another,
2)with MALICE AFORETHOUGHT.
MALICE for murder may be
1)an EXPRESS INTENT TO KILL or IMPLIED by
2)intent to commit GREAT BODILY INJURY
3)intent to commit an INHERENTLY DANGEROUS FELONY, the FELONY MURDER RULE,
4)deliberate creation of EXTREME RISKS to human life or deliberate break of pre-existing duty to protect others from extreme risks with AWARENESS of and CONSCIOUS DISREGARD for the risks, the DEPRAVED HEART MURDER rule.
COMMON LAW MURDER?
1)Under common law there were NO DEGREES of murder but MODERNLY first degree murder is generally codified as a
1)willful, deliberate and premeditated homicide or one
2)done by ENUMERATED MEANS, or
3)caused by commission of an ENUMERATED FELONY
VOLUNTARY MANSLAUGHTER?
1)Under criminal law, voluntary manslaughter is an INTENTIONAL, unlawful homicide, the killing of one human being by another,
2)without MALICE AFORETHOUGHT
3)because of ADEQUATE PROVOCATION.
ADEQUATE PROVOCATION?
1)Adequate provocation is provocation sufficient to raise a reasonable person to a MURDEROUS RAGE,
2)which DID RAISE THE DEFENDANT TO SUCH A RAGE,
3)and which was the ACTUAL CAUSE of the homicide.
But adequate provocation cannot be found if the defendant had enough time before the killing that a reasonable person would have cooled down and no longer would have been in a murderous rage.
INVOLUNTARY MANSLAUGHTER? (SKIP if the defendant clearly DID intend to kill)
1)Under criminal law, involuntary manslaughter is an UNINTENDED homicide, the killing of one human being by another,
2)as a result of CRIMINAL NEGLIGENCE (negligent homicide), RECKLESSNESS (reckless homicide),
3)or during the commission of a MALUM IN SE CRIME, insufficient for a charge of murder (misdemeanor manslaughter).
DEFENSE OF INSANITY?
1)Under criminal law insanity is a defense of it NEGATES CRIMINAL INTENT. The insanity defense is now prescribed by statute in almost all jurisdictions.

2)Under common law M'NAUGHTEN RULE insanity was a defense if
3)a DISEASE OF THE MIND
4)at THE TIME OF THE ACT prevented defendant
5)from KNOWING the nature and quality of his act,
6)or THAT THEY WERE WRONG.

7)Under the IRRESISTIBLE IMPULSE RULE insanity is a defense if the defendant
8)KNOWS IT IS WRONG
9)but CANNOT STOP herself.
SELF-DEFENSE?
1)Under criminal law defendants who are NOT AGGRESSORS
2)may act REASONABLY
3)as NECESSARY
4)to protect THEIR OWN SAFETY.