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Crim Law Offenses, Defenses, and Theories- Brobst
Terms in this set (43)
The malicious burning or exploding of the dwelling
house of another or its curtilage
An overt act intended to inflict bodily harm and has the present ability to inflict such harm or engages in an overt act intended to place the victim in fear or apprehension of bodily harm and creates such a reasonable fear or apprehension in victim.
Intentional and unlawful harmful or offensive contact with the person of another without the person's consent.
Unlawful seizing and carrying of a person by force or fraud.
Unlawful and knowing possession of a (controlled substance, firearm, etc.) see chart for more
Driving while intoxicated
Driving a motor vehicle while intoxicated (or under the influence)
Taking and carrying away of the personal property of another w/o consent and w/intent to permanently deprive the person of the property or its value
Lawfully entrusted with and received the property of another and then unlawfully converted it to one's own use with the intent to permanently deprive owner of the property.
Larceny by trick
Obtain possession but not title of property of another through fraud or deceit, with the intent to unlawfully convert it
Larceny by false pretenses
Knowingly obtain title of the property of another through fraud or deceit.
Receiving stolen property
Not a CL Crime; MPC: Purposely receives, retains, or disposes of the movable property of another knowing that it has been stolen, unless the property is obtained with the purpose of restoring it to the owner.
More of a modern offense (MISDEMEANOR); Enters or remains in the building or occupied structure of another w/o consent (MPC)
Low level felony generally, unlawful entry into the dwelling of another, door open, and person walks right in.
1. Breaking and entering
2. Of the dwelling of another
3. At nighttime
4. With the intent to commit a felony therein.
Carnal knowledge of a person under the age of consent (FELONY)
Not a CL crime (used simple assault or battery);
- Today in every state as higher misdemeanor assault
- Unlawful touching of the sexual body parts of another by force and against the person's will
Common law: Carnal knowledge of a woman by force and against her will.
"Carnal knowledge" means vaginal intercourse-defined as the slightest penetration of the female sex organ by the male sex organ.
Taking of the personal property of another from the person or immediate presence of the victim, without consent, by use of force, with the intent to permanently deprive the person of the property or its value.
First Degree Murder
the unlawful killing of a human being with malice aforethought, willful, premeditated, deliberate
Second Degree Murder
Second degree - (1) intentionally kill while unreasonably in heat of passion; or (2) intentionally cause SBI but results in death
Depraved Heart Murder
death that results from reckless conduct with extreme indifference to higher risk to human life
Killing of a human being during the attempt, commission, or flight from a felony. Felony must be inherently dangerous (rape, burglary, robbery, arson, murder with malice)
Killing of another without malice aforethought. intentional killing but in a reasonable heat of passion. See notes for examples of reasonable heat of passion
unintentional killing but in a reckless act (gross negligence); Killing of another without malice aforethought
Not a CL offense
Today involves killing of another with criminal N;
Gross N required (manifesting a wanton or reckless disregard of human life); often involves omission and breach of duty of care
Intent to commit crime x; and overt acts in furtherance of that intent
2 or more persons who agree to and intend to commit a crime
Solicitation to commit...
Commanding, enticing, requesting another, with intent that the person commit the enumerated crime (can't be a joke, need mens rea/serious request)
May use reasonable force necessary to protect [person/property] if one has an actual and reasonable belief of an imminent unlawful [use of force/taking or trespass]
Lethal force only warranted if there is a reasonable belief in an imminent risk of unlawful SBI or death to self or others
Actual belief as well
Defense of Others
Reasonable use of force same as self defense
Reasonable belief in lawfulness of intervention
On behalf of another
Imminent danger of death, SBI, and person actually needs help.
Defense of Property
Reasonable use of force, cannot use lethal force to defend property alone
Choice of evils defense, criminal conduct is justified if unlawful conduct was reasonably necessary to avoid a more harmful result from imminent and unforeseen forces beyond one's control
Criminal conduct excused if acted under an unlawful threat by another of imminent SBI or death
If defendant provides evidence that government induced Defendant to commit crime, then State must prove beyond a reasonable doubt that Defendant was predisposed to commit a crime
"Where the same act or transaction constitutes a violation of two distinct [criminal] statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not." - Blockburger v. U.S. (U.S.1932) (i.e., if each requires different facts proved, then can convict on two different offenses)
Lesser included offenses
Like merger, relates to same act or transaction, allowing jury to make choice between alternate offenses
Higher offense must include all elements of lesser included offense, or different only by adding more injury/harm or higher mens rea
Defining deadly weapon
"DW" (deadly weapon) means any weapon, instrument, material or substance, whether animate or inanimate, which, in the manner it is used or is intended to be used, is known to be capable of producing death or SBI
(1) "BI" (bodily injury)
physical pain, illness or any other impairment of physical condition
(2) "SBI" (serious bodily injury)
BI creating a substantial risk of death or serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ
conscious object to engage in conduct of that nature and/or aware of the existence of such circumstances or believe or hopes they exist.
aware of the nature of his conduct and/or practically certain that his conduct will cause such a result
consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct - has to be gross deviation from standard of care
actor should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct.
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