crim-DEFINITIONS

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Author:
sascha.hammerle
ID:
4391
Filename:
crim-DEFINITIONS
Updated:
2010-01-17 23:37:17
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  1. HOMICIDE
    • the killing of a human being by another
    • ( commom law)
  2. MURDER
    • the unlawful killing of a homan being with malice aforethought
    • ( modern)
  3. MALICE AFORETHOUGHT
    intention to kill actual ( consciously desire to cause death) or implied ( intended to cause great bodliy harm... or by the natural tendency to cause death or great bodily harm)

    deadly weapon doctirne
  4. DEADLY weapon doctrine
    using a deadly weapon ( weapon calculated to kill or cause great bodily harm) on another human is PRESUMED to have intended the killing ( modern statute--- murder)
  5. murder modern law ( the different types)
    • deadly weapon
    • intent to inflict great bodily harm
    • intent to commit a felony ( maybe nnot intendidng to kill)
    • intent to commit a felony
    • intending to resist lawful arrest
    • depraved heart
  6. STATUTE MURDER
    • 1st degree , second degree
    • voluntary and involuntary manslaughter
  7. 1st degree murder
    premeditated killing with some reflection, deliberation, reasoning or weighing
  8. 1sr degree murder Esentaial elements
    • proof of opportunity to premeditate
    • proof of actual consideration
  9. types of first degree murder
    • premeditation
    • felonies
    • bomb, lying in wait
    • torture
  10. 2nd murder
    all killing with malice aforethought which are not specifically defined by statutes
  11. capital murder
    killing with enumerated aggrivated factors or special circumstances
  12. felony murder
    killings caused with the intent to commit a felony
  13. essential elements to felony murder ( limits)
    • forseeable
    • dangerous felony
    • felony independent of kiling
    • in prepatation of felony
  14. voluntary manslaughter
    a killing which would otherwise be murder ( malice aforethought) but was committed in response to a certain prevocation
  15. essential elements for voluntary manslaughter
    • provocation ( objective) reasonable person
    • been provoked
    • interval between provocation and killing ( even if immediate) must not be long
    • must not have actually cooled off
  16. involuntary manslaughter
    unintentional killing if result is from criminal negligence or during the comission of unlawful act ( not a felony)
  17. involuntary manslaughter essential elements... requirements
    • awarness of risk
    • only for malum in se... not malum prohibitum
  18. posession
    the having or holding of property in ones power to exercise dominion over the property.

    ( very fine lines.... dominion means controll....)
  19. omission
    failure to do something or the act of leaving something out
  20. perjury
    the act or instance of a persons deliberatly making material false or misleading statements while under oath.
  21. principal in the first
    perpertrator of the crime, COMMON LAW
  22. principal in the second degree
    • one who helped the crime AT THE TIME OF THE CRIME
    • COMMON LAW
  23. accessorie before the fact
    • incites or abets the crime COMMON LAW
    • is liable fo r the crime
  24. accessory after the fact
    • after aids in hindering arrest, prosecution, conviction, of persons who they KNOW committed a felonyCOMMON LAW
    • ( is liable for the crime)
  25. principal
    modern statute. actor, liable for the crime
  26. accomplice
    assists, liable for the crime
  27. accomplice after the fact
    not liable, but might have separate crimes
  28. rape
    • common law definition
    • unlawful sexula intercourse with a female with out her consent
  29. forcable rape
    • COMMON LAW
    • unlawful carnal knowledge of a woman against her will.
  30. forcable rape essential elements
    • carnal
    • unlawful
    • \against her will ( intoxication might make incapable)
  31. fraud to rape
    permissable as long as not as to marriage.
  32. specific intent crimes
    sac 1 Alffe

    • solicitation ( intent to have someone commit a crime)
    • attempt ( intent to commit a crime)
    • conspiracy ( intent to have a crime committed)
    • 1st degree ( premeditation)

    • assault ( intent to commit a battery, or ti frighten)
    • larceny_robbery ( intent to deprive owner of their property)
    • forgery ( intent to defraud)
    • flase pretenses ( intent to defraud)
    • embezzelment ( intent to convert by defrauding)

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