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What is the (Common Law) definition of Burgalory?
Breaking and entering of the dwealling of another at night with intent to commit a felony.
What are the 6 elements of Burgalory?
- Breaking- making a new opening through force
- Entering- any part of your body has entered into the home
- Dwelling-someowhere where the individual slept and lived
- of another-it's not your own. Could be room in apt.
- nightime- when the person is defeseless
- intent to commit a felony
What is the current law of Burgalory?
- No breaking required
- any time of the day
- can be any "structure, including house, business..."
- Burgalory is entry with intent to steal or commit a felony inside.
- crime of burgalory is completed upon that with intent (regardless if the crime waas inside)
What is the defition of Homocide?
Killing of another human by another being
Legal neutral term, can be a legall sanction killing (war) or a justified or excused killing.
Actus reus of crominal homocide
When does human life begin?
- Human life begins at birth
- Some states prohibit the killing of a human being OR a fetuse.
- In CA the fetuse is 7-8 weeks into the pregnancy
When does human life end?
When the individual becomes brain dead
What is the defition of MURDER?
Unlawful killing of another human being with malice aforthought
MALICE: 4 STATRES OF MIND.
- intent to kill
- intent to cause great bodily injury (gbi)
- reckless (aka depraved; abandoned & malignant heart, wanton & willful)
- felony murder-killing during a felony
What falls under unlawful homocide?
Categories of Criminal Homocide are:
- 1st degree murder
- 2nd degree muder
- voluntary manslaughter
- involunterary manslaughter
What is the CA 1st and 2nd degree murder?
- 1st degree:
- Wilful, premeditated & deliberate (P&D)
- felony murder
- prohibited means (poison/torture)
- drive-by shooting
- 2nd degree:intent to kill (non P&D)
What are some ways to prove P&D murder?
- planning an activity
- motive, poor relationship between the D and V
- D's conduct before and during killing (threat)
- Method of killing
- D's confession/admission
In CA, premeditated and deliberate murder:
- willful: intentional
- deliberate: carefully weighed pros and cons and decided to kill
- premeditated: decided to kill before doing the act that caused death
What is the definition of Felony-Murder Rule?
When a death results from felon, or co-felon conduct in furtherance of the felony (or attempted felony) = murder.
Under Felony Murder, who is liable for the killing?
- Only if co-felon or felon do the killing.
- If co-felon does the killing you are liable too.
- If victim or witness kill, they are not liable.
For a person to be charged with Felony-Murder where must the death occur?
- Death must occur during the course of the felony ("in furtherance")
- Must happen close in place in place and time to the felony. Includes escape (semingly safe).
Under risky behaviour causing death, what is reckless?
- 2nd degree murder
- causious disragard of substantial and unjustifiable risk to human life.
- -shooting apple off head
Under risky behaviour causing death, what is negligence?
- Involuntary manslaughter
- should have know there was a substantial and unjustiable risk to human life.
- -cleaning and loading a gun that goes off.
What is manslaughter?
Unlawful killing of another humna being without malice aforethought.
What are the two types of manslaughter?
- Voluntary= intentional
- heat of passion
- imprerfected self-defense
- Involuntary- unitentional
- neglicent killing
What are the elements for a sucessful heat of passion?
- Adequete provocation
- subjective: D was provoked
- objective: and ordinary person would be
- Any intense overriding emotion
- ex. fear, anger, resentment, jealousy, desperation.
What is the defintion of Rape?
- Unlawful sexual intercourse with a women by a man.
- by means of force or fear (threats)
- and without her consent.
In relations to Rape, what is entrinsic force?
- There must be force beyond that needed to penetration.
- CA: no resistance by the victim is required.
- but there must be enought force to "overcome will" of woman.
In relations to Rape, what is instrinsic force?
only requires force needed to penetrate.
Mens Rea for Rape?
- Intended to have sexual intercourse with the woman.
- knew she did not consent
- Defense: thought she concented
- subjective- d actuallly thought so and, objective- a reasonable person would have thought so.
California Statutory Rape Law
- illegal because the law states its rape.
- illegal because it is prohibited
- Defintion: adults 18 year or older
- Minor younger than 18
Sex between an adult and minor is a crime:
- misdeamenor if less than 3 years difference
- mora than 3 years- can be a felony.
What is Battery?
- intentional and
- harmful or affensive
- of another