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AJ2 Ch 11 - 16
Chapter 11 - 16 pre final
| Question | Answer |
|---|---|
| For a killing to be unlawful homicide, it must be the result of either of these three.... | 1. An affirmative action, . An omission to act or, . Criminal negligence |
| For the act to be considered to be the cause of death, the death must occur within how much time from the proximate cause? | Three years and one day. |
| What are the two basic elements of the corpus delecti of felonious criminal homicide? | 1. The death of a human being and, 2. An unlawful act or omissions causing the death |
| What per PC187 is the definition of murder? | The unlawful killing of a human being or fetus with malice aforethought. |
| What is the difference between express and implied malice? | Express when there is a deliberate intention to kill, and implied when there is no indication that there was a provocation to kill. |
| Which type of malice is mandated in order to charge with first degree murder? | Express Malice |
| Malice aforethought must include the actual intent to kill. True or false? | false . Does not necessarily mean hatred or ill will nor an actual intent to take the victims life or anyone's life for that matter. |
| That which arises from the intentional doing of an unlawful act or lawful act with a wrongful purpose causing loss of life is what type of malice? Why? | Implied. Killing done suddenly without justification or excuse and without provocation |
| The degrees of murder ( first or second) are discussed in which penal code | PC 188 |
| What is First Degree murder? | Willful, deliberate, premeditated murder or murder in concert with rape, robbery, burglary, arson, kidnap, mayhem or train wreck. Also lying in wait, torture, poison, armor pierce ammo, explosives.... |
| What is the punishment for first degree murder! What for second degree murder? | 1. First degree murder = death, LWOP, or 25 years to life. 2. Second degree =15 years to life. |
| If convicted of second degree murder but the victim was a peace officer, what is the possible punishment ? | 25,years to life. LWOP if the defendant knew or should have known the officer was performing his official duty |
| The real difference between first and second degree murder is the element of ______? | Malice |
| Second degree murder consists of an unlawful ________ with ________ _______ but without __________ or __________. | A. Killing, B. Malice Aforethought , C. Premeditation, D. Deliberation. |
| Which of the following is second degree murder! 1. Water boarding until dead, 2. Hit with such force as to kill, 3. Waiting until the right moment to kill, 4. Poisoning the beer for a joke unaware of allergic reaction to substance. | Numbers 2 and 4 |
| The unlawful killing of a human being without malice is called...... | Manslaughter |
| What are the three types of manslaughter? | 1. Voluntary, 2. Involuntary, 3. Vehicular |
| What is Voluntary Manslaughter | Intentional killing in the heat of passion or sudden quarrel. Also may be unintentional in a sudden quarrel where killer acts with conscious disregard for life. |
| What is the difference between murder and manslaughter? | Murder requires malice, manslaughter does not |
| How is adequate provocation determined? | Would the action have produced adequate provocation in the common man is the gauge |
| What is Involuntary Manslaughter ? In which two situations do you get to IM? | Homicide unintentionally caused and without malice. 1. Accidental non felony act such as Waving around a loaded gun that discharges. 2. Lawful act without due caution. |
| What is an Excusable Homicide | When death resulted via accident or misfortune and no laws were violated. Or when death result from a fight where no undue advantage was present or weapon used. |
| The act causing the death was the result of a sudden quarrel amounting to adequate provocation. Which degree of murder is this? | Trick question. The sudden quarrel adequate provocation aspect makes it more heat of passion killing. Aka Manslaughter |
| Name the two types of homicide that are NOT criminal | Justifiable and Excusable Homicide |
| Your home gets Burglarized or Robbed? Which is correct? | Homes get burglarized, people get robbed |
| Entering a business with intent on stealing an item valued at less than ______ constitutes shoplifting. If more than this amount, the crime is what? | $950; burglary. |
| In order to establish the crime of burglary, there must be a _______ ________ to commit a theft either petty or grand. | Specific Intent |
| Define robbery | The taking of personal property from someone in his or her presence against his or her will by means of force or fear |
| T/F, a person enters the store and then decides to steal or commit a felony CAN be prosecuted for burglary. Why or why not? | False. He cannot be prosecuted for burglary because the intent to steal was not there prior to entering the store. |
| What determines if the burglary is first or second degree? | Entering a dwelling that is inhabited is burglary in the first degree. All others are second degree |
| What is the difference between the crime of robbery and the crime if extortion. | With robbery, there is no consent. In extortion, (aka blackmail) consent exists. |
| What must the value of the items be in order to constitute Robbery? | In robbery, the value of the item is immaterial. |
| The essence of this crime is that it results in unlawfully obtaining something of value by wrongfully using force or fear. The victims consent is gained via force or fear. | Extortion |
| For burglary to result, the law requires only _____ whether forced or not. As long as the perpetrator had the requisite ____ at the time the dwelling as entered. | Entry; intent |
| A burglarious intent can be reasonably inferred simply by what? | The unlawful entry alone into a structure even if no crime was committed after gaining entry. |
| It is _____ to feloniously steal or take away another's personal property. It is _____ to fraudulently appropriate property by the person to whom the property was entrusted. | Theft; Embezzlement |
| How is the value of steel property determined? | By the reasonable fair market value. Services, by the contract price or reasonable going wage.m |
| The taking of property requires two elements. They are......... | Caption ( gaining possession) and Asportation ( carrying away the property). |
| In the crime of Theft, what must the perpetrator have a desire to do in regard to the property stolen? | He must have the intent to permanently deprive the owner of their property. |
| What is bunch theft ? | Theft by trick or device |
| Consanguinity | Blood relationship |
Created by:
JeromeG
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