Final Review - Final Review o Actus Rea- the "guilty...

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Final Review o Actus Rea - the “guilty act,” or the act itself o Mens Rea - “guilty mind,” or the criminal intent of the crime o Crimes o Felony vs. Misdemeanor Felony - more serious crimes; sentence = up to a year in prison Misdemeanor - less serious crimes; sentence = less than a year in jail and/or a fine (no more than $1000) o Specific intent vs. General intent Specific Intent - crime with specific intentions General Intent - the act alone, w/ no specific victim o Strict liability crimes - crimes that involve only the offense itself (no mens rea) o Homicide - the killing of one human being by another human being Murder (25 years to life…also may require capital punishment): 1) The unlawful killing 2) of another human being or fetus 4) with malice aforethought o Malice aforethought - the mens rea of murder: The intent to kill The intent to inflict great bodily injury The intent to commit a felony Transferred intent - aiming for someone and hitting someone else Fetus killing- o It is still murder if the offender did not know the woman was pregnant o Fetus does not have to be viable Felony-murder rule - any killing that is caused with the intent to commit a felony is murder (even if the felon did not intend to kill the person) Voluntary Manslaughter (heat of passion): 1) The unlawful killing 2) of a human being 3) without malice Involuntary Manslaughter : 1) Unintentional killing 2) caused by the commission of any act 3) in a criminally negligent manner o Battery : 1) Willful 2) Unlawful 3) force or violence
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4) on another Aggravated battery - o 1) if a deadly weapon was used o 2) if the victim received serious bodily injuries o Assault (“attempted battery”): 1) Unlawful attempt 2) with present ability 3) to do violent injury 4) on someone else No such thing as “attempted assault” o Larceny-theft : 1) Taking 2) and carrying away 3) the personal property 4) of another 5) with the intent to permanently deprive the owner of the property o Robbery (“aggravated larceny”): 1) Taking 2) and carrying away 3) the personal property 4) of another 5) with the intent to permanently deprive the owner of the property, and 6) taking the property in the presence of the victim 7) by the means of either violence or intimidation, or both o Burglary : When a person enters a building, structure, or vehicle with the intent to commit larceny or any felony o Probable Cause - a reasonable person would conclude that the person in question committed the crime, or intended to commit the crime o 4 th Amendment: o No unreasonable searches or seizures o Must be based on probable cause o See “Warrants and Exceptions” o 5 th Amendment: o Privilege against self-incrimination The state must prove the guilt of the accused Confessions must be obtained Constitutionally: Confession was made voluntarily and intelligently
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Final Review - Final Review o Actus Rea- the "guilty...

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