Crime Table - Crime Theft Crimes Burglary Common Law...

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Crime Actus Reus Mens Rea Circumstance Note Theft Crimes Burglary Common Law Breaking and Entering Intent to commit a felony Trespassory Dwelling of another At Night Instrumentality Rule Burglary California Entering Intent to commit a felony Trespassory Dwelling/Structure Instrumentality Rule Robbery Common Law Taking and Asportation Intent to deprive permanently Force or threat of force From Victim or immediate presence Force only during taking Robbery California Taking and Asportation Intent to deprive permanently Force or threat of force From Victim or immediate presence Force can be applied during asportation Immediate Presence is broadened Larceny =Theft (CA) Taking and Asportation Intent to deprive permanently Trespassory Property of another Risk of loss is sufficient Grand > $500 In CA <$400 Homicide (C.L.) 1 st Degree Murder Killing Malice Aforethought Express Malice= Intent Enumerated Felonies 2 nd Degree Murder Killing Malice Aforethought Express or Implied Malice= Intent Extreme Recklessness/Depraved Heart Intent to inflict Grievous Bodily Harm Voluntary M/S Killing Without Malice Aforethought Heat of Passion/Provocation ∆ must have actually been provoked Adequate Provocation (see Note) Provocation must have lead to killing (causation) Age and sex considered Categorical Approach: SINOMA 1) Assault; 2) Serious Crime against relative; 3) illegal arrest; 4) observing spouse in adultery; 5) Mutual Combat 6) No mere words No Cooling Off Period Reasonable Person Approach: (CA) 1) Would reasonable react this way? 2) Mere Words reasonably sufficient 3) Cooling Off Period / rekindling?
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Crime Actus Reus Mens Rea Circumstance Note Involuntary M/S Killing Without Malice Aforethought Mens Rea = 1) Majority: Gross Negligence 2) Minority: Ordinary Negligence Homicide (MPC) Murder Killing Purpose, Knowledge or Extreme Recklessness (manifesting an extreme indifference to value of human life) Manslaughter Killing that would otherwise constitute Murder 1) Extremely Reckless 2) Extreme Emotional or Mental Distress Distress for person’s perspective (subjective) For which there is a reasonable excuse (objective) Elements to be considered for
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Crime Table - Crime Theft Crimes Burglary Common Law...

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