Mgmt 354, Notes Chapter 8

During the break and then come back and see that your

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during the break and then come back and see that your textbook is gone – larceny. But if a person tries to grab the book out of your hand and then you try to resist then somebody can get injured in this situation, then-- robbery. Arson- normally we think about arson as fire, burning somebody’s property. In some sovereigns, if there is an explosion, it is all encompassing so jury should think about it as arson. Normally there is a fire with explosion, but not always. Murder - What is murder? Killing another human being without any excuse or justification. What could be an excuse? Self-defense or acts of war. According to statute a person who knowingly or intentionally kills another human being is a murder. Some sovereigns require (even though the statute doesn’t say it) the murder to be pre-meditated, i.e. the killing of another human being without any excuses or reason or justification should be premeditated to be considered as a murder. What does premeditation means? It means planned out, so in case of murder it would be a planned murder. Depending upon how the statutes are written in a sovereign – it could be considered a higher level offense or lower level. Premeditated – knowingly and intentional – that’s murder – some sovereigns might call it first degree murder. Voluntary manslaughter (some sovereigns might call it 2 nd degree murder or voluntary homicide) It is still knowingly and intentional killing of other human being. It is not accidental. Some sovereigns charge this criminal offense when there is no premeditation. The term heat of passion or sudden heat are used. Involuntary manslaughter is accidental killing of another human being. Involuntary manslaughter-- lower level of offense – mostly when a driver in a vehicle hits a pedestrian or hits another car and kills the person in that car. A prosecutor could charge them with involuntary manslaughter. Criminal trespassing- Not having a contractual interest in the property, knowingly or intentionally enters into the real property of another person. What’s real property ? Land and anything attached to it for its reasonable life. Battery - Criminal battery. A person touching another person knowingly or intentionally in a rude, angry or insolent way may be considered battery. What is insolent? Disrespectful. Battery – usually hitting somebody. Does it have to be always that? No. Example of the throwing of a knife and stabbing a victim – battery ? Yes. Person shooting the victim. The bullet hitting the victim is a battery. If the person died, it could be a murder or involuntary manslaughter. Assault- An assault is intentional conduct that threatens a person with a well-founded fear of imminent harm coupled with the present ability to carry out the threat of harm. Angry assertion along with aggressive movement in the direction of the victim with the intent to carry out the threat is an assault. Mere words, however, although insulting, are ordinarily insufficient to constitute an assault. Kidnapping – normal aspect is taking somebody and holding them against their will, without a legal right.
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  • Fall '08
  • Staff
  • criminal law, person, theft

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