CRJU 314 Test 2 stuff to memorize

solicitation

asking someone to commit a crime with the intent that they do that crime

conspiracy

an agreement between two or more people who agree/intend to do an unlawful act or a lawful act in an unlawful way

attempt

1. have to have intent (mens rea)
2. need some act furthering the crime (actus reus)
3. must be more than mere plotting or preparing to do the crime

Abandonment as it relates to attempt

it is a defense in some jurisdictions; they choose not to complete the crime before they finish it; the change of heart must be voluntary and uninfluenced by outside sources

defense of legal impossibility

a defense to attempt
the actor did everything he could to commit the crime, but the law does not prohibit what he did

factual impossibility as it relates to attempt

NOT A DEFENSE
they intend to commit a crime, do what they can to commit it, but some extraneous factor prevents it from happening

crimes against the person

threaten fundamental values (life, freedom, privacy issues)

assault

an unlawful attempt to commit a violent injury on another coupled with the present ability to do harm

battery

unlawful, offensive touching
involves some physical contact

ABHAN

aggravated assault and battery
an unlawful act of violent injury to another with great bodily injury or the violent act was likely to cause great bodily injury so it is an egregious level

attempted murder

an attempt to kill another person with malicious intent

homicide

a general term that means the killing of one human being by another human being

common law levels of homicide

justifiable
excusable
criminal

what constitutes death?

traditionally, when the heart stops
recently, when the brain stops functioning

uniform determination of death act (SC)

defines death as either the irreversible stopping of circulatory functions or the irreversible stopping of respiratory functions or the irreversible stopping of all brain functions
(when it's the first 2, it has to be both)

murder (SC)

unlawful killing with malice aforethought

manslaughter

voluntary manslaughter

manslaughter

unlawful killing committed during the heat of passion

involuntary manslaughter

unintentional killing with reckless disregard of the safety of others

involuntary manslaughter

criminal negligence

homicide by child abuse

causing the death of a child under the age of 11 while committing child abuse with an extreme indifference to human life

reckless homicide

killing when driving a vehicle with reckless disregard for the safety of others and the victim has to die within 3 years

Felony DUI

driving under the influence of drugs and alcohol and you commit some act that's forbidden by law or you neglect a duty that is imposed by law and as a result you cause death or great bodily harm to another

administering poison

unlawfully and maliciously administering poison with the intent to kill

lynching

assault and battery by mob

lynching

an act of violence on a person inflicted by a mob who assembled with the premeditated intent to commit violence on another

mob

2 or more people

lynch mob

a group on one

criminal domestic violence

special category of assault and battery that concerns household members

CDV

this statute allows an arrest without a warrant for a misdemeanor as long as there is probable cause that the crime has been freshly committed
law enforcement can also enter your home without a search warrant if they have probable cause to believe that it

unlawful conduct toward a child

1. a child's custodian places the child in unreasonable risk of harm (does not mean the child is actually harmed)
2. or maliciously harms the child endangering his/her life or health
3. or willfully abandons the child

unlawful conduct toward a child

this statute also applies to people who cannot fend for themselves
it does not apply to corporal punishment (spanking)

child endangerment

DUI when a child under 16 is in the vehicle and the driver must be at least 18

kidnapping

stealing a person or any unlawful restraint of a person

robbery

also known as strong armed robbery

robbery

larceny with force or threat of force from a person or his immediate presence taking and carrying away property with the intent to steal it

armed robbery vs attempted armed robbery

30 years vs 0-20

anticipatory crimes

solicitation, conspiracy, attempt

ABHAN

felony sentence is 0-20 years

attempted murder

0-30 years and the sentence cannot be suspended

murder in SC

potential sentences: 30-life, death penalty, no parole, life without parole, no work credits, no time off for good behavior

felony murder

if someone is killed while a person is committing a felony, then that person can be charged with the murder

manslaughter

felony: face 2-30 years

involuntary manslaughter

0-5 years

purse snatching

snatching something valued under grand larceny from a person with the intent to steal

robbery

larceny with force or threat of force from a person or his immediate presence taking and carrying away property with the intent to steal it

armed robbery

south carolina statute: basically says that it is robbery with a weapon or you act like you are armed or the victim reasonably believes that you are armed