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