Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
75 Cards in this Set
- Front
- Back
What is homicide ?
|
Homicide is the death of a human being caused by another human being.
|
|
What is first degree murder?
|
Intentional Killing of a human being by another without excuse, justification or mitigation, but with premeditation (in fact reflected) and deliberation (cool mind)
|
|
What are the two types of first degree murder?
|
Intentional Killing WITH premeditation and deliberation and Felony Murder.
|
|
What are the 3 types of 2nd Degree Murder?
|
1. Intentional Killing Without Premeditation and Deliberation
and 2. Depraved Heart Murder 3. Intent to Cause Serious Bodily Injury |
|
Can the specific intent to cause serious bodily injury be murder if a death results?
|
Yes, 2nd Degree murder.
|
|
Is the year and a day rule in effect in Maryland.
|
No. The rule has been abolished in MD.
|
|
What is the definition of Felony Murder?
|
A killing that occurs
during the course of and in furtherance of and inherently dangerous felony. |
|
What are the two types of Manslaughter?
|
Voluntary and Involuntary
|
|
What is the difference between murder and manslaughter?
|
Malice
|
|
What are the inherently dangerous felonies?
|
Burglary
Arson Rape Robbery Kidnapping (at common law) |
|
What does voluntary manslaughter require?
|
Adequate Provocation
In Heat of Passion No Time to Cool OFF |
|
What are the inherently dangerous felonies in MD?
|
MRS BAKER
Mayhem Rape Sodomy Burglary Arson Kidnapping Escape Robbery PLUS Car Jacking Crimes involving explosives |
|
What is the year and a day rule?
|
When a death occurs within a year and a day of defendant's act
|
|
What are Imperfect Defenses?
|
Self Defense, Defense of Others, and the right to use deadly force to apprehend DANGEROUS criminals or prevent felonies, missing an element necessary for any of these, may reduce murder to voluntary manslaughter.
|
|
What is Imperfect Self Defense?
|
ISD occurs when a person has an honest, BUT UNREASONABLE, belief that deadly force is necessary for self defense.
|
|
What are other forms of Voluntary Manslaughter?
|
Coercion and Necessity.
Assisting in Suicide. Diminished Mental Capacity. |
|
What are the types of Justifiable Homicides?
|
Killings Done Under Public Authority,Killings to Prevent Escape. ,Killings to Prevent Crime ( dangerous felony, use of deadly force REASONABLY necessary to prevent crime, and crime prevention is the motive).
|
|
Under the Majority Rule, must one retreat before using deadly force when faced with IMMINENT DANGER OF DEATH OR SEVERE BODILY HARM?
|
No. Under the Majority Rule, there is no duty to retreat.
|
|
In Maryland AND the Minority Rule (NOT THE MAJORITY RULE), must one retreat when faced with imminent danger of death or severe bodily harm?
|
Maybe. If retreat can be accomplished safely, then there is a duty to retreat before using DEADLY FORCE. EXCEPTION: NO DUTY TO RETREAT IN YOUR OWN HOME.
|
|
Is there a duty to retreat before using non-deadly force in self defense?
|
No. The majority rule, the minority, rule and MD all agree that there is no duty to retreat before using non-deadly force in self-defense.
|
|
What is the Castle Doctrine?
|
The Castle Doctrine provides that even in jurisdictions, like MD, that require retreat, a person in his own home or office, is not required to retreat before using DEADLY FORCE.
|
|
When can a first aggressor assert the defense of self-defense or use deadly force?
|
1. He attacked with non-deadly force and was met with deadly force in return or
2. He withdrew and too reasonable steps to notify the victim of his withdrawal. |
|
Under the TRADITIONAL RULE, can a person use non-deadly force to resist an unlawful arrest?
|
Yes.
|
|
Under the TRADITIONAL RULE, when can a person use deadly force to resist unlawful arrest?
|
A person may only use deadly force if the arrest was carried out with excessive force.
|
|
Is the use of deadly force ever justified to defend property that is not a dwelling?
|
No. Only reasonable non-deadly force can be used to prevent trespass or loss of personal property, or unlawful entry or trespass.
|
|
What is first degree assault in MD?
|
Common Law Assault, with the intent to cause "serious physical injury" includes strangulation, dismemberment, etc. or a firearm regardless intent.
|
|
What is 2nd Degree Assault in MD?
|
Same as Common Law Assault.
|
|
What is motion to suppress ?
|
A motion to exclude evidence seized in violation of the Constitution? (Circuit Court, before trial, must rule before trial). W/burden on defense, w/0 its on the government.
|
|
What is Assault in the 3rd Degree?
|
Intentionally causing physical injury (excluding minor injury) to a person who the defendant should know is a police officer on duty.
|
|
What is Reckless Endangerment?
|
The creation of a substantial risk of death or serious injury to another or recklessly discharging a firearm from a vehicle.
|
|
In MD can a person be charged with arson for burning their own home?
|
Yes.
|
|
What is burglary in the first degree in MD?
|
Burglary in the first degree occurs when a person breaks, enters, the dwelling of another with the intent to commit theft or crime of violence.
|
|
What is Burglary in the 2nd Degree in MD?
|
Burglary in the 2nd occurs when a person breaks, enters, the STOREHOUSE of another, with intent to commit theft, a crime of violence, or arson in the 2nd Degree.
|
|
What is Burglary in the 3rd Degree in MD?
|
Burglary in the 3rd occurs when one breaks and enters the dwelling of another with the intent to commit ANY CRIME.
|
|
What is burglary in the 4th Degree?
|
Burglary in the 4th occurs when one breaks, enters, the DWELLING OF ANOTHER, presence in the dwelling OR storehouse, any yard, garden, with intent to commit theft; possession of burglary tools with intent for anyone to use the tools to steal.
|
|
What are crimes of Violence under the MD burglary statute?
|
Murder
Robbery Maiming and Mayhem, Rape Sex Offense in 1st or 2nd Carjacking Handgun for felony or violent crime Assault in 1st Kidnapping Arson in 1st |
|
What is the M'Naghten Test for insanity?
|
A person is legally insane if:(1) the person could not understand the nature and quality of their actions or (2) that their actions were wrong.
|
|
What is the Durham Rule or Test of Insanity?
|
If the unlawful act was produced by the mental disease, then the person is legally insane.
|
|
Can a defendant be charged with separate crimes, in separate trials, arising from the same criminal transaction?
|
Yes, unless any of the charges are lesser included offenses of other charges.
|
|
In MD, does the transferred intent doctrine apply to attempt?
|
No. Example: D shoots to Kill V, misses hits B, B doesn't die.
Attempt murder on V, Assault on B, but not Murder attempt on B. |
|
What is Co-Conspirator liability?
|
Conspirators are liable for each others foreseeable crimes.
|
|
What is Robbery with Dangerous Weapon?
|
Robbery with a weapon likely to cause death or serious injury.
|
|
What is Solicitation?
|
Asking another person to commit a crime.
|
|
What is Robbery?
|
Theft plus force.
|
|
What is Attempt?
|
Taking a substantial step beyond mere preparation to commit a crime.
|
|
What is RDW / Armed Robbery?
|
Robbery
Committed w/ a DW - any weapon likely to cause death or serious bodily harm |
|
CARJACKING / ARMED CARJACKING – MD Statute
|
Trying to take a car
Armed = w/ DW No asportation element General intent |
|
What is CL Assault?
|
Attempted battery type
Tried to hit, but missed General intent Ex. Swing at V but missed Intent to frighten type “Intentionally placing another in fear of an imminent battery.” Specific intent Imminent battery - not future or conditional Ex. Pointed gun and said “gonna shoot you.” |
|
What is common law battery?
|
The unlawful touching of another.”
intentional negligent battery |
|
1st Degree Assault
|
2nd degree assault committed with:
a firearm, regardless of intent, OR specific intent to cause death, or serious bodily injury |
|
Reckless Endangerment
|
Conduct that creates a
substantial risk of death or serious physical injury, where the risk is known or should be known by the actor |
|
Stalking
|
A pattern of conduct that includes approaching or pursuing another
Pattern of conduct means a series of acts over a period of time, not a single incident with the specific intent to place that person or another in reasonable fear of death or serious bodily injury. |
|
Harassment
|
A pattern of conduct
in a public place without a lawful purpose with the specific intent to harass, annoy, etc. another after a reasonable warning to desist |
|
Common Law Burglary
|
Breaking and entering the dwelling house of another in the nighttime with the specific intent to commit a felony therein
|
|
1st Degree MD Burglary
|
Breaking and entering the dwelling house of another with the specific intent to commit a theft or crime of violence therein.
dwelling only day or night intent to commit a theft or crime of violence |
|
2nd Degree MD Burglary
|
(Storehouse breaking)
Breaking and entering the storehouse (not a dwelling) of another with the specific intent to commit a theft, crime of violence or arson therein. |
|
3rd Degree MD Burglary
|
Breaking and entering the dwelling house of another with the specific intent to commit any crime therein.
dwelling only day or night intent to commit any crime – a misdemeanor |
|
MD 4th Degree Burglary- 3 types
|
B & E of any structure – dwelling or storehouse
No intent required Being on premises w/ specific intent to commit theft No B & E required (e.g., came in open door) Possession of burglar tools w/ specific intent to commit a theft |
|
What is Common Law Arson?
|
Intentionally
General intent burning Some “charring of the structure”, not just drapes or furniture the dwelling house Adapted for sleeping of another |
|
MD 1st Degree Arson
|
Intentionally burning a dwelling or any structure with person in it
Even if D is owner Dwelling includes outbuildings close to the house Knowledge that a person is in the dwelling is NOT required |
|
MD 2nd Degree Arson
|
Intentionally burning a structure
“Structure” – a non-dwelling; includes cars and boats Even if D is owner |
|
Malicious Burning - 1st and 2nd degree
|
Intentionally burning personal property of another
2nd degree: $999 or less 1st degree: $1,000 or more |
|
Burning with intent to defraud
|
Burning any property (real or personal) with intent to defraud
|
|
Malicious Destruction
|
Intentionally (“willfully and maliciously”)
Specific intent - to damage the property Damaging (“destroy, injure or deface”) Property - real or personal Value is not an element Of another Misdemeanor Increased penalty if damage = $500 or greater |
|
Trespass on Posted Property
|
Elements - A person may not:
Enter on land that is “conspicuously” posted against trespassing signs may reasonably be seen stating “NO Trespassing” or similar language |
|
Trespass on Private Property After Warning
|
Elements - A person may not:
Enter or remain on land After notice not to enter, or to leave if already on property Misdemeanor |
|
POSSESSION OF A DEADLY WEAPON
|
Wearing or carrying
a deadly weapon Enumerated OR anything if used as a weapon Excludes penknives and handguns openly with the specific intent to injure; or concealed, regardless of intent |
|
Handgun - defined
|
Concealable – small enough to hide; not a rifle
Firearm - uses gunpowder; not a BB gun, CO2 gun, toy gun, cap gun, etc. Need not be loaded |
|
Knowing possession of a
CONTROLLED DANGEROUS SUBSTANCE |
Knowing – must know you have it and know it is CDS
Possession – exercising “dominion & control” Joint or exclusive possession Actual or constructive possession Constructive Possession – Think “MP3” Mutual use and enjoyment Proprietary interest Plain view or knowledge Proximity of a CDS – listed on the “CDS Schedule” – a list of drugs |
|
Voluntary transfer of possession of CDS
|
Voluntary transfer
Need not be a sale of possession of CDS |
|
Poss. w/ Intent to Distribute CDS
|
Possession
of a sufficient quantity Large enough quantity to suggest not for personal use of CDS to indicate under all of the circumstances Even if small quantity, circumstances may suggest intent to distribute an intent to distribute the CDS Not merely personal use |
|
Conspirator’s Liability
|
Co-conspirators are liable for each others actions committed during the course of and in furtherance of the conspiracy.
|
|
Voluntary Intoxication
|
Successful defense if too drunk to form required mental state [specific intent]
Must be soooo drunk that can’t form specific intent Never successful for general intent crimes – public policy decision |
|
Involuntary Intoxication
|
Always works as a defense to any crime
|
|
Is Bigamy a strict liability crime?
|
Yes. No mens rea requirement. Mistake of law is no mistake.
|