Criminal Law Chapter 11 Class Notes PDF

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Criminal Law Chapter 11 Class Notes          

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9:30-11:30 1:30-5. 1 page. Assault and Battery are in fact separate offenses. A battery is the application of force to another person. An assault may be committed either by attempting to commit a battery or by intentionally placing another in fear of a battery. Notice that an assault does not involve physical contact. Assault is the threat of it, such as spit or threat. Battery requires: Act-application of force resulting in bodily injury. Intent-intentional, knowing, reckless, or negligent application of force. Consent- implied or explicit may be a defense under certain circumstances. Aggravated batteries are felonies and typically require: Serious injury Use of a dangerous weapon Or intent to kill, rape, or serious harm. Common law crime of mayhem is included in several states. An assault may be committed by an attempt to commit a battery. In Texas: Mayhem is called aggravated assault causing serious bodily injury. Aggravated battery (deadly weapon) is called aggravated assault with a deadly weapon.

Domestic Battery  

Enhanced punishments are provided for assaults and batteries against family members. Protection not limited only to cohabitating family members but also: Spouses living apart Unmarried individuals living together Individuals who have children together In some states, those who are dating.

Assault  

May be committed by an attempt to commit a battery or by placing an individual in fear of a battery. Elements: Intent Act Present Ability Victim

Kidnapping    

Kidnapping at common law was the forcible abduction or stealing away of a person from his or her own country and sending him into another country. Human trafficking is kidnapping on a global level. Intent: an intent to move or to confine the victim without his or her consent. Criminal Act

Forcible movement of a person from one place to another. Any movement, no matter how limited, is sufficient. True kidnapping situations must have movement that is more than slight. False Imprisonment    

Defined as the intentional and unlawful confinement or restraint of another person. It is a crime that punishes interference with the freedom and liberty of the individual. Requires an intent to restrain the victim May overlap with kidnapping or assault and battery.

Chapter 12 Burglary  

At common law was defined as the breaking and entering of the dwelling house of another at night with the intention to commit a felony. The crime protects several interests: Home-right to peaceful enjoyment of the home. Safety Escalation

Breaking  

Most states no longer require a breaking. Unlawful entry is now sufficient.

Entry 

Only a portion of a person’s body need enter a dwelling for an entry to occur.

Dwelling of another   

No longer limited to a home, but any private structure. Structure must be owned by another person. Concerned with who resides in a structure, not necessarily who owns it.

In Texas: entering the habitation of another without consent, with intent to commit theft or assault or another crime, or enter and then commit a crime like theft or assault. Intent  

Defendant must plan to commit a felony when the breaking and entering is required for burglary to occur. Nighttime requirement no longer exists.

Aggravated Burglary    

Committed at night Intent to commit egregious felonies Armed with a firearm Armed with a dangerous weapon

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Burglary is a distinct offense and does not merge into the underlying offense.

Trespass 

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Criminal trespass is the unauthorized entry or remaining on the land or premises of another. The actus Reus is entering another person’s property without his or her permission. Misdemeanor in Texas. Into a house is a class A misdemeanor. A defiant trespass occurs when an individual knowingly enters on a premises after receiving a clear notice that he or she is trespassing. Criminal trespass entails an unauthorized entry, and unlike burglary, there is no requirement that the intrude intent to commit a felony.

Arson     

Common law arson is defined as the willful and malicious burning of the dwelling house of another. The purpose is to protect the home along with the occupants and their possessions. The mens rea of common law arson is malice. Fire must not necessarily destroy or seriously damage the structure. States no longer limit to dwelling places. States no longer limit to property of another.

Criminal Mischief    

The destruction of, or damage to, the personal property of another. Includes damage to both personal and real tangible property. Directed against interference with the property of another Three types of acts: Destruction or damage to tangible property Tampering with tangible property To endanger a person or property

Exam Review: Chapter 10: 1. Understand the development and history of the common law of homicide and the distinction between murder and manslaughter. 2. Know the differing views on when life begins for purposes of homicide and the legal tests for determining death. 3. Describe the actus reus of homicide. 4. Know the elements of first-degree premeditated murder. 5. Understand the characteristics of capital and aggravated first-degree murder. 6. Know the difference between first and second degree murder 7. List the elements of depraved heart murder. 8. Understand felony murder and compare and contrast the differing theories of criminal responsibility. 9. State the elements of voluntary manslaughter and state the elements of involuntary manslaughter.

Chapter 11 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Know the definition of rape under the common law List some of the changes in the reforming rape laws Compare and contrast the extrinsic and intrinsic tests for the actus reus of rape Know the difference between fraud in the factum and fraud in inducement. Understand the standard for the mens rea of rape. Summarize the law of statutory rape State the law on the withdrawal of consent Explain rape shield laws Describe the difference in battery Know the elements of the crime of stalking Describe the intent and act requirement for kidnapping Distinguish between kidnapping and false imprisonment.

Chapter 12 1. Know the common law of burglary and the changes to the law of burglary introduced by burglary statutes. 2. Understand the law of trespass and difference between burglary and trespass 3. Know the mens rea and actus reus of arson 4. State the law of criminal mischief and the three categories of acts that constitute criminal mischief under the model penal code....