Chapter 6 Key Terms Absolute Exemption in relation with marital exemption some states retain an absolute exemption under no condition can the state prosecute a husband for sexual battery upon his wife Actus Rea The elements or physical acts that define a particular crime Aggravated Assault a felony differs from simple with the presence of a weapon I m going to hit you with my hammer Aggravated Battery felony involves a weapon or item used as a weapon serious bodily harm disability or disfigurement Armed Robbery a firearm or some other weapon is used to carry out the robbery many states have a mandatory sentencing law whenever a firearm is used in a crime If the suspect has employed a gun or a rifle the judge has no choice except to impose a predetermined minimum sentence Assault occurs when one person threatens to hurt another person 2 elements must be present The person making the threat must be able to carry out his or her intentions Also the assailant must place the victim in genuine fear for his or her well being There are 2 types of assault simple and aggravated Attempt the failure to finish the criminal act Battery a successful assault involves the intentional touching or striking of a person against that person s will The offender must also intend to injure the victim Burglary involves trespass along with the intent to commit another crime usually a theft but any other offense can fulfill this requirement Child Stealing usually arises in parental custody disputes ex mom and dad are divorced mom is awarded primary custody dad gets weekend visitation and is supposed to return the child on Sunday instead he keeps the child and brings him to another state since the dad is violating the court order he has committed child stealing Conspiracy an agreement or pact between two or more persons concerning some unlawful activity The agreement may deal with the actual commission of a crime the planning behind the enactment of a crime or any other form of assistance that helps to facilitate a crime Corpus Delicti body of a crime contains 2 parts the mens rea and actus rea Criminal Mischief AKA vandalism the 2 terms are used interchangeably Curtilage the immediate living area surrounding a dwelling has a roof covering the area garage house porch shed carport Deliberation the person has thought over the consequences and has still decided to kill the victim part of 1st degree murder Elements the actions that constitute a particular crime Embezzlement the fraudulent conversion of someone else s property Equivocality Approach a test the courts have used to determine if a crime was attempted think of an audience watching a videotape suddenly someone stops the videotape if the reasonable response is that a crime was about to happen then an attempt to commit that crime is taking place Excusable Homicide lawful homicide refers to a death that results from an accident or sheer misfortune False Imprisonment the suspect forcibly detains the victim against his or her will but does not relocate the victim to another spot Felony a serious crime punishable by more than one year imprisonment Felony Murder Rule means that if a person dies during the course of a felony that is dangerous to life usually robbery burglary sexual battery arson kidnapping the suspect is responsible for that death Such a death falls into the first degree murder category First Degree Murder a murder involving a malice aforethought deliberation and premeditation Grand Theft taking of property over a statutorily predetermined amount in Florida theft over 300 is grand felony Heat of Passion a temporary loss of control involved in voluntary manslaughter it involves 4 conditions listed in the review question section Homicide the killing of one human being by another two classes lawful and unlawful Involuntary Manslaughter Involuntary manslaughter is a catchall Every unintentional killing of a human being is involuntary manslaughter if it is neither murder nor voluntary manslaughter nor within the sense of some recognized justification or excuse Either negligence or recklessness can produce this type of homicide Justifiable Homicide An example of a lawful homicide would be the category of justifiable homicide A justifiable homicide involves the use of lethal force to prevent serious injury or death to another or to oneself Kidnapping the unlawful restriction of a person s ability to move about freely and relocate to another place Larceny taking using or depriving a person of some property without that person s permission does not involve the use of force or the threat of force against the victim therefore it is a property offense Malice Aforethought the intent to commit a felony or to cause death or serious harm part of 1st degree murder Manslaughter unlawful homicide homicide is classified as manslaughter if it involves negligence or takes place under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or cause Marital Exemption Common law does not recognize a husband as being capable of raping his own wife The thinking here is that marriage represents a contractual arrangement between husband and wife This matrimonial agreement means that the husband pledges to support and protect his wife The wife in turn promises exclusive sexual access for the husband upon demand A refusal by one party violates this contract Steps to overcome this refusal are seen as a mere assertion of the husband s property rights Mens Rea the guilty mind refers to the actual mental state of the suspect Misdemeanor a minor crime that carries a maximum confinement of up to one year Murder unlawful homicide when a homicide is committed purposely or knowingly or it is committed recklessly under circumstances manifesting extreme indifference to the value of human life Negligence behavior that exposes others unnecessarily to the risk of death or serious bodily injury Partial Exemption in relation to marital exemption other states have a partial exemption if the two parties are in the process of a separation or a divorce a prosecution might be feasible Petty Theft taking property valued at less than some statutorily predetermined amount in Florida theft at less than 300 is considered petty misdemeanor Premeditation implies that the person planned to carry out the killing part of 1st degree murder Probable Cause Evidence that points to a certain person as being the one who perpetrated the offense Probable Desistance
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