Criminal Law: Elements and Definitions Flashcards

Which of the following elements is required to prove the crime of misdemeanor larceny in North Carolina?

Answer: The defendant took and carried away the personal property of another without their consent.

The core elements of larceny are: (1) the taking of goods or property of another, (2) carrying them away (asportation), (3) without the owner's consent, and (4) with the intent to permanently deprive the owner of the property. The value of the property (generally under $1,000) determines if it's a misdemeanor, but the act of taking and carrying away is the key element.

What is the primary difference between an 'assault' and a 'battery' in the context of criminal law?

Answer: Assault is an attempted or threatened harmful contact, while battery is the actual harmful or offensive contact.

Historically, assault was the threat or attempt to cause harm, creating a fear of imminent contact, while battery was the unlawful physical contact itself. In North Carolina, the single term 'assault' is used in statutes to cover both concepts, but understanding the distinction is crucial for legal definitions.

To be convicted of felonious Breaking or Entering under G.S. 14-54(a), the State must prove that the defendant broke or entered a building without consent and with the intent to do what?

Answer: Commit any felony or larceny therein.

The element that elevates a simple trespass to felonious breaking or entering is the defendant's intent at the time of entry. The statute requires that the defendant entered with the specific intent to commit any felony or any larceny (theft) inside the building.

The two fundamental components of a crime are the 'guilty act' and the 'guilty mind'. What are the corresponding Latin legal terms for these components?

Answer: Actus reus and Mens rea

Actus reus refers to the physical act of the crime itself (the guilty act). Mens rea refers to the mental state or intent of the person committing the act (the guilty mind). Both are required to be proven for most criminal convictions.

Which of the following is a key element that distinguishes First-Degree Murder from Second-Degree Murder in North Carolina?

Answer: Premeditation and deliberation.

While both degrees of murder involve an unlawful killing with malice, First-Degree Murder requires the additional elements of premeditation (thinking about the act beforehand) and deliberation (carrying out the act in a cool state of mind). These elements demonstrate a more calculated and culpable mental state.

In criminal law, a person who is actually or constructively present and aids or abets another in the commission of a crime is known as a(n):

Answer: Principal.

A principal is the person who actually commits the crime or who is present (actually or constructively) and aids, abets, advises, or encourages the commission of the crime. An accessory before the fact helps plan but is not present, and an accessory after the fact assists the principal after the crime is complete.

The crime of Robbery with a Dangerous Weapon (G.S. 14-87) involves taking property from another by using or threatening the use of a dangerous weapon. What does this use or threat of a weapon accomplish?

Answer: It endangers or threatens the life of a person.

The core of armed robbery is the element of force or fear created by the weapon. The statute specifies that the act must endanger or threaten the life of a person, which is what distinguishes it from simple larceny and makes it a very serious felony.