This document defines key legal concepts related to felonies and criminal intent. It discusses the following:
1) A felony is a serious crime punishable by imprisonment or death. 2) Criminal intent, or malice aforethought, exists when an act is done with deliberate intent. 3) Criminal negligence occurs when wrongful acts stem from lack of skill or foresight. The document then examines the elements of criminal negligence, requisites of criminal intent, and classification of felonies by degree of execution.
This document defines key legal concepts related to felonies and criminal intent. It discusses the following:
1) A felony is a serious crime punishable by imprisonment or death. 2) Criminal intent, or malice aforethought, exists when an act is done with deliberate intent. 3) Criminal negligence occurs when wrongful acts stem from lack of skill or foresight. The document then examines the elements of criminal negligence, requisites of criminal intent, and classification of felonies by degree of execution.
This document defines key legal concepts related to felonies and criminal intent. It discusses the following:
1) A felony is a serious crime punishable by imprisonment or death. 2) Criminal intent, or malice aforethought, exists when an act is done with deliberate intent. 3) Criminal negligence occurs when wrongful acts stem from lack of skill or foresight. The document then examines the elements of criminal negligence, requisites of criminal intent, and classification of felonies by degree of execution.
This document defines key legal concepts related to felonies and criminal intent. It discusses the following:
1) A felony is a serious crime punishable by imprisonment or death. 2) Criminal intent, or malice aforethought, exists when an act is done with deliberate intent. 3) Criminal negligence occurs when wrongful acts stem from lack of skill or foresight. The document then examines the elements of criminal negligence, requisites of criminal intent, and classification of felonies by degree of execution.
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1.
____________ - A public offense for
which a convicted person is liable to be sentenced to death or to imprisoned in a penitentiary or prison 2. ____________ –exists when the act is performed with deliberate intent 3. ____________ – when the wrongful acts result from imprudence, negligence or lack of skill or foresight. 3 ELEMENTS OF A FELONY 4. __________________________________ 5. __________________________________ 6. __________________________________ CRIMINAL NEGLIGENCE 7. ____________________– when a person does an act and fails to do it voluntarily but without malice, from which material damage results immediately 8. ____________________–mean that the person or nurse did not use precaution and the damage was not immediate or the impending damage was not evident or manifest 2 REQUISITES OF CRIMINAL INTENT 9. There must be ____________________ intelligence on the ____________________ part of the person ____________________ committing the ________________. felony. There is no freedom Instances exempting to act in the a person due to lack following of intelligence circumstances: 10. __________________ Under compulsion of 11. __________________ irresistible force 12. Under the impulse of __________________ uncontrollable fear or an equal greater injury CLASSIFICATION OF FELONIES ACCORDING TO THE DEGREE OF THE ACTS OF EXECUTION 13. ________________ –when all the elements necessary for its execution and accomplishment are present 14. ________________ –when the offender performs all the acts or execution which will produce the felony as ca consequence, but which will nevertheless, do not produce it by reason of causes independent of the will of the perpetrator 15. ________________ –when the offender commences the commission of the felony directly by overt (open or manifest) acts, and does not perform all the acts or execution which shall produce the felony, by reason of some cause or accident other than his spontaneous desistance
Larry Gene Bell v. Parker Evatt, Commissioner, South Carolina Department of Corrections T. Travis Medlock, Attorney General, State of South Carolina, 72 F.3d 421, 4th Cir. (1995)