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Last Minute Clarifications -- 10.11.02
Got some last minute things to point out, hope they help...

***Robbery Definition: 
CL-- Trespassory taking and carrying away of another's property by 
force or threat of force taken from their presence with the intent to 
steal or permanently deprive. (As Rudi so eloquently put it: larceny 
+ 2).

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***Rape:
Rape is a general intent offense. While the requisite mental state 
to commit rape requires more than just the intent to commit sexual 
intercourse, the fact that rape must be accomplished through the use 
of force or violence does not necessitate proof of a specific 
intent. 

Modern Variations of Rape- (California) broke down into first and 
second degree. 

first degree rape-- had assault, death or risk of death

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***ENUMERATED FELONIES under FMR-- this makes it first degree FMR

BARRK-- Burglary, Arson, Rape, Robbery, Kidnapping-- these are the 
BASICS, most states have these and MORE.

For CALIFORNIA, enumerated felonies for FMR:
BARRK plus:
mayhem
torture
lewd act with a child
train wrecking
sodomy 
oral copulation
penetration by a foreign object
carjacking

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***INvoluntary Manslaughter:

Modern Variation: CALIFORNIA: 
The unlawful killing of a human being, WITHOUT malice, in the 
commission of an unlawful act not amounting to a felony.(misdemeanor)

HOWEVER, it has been seen that killing in the commission of a 
misdemeanor under circumstances that create a clear and known danger 
to human life will be second degree murder. (beware!! so even if it 
was a misdemeanor act, but it was DANGEROUS TO HUMAN LIFE, then it's 
2nd degree murder, NOT involuntary manslaughter...)

So if you're not sure, if you're are toggling between second degree 
murder and involuntary mans, look at the act.

1. Was it a felony? If yes-- 2nd degree murder.
2. Was it a misdemeanor?
----> What kind of misdemeanor:
-------->Not dangerous to human life------INVOLUNTARY MANS
-------->DANGEROUS to human life----------Second degree murder

CALIFORNIA also breaks down Manslaughter into 3:
Voluntary, Involuntary and Vehicular.

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I'll have office hours from 11 to 12 on Tuesday still. But I promise 
to always respond to your emails, so if you have one (or two, or 
seven) last burning question(s) please post and I'll answer so 
everyone gets the benefit of the answer. If you'd rather email me 
personally:

[email protected]

GOOD LUCK studying!! 
Anna
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