i'm studying... really i am!

[windandwater]

Hi-chan: the common law rule for murder is the killing of a human being with malice aforethough with no justification or mitigation
SkyyBlueandBlack: ... taht's good to know...
Hi-chan: the modern variations are that "killing" includes the CL year and a day rule, where if the victim dies within a year and a day of the act, murder still applies
Hi-chan: in some states, the year and a day rule is extended to three years and a day
Hi-chan: under modern variations, "human being" now includes infanticide
SkyyBlueandBlack: :::nods:::
Hi-chan: and the modern interpretation of "death" is lack of brain activity, "brain death" rather than cessation of bodily functions
SkyyBlueandBlack: :::nods::: that one, i'd heard...
Hi-chan: the common law definition of burglary is the breaking and entering of another's dwelling house at night with the intent to commit a felony therein
Hi-chan: under modern variation, a "breaking" is not specifically needed, the act of stepping foot into the dwelling house suffices
Hi-chan: also, "entering" does not have to be a bodily part, but can be a tool, such as a crowbar
SkyyBlueandBlack: ah, so even if the owner for some reason lets you in, it still works...
Hi-chan: nonon, if you let someone in it doesn't count
Hi-chan: it would be robbery
Hi-chan: you can leave your door open and unlocked
SkyyBlueandBlack: oh, okay
Hi-chan: if someone comes in, that's breaking and entering
SkyyBlueandBlack: ahh... i get it!
Hi-chan: also, "dwelling house" has likewise been extended to include such things as automobiles or any other residence where people may be found
SkyyBlueandBlack: makes sense
Hi-chan: modernly, the rule of "at night" has been dropped, to allow a burglary to occur at anytime of the day, night, evening, or sunset
Hi-chan: the common law definition of robbery is taking away another's property by force or threat of force while in their presence
Hi-chan: the common law definition of larceny is the taking and carrying away of another's property with the intent to permanently deprive that person of their property
Hi-chan: the common law definition of rape is the carnal knowledge of a woman by force or threat of force against her will
Hi-chan: the common law definition of "carnal knowledge" is when a male's sexual organ comes in contact with a female's sexual organ
SkyyBlueandBlack: ...
SkyyBlueandBlack: i can think of exceptions.
Hi-chan: the common law definition of "woman" is any female the age of 10 or above
Hi-chan: under 10 is the common law statutory rape
Hi-chan: i'll talk about the exceptions later!
Hi-chan: this is common law!
SkyyBlueandBlack: ... kentucky, right?
Hi-chan: :::coughs:::
SkyyBlueandBlack: gomen
Hi-chan: the common law required the woman to raise a "hue and cry" in her defense to legitimize her rape
Hi-chan: under modern variations, "carnal knowledge" now includes penetration with foreign objects
SkyyBlueandBlack: ah
Hi-chan: "woman" is defined state by state, with ages ranging from the CL 10 to 18 or 21
Hi-chan: anything below the age stated falls under statutory rape
SkyyBlueandBlack: ah
SkyyBlueandBlack: 17 in cali.
Hi-chan: modernly, most states no longer require a woman to raise the "hue and cry" so long as the evidence proves that the act is against her will
SkyyBlueandBlack: yeah, what if she's a mute?
Hi-chan: rape is a general intent crime
Hi-chan: oh, if a man rapes a woman who is mute or otherwise disabled, it's statutory rape
Hi-chan: well, it depends if muteness is a metal disability
SkyyBlueandBlack: ah, okay
Hi-chan: if it's not, then it would still be rape as long as she didn't consent
SkyyBlueandBlack: if she's, say, 32 but is autistic...?
Hi-chan: there's still the old boy's rules where "no" means "yes"
Hi-chan: autism is a mental defect
Hi-chan: statutory rape
SkyyBlueandBlack: 'kay
Hi-chan: depends on the state's laws though, but generally
SkyyBlueandBlack: just curious
Hi-chan: also, common law does not place homosexual rape as "rape"
Hi-chan: it is buggery/sodomy and beastiality
SkyyBlueandBlack: oh, really? interesting... up to individual states?
SkyyBlueandBlack: ...
Hi-chan: because it's an "unnatural act"
Hi-chan: that "offends God"
Hi-chan: this is common law
SkyyBlueandBlack: right. okay.
Hi-chan: also, sodomy is not charged as highly as rape
SkyyBlueandBlack: founded by puritans...
Hi-chan: uh huh
Hi-chan: like, statutory rape is a strict liabilty offense
Hi-chan: because they wanna punish people more for violating a little girl
SkyyBlueandBlack: right.
Hi-chan: strict liability means that if you commit the crime, you're charged with it and it doesn't matter if it was consensual, if there was consent, or if "she really looked 18, your honor!"
SkyyBlueandBlack: hahaha "she said she was 18, am i supposed to ask for an id from every girl?"
girl: "EVERY girl???"
Hi-chan: lol