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47 Cards in this Set
- Front
- Back
A legal duty to act/help when:
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Status Relationship; contract; causing the peril; voluntary assumption of care; statute
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Specific Intent Crimes:
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Attempt, solicitation, conspiracy, larceny, robbery, burglary, embezzlement, false pretenses, forgery, assault, 1st degree premeditated murder
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General Intent crimes:
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Battery, kidnapping, rape, false imprisonment
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Malice
Definition & crimes |
intentionally or with a reckless disregard to an obvious or known risk.
Common law murder; arson |
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Mistake of fact rules
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A reasonable mistake will be a defense to any crime except a crime of strict liability; An unreasonable one is only a defense to spec intent crimes
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Common Law Battery
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the unlawful application of force to another resulting in either bodily injury or offensive touching
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CL Assault
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1: attempt to commit a battery (swing and a miss)
2: intentionally making the victim think you’re about to commit a battery |
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3 kinds of CL Homicide
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Murder
Voluntary Manslaughter Involuntary manslaughter |
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CL Murder
CL 1st degree premeditated murder |
causing the death of another person with malice aforethought
First degree premeditated murder – premeditated and deliberate killing |
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Malice can be inferred from 4 states of mind:
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1) Intent to kill
2) Intent to inflict great bodily injury 3) Recklessness indifference to an unjustifiably risk to human life 4) Felony Murder: any death caused during the commission or attempt to commit a felony |
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1 rule & 6 limitations on CL felony murder
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all co-felons taking part of commission of crime are guilty of the murder
1 - D must be guilty of underlying felony 2 - Felony must be inherently dangerous 3 - Felony must be separate from killing itself 4- Killing must be committed during the felony or immediately flight from the felony 5 -Death must be foreseeable 6 - Doesn’t apply to death of a co-felon |
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CL Voluntary Manslaughter
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intentional killing committed after adequate provocation
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Adequate Provocation elements
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1) must arouse sudden & intense passion in a reasonable person
2) D must be actually provoked 3) D did not have time to cool off 4) D must not have actually cooled off |
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CL Involuntary manslaughter
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Killing committed with criminal negligence or killing committed during crime that’s not a felony murder
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CL False Imprisonment & kidnapping
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False Imprisonment: unlawful confinement of a person w/o his consent
Kidnapping: False imprisonment involving moving or hiding victim |
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CL Larceny
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the taking & carrying away of personal property of another by trespass with intent to permanently deprive that person of the property
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CL Embezzelment
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conversion of personal property of another by person with lawful possession of property with intent to defraud
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False Pretenses & Larceny by Trick
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FP: obtaining title to personal property of another by an intentional false statement of past or existing fact with intent to defraud the other
LbT: D gets mere possession, not title |
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CL Robbery
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larceny from other person’s presence by force of threat of immediate physical injury
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CL Burglary
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Breaking and entering dwelling of another at night with intent to commit felony inside
Breaking: creating or enlarging an opening with at least minimal force |
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Receiving stolen property
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receiving possession and control of stolen personal property known to be stolen by another person with intent to permanently deprive original owner of it
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Forgery
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Making a false writing or altering existing writing with intent to defraud
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CL Arson
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malicious burning of an other’s building Intentionally or with reckless disregard
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Accomplice
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One who aides or encourages criminal in committing the crime
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CL Accomplice liability rules
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Whatever crime principle commits, accomplice is guilty of same
Accomplice may still be guilty even if principle is not guilty |
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Not a CL accomplice if:
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Mere presence
Mere knowledge Members of protected class (victim) |
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CL withdrawel doctrine
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If encouraged, then all D has to do is discourage
If aided, then must make substantial effort to prevent crime – stop it or call police (this is the same for NY) |
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CL Solicitation
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asking one to commit crime with intent that they do it
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CL Conspiracy & rule of vicarious liability
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Agreement b/w 2 or more people to commit a crime plus overt act in preparation of crime
co-conspirators guilty for all foreseeable crimes committed in furtherance of the crime |
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CL Attempt
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conduct that gets dangerously close to committing the crime
(specific intent!) |
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Impossibility Defense
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Factual: impossible to commit crime b/c of some circumstances beyond D’s control (not ever a defense)
Legal: What D was trying to do was not illegal |
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CL withdrawal for inchoate crimes
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Not a defense but if D does withdraw, then he is no longer vicarious liable
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CL Merger Doctrine
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Lesser included offenses: will count only if every element in lesser crime is also included in greater offence
Inchoate crimes: Attempt & solicitation merge; conspiracy does not |
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M'naghten rule
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b/c of mental disease or defect, D either did not know the act was wrong or did not understand the nature and quality of his act
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Irresistible impulse test
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If D is unable to control his actions or unable to reform conduct to requirements of law
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Durem Test/product test
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D’s act was product of his mental illness
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MPC test
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D lacked substantial capacity to either appreciate criminality of his conduct or conform his conduct to the law
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Burden of Proof for insanity defense
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Affirmative Defense - D must raise it & prove it
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CL Defense of Voluntary Intoxication
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Can be a defense to specific intent crimes if intoxication prevents D from forming specific intent
Cannot be defense to malice, general intent or strict liability crimes |
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CL infancy defense
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child under age of 7 cannot be prosecuted
7-14 – there is a rebuttable presumption 14 + is an adult |
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CL self defense rule
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D may use non-deadly force in self defense if reasonably necessary to protect against immediate use against unlawful force against himself
deadly force: threat of death or serious injury; cannot be initial aggressor unless effectively withdrew first |
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CL retreat req
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there is none!
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Mistake & self defense
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if mistake was reasonable then can claim self defense
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Self defense & defense of others
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Non-deadly force can be used to stop any form & deadly force can be used only to prevent crime that endangers human life
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self defense & defense of property
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can’t use deadly force unless creates a risk to victim (I.e., robbery)
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CL defense of Duress
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If D forced to commit non-homicidal crime under threat of serious bodily injury or imminent death
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Defense of Entrapment
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If gov’t unfairly tempts D and
Criminal design originated with police D was not predisposed to commit crime |