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47 Cards in this Set

  • Front
  • Back
A legal duty to act/help when:
Status Relationship; contract; causing the peril; voluntary assumption of care; statute
Specific Intent Crimes:
Attempt, solicitation, conspiracy, larceny, robbery, burglary, embezzlement, false pretenses, forgery, assault, 1st degree premeditated murder
General Intent crimes:
Battery, kidnapping, rape, false imprisonment
Malice

Definition & crimes
intentionally or with a reckless disregard to an obvious or known risk.

Common law murder; arson
Mistake of fact rules
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
Common Law Battery
the unlawful application of force to another resulting in either bodily injury or offensive touching
CL Assault
1: attempt to commit a battery (swing and a miss)
2: intentionally making the victim think you’re about to commit a battery
3 kinds of CL Homicide
Murder
Voluntary Manslaughter
Involuntary manslaughter
CL Murder

CL 1st degree premeditated murder
causing the death of another person with malice aforethought

First degree premeditated murder – premeditated and deliberate killing
Malice can be inferred from 4 states of mind:
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
1 rule & 6 limitations on CL felony murder
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
CL Voluntary Manslaughter
intentional killing committed after adequate provocation
Adequate Provocation elements
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
CL Involuntary manslaughter
Killing committed with criminal negligence or killing committed during crime that’s not a felony murder
CL False Imprisonment & kidnapping
False Imprisonment: unlawful confinement of a person w/o his consent

Kidnapping: False imprisonment involving moving or hiding victim
CL Larceny
the taking & carrying away of personal property of another by trespass with intent to permanently deprive that person of the property
CL Embezzelment
conversion of personal property of another by person with lawful possession of property with intent to defraud
False Pretenses & Larceny by Trick
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
CL Robbery
larceny from other person’s presence by force of threat of immediate physical injury
CL Burglary
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
Receiving stolen property
receiving possession and control of stolen personal property known to be stolen by another person with intent to permanently deprive original owner of it
Forgery
Making a false writing or altering existing writing with intent to defraud
CL Arson
malicious burning of an other’s building Intentionally or with reckless disregard
Accomplice
One who aides or encourages criminal in committing the crime
CL Accomplice liability rules
Whatever crime principle commits, accomplice is guilty of same

Accomplice may still be guilty even if principle is not guilty
Not a CL accomplice if:
Mere presence
Mere knowledge
Members of protected class (victim)
CL withdrawel doctrine
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)
CL Solicitation
asking one to commit crime with intent that they do it
CL Conspiracy & rule of vicarious liability
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
CL Attempt
conduct that gets dangerously close to committing the crime

(specific intent!)
Impossibility Defense
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
CL withdrawal for inchoate crimes
Not a defense but if D does withdraw, then he is no longer vicarious liable
CL Merger Doctrine
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
M'naghten rule
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
Irresistible impulse test
If D is unable to control his actions or unable to reform conduct to requirements of law
Durem Test/product test
D’s act was product of his mental illness
MPC test
D lacked substantial capacity to either appreciate criminality of his conduct or conform his conduct to the law
Burden of Proof for insanity defense
Affirmative Defense - D must raise it & prove it
CL Defense of Voluntary Intoxication
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
CL infancy defense
child under age of 7 cannot be prosecuted

7-14 – there is a rebuttable presumption

14 + is an adult
CL self defense rule
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
CL retreat req
there is none!
Mistake & self defense
if mistake was reasonable then can claim self defense
Self defense & defense of others
Non-deadly force can be used to stop any form & deadly force can be used only to prevent crime that endangers human life
self defense & defense of property
can’t use deadly force unless creates a risk to victim (I.e., robbery)
CL defense of Duress
If D forced to commit non-homicidal crime under threat of serious bodily injury or imminent death
Defense of Entrapment
If gov’t unfairly tempts D and

Criminal design originated with police

D was not predisposed to commit crime