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27 Cards in this Set

  • Front
  • Back
solicitation and attempt and merger
merge into the substantive offense
conspiracy and merger
does not merge into substantive offense

(can be convicted of conspiring to do something and actually doing it)
omission and legal duty to act arises when-
1) by statute
2) by contract
3) by relationship between parties
4) by voluntarily assuming duty of care twoards someone else then failing adequately to perform it
5) where your conduct created the peril
kinds of mental states
1) specific intent
2) malice
3) general intent
4) strict liability
specific intent crimes
1) inchoate crimes (solicitation, conspiracy, attempt)
2) first degree murdere
3) assault
4) common law felonies against property (larceny, embezzlement, false pretenses, robbery, burglary, forgery)
malice crimes
1) murder (common law murder)
2) arson
general intent crime
big catchall category
strict liability crimes
adminstrative, regulatory, morality crimes without adverbs in the statute
any defense that negates intention
is no defense to Sl crimes
4) Model Penal Code:
Defendant lacked ability to conform his conduct to the requirements of law
3) Durham Rule:
Defendant’s conduct was a product of a mental illness
2) Irresistible Impulse:
Defendant lacked the capacity for self control and free choice
1) M’Naghten Rule:
At the time of his conduct defendant lacked the ability to know the wrongfulness of his actions OR to understand the nature and quality of his action
mistake of fact and specific intent
any mistake, reasonable or unreasonable
mistake of fact and malice/general intent
reasonable mistake only
mistake of fact and strict liability
never a defense
completed assault

general intent
1) attempted battery, specific intent (like all attempts crimes)

2) assault as threat, general intent
involuntary manslaughter
1) criminal negligence
2) misdemeanor-manslaughter
no reflec movements or those of an unconscious person
homicide with no intent to kill
1) felony-murder
2) second degree murder (intent to seriously injur, wanton and willful misconduct)
3) involuntary manslaughter (criminal negligence, misdemeanor-manslaughter)
imperfect self-defense
a resulting homicide is justified if d's mistaken belief that self-defense was necessary was not in good faith or objectionably reasonable
a d can argue that intentional killing was without malice-
1) adequate provocation/heat of passion
2) imperfect defenses (honest but unreasonable mistakes
1) intent to kill
2) intent to do serious bodily injury
3) wanton and willful misconduct
4) commission or attempted commission of a felony
custody, then try to keep
possession, then try to keep
when third party delivers property to EE for use of ER, EE gains POSSESSION unless
1) transaction is to be completed in the third party's presence, or
2) EE places property in a receptacle designated by the ER