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110 Cards in this Set
- Front
- Back
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Is mere preparation sufficient for attempt
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No. Must be a substantial step
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Assault
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Attempt to commit battery or
Intentional creation Other than by mere words Of a reasonable apprehension Of imminent bodily harm |
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What one person in the conspiracy is pretending to agree
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Common-law, no conspiracy
Model Penal Code, conspiracy |
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Model Penal Code Recklessly
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Consciously disregard a substantial and unjustifiable risk
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Is a simulated weapon good enough for armed robbery
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Yes if it was a simulation of a deadly weapon
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What if a person breaks into a house at night and it's the Dwelling of another but they do not Intend to commit a felony until after they get inside at which time they change their mind
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It is not common-law burglary
Intent to commit a felony therein must exist at the time of entering |
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Non-deadly force self-defense
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Reasonably believes that force is about to be used on him
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Does Conspiracy merge
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No. Can be charged with conspiracy to commit and with the crime conspired
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Burglary
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Breaking and entering in the dwelling of another at night with the intent to commit a felony there in
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Does battery require intent
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Does not need to be intentional
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Solicitation
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Asking someone to commit a crime
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Homicide of a police officer
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Must know the victim is a law enforcement officer
Officer must be acting in line of duty |
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When is mistake if fact available
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Only when it negates intent
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What is the standard for mistake of fact
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Reasonable for malice and general intent
Unreasonable for specific intent |
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Specific intent crimes
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Solicitation
Conspiracy Attempt First Degree Murder Assault Larceny Embezzlement False Pretenses Burglary Forgery |
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Students can always fake a laugh even for ridiculous bar facts
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S
C A F L E F R B F |
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Exceptions to the duty to retreat Minority rule
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Home
Rape Robbery Police Officers |
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Breaking as far as breaking and entering
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Maybe actual or constructive
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Is the defendant liable for death of co felon?
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Defendant is not liable for the death of a co felon, as a result of resistance by the victim or the police
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Can you be charged with battery if it was unintentional?
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Yes
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How can an accomplice withdraw
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Repudiate the encouragement
Neutralize Aide Contact Police |
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Defenses negating capacity
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Insanity
Intoxication Infancy |
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Which 2 crimes require Mallice
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Murder
Ardson |
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What if just a hand enters the line into the house
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Is still entering
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State Jurisdiction
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Act
Result |
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Would picking the pocket of somebody without their knowledge be good enough for Robbery
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No there is no force or threat
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Deadly force self-defense
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Reasonably believes that deadly force is about to be used against him
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Offenses against the person
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Battery
Assault Aggravated Assault Homicide False Imprisonment Kidnaping |
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Arson
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Malicious burning of the dwelling of another
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Cause in fact
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Death would not have occurred without the defendants conduct
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Would tying up a Farmer in his barn and taking things from his house satisfy the presence requirement for robbery
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Yes
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Is factual impossibility a defense to conspiracy
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No
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Majority rule for conspiracy
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Requires an overt act in furtherance of the conspiracy
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Negligently Model Penal Code
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Fails to be aware of a substantial and unjustifiable risk
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Rape
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The slightest penetration completes the crime rape
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Retreat in self-defense
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Majority rule no retreat necessary
Minority rule retreat necessary if it is safe but only if the examiners talk about a retreat jurisdiction |
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Accomplices and intent
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They must have the requisite intent that the crime be completed
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Entrapment
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Criminal design must originate with law enforcement
Defendant must not have been predisposed to commit the crime |
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What if you are the original aggressor do you ever have the defense of self-defense
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Yes if you withdraw and communicate that withdrawal or if the victim suddenly escalates a minor flight to one that involves deadly force without giving me aggressor the opportunity to withdraw
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If the underlying felony is a killing is it also felony murder?
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No. A killing as the underlying felony cannot serve as the killing for felony muder
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One act. Shoot at one person hit another how many crimes?
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Two- One for each person - attempt for the first and battery or murder for the second
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If someone pushes open an interior door to the bedroom or living room then does a breaking exist
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Yes
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Mistake of fact
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Available only when the mistake negates intent
Must be reasonable for malice crimes or general intent crimes Can be any mistake for a specific intent crime Is never a defense to a strict liability crime |
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If a death happens while flensing a felony is it always felony murder
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A death caused while fleeing is a felony murder if the defendant has not reached a point of temporary safety
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Property crimes
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Larceny
Embezzlement False Pretenses Robbery Extortion Forgery |
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Does the force or touching in battery need to be direct
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The force does not need to be direct
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Consent
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Generally it is not a defense
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What if you take the property intending to keep it perminently under the belief that it is yours
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It would not be larcenous
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What kind of act is sufficient under the majority rule
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Any act even an act of mere preparation
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Extortion
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Knowingly seeking to obtain property or services by means of a future threat
No need to take anything from the person or his presence to be extortion It requires the threats of future harm not imminent harm |
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Malice
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Intent to kill
Intent to inflict great bodily harm Reckless indifference to unjustifiably high risk to human life Intent to commit a felony |
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What are accomplices liable for
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The crime. And all other foreseeable crimes
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Embezzlement
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The fraudulent conversion of property of another
Must-have lawful possession before the illegal conversion Anytime a trustee is in the fact pattern it could be a embezzlement Carrying away is not required for embezzlement just lawful possession The embezzler does not have to get the benefit of the property |
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Is scorching enough to be arson
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No
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What is the difference between false pretenses larceny by trick
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False pretenses gets title to be conveyed whereas larceny by trick only gains possession of the item
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Murder
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the unlawful killing of another human being with malice of forethought
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Accomplice
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Aids
Advises Encourages |
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Is trading something about which you lied for something else larceny by trick or false pretenses
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False pretenses because you "obtain title" to the item by "false pretenses" as to the item you traded.
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Elements of a crime
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Volitional Act Or Omission
Mental State |
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Which 2 crimes require general intent?
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Rape
Battery |
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What indicates strict liability on exam?
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Statute outlines administrative, regulatory, morality crime w/o intent adverb such as knowingly etc.
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Attempt
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Requires specific intent plus an overt act in furtherance of the crime
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Conspiracy
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Intent to agree
Agreement Intent to pursue UNLAWFUL objective |
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Crimes against habitation
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Burglary
Arson |
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Which crimes are co-conspirators liable for
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All foreseeable crimes committed in furtherance of the conspiracy
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Forgery
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Making or altering of a false writing with the intent to defraud any writing that has apparent legal significance will do
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What if someone falsely promises to do something in the future in order to get title of property from the owner today
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It would not be false pretenses
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Can you be charged with solicitation and the crime solicited
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No. Solicitation merges with the greater charge
Conspiracy does not merge. Can be charged with conspiracy and competed crime |
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False imprisonment
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Unlawful confinement of a person without valid consent
No available alternative route of escape Consent of the victim precludes it from being false imprisonment |
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Defense of a dwelling
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Deadly force never allowed
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Battery
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Unlawful application of force to the person resulting in either bodily injury or an offensive touching
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Purposely
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Conscious Objective to engage in certain conduct or to cause a certain result
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Statutory rape
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Strict liability and consent of the victim is no defense and mistake of fact is no defense
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Dwelling
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Must be the house of another cannot be a barn or commercial structure
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Model Penal Code Knowingly
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Aware that the conduct will vary likely cause the result
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If defendant is acquitted of the underlying felony can they be guilty of felony murder
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No
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Defense of unreasonable Mistake
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Only available for specific intent crimes
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Which four defenses only require a reasonable belief
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Self-defense
Duress Necessity Mistake of fact |
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Inchoate offenses
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Solicitation
Attempt Conspiracy |
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Larceny by trick
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Gaining possession of property from the owner by a trick
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Would the threat your money or your life be good enough for robbery
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Yes if it was a threat of imminent harm
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What is a constructive breaking
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Breaking by fraud or threat
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Involuntary manslaughter
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Criminal negligence
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Misdemeanor manslaughter
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Killing someone while committing a misdemeanor
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General defenses to crimes
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Self defense
Defense of dwelling Duress Necessity Mistake of Fact Consent Entrapment |
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Defense of others
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Majority rule defense of others is allowed if reasonably believe the person assisted would have had the right to use Force in his own defense
Majority Rule- no special relationship required |
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Proximate cause
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Defendant responsible for all results that are natural and probable consequence
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This smoke damage enough to Arson
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No
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Robbery
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The taking of personal property of another from the other person's presence by force or threat with an intent to permanently deprive him of it
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How much movement is your record for larceny
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The slightest amount
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What if a death occurs furring commission of a felony but could not have been foreseen
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The death must be foreseeable
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If a person climbs uninvited to a wide open door or window would it be a breaking
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No
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Homicide types (4)
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Murder
Felony Murder Voluntary Manslaughter Involuntary Manslaughter |
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Can you be charged with conspiracy and the complete crime?
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Yes
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Duress
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Reasonably believes himself or a third person to be in imminent danger of great bodily harm or death
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Necessity
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Must reasonably believe that the conduct is necessary to avoid a greater social harm if the pressure is from natural forces
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Can you be charged with attempt and the completed crime
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No. Attempt merges with the completed crime
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Is Charing enough to be arson
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Yes
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What If the solicited crime is Impossible?
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No defense
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What are the 4 situations where there would be a legal duty to act?
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Statute
Contract Relationship Voluntary Assumptionm |
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What intent does battery require
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Battery is a general intent crime
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False pretenses
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Persuading the owner to convey title in a fraudulent manner
The false pretenses could be as to a present or past fact A false promise to do something in the future cannot be false pretenses |
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Kidnapping
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Confinement of a person with some movement also known as asportation or concealment in a secret place
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Does the agreement have to be expressed in order for there to be a conspiracy
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No the intent can be inferred from the conduct
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Felony murder
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Any killing including accidental killing committed during the course of a felony
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Larceny
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The wrongful taking and carrying away of property of another by trespass with intent to permanently deprive
The intent to permanently deprive the owner of the property must exist at the time of the taking If you take the item from a person without the intent to keep it permanently and form the intent later it will be continuing trespass |
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Sex offenses
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Rape
Statutory Rape |
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Can one be charges with conspiracy and the crime conspired?
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Yes
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First degree murder
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Must be pre-meditated or cool reflection
Victim must be Human Victim must be Dead Defendant must have acted with intent or knowledge that conduct would cause death |
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Common-law could the building burned be a barn
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Z No it must be the dwelling of another
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