Crim I

Front 1

What states have jurisdiction for a criminal action?

Back 1

State where conduct occurred or where result happened.

Front 2

Which crimes merge into a substantitve offense?

Back 2

Solicitation and Attempt

Front 3

What is actus reus? what are teh exceptions?

Back 3

Actus Reus: any bodily movement.

Exception: non voluntary movements, a reflexive or convulsive act, or an unconscious act.

Front 4

When can an act be an ommission.

CRS VCR

Back 4

statute, contract, relationship, voluntarily assuming duty, where conduct created peril.

Front 5

Which Crimes are Specific Intent Crimes

1 PIA

Back 5

Inchoate Offenses (solicitation, conspiracy, and attempt)
1st Degree Murder
Assault as attempted Battery
Property Crimees (Larceny, embezzlement, false pretenses, robbery, burglary, forgery)

Front 6

Which crimes are malice crimes

Back 6

Common Law Murder, Arson.

Front 7

Strict Liability Crimes

Back 7

Admibnistrative, regulatority, or morality area and the statute contains no mens rea requirement.

Front 8

Accomplice Liability

Back 8

Aiding and Abetting. Must be actively in on the crime.

Accomplices are liable for the crime itself and all other foreseeable crimes.

Front 9

Solicitation

Back 9

Asking Someone to commit a crime that is not completed.

Does Merge.

Front 10

Conspiracy

Back 10

mens rea: intent to agree and intent to pursue an unlawful objective.

Actus Rea: There must be an agreement and an overt act.

Minority view is just an agreement

Front 11

Liability for Co Conspirators

Back 11

each coonspirator is liable for all the crimes of their conspiritors if the crimes were committed in furtherance of the conspiracy and were foreseeable

Front 12

Defenses:

Back 12

Impossibility is no defense to conspiracy

Front 13

Withdrawl from Conspiracy:

Back 13

Can never withdraw from conspiracy, BUT may withdraw from co conspirators subsequent crimes.

Front 14

Attempt

Back 14

an act done with intent to commit crime that doesn't complete the crime.

Requires specific intent + a substantital step beyond mere preparation in the direction of the commission of the crime.

Front 15

M'Naghten Test

Back 15

Insanity Test. D acquitted if he lacked ability to know wrongfulness

Front 16

Irresistable Impulse Test

Back 16

D acquitted if he lacked capacity for self control or free choice

Front 17

Durham Rule

Back 17

Defendant acquitted if his conduct was due to mental illness

Front 18

Model Penal Code Test

Back 18

D acquitted if he lacked ability to conform conduct to law

Front 19

Voluntary Intoxication

Back 19

only a defense to specific intent crimes

Front 20

Involuntary intoxication:

Back 20

FOrm of insanity and is defense to all crimes.

Front 21

Infancy

Back 21

Under 7, no criminal liability. Under 14, rebuttable presumption of no criminal liability.

Front 22

Non Deadly Force

Back 22

D not guilty if he had reaosnable belief that fore would be used on him.

Front 23

Use of deadly force

Back 23

May use reasonable force if belief that deadly force will be used.

Front 24

Use of deadly force minority rule + 3 exceptions

Back 24

May use deadly force if belief that deadly force will be used on you and duty to retreat.

No retreat out of your home, if you are victim of rape or robbery, and Police officers have no duty.

Front 25

When can original aggressor use deadly force

Back 25

Usually neer has right unless he withdraws and communicates his withdrawl.

Front 26

Deadly Force and Property

Back 26

Cannot use deadly force to protect property

Front 27

Durress

Back 27

Durress can be a defense for crimes except homicide.

Front 28

Mistake of Fact.

For Specific intent, malice/general intent, strict liability?

Back 28

Def: Use facts to negate mental state.

Specific Intent: any mistake whether reasonable or unreasonable.

Malice: Reasonable mistakes only

Strict Liability: Never

Front 29

Consent as a defense?

Back 29

Almost never a defense

Front 30

Entrapment

Back 30

Almost never a defense because it requires that the defendant have no predisposition to commit the crime.

Front 31

Battery

Back 31

Completed Assault. General Intent Crime - Never Strict liability.

Front 32

2 theories of assault

Back 32

1. Attempted battery as a specific intent crime. Intend to commit a battery

-or-

Assault as a threat = general intent crime.

Front 33

Mens Rea for murder

Back 33

Malice Aforethought

Front 34

What types of murder have malice aforethought?

Back 34

Intent ot kill, intent to inflict great bodily harm, reckless indifference to high risk of human life, intent to commit fellony (felony murder)

Front 35

Voluntary Manslaughter

Back 35

Defendant acts under provocation arousing passion in ordinary person.

Provocation and passion must be reasonable.

Insufficient time for reasonable person's temper to cool.

Defendant did not cool off between provocation nad killing

Front 36

Involuntary murder

Back 36

Killings from criminal negligence.

-or-

Misdemeanor masnlaughter: killing while committing a misdemeanor or an unenumerated felony.

Front 37

Defenses to Felony Murder

Back 37

1. If D has defense to felony, then it also applies to murder.

2. Felony must be independent from the murder. (battery cannot be elony murder)

3. Death must have been foreseeable result of felony.

Front 38

Deaths Caused from fleeing

Back 38

Deaths caused from fleeing from a felony are part of felony murder until D gets to safety

Front 39

Defendant and death of co felon

Back 39

not liable for co felons death

Front 40

Rape

Back 40

Slightest penetration completes the crime of rape.

Front 41

Larceny

Back 41

Wrongful taking an dcarrying away of personal property of another without consent with the intent to permanently deprive owner of property at the time of taking

Front 42

Defenses to Larceny

Back 42

Taking property that you believe is yours or that you have a right to.

Front 43

larceny by trick

Back 43

Same as larceny except you use misrepresentation to get consent.

Front 44

Embezzlement

Back 44

Fraudulant illegal conversion of personal property of another by person in lawful possession of that property.

Front 45

False Pretenses

Back 45

Defendant purseuades owner to coney title by a false representation. The falsity must be with respect to currect or past fact. If given only possession, then larceny by triack

Front 46

Robbery

Back 46

Larceny + Assault.

Wrongful taking and carrying away of the property of another from his presence either by violence or by putting him in fear of imminent harm.

Presence is broadly defined.

Yanking is robbery but Pick Pocket is not.

Front 47

Extortion

Back 47

Blackmails. Obtaining property from another by means of certain oral or written threats.

Front 48

Burglary

Back 48

Breaking and entering of a dwelling house of another t night with intent to commit felony inside.

Front 49

Consturctive breaking

Back 49

Gaining entry by means of fraud, threat, or intimidation

Front 50

Arson

Back 50

malicious burning of the dwelling house of another.