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41 Cards in this Set

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defendant liable for co-conspirators' crimes
foreseeable crimes committed in furtherance of the objectives of conspiracy
doctrine of transferred intent apply?
she intends the harm that is actually caused, but to a different victim or object.

applies to homicide, battery, and arson; doesnt apply to attempt.

Defenses and mitigating circumstances usually be transferred.
embezzlement
1. The fraudulent
2. Conversion
3. of personal property
4. of another
5. By a person in lawful possession of that property.
Attempt
act, done with intent to commit a crime

falls short of completing the crime

must intend to perform an act more than mere preparation and obtain a result if achieved a crime.
failure to act liability
only if:

specific duty imposed by law

defendant has knowledge of the facts giving rise to duty
reasonably possible to perform duty

voluntarily assuming a duty
or the creation of peril
accomplice liable for

accomplice
person actively involved in committing a crime liable

crime itself and all other foreseeable crimes

accomplice: someone who actively aiding, abetting or counseling a crime
battery
unlawful application of force
person of another
resulting
bodily injury or offensive touching.
Felony murder
first degree murder
death caused
in the commission or attempt felony
Malice implied
limited to inherently dangerous felonies

defense to the underlying offense is a defense also to felony murder
Assault
(i) an attempt to commit a battery-specific intent

or (ii) the intentional creation-- notmere words-- of reasonable apprehension imminent bodily harm - general intent
crimes "merge"
Solicitation + completed crime

Attempt + completed crime

But not conspiracy + completed crime.
Consent
almost never a defense, except where the crime requires the lack of consent

defense to minor assaults or batteries if there is no danger of serious bodily injury.

Whenever defense,

must be established:
1. Consent was voluntarily and freely given;
2. the party legally capable of consenting and no fraud in obtaining consent.
Larceny
1. A taking
2. and carrying away
3. Of tangible personal property
4. Of another with possession
5. by trespass (w/out consent /induced by fraud)
6. WIth the intent to permanently deprive that person of her interest in the property.
Statutory rape
carnal knowledge female under age of consent. strict liability
Duress defense
defense to a crime not homicide
reasonably believed
another would imminently inflict death or great bodily bodily harm to him family member if he did not commit the crime.
Conspiracy Withdrawal
Generally, withdrawal from conspiracy not a defense to the conspiracy

may be a defense to crimes committed in furtherance

including the substantive traget crime

TO withdraw, conspirator must perform affirmative act notifies all members of conspiracy

must in time for members to abandon plans.

she has also provided assistance as an accomplice, she must try to neutralize
extortion
corrupt collection of an unlawful fee by officer under color of office

modern statutes: obtaining property by threats of harm or to expose information
Solicitation
inciting, counseling, advising, urging, or commanding another to commit a crime

intent that the person solicited commit the crime

not necessary person solicited respond affirmatively

If commits the crime solicited, both that person and the solicitor can be held liable

both parties can be liable for attempt

IF the person solicited agrees but acts insufficient for attempt, both liable for conspiracy
involuntry manslaughter
killing committed w/ criminal negligence (gross negligence)or during commission of an unlawful act

Misdemeanor or felony not felony murder
General intent
awareness all factors constituting crime ie, aware acting in the proscribed way & any required attendant circumstances

not be certain of all circumstances

aware of a high likelihood is sufficient
Mistake or ignorance of fact
only if it shows that the defendant lacked the state of mind required (not SL)

specific intent- mistake need not be reasonable

any other state of mind must have been a reasonable mistake
conspiracy
agreement
2 or more persons
intent to enter agreement
intent by at least 2 persons to achieve the objective

majority require an overt act, act of mere preparation will suffice.
Double jeopardy
prohibits trial person for a lesser included offene if already in jeopardy for the greater offense

court can impose multiple punishments single trial where punishments for 2 or more statutorily defined offenses specifically intended by legislature to carry separate punishments

though the offenses arise from the same transaction and constitute the same crime.
burglary
1. A breaking (creating or enlarging an opening by at least minimal force, fraud, or inimidation.
2. And entry into (of body or instrument into the structure)
3. a dwelling
4. of another (other than D)
5. At nighttime
6. With the intent to commit a felony in the structure at the time of entry.

Modern view -- eliminates "nightime" and 'breaking, and "felony".
intent for arson and murder
Malice, requires only a reckless disregard of an obvious or high risk
particular harmful result will occur

Defenses to specific intent crimes do not apply
false pretenses
1. Obtaining title
2. To personal property of another
3. BY an intentional false statement of past or existing fact
4. WIth the intent to defraud another.
Voluntary manslaughter
killing would be murder but for adequate provocation.

adequate only if :

(i) would arouse sudden and intense passion inof an ordinary person, causing to lose self-control
(ii) D was in fact provoked (iii)not sufficient time reasonable person to cool; and
(iv) The D in fact did not cool off.
Rape
unlawful carnal knowledge
woman by a man, not her husband
without her effective consent
slightest penetration is sufficient

Modern - rejected the by a man not her husband
"voluntary" intoxication Defense
only if the crime requires purpose or knowledge, and the intoxication prevented the D from obtaining same
good defense to specific intent crimes.
Crim Jx
act constituting an element of offense committed in state,
act outside state caused result in the state

an attempt or conspiracy outside the state plus an act inside

attempt or conspiracy inside the state to commit an offense outside

neglect of a duty imposed by the law
robbery
1. A taking
2. Of personal property of another
3. From the other's person or presence
4. By force or threats of immediate death or physical injury
5. WIth the intent to permanently deprive him of it.
Strict liability offenses
administrative, regulatory, or deal with morality

statute with no adverbs.
Example: speeding
insanity defense key words
M'Naghten - D doesn't know right from wrong.
Irresistible impulse - an impulse the D cannot resist;
Durham-but for the mental illness, the D would not have done the act.
ALI or MPC -- combination of M'Nagten and iressitible impulse.
specific intent crimes
a. solicitation: intent to have the person solicited commit the crime
b. attempt: intent to complete the crime
c. conspiracy : intent to have the crime completed
d.First degree premeditated murder: Premeditation
e. Assault: Intent to commit a battery
f. Larceny/robbery: Intent to permanently deprive the other of his interest in the property taken
g. Burglary: intent to commit a felony in the dwelling.
h. forgery: intent to defraud
i: False pretenses: intent to defraud
j: embezzlement: intent to defraud.
infants criminal liability
no liability for an act committed by a child under age 7

child between ages 7 and 14, rebuttable presumption that the child
unable to understand acts wrongfulness

Children 14 and over treated as adults
Murder
unlawful killing of a human being w/ malice aforethought (ie, no facts reducing the killing to voluntary manslaughter or excusing)

AND follwing states of mind:
1. Intent to kill
2. Intent to inflict great bodily injury
3. Reckless indifference to an unjustifiably high risk to human life or
4. Intent to commit a felony.
arson
1. The malicious
2. Burning
3. OF the dwelling,
4. of another.
self defense
. non-deadly force: person w/out fault such force as reasonably appears necessary protect imminient use of unlawful force. no duty to retreat.

Deadly force: in self defense if
1. w/out fault
2. she is confronted with unlawful force" and
3. she is threatened w/ imminent death or great bodily harm.

Generally, there is no duty to retreat before using deadly force. The minoirty view requires retreat before using deadly force if the victim can safely do so.

No deadly force for merely protecting property
Withdrawal
must occur before the crime becomes unstoppable

(i) Repudiation sufficient for mere encouragement
(ii) attempt to neutralize assistance required if participation beyond mere encouragement (Notifying police or taking other action to prevent)
Entrapment
only if

1. the criminal design originated w/ law enforcement officers

and 2. the Defendant was not predisposed to commit the crime
involuntary Intoxication
only if results from the taking

intoxicating substance w/out knowledge of its nature

under direct duress

or pursuant to medical adivce while unaware of the substance's intoxicating effect

may be treated as a mental illness (jxd's insanity test.)
Ineffective Consent (Rape element)
(i) accomplished by actual force
(ii) accomplished by threats of great and immediate bodily harm.
(iii)victim incapable of consenting, or
(iv) victime fraudulently caused to believe act is not intercourse.