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138 Cards in this Set
- Front
- Back
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Solicitation - defn
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Solicitation occurs when the defendant, with the [specific] intention that another commit a crime, entices, advises, incites, orders, or otherwise encourages the other to commit that crime.
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Solicitation - merger w/crime
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If the crime is completed, solication is merged into the solicitor's liability as an accomplice.
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Solicitation - merger w/conspiracy
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If the party solicited agrees to commit the crime, there is a conspiracy and the crime of conspiracy is merged into it.
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Attempted Solicitation
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Attempt is an act done with the intent to commit a crime, that falls short of completing the crime. To be guilty of attempt, the defendant must intend to perform an act and obtain a criminal result. Solicitation includes the urging of another to commit a crime, with the intent that that person solicited commit the crime.
If solicitor falls short of getting other to comply, solicitor is guilty of attmpted solicitation. |
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Conspiracy - NV general defn.
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Conspiracy is a combination or agreement between 2 or more people to commit a crime. No overt act is necessary for a conspiracy in Nevada. Conspiracy does not merge into the target offense.
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Conspiracy - common law
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A conspiracy at common law was an agreement between 2 or more people to commit a crime, intent to agree and intent to achieve the conspiracy's objective. Unlike Nevada, it required an overt act in furtherance of the conspiracy where the outcome was the natural and probable consequence [foreseeable] of the conspiracy. Conspiracy does not merge into the target offense.
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Conspiracy - intent
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A person is not a conspirator unless he combines with another human being to commit an unlawful act or a lawful act by unlawful means. Persons who do not have the requisite intent to qualify as a conspirator do not count as that other person. A person cannot conspire if he intends to combine only to do something he believes is legal.
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Conspiracy - co-conspirator liability
AKA Chain theory |
A co-conspirator is guilty of the substantive crimes committed by any other co-conspirator during the course of the conspiracy and within the scope of the conspiracy.
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Conspiracy - co-conspirator withdrawal
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If a co-conspirator withdraws from the conspiracy and informs this co-conspirators of the withdrawal, he is not guilty of the substantive crimes committed by the conspirators after the withdrawal, but is guilty of the conspiracy crime.
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Conspiracy - Wharton's Rule
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Crimes which require two parties cannot be prosecuted as conspiracies.
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Conspiracy - Impossibility
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There is no conspiracy where the conspiracy objective is legal.
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Attempt - NV gen defn
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Attempt is an act done with the intent to commit a crime, taht falls short of completing the crime. To be guilty of attempt, the defendant must intend to perform an act and obtain a criminal result. In Nevada, attempt requires an act which "tends to accomplish the crime."
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Attempt - Common law
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At common law, attempt occurs when a person, acting with the specific intent to commit a crime, takes an overt step in furtherance of that crime.
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Attempt - where attempted act is not a crime
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If the act which the defendant intended to accomplish is not a crime, the defendant is not guilty of an attempt even if he thinks he has committed a crime.
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Attempt - where attempted act is completed/merger
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If the defendant is successful in his attempt and commits the substantive crime, there is no separate crime of attempt; the attempt and the crime merge.
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Parties to a crime - Principal in the first degree
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A person is liable as a principal in the first degree if he/she commits acts which constitute crime.
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Parties to a crime - Principal in the second degree
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A person is liable as a principal in the second degree if they are present during the crime and aids, encourages, facilitates or directs action of the perpetrator.
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Parties to a crime - Accessory before the fact
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A person is liable as an Accessory Before the Fact if he is not present during the crime, but solicits, encourages or aids perpetrator. An accomplice is responsible for other foreseeable crimes committed in the course of the original crime.
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Parties to a crime - Accessory after the fact
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A person is liable as Accessory After the Fact if he assists persons known to have committed crime in avoiding apprehension or conviction.
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Party to a crime - rape
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A woman cannot be a principal in a rape but can be found guilty as an accomplice if she aids the principal.
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Parties to a crime - accomplice liability
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Accomplice liability depends on intent to commit the crime. A person may be liable as an accomplice if, with the intent that a crime be committed, the person aids, counsels or encourages principal before or during the commission of the offense. An accomplice is responsible for crimes committed or counseled and for other foreseeable crimes committed in the course of the original crime.
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Parties to a crime - accomplice distinction abandonment
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Most states have abandoned the distinctions of parties to a crime and hold all participants equally liable, except accessories after the fact, who are not liable for acts prior to involvement.
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Parties to a crime - presence at scene
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Presence at the scene of the crime plus encouragement of the principal to commit the crime is sufficient for accomplice liability.
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Parties to a crime - act not illegal
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If the act being committed by the principal is not in fact a crime, the accessory is not guilty despite his intent to help with an illegal act.
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Homicide crimes - gen. defn.
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Homicide is the death of a human being caused by another.
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Homicide crimes - death of a human being
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First, there must be the death of a human being who was born alive and was still alive at the time of the act.
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Homicide crimes - Born Alive at common law
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At common law, the infant is born alive if it is fully expelled from the body of its mother and has independent circulation.
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Homicide - year and a day rule
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In most jurisdictions, an additional required element of a homicide is the death of the victim within a year and a day of the defendant's act. In Nevada, [ADD HERE]
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Homicide - murder defn. common law
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At common law, murder was the unlawful killing of a human being with malice aforethought. Malice may be found if the defendant had an intent to kill, an intent to commit grievous bodily harm, reckless indifference to human life, or felony murder. At common law, intentional use of a deadly weapon could support a permissive inference of intent to kill.
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Homicide - When does Innocent Homicide occur?
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Innocent homicide occurs when the death caused by another is either justified or excused.
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What is the definition of Murder?
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Murder is a criminal homicide committed with malice aforethought.
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How is a mercy killing defined?
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A mercy killing is murder because it is an intentional killing, even if the victim asks the person to kill him.
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Is a killing by a mechanical device justified?
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A person who sets up a mechanical device which kills a person is guilty of the crime which would have been committed if the person had personally set off the device intentionally.
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Is a killing justified or excused when a person takes a substantial step although he does not intent for the result to occur?
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If a person takes stps to make substantilly certain that an event will occur, he has intended the act even if he subjectively does not desire that the result occur.
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Definition of Intent to do Great Bodily Injury
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IF a person commits an act which would not ordinarily inflict fatal injury, but would likely cuase great bodily harm and the victim dies, that person is guilty of murder, even if the victim died because of a peculiar medical condition.
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What is the inference from the use of a weapon?
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An intent to do great bodily harm can be inferred from the use of a weapon to inflict bodily injury.
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When is a defendant guilty of felony murder?
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A defendant is not guilty of felony murder unless he is guilty of the commission or attempted commission of the underlying felony.
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When is a defendant not guilty of felony murder?
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A defendant is not guilty of felony murder if the commission of the felony has not yet begun or is completed at thet ime the death occurs.
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When is a co-conspirator not guilty of felony murder?
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A co-conspirator of the felon who actually commits the killing is not guilty of felony murder if the killing was beyond the scope of the conspiracy.
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Which felonies cannot be used as a basis for felony murder?
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The felonies of manslaughter or assault and battery cannot be the underlying felony for felony murder.
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What is a third parties liability when a cofelon is killed during a felony?
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IF a third party kills a cofelon in the course of a felony, the surviving felon is not guilty of felony murder because the killing is justifiable homicide.
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What are examples of an abandoned or Malignant heart murder?
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Firing bullets in a confined space or through a wall, or playing Russian roulette, is abandoned heart murder if a death results.
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What is an example of an abandoned or malignant heart murder with a car?
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Deliberatly and unjustifiably driving a car onto a crowded sidewalk would constitute abandoned heart murder if a death results.
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What is first degree murder?
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A homicide accompanied by malice in the form of a deliberate intentional kiling is first degree murder.
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What felonies can be the basis of first degree felony murder?
Mrs. Baker |
A death in the course of the serious common law felonies of mayhem, rape, sodomy, burglary, arson, kidnapping, escape and robbery is first degree [felony] murder
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What is the definition of GBI - second degree murder?
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A murder accompanied by malice in the form of intent to do great bodily harm is usually second degree murder.
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What is the defintion of depraved heart - second degree murder?
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A murder accompanied by malice in the form of a depraved heart is second degree murder.
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When can a murder be reduced to voluntary manslaughter?
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To reduce a murder crime to voluntary manslaughter, ther must be adequate provocation to inflame a reasonable peron into the heat of passion and the defendant must have actually been in such a state. A violent battery, spousal adultery, mutual affray and an illegal arrest are adquate provocation. The killing must also take place in a time frome where the passions of a reasonable person would not have cooled and the passion of the defendant must not in fact have cooled.
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When can a murder crime be reduced to manslaughter?
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A murder crime can be reduced to manslaughter if the defndant had a defense (e.g., a right to defend himself or another), but used that defense imperfectly (e.g., by employing excessive force).
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How does transferred intent apply to voluntary manslaughter?
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If the defendant would only have been guilt of voluntary manslaughter if she had killed A, she is only guilty of voluntary manslaughter if she shoots at A, misses him and kills V.
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What type of killing is it if it is willful/wanton?
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A death occurring in the course of willful, wanton conduct is involuntary manslaughter.
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What type of killing is it if it is misdemeanor malum in se?
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A death occurring in the course of a misdemeanor malum in se is involuntary manslaughter.
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When does a duty to aid give rise to criminal liability of a death?
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A person under a duty to aid another perosn because of a contractual or family relationshi is guilty of involuntary manslaughter if a death occurs because of unreasonable failure to give that aid. However, a person under no duty can unreasonably refuse to give aid without any criminal liability.
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When does an aggressor have the right of self defense?
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An aggressor does not have the right of self defense, unless he attacked with nondeadly force and is met with deadly force, or unless he completely ends his aggression and makes that known to the person attacked.
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What is the right of selfdefense for a person committing a felony?
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A person committing a felony does not have the right of self-defense.
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When does a person have the right to use deadly force?
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An individual has the right to use deadly force to apprehend a felon committing a dangerous felony or to prevent a dangerous felony from being committed. Only nondeadly force can be used if the crime is a misdemeanor.
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How is force classified in relation to a killing?
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Force is classified as deadly or nondeadly by its likelihood to cause death, not wheher death in fact occurred.
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What is the right to self defense of others?
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A belief that the person defended has the right of selfpdefense is a defense in a criminal prosecution even if the person defended does not in fact have the right of self-defense (e.g., because he was the aggressor).(To avoid liability in tort, though, the person defended must have actually had a right to self-defense).
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What is the limitation of the right of self-defense as related to arrest?
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A person does not have the right to use self-defense to avoid being arrested by a police officer.
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What happens if a person mistakenly kills the wrong person if he has a perfect right of self defense?
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IF an individual has a perfect right of self-defense, but, in the exercise of that right, kills the wrong person, the homicide is still excused.
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What is the right of deadly force as applied to defense of property?
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Defense of property is not sufficient to justify the use of deadly force.
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What is the definition of justifiable homicide?
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A killing commanded by the law, such as an execution or killing on the battlefield in time of war is notmurder because it is a justifiable homicide.
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What is the distinction between the defense of duress and necessity as applied to killings?
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Duress relates to coercion by human force, whereas necessity relates to coercion by nonhuman elements. Duress and necessity cannot be defenses to a homicide crime, but can be defenses to an underlying felnoy, which would be then a defense to felony murder.
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What is the definition of common law Larceny?
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Common law larceny is the trspassory taking and carrying away of the personal property of another with the intent to steal.
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What element distinguishes larceny?
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The distinguishing characteristic of larceny is that it is a taking from one in possession.
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How does the lack of specific intent to deprive affect larceny?
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The specific intent necessary for larceny is not present if the defendant intends to return the property at the time he committed the trespassory taking.
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What crime has occurred if property was unintentionaly destroyed?
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If the defendant intended to return the property, the fact that it was not returned because it was unintentionally destroyed does not transform the intent into an intent to steal. However, an intent to destory is equivalent to an intent to steal.
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What crime has occurred if possession is obtained by fraud?
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If possession is obtained by fraud, the crime is larceny by trick, not embezzlement.
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How can larceny be committed by defendant without his committing an act?
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The trespassory act necessary for larceny can be committed by an innocent agent of the defendant.
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How can a person with title be guilty of larceny?
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A person with title to property can be guilty of larceny if he wrongfully takes that property from a person rightfully in possession.
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Who can commit embezzlement?
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A lower-level employee in possession of the goods of an employer, or a bailee who breaks the bulk of the goods bailed, does not have a sufficient possessory interest to have the taking of those goods constitute embezzlement.
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What is the definition of embezzlement?
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Embezzlement is the fraudulent conversion of the property of another by one who is already in lawful possession.
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When can embezzlement occur?
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Embezzlement only occurs when a person rightfully gains possession of another's poperty and then converts it to his own use.
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How is one guilty of false pretenses?
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To be guilty of obtaining property by false pretenses, the victim must give up title to property in reliance on a false representation of material fact by the defendant.
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What is a defense to the crime of false pretenses?
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The defednat's honest belief that the representation is true revents the defendant from having the psecific intent necessary for the crime of obtaining property by false pretenses, even if the belief if unreasonable.
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What is a defense to the crime of receiving stolen goods?
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A belief that the goods were not stolen is a defense to the crime of receiving stolen goods.
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When can defendant be found not guilty when he believes he received stolen goods?
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If the goods are not in fact stolen goods, the defendant cannot be convicted of receiving stolen goods even if he believes that the goods are stolen.
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What is the definition of robbery?
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Robbery is larceny from the person by force or intimidation. All of the elements of larceny are necessary for robbery.
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How does merger affect larceny and robbery?
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Larceny is an essential element of and merges into the more serious crime of robbery when all of the elements of robbery are found.
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How does force affect the crime of robbery?
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The battery which constitutes the force employed in a robbery merges into the more seious crime of robbery.
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When does force or intimidation not constitute robbery?
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The use of force or intimidation to retain possession of property already stolen is not robbery.
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How does future threat of force affect larceny crimes?
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The threat to use force in the future is the threat necessary for extortion, not robbery.
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What is the common law definition of burglary?
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Common law burglary is the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony.
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What mens rea is required for burglary?
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In order to be guilty of burglary, the defendant msut have the specific intent to commit a felony ion the premises at the moment of the entering.
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What is the breaking element of burglary?
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Burglary is committed if the defendant breaks and enters a part of a dwelling house, even if he does not break and enter when he first enters the dwelling.
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Concurrence of breaking and entering?
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The breaking and entering need not occur simultaneously.
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How does fraud affect burglary?
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The breaking and entering necessary for burglary are present if entry is obtained by fraud.
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What crime occurs if the dwelling belongs to defendant?
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A person cannot be guilty of burglary for breaking and entering into his own home.
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What crime if burglary is not completed?
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Defendant is gulty of burglary even if not successful in completing the intended felony.
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What is a defense to the crime of false pretenses?
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The defednat's honest belief that the representation is true revents the defendant from having the psecific intent necessary for the crime of obtaining property by false pretenses, even if the belief if unreasonable.
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What is a defense to the crime of receiving stolen goods?
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A belief that the goods were not stolen is a defense to the crime of receiving stolen goods.
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When can defendant be found not guilty when he believes he received stolen goods?
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If the goods are not in fact stolen goods, the defendant cannot be convicted of receiving stolen goods even if he believes that the goods are stolen.
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What is the definition of robbery?
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Robbery is larceny from the person by force or intimidation. All of the elements of larceny are necessary for robbery.
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How does merger affect larceny and robbery?
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Larceny is an essential element of and merges into the more serious crime of robbery when all of the elements of robbery are found.
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How does force affect the crime of robbery?
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The battery which constitutes the force employed in a robbery merges into the more seious crime of robbery.
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When does force or intimidation not constitute robbery?
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The use of force or intimidation to retain possession of property already stolen is not robbery.
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How does future threat of force affect larceny crimes?
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The threat to use force in the future is the threat necessary for extortion, not robbery.
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What is the common law definition of burglary?
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Common law burglary is the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony.
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What mens rea is required for burglary?
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In order to be guilty of burglary, the defendant msut have the specific intent to commit a felony ion the premises at the moment of the entering.
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What is the breaking element of burglary?
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Burglary is committed if the defendant breaks and enters a part of a dwelling house, even if he does not break and enter when he first enters the dwelling.
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Concurrence of breaking and entering?
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The breaking and entering need not occur simultaneously.
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How does fraud affect burglary?
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The breaking and entering necessary for burglary are present if entry is obtained by fraud.
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What crime occurs if the dwelling belongs to defendant?
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A person cannot be guilty of burglary for breaking and entering into his own home.
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What crime if burglary is not completed?
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Defendant is gulty of burglary even if not successful in completing the intended felony.
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What is the definition of battery?
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A battery is the unlawful application of force to ther person of another.
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How much force is needed for battery?
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The force need not be great or applied directly, but must be applied either intentionally, or with criminal negligence or in the commission of an act malum in se.
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What defense(s) are there to battery?
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Consent, self-defense, and the right to apply force because of a position of authority are defenses to battery.
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What is the definition of assault?
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An assault is either an attempt to commit a battery, or the intentional placing o fthe victim in apprehension of receiving an immediate battery.
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What is the obligation to retreat in an assault or battery>
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The defendant never has the obligation to retreat if he is using nondeadly force as a defense to an assault or battery.
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What is the definition of rape?
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Rape is the unlawful sexual intercourse with a female without her consent.
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When is sexual intercourse without consent?
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Intercourse is without consent if procured by force, threat of harm, or when the female is unable to consent because of drunkenness, a drug-induced stupor, or unconsciousness.
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What does intercourse require?
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Intercourse requires penetration.
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When is consent not a defense to intercourse?
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Consent to intercourse is not a defense if the victim's assent to the act performed is procured through fraud which obscures the fact that intercourse is taking place.
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Can an underage female be guilty of conspiracy to commit statutory rape?
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An underage female who engages in intercourse cannot be held gulty of conspiracy to commit statutory rape or as an accessory to statutory rape.
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What is the definition of kidnapping?
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Kidnapping is the unlawful forcible confinement and asportation of a person against his or her will.
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What is NOT an element of simple kidnapping?
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Demand for a ransom is not an element of simple kidnapping.
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What is the definition of arson?
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Arson is the malicious burning of the dwelling of another.
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What is the mens rea of arson?
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Arson requires an intent to burn.
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What is the test for dwelling of another?
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The test for the dwelling of anotehr requirement is the right to possession or occupancy, and not title.
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When is a person NOT guilty of arson?
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A person cannot be guilty of the common law crime of arson for burning his own home.
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What is the minimal requirement for arson?
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A minimal burning of part of the dwelling house is all that is required for arson, but the burning of the contents alone is not sufficient.
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What is the causation requirement of general intent crimes?
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To be guilty of a general intent crime, the intent to accomplish the act must coincide with the doing of the act.
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What crime has occurred if the result occured by unexpected means?
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If a person desires a result and that result occurs, even though an unexected means, the person has intended the act for purposes of the criminal law.
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Which crimes require a specific intent in addtion to general intent?
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(1) murder
(2) theft crimes, robbery, and recieving stolen property - intent to deprive the owner of property (3) burlary - intent to comment a felony within the dwelling; (4) solicitation - intent to have the crime committed by the solicited; and (5) attempt and conspiracy - intent to commit the target crime. |
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What is the causation requirement for specific intent crimes?
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To be guilty of a specific intent crime, the defendant must have the required specific intent at the time he is accomplishing the specific act.
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What is the actus reus requirement for strict liability crimes?
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The doing of the actus reus is all that is required for the defendant to be guilty of a strict liability crime.
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What is no defense to a strict liability crime?
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Specifically forbidding an agent to perform an illegal act is not a defense for a principal if performing that act constitutes a strict liability offense.
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What constitutes guilt for attempt of a strict liability offense?
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To be guilty of an attempt to commit a strict liability offense, the defendant must have the specific intent to commit the offense.
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When is mistake of fact a defense?
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A reasonable mistake of fact is a defense to a general intent crime.
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Can mistake of fact be a defense to a specific intent crime?
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A reasonable or unreasaonble mistake of fact which prevents the specific intent from being formed is a valid defense to a specific intent crime
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When is mistake of law a defense?
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A mistake of law is not a defense to a general intent crime, but a mistake of law which prevents the specific intent form being formed is a defense to a specific intent crime.
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When is a insanity not a defense?
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A mental illness which causes delusions will not create the defense of insanity under the M'Naghton test if the individual knows what he is doing and knows that it is a crime. The irrestistible impulse test is not part of the M'Naghton test of insanity.
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Can intoxication be a defense to specific intent crimes?
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In a specific intent crime, intoxication is a defense if the intoxication prevents the defendant from forming the required specific intent.
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Can intoxication prevent the formation of malice?
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Intoxication can prevent the formation of the malice necessary to constitute first-degree murder and reduce the crime to second-degree murder, but not to manslaughter.
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Who is guilty of murder where a person is mortally wounded but death occurs from an independent cause?
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If a person mortally wounds a victim, but death occurs from a totally independent cause, that person is not guilty of murder.
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Is medical negligence a forseeable risk when causing bodily harm? Otherwise, is lack of causation a defense...
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Improper medical treatment resulting in death is within the scope of the risk when an individual causes bodily harm. Therefore, lack of causation is not a defense to a homicide crime if there was the required intent or misconduct.
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When is a police officer justified to use deadly force?
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A police officer is justified in using deadly force to apprehend a person who it reasonably appears is either committing or escaping from a dangerous felony. The use of deadly force to arrest a person for a nondangerous felony or any misdemeanor is not justified.
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When is a lay person justified in using force?
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A person assisting a police officer is justified in using the same force that a police officer would be justified in using.
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