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26 Cards in this Set

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  • Back
What are the general intent crimes? (3)
rape, battery, kidnapping
What are the malice crimes? (2)
arson, murder
What are the specific intent crimes? (3) + (7)
(3) solicitation, attempt, conspiracy
1st degree murder
assault (intent to cause battery),
Property crimes (larceny, false pretenses, embezzlement)
robbery, burglary
Which defenses apply only to specific intent crimes? (2)
voluntary intoxication, mistake of fact
What are the elements for solicitation? (1)
Asking or encouraging another person to commit a crime. Cannot withdraw! Solicitor can be held as party to completed crime. Solicitation merges into completed offense. Impossibility is NO defense.
What are the elements to two conspiracy? (2)
(1) Two of more people who have the capacity to commit a crime and (2) also the intent to enter into that agreement.
What crimes is a person liable for in a conspiracy?
Defendant is liable for all foreseeable crimes committed in furtherance unless she has withdrawn.
What are the elements to attempt?
Requires a substantial step toward the completion of the cime.
What are factual and legal impossibility for attempt?
Factual impossibility is no defense to attempt. Legal impossibility is a defense, ex. the goal is not actually a crime.
What are the 4 insanity tests?
Mc'Naughten: Mental illness caused a detect that the def. did not know that her actions were illegal. (didn't know right from wrong b/c of mental cond.)

Irresistible impulse: Mental illness caused a sudden urge to commit the crime and the urge couldn't be resisted.

Product rule: Crime was a product of mental illness.

MPC rule: Mental illness cause sub. impairment of ability to appreciate wrongfulness of act OR conform conduct to law.
What can a fleeing felon be stopped with deadly force by police? (3)
1. probable cause person committed crime.
2. Reasonably necessary to use deadly force
3. Felon posed serious risk of danger to others.
What can't duress or necessity be used?
If it involves the intentional killing of another human.
What are the elements to entrapment? (2)
1. Police instigated the crime.
2. To combat defense, gov't must show that def was predisposed to commit the crime.
What are the elements to battery? (2)
1. Unwarranted touching upon
2. another person
What are the (2) crimes of assault?
1. Attempted battery (specific intent) focus on def's state of mind.

2. assault (like tort) victim has apprehension of immediate touching. Focus on victim's state of mind.
What is common law murder?
The unlawful killing of a human being with malice.
What is manslaughter?
The unlawful killing of a human being without malice.
What are the 4 types of malice?
1. Intent to kill
2. Intent to inflict great bodily harm.
3. Implied malice (grossly reckless behavior. Know of great risk and take it - someone dies)
4. Felony murder
What are the elements of head of passion (vol. manslaughter)? (3)
1. sudden action
2. caused by heat of passion
3. legally adequate provocation
What are the two forms of involuntary manslaughter?
1. Lawful act, but done recklessly (not grossly)
2. In connection with unlawful act, minor battery causes death
What are the elements to rape? (2)
1. Intercourse (any penetration) by force or threat of force with
2. no consent by the victim
What are the elements to larceny? (2)
1. taking and carrying away (without consent) personal property
2. with intent to permanently deprive the owner.
What are the elements to receiving stolen property? (4)
1. person receives property
2. personal property
3. knowledge that it's stolen
4. intent to permanently deprive owner
What are the elements of robbery? (4)
1. taking personal property
2. with intent to permanently deprive
3. from another's presence
4. by force or threat of force
What are the elements to burglary? (4)
1. breaking and entering
2. someone else's dwelling
3. at night
4. with intent to commit a felony inside

*modern rule: can be during day - non-dwelling
What are the elements to arson? (3)
1. Dwelling - place where people regularly sleep
2. Malice - either intentional burning or clearly foreseeable burning
3. Burning that damages the fiber of the structure