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20 Cards in this Set

  • Front
  • Back
Murder
Homicide with malice

A. Homicide: Killing of another person caused by the defendant

B. Malice:

1. Intent to Kill
2. Intent to Inflict Serious Bodily injury
3. Depraved heart: Reckless indifference to a known high risk of death
3. Felony murder rule: Homicide committed during the perpetration of an inherently dangerous felony.
Voluntary Manslaughter
Homicide without malice but mitigation:

Murder mitigated by:
1. Provocation OR
2. Good Faith Mistake
Involuntary Manslaughter
Homicide without malice and no justification or excuse.

Under the circumstances of:

1. intent to inflict slight bodily harm
2. Criminal Negligence
3. Misdemeanor - Murder Rule: Killing during the commission of a non-inherently dangerous felony or malum in se crime.
Excuses
1. Infancy
2. Insanity
3. Intoxication
Justifications
1. Self-defense
2. Defense of others
3. Crime prevention (dangerous felony)
4. Arrest/Apprehension of criminal (dangerous felon)
5. Defense of habitation/property
Accomplice liability
Parties:
A. Principal: One who with the intent to commit the crime, causes the crime to occur.

B. Accomplice: one who with the intent that the crime be committed, aids, encourages, or counsels the principal

C. Accessory after the fact: One who, with the intent to help a felon escape or avoid arrest or trial, receives, relieves, or assists a known felon after the felony has been completed.

Liability of Accomplice:
1. All crimes principal committed that the accomplice, assisted, counseled, or encouraged.

2. Other crimes commited by the principal so long as they were foreseeable.

Accessory after the fact is only liable with obstructing justice
Attempt
Attempt: Defendant is guilty of attempt if the defendant commits an act of perpetration with the intent to commit the intended crime.

Defenses:
1. Impossibility
2. Merger
Solicitation
Solicitation: Asking or requesting another person to commit a crime.

Liable for the crime if the person actually commits the crime requested or asked for
Conspiracy
Defendant is guilty of conspiracy if the defendant enters into an agreement with another party to for an unlawful objective and some overt act is performed in furtherance of the unlawful objective.

Liability: For the crimes of co-conspirators that are:
1. Reasonably foreseeable AND
2. in reasonable furtherance of the conspiracy

Defenses:
1. Impossibility
2. Withdrawal: only defense to crime committed.
Larceny
The trespassory taking and carrying away of the personal property of another with an intent to permanently deprive.
Embezzlement
The fraudulent conversion of property of another by one who is in rightful possession.
False pretenses
The acquisition of title to defendant's property by a false representation with the intent to defraud.
Robbery
A larceny committed from the victim's person or presence by force or threat of force of immediate bodily harm
Arson
The burning of a protected structure of another with malice
Burglary
The trespassory breaking and entering of a protected structure of another at nighttime with the intent to commit a felony therein
1st degree and 2nd degree murder.
First degree murder is codified/statutory murder committed with premediation and deliberation. This requires a specific intent to kill. Additionally, modern 1st degree murder statutes include the Felony Murder Rule.2nd degree murder is condified/statutory murder that is committed without premeditation and deliberation. It typically includes those killings that occur when the intent is not to kill but to commit serious bodily injury and depraved heart murders.
Entrapment
To succeed on a an entrapment defense the defendant must show the criminal plan originated with the government and defendant was not predisposed to commit the crime prior to the contact with the government
Insanity
M'Naughten Rule: Defendant is entitled to acquittal if the proof establishes that a disease of the mind caused a defect of reason, such that the defendant lacked the ability at the time of his actions to either know the wrongfulness of his action or understand the nature and quality of his actions.

Irresistible impulse test: Defendant entitled to acquittal if proof establishes that because of mental illness he was unable to control his actions or to conform his conduct to the law.

Durham test: Defendant entitled to acquittal if the proof establishes his crime was the "product of mental disease or defect"

ALI: Defendant entitled to acquittal if the proof shows that he suffered from a mental disease or defect and as a result lacked substantial capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of law.
Voluntary intoxication
Not a defense to common law murder, but is a defense to specific defense crimes.
Involuntary intoxication
Intoxication is involuntary only if it results from the taking of an intoxicating substance (i) without knowledge of its nature, (ii) under direct duress imposed by another, (iii) pursuant to medical advice while unaware of the substance's intoxicating effect.