Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
75 Cards in this Set
- Front
- Back
|
What is common law merger?
|
At common law misdemeanors merged into felonies
|
|
|
What is the current American rule with respect to merger?
|
No merger, except solicitation merges into completed crime and attempt merges into completed crime
|
|
|
Does conspiracy merge?
|
No
|
|
|
When does failure to act give rise to liability?
|
1) specific duty to act imposed by law
2) D has knowledge of facts giving rise to duty to act 3) reasonably possible for D to perform the duty |
|
|
What five situations prompt a duty to act?
|
1) Statute
2) contractual obligation 3) Special relationship between defendant and victim (parent/child) 4) Voluntary assumption of care 5) Creation of the peril by D |
|
|
What are the four mental states for criminal liability?
|
1) Specific intent
2) Malice 3) General intent 4) Strict liability |
|
|
What two defenses apply to specific intent crimes only?
|
Voluntary intoxication and unreasonable mistake of fact
|
|
|
What is malice?
|
Reckless disregard of an obvious or high risk that a particular bad result will occur
|
|
|
What are the two malice crimes?
|
Murder and arson
|
|
|
What is general intent?
|
Awareness of all factors constituting the crime (awareness of acting in the proscribed way and that any required circumstances exist)
|
|
|
Which mental state can be inferred merely from doing the act?
|
General intent
|
|
|
To what crimes does the doctrine of transferred intent apply?
|
homicide, battery, arson
|
|
|
If A swings at B and hits C, what crimes A committed?
|
Assault (attempted battery of B) and battery (of C)
|
|
|
What are the ten specific intent crimes?
|
1) Solicitation; 2) Attempt; 3) Conspiracy; 4) First-degree murder; 5) Assault; 6) Larceny and robbery; 7) burglary; 8) forgery; 9) false pretenses; 10) embezzlement
|
|
|
What is the specific intent required for solicitation?
|
to have the person solicited commit the crime
|
|
|
What is the specific intent required for attempt?
|
to complete the crime
|
|
|
What is the specific intent required for conspiracy?
|
to have the crime committed
|
|
|
What is the specific intent required for first degree, premeditated murder?
|
Premeditation
|
|
|
What is the specific intent required for assault?
|
To commit a battery
|
|
|
What is the specific intent required for larceny and robbery?
|
to permanently deprive the other of his interest in the personal property taken
|
|
|
What is the specific intent required for burglary?
|
To commit a felony in the dwelling house of another
|
|
|
What is the specific intent required for forgery, false pretenses, and embezzlement?
|
to defraud
|
|
|
What is common law murder (modern 2d degree murder)?
|
The unlawful killing of a human being with malice aforethought
|
|
|
What is common law arson?
|
The malicious burning of the dwelling house of another
|
|
|
Can a defense that negates intent be used to avoid strict liability?
|
No
|
|
|
When is a crime a strict liability crime?
|
1) it is in the administrative, regulatory, or morality area; and
2) the statute contains no adverbs, such as "knowingly" |
|
|
What is the modern rule of accomplice liability?
|
All parties to the crime can be found guilty of the offense
|
|
|
What is an accomplice?
|
One who aids or encourages the principal to commit the crime
|
|
|
What is the extent of accomplice liability?
|
Accomplices are liable for the crime itself and all other foreseeable crimes involved
|
|
|
What are the three inchoate crimes?
|
solicitation
conspiracy attempt |
|
|
What is solicitation?
|
Inciting, counseling, advising, urging, or commanding another to commit a crime with the intent that the person solicited commits the crime
|
|
|
What is conspiracy?
|
Agreement between two or more persons to commit a crime
|
|
|
What is the extent of conspiracy liability?
|
Each co-conspirator is liable for all the crimes of the other co-conspirators if done in furtherance of the conspiracy and that were foreseeable
|
|
|
What is the majority rule regarding conspiracy?
|
Overt act required done in furtherance of the conspiracy required; any little act will do
|
|
|
What is the minority rule regarding conspiracy?
|
There is no need for an overt act. The agreement itself is enough for conspiracy
|
|
|
What is the Florida rule regarding conspiracy?
|
There is no need for an overt act. The agreement itself is enough for conspiracy
|
|
|
Is impossibility a defense to conspiracy?
|
No
|
|
|
How does a co-conspirator withdraw from a conspiracy?
|
A co-conspirator can never truly withdraw from a conspiracy but can attempt to do some act to withdraw that will allow him not to be liable for other co-conspirators subsequent crimes
|
|
|
What is attempt?
|
specific intent to commit a certain crime coupled with a substantial step beyond mere preparation in the direction of completion of the crime.
|
|
|
What test for insanity does Florida follow?
|
M'Naghten
|
|
|
What is the M'Naghten Rule?
|
At the time of the conduct, the defendant did not KNOW his act would be wrong or he did not understand the nature and quality of his actions
|
|
|
What is the Irresistible Impulse test?
|
Defendant was unable to control his actions or conform his conduct to the law
|
|
|
What is the Durham or product test?
|
The crime was a product of defendant's mental illness
|
|
|
What is the ALI or Model Penal Code test?
|
At the time of the crime, D lacked substantial capacity to 1) APPRECIATE the criminality of her conduct OR 2) conform her conduct to the requirement of law
|
|
|
What two defenses apply to all crimes, including strict liability crimes?
|
Insanity and involuntary intoxication
|
|
|
What are the two rules of infancy?
|
Under 7 - no liability
7 up to 14 - rebuttable presumption of no liability |
|
|
What is the rule with respect to non-deadly force?
|
V may use non-deadly force any time V reasonably believes that force is about to be used against him
|
|
|
What is the rule with respect to deadly force?
|
V may use deadly force any time V reasonably believes that deadly force is about to be used against him
|
|
|
What is the minority duty to retreat rule?
|
Victim required to retreat to the wall before using deadly force
|
|
|
Does Florida law impose a duty to retreat?
|
No
|
|
|
How can an original aggressor regain a right to self defense?
|
1 a) effectively withdraw from altercation, and
1 b) communicate to the other verbally his desire to do so, OR 2) victim suddenly escalates minor fight into deadly altercation and initial aggressor has no chance to withdraw |
|
|
What is the defense of duress?
|
Defense to a crime other than homicide that D reasonably believed another person would imminently inflict death or great bodily harm upon him or a member of his family if he did not commit the crime
|
|
|
When is mistake a defense to a specific intent crime?
|
Always, reasonable or unreasonable
|
|
|
When is mistake a defense to a general intent crime?
|
Only when the mistake is reasonable
|
|
|
When is mistake a defense to a strict liability crime?
|
Never
|
|
|
When is consent a defense to a crime?
|
When the crime requires lack of consent of the victim (e.g., rape)
|
|
|
What negates a defense of entrapment?
|
predisposition
|
|
|
What is common law battery?
|
Battery is the unlawful application of force to the person of another resulting in either bodily injury or offensive touching
|
|
|
What is specific intent assault?
|
attempted battery
|
|
|
What is general intent assault?
|
Threat to commit a battery or to intentionally create (other than mere words) a reasonable apprehension in the mind of the victim of imminent bodily harm.
|
|
|
What are the four intents of murder?
|
1) intent to kille;
2) intent to inflict great bodily injury; 3) reckless indifference or depraved heart murder; 4) felony murder |
|
|
What is manslaughter?
|
Unlawful killing of a human being without malice
|
|
|
What is voluntary manslaughter?
|
unlawful killing
adequate provocation giving rise to sudden and intense passion Not enough time between provocation and killing for a reasonable person to cool Defendant must not have cooled off between provocation and killing |
|
|
What is involuntary manslaughter?
|
A killing commited with criminal negligence or during the commission of an unlawful act - usually a misdemeanor or an unenumerated felony
|
|
|
Murder will be second degree unless it is:
|
1) deliberate and premeditated, or
2) felony murder |
|
|
What are the five defenses to felony murder?
|
1) D not guilty of underlying felony
2) Felony must be something other than the killing 3) Death must have been a foreseeable result of the felony 4) Death caused while fleeing is FM but not after felon has reached a place of temporary safety 5) Redline view (agency theory): felon not liable for death of a co-felon as a result of resistance or police killing |
|
|
In Florida, can a felon be charged with felony murder for the death of a co-felon as a result of resistance or police killing?
|
Yes
|
|
|
What is rape?
|
Rape is the unlawful carnal knowledge of a woman by a man, not her husband, without her consent.
|
|
|
What is statutory rape?
|
The carnal knowledge of a female under age of consent
|
|
|
What is larceny?
|
A trespassory taking and carrying away of the property of another with intent to permanently deprive the person of the property
|
|
|
What is embezzlement?
|
The fraudulent conversion of personal property of another by a person in lawful possession of the property
|
|
|
What is false pretenses?
|
The obtaining of title to the personal property of another by an intentional false statement of past or existing fact with the intent to defraud
|
|
|
What is robbery?
|
The taking of the personal property of another from the other's person or presence by force or threats of death or physical injury with the intent to permanently deprive the victim of the property
|
|
|
What is extortion?
|
Obtaining property by means of threats to do harm or expose information
|
|
|
What is burglary?
|
The breaking and entering of the dwelling house of another at night with the intent to commit a felony therein
|
