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41 Cards in this Set

  • Front
  • Back
What are the specific intent crimes?

F: False pretenses
A: Attempt
R: Robbery

B: Burglary
E: Embezzlement
C: Conspiracy
A: Assault (one type)
L: Larceny
M: Premeditated Murder
S: Solicitation
What are the malice crimes?
Murder and Arson
What are the general intent crimes?
Battery, Rape and Kidnapping
What are the elements to solicitation?
Inciting, counseling, advising, etc., another to commit a FELONY with the specific intent that the person solicited commit the crime. The crime is complete at the time the solicitation is made.
What is criminal attempt?
1.) A specific intent to commit the crime; and,

2.) an overt act in furtherance of the crime.
Can one withdraw from an attempt?
Generally, withdrawal is no defense. However, under MPC withdrawal is a defense if 1.) it is fully voluntary (not done because the project is difficult) and 2.) it si a complete abandonment, not just a desire to postpone or find another victim.
What are the four tests for insanity?
1. McNaughton: no awareness of right/wrong, criminal purpose

2. Irresistible Impulse: focuses on control

3. Product: No responsibility for a crime because the illness caused it.

4. Model Penal Code/ALI: combines first two tests. If mental illness caused substantial impairment of ability to appreciate wrongness of act or to conform conduct to law.
Is voluntary intoxication a defense?
Only to specific intent crimes.
What does malice mean, as in 'malicious intent'?
Prosecution need only show that the defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur.
Can the State eliminate intoxication as a defense?
Yes, says the Supreme Court.
Is mistake of fact a defense?
Only if it negates a required state of mind. Think of the hunter example.
Does a mistake have to be reasonable?
For malice and general intent crimes, reasonableness is required. For specific intent crimes, it only has to be good faith.
When can police use deadly force to stop commission of a felony?
1. Probable cause the defendant just committed a felony;
2. Reasonable belief that it is necessary to use deadly force to prevent escape;
3. Must demonstrate that defendant poses a particular risk of danger to others.
For what crimes is duress and necessity not available?
Purposeful homicides.
What are the elements of entrapment?
1. The criminal design must have originated with law enforcement officers;

2. The defendant must not have been predisposed to commit the crime prior to the initial contact by the government.
How does the burden go on entrapment?
If the defendant offers credible evidence on the two elements, the government must show predisposition beyond a reasonable doubt.
What are the elements to criminal battery?
Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.
What state of mind is needed for battery?
A battery need not be intentional. Criminal negligence is sufficient.
What is aggravated battery?
Batteries which:
1. Deadly weapon is used;
2. Serious bodily injury is caused; or
3. The victim is a child, woman or police officer.
What are the elements to assault?
1. Attempt to commit battery or
2. Intentional creation -- other than by mere words -- of a reasonable apprehension in the mind of the victim of imminent bodily harm.
What are the types of homicide at common law?
Murder, Voluntary Manslaughter, and Involuntary Manslaughter.
What is the definition of murder?
The unlawful killing of a human being with malice aforethought.
What is malice aforethought?
1. Intent to kill;
2. Intent to inflict great bodily injury;
3. Reckless indifference to human life;
4. Intent to commit a felony.
What is voluntary manslaughter?
Intentional killing distinguishable from murder by the existence of adequate provocation.
What is "adequate provocation"?
In voluntary manslaughter, it reduces a killing to voluntary manslaughter. It requires:
1. Sudden and intense passion that would overcome ordinary person;
2. D was in fact provoked;
3. No sufficient time to cool off;
4. D did not cool off.
When is provocation adequate?
1. Being subjected to a serious battery or a threat of deadly force; and
2. Finding one's spouse in bed with someone else.
What are the two types of involuntary manslaughter?
1. Criminal negligence (higher standard than civil liability)
2. Unlawful Act manslaughter. (while committing a misdemeanor or felonies that are not violent)
If A deliberately shoots B in the leg, and B is a hemophiliac and dies, is A guilty of murder?
Yes. A "takes the victim as he finds him."
What does "proximate cause" mean in causation (of deaths)?
Defendants are responsible for foreseeable consequences of their acts.
What are the elements for false imprisonment?
Confinement of a person
Without his valid consent.
What are the elements of kidnapping?
Confinement of a person that involves

1. Movement of the victim OR
2. Concealment of the victim in a 'secret' place.
What is rape?
Unlawful carnal knowledge of a woman by a man without her effective consent.
What is larceny?
1. A taking
2. and carrying away
3. of personal property
4. of another
5. by trespass
6. with intent to permanently deprive
If a bailee opens closed containers, is that larceny or embezzlement?
Elements of embezzlement:
1. Fraudulent
2. Conversion
3. Of property
4. of another
5. by a person in lawful possession of that property.
Elements of false pretenses are:
1. Obtaining title
2. To the property of another
3. By an intentional false statement of past or existing fact;
4. With intent to defraud the other.
Elements of robbery are:
1. A taking
2. of personal property of another
3. from the other's person or presence
4. by force or intimidation
5. with the intent to deprive him permanently of it.
Elements of receiving stolen property:
1. Receiving possession and control
2. Of stolen personal property
3. Known to have been obtained in a manner constituting a criminal offense
4. by another person
5. With intent to permanently deprive the owner of his interest in the property.
Elements of burglary:
1. Breaking
2. And entering
3. of the dwelling
4. of another
5. at nighttime
6. with the intent of committing a felony therein.
Elements of arson:
1. Malicious
2. burning
3. of the dwelling
4. of another
Is an explosion good for arson?
No. No flame.