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15 Cards in this Set

  • Front
  • Back
Merger: Basic Concept
Lesser included offenses become subsumed by the greater offense. Ex. attempt merging into the completed offense.
Elements of Crime and Govt's Burden
For every crime charged, govt has BOP for ever element - beyond a reasonable doubt. *Can't shift to D to disprove!
Specific Intent Crimes
FABLE SCRAP: False pretenses, Assault, Burglary, Embezzlement, Solitication, Conspiracy, Robbery, Attempt, Premeditated Murder (1st Degree)
Malice Crimes
Murder, Arson
General Intent Crimes
Battery, Rape, Kidnapping
Significance of Specific Intent Crimes
Certain defenses apply - voluntary intoxication/Mistake of Fact
Special non-merger rule for Transferred Intent
2 separate victims --> so attempted murder for X and murder for Y
Exception to the requirement of Simultaneous act and state of mind
Mistake of Death
Modern Rule of Accomplice Liability - 2 Elements
Indiv can be held responsible for crimes of others if govt shows:
1) Aid - assistance in commission of crime and
2) Intent - she did so intentionally
Common Law Rule - 4 categories of parties to crime
1 Principal in First Degree
2 Principal in Second Degree
3 Accessory before the fact
4 Accessory After the Fact
Principal in the First Degree
present at the scene of the crime and commits at least one element of the crime (main perp)
Principal in the second degree
present at the scene of the crime -- right where crime is being committed or at vicinity (getaway driver, lookout)
Accessory before the fact
(a true crime) NOT present at scene of crime, provides assistance ahead of time
Accessory after the fact
CRIME - specific intent crime, provides assistance to fleeing criminal after the crime; harboring, concealing
Accomplice Liability of each other's crimes - RULE
Each responsible for foreseeable, not necessarily agreed upon crimes of others.