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57 Cards in this Set
- Front
- Back
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What are the requirements for solicitation?
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"Solicitation consists of
1. asking (inciting, counseling, urging, etc.) another to commit a crime 2. with the intent that the person solicited commit the crime" |
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Is it necessary that someone does not agree to commit a crime for you to be guilty of soliciation?
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No.
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When does the crime of solicitation end?
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When you ask them to commit a crime.
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What happens when a person you solicit commits a crime?
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Then it becomes conspiracy and solicitatio MERGES with conspiracy
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What are the elements of conspiracy?
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"1. an agreement (needn't be express)
2. an intent to agree 3. an intent to pursue the unlawful objective 4. Majority (not minority / CL): Overt act - even an act of mere preparation" |
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Does conspiracy merge with the primary offense?
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No.
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What is each conspirator liable for?
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"For all of the crimes of the co-conspirators if those crimes…
a. are committed in furtherance of the conspiracy AND b. are foreseeable" |
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"Can a D withdraw from liability from the conspiracy itself?
How about the withdrawl from liability for other conspirators' subsequent crimes?" |
"No.
Yes. |
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What is required for the crime of attempt?
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Specific intent to commit a crime AND a substantial step beyond mere preparation in the diretion of the commission of the crime
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What are the tests for insanity?
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1. M'Naghten Rule
2. Irresistible Impulse 3. Durham Test 4. Model Penal Code Test |
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What is the M'Naughten Rule for insanity?
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"at the time of his conduct, D lacked the ability to
a. know the wrongfulness of his action OR b. understand the nature and quality of his actions" |
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What is the Irressistable Impulse test for insanity?
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D lacked the capacity for self control and free choice
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What is the Durham test for insanity?
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D's conduct is a product of mental illness
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What is the Model Penal Code test for insanity?
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"D lacked the substantial capacity to either
a. appreciate the criminality of his conduct OR b. conform his conduct to the requirements of the law" |
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"What are examples of voluntary intoxication?
To what crimes is voluntary intoxication a defense?" |
"Examples: addicts, alcohalics
Defense only to SPECIFIC INTENT crimes" |
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To what crimes is involuntary intoxication a defese?
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All crimes, including strict liability (Same as insanity)
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To what crimes is insanity a defense?
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All crimes, including strict liability (same as involuntary intoxication)
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What are the rules for infancy as a defense?
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"Under 7: no criminal liability
Under 14: rebuttable presumption of no criminal liability" |
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When is non-deadly use of force an adequate self defense?
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Anytime the victim reasonably believes that force may be used on them
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When is deadly use of force a legitimate defense in Majority states?
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Majority (default): anytime the victim reasonably believes that deadly force is about to be used on them
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When is deadly use of force a legitimate defense in MINORITY states?
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"victim, prior to using deadly force to self-defense, must retreat if it is safe to do so
But there are 3 exceptions to the duty to retreat if: a. you are in your home b. you are the victim of rape or robbery c. you are a police officer in a retreat J" |
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Does an original aggressor have a defense of self-defense?
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"No, unless he
a. withdraws AND b. communicates to the original victim that he intends to withdraw" |
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When can deadly force be used to protect your dwelling?
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Never
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"What is duress?
When is it a defense?" |
"Duress is when someone threatens you (or a family member) with imminent death or great bodily harm and tells you to commit a crime
It is a defense for all crimes but homicide" |
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What type of a mistake of fact is a defense for a crime requiring specific intent?
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ANY mistake (reasonable or unreasonable)
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What type of mistake of fact is a defense for a crime requiring malice or general intent?
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only if the mistake is reasonable
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What type of mistake of fact is a defense for a crime of strict liability?
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None - mistake of fact is never a defense for crimes of strict liability
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Is consent of the victim a defense to a crime?
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Almost never
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What is entrapment?
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the police designed the crime AND D was not already going to commit the crime
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"What is battery?
What is the intent requirement?" |
"A completed assault
it's a general intent crime" |
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What are the two types of assault?
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"1. Assault as an attempted battery
2. Assault as a threat" |
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"What is an example of assault as an attempted battery?
What is the intent requirement?" |
"Pro takes swing at me, I duck, and he misses
specific intent" |
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What is the intent requirement for assault as a threat?
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general intent
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If there is any contact, what happens to the assault as an attempted battery?
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The assault as an attempted battery merges with battery.
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Can you murder a dog?
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No! Murder requires the death of a PERSON!
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What is murder?
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"murder is an unlawful killing of a human being with malice aforethought
Malice aforethought requires any of these states of mind: 1. Intent to kill (created by intentional use of a deadly weapon) 2. intent to do serious bodily harm 3. highly reckless or depraved heart murder 4. intnt to commit a felony (felony murder)" |
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what are the requirements for voluntary manslaughter?
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"It is a killing from passion or a provoked killing
The requirements for provocation are 1. no time to cool off from the heat of passion AND 2. not ""mere words""" |
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what are the requirements for involuntary manslaughter?
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killing from criminal negligence (gross negligence)
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What is the requirement for misdemeanor manslaughter?
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killing someone while you are committing either a misdemeanor or an unenumerated felony (a felony not included within felony murder rule)
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What are defenses to felony murder OR when does felony murder not apply?
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"1. D has a defense to the underlying felony
2. death was not a foreseeable result of the felony 3. Death occurred after D fled the the scene of the felony and reached some point of temporary safety 4. No liability for D where a co-felon killed as a result of resistance from the felony victim or police" |
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What is degree of contact is required for rape?
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only the slightest penetration
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What are the defenses to statutory rape?
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None. It is strict liability. So consent of victim and mistake of fact are no defense.
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What are the elements of larceny?
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"Larceny consists of
1. a taking (obtaining control) 2. and carrying away 3. of tangible personal property 4. of another 5. w/out his consent or wrongful consent 6. with intent to permanently deprive the person of his interest (SPECIFIC INTENT) AT THE TIME OF THE TAKING" |
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If you take something that you think is yours, can you be liable for larceny?
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No.
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What does the person committing the larceny get?
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Possession only, not title (same as embezzlement)
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What are the elements of embezzlement?
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Embezzlement is the lawful possession of a personal property followed by an illegal conversion
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What are the requirements for false pretense?
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"1. Obtaining TITLE
2. to the property of another 3. by intentional false statement statement of past or existing fact 4. with the intent to defraud another" |
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What is the difference b/w larceny and embezzlement?
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in embezzlement, D misappropriates property while it is in its rightful possession, while in larceny the D misappropriates the property not in his possession
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What is robbery?
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"1. a taking (obtaining control)
2. of a personal property of another 3. from the other's person or presence (anywhere in his vicinity) 4. by force or threats of IMMEDIATE death or physical injury 5. with the INTENT to permanently deprive person of it" |
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What if someone who is threatened by a robber gives up the goods because they feel sorry for the robber - would that be robbery?
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No. but it may be attempted robbery
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What are the requirements for extorsion?
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obtaining property by means of threats to do harm or to expose information IN THE FUTURE
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What are the elemtns of a burglary?
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"1. a breaking (actual or constructive)
2. and entry (can be by any part of person's body or instrument) 3. of the DWELLING 4. of another 5. at night 6. with the INTENT to commit a felony inside (must exist at time of breaking)" |
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What is constructive breaking in a robbery?
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gaining entry by means of fraud, threat, or intimidation
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What are the elements of arson?
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"1. the MALICIOUS (intentional or w/reckless disregard of obvious risk)
2. BURNING (charring sufficient, blackening by smoke not) (explosion not enough unless it caused the fire) 3. of a DWELLING 4. of ANOTHER" |
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Can you merge transferred intent where there are different victims?
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No.
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What does the wrongdoer obtain with embezzlement?
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possession only, not title (same as larceny)
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What does the wrongdoer obtain with false pretense?
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Title only, not possession
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