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66 Cards in this Set

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CRIMINAL CONDUCT REQUIREMENTS
Criminal conduct requires an act (actus reus) and intent (mens rea).

Criminal conduct also requires causation.

The state must prove all the elements of a crime beyond a reasonable doubt.
ACT REQUIREMENT
The act must be a voluntary, conscious exercise of the will.
MENS REA REQUIREMENT
In Arizona to be convicted of (crime) the defendant must have (intentionally, knowingly, recklessly or with criminal negligence) committed the crime.
INTENTIONALLY
a person acts “intentionally” when that person acts with a conscious objective or desire either to cause a particular result or to engage in a particular conduct.
KNOWINGLY
a person acts “knowingly” when that person believed or was aware that his conduct was of that nature or that the circumstances existed.
RECKLESSLY
a person acts “recklessly” when he is aware and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.
NEGLIGENTLY
a person acts “negligently” when he fails to become aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct.
STRICT LIABILITY CRIMES
If the statute makes no express provision for a culpable mental state then none is required.
CAUSATION
Conduct causes a result if, but for the conduct, the result would not have occurred. In this case “but for” defendant’s conduct no (crime) would have occurred.
TRANSFERRED INTENT
Arizona law provides for transferred intent when the actual result differs from the intended result only in the respect that a different person or piece of property is injured, or when the intended harm would have been more serious than the harm caused. Transferred intent also occurs when the actual result involves harm similar to the type of harm intended and the actual harm occurs in a manner which the person knew or should have known is rendered substantially more probable conduct.
ACCOMPLICE LIABILITY
In Arizona, a person can be found guilty as an accomplice to a crime if that person, with intent to promote or facilitate the commission of that crime: solicits, commands, aids, counsels, agrees or attempts to aid another in planning or committing the crime.

Accomplice liability does require intent to facilitate the crime.
NO SUBSTANTIAL ACT REQUIRED
In Arizona the act does not have to be substantial to be held as an accomplice.
CAN A PERSON BE CHARGED AS AN ACCOMPLICE IF THE OTHER IS NOT CHARGED FOR THE CRIME?
It is no defense if the other person is not charged, convicted or acquitted or if that other person would have committed the crime anyway.
ACCESSORY BEFORE THE FACT
In Arizona there is no accessory before the fact, accessory after the fact, or aiding and abetting. Conduct that would satisfy common law after the fact is covered by AZ Obstruction statutes.
INCHOATE OFFENSES
Generally it refers to the act of preparing for or seeking to commit another crime. Inchoate offenses include solicitation, conspiracy, and attempt.
SOLICITATION
consists of inciting, counseling, advising, urging, or commandeering, another to commit a crime, with the intent that the person solicited commit the crime. It is not necessary that the person solicited agree to commit the crime or respond affirmatively. Does not apply to undercover officers.
SOLICITATION DEFENSE
It is a defense that the solicitor renounces or withdraws the solicitation if the renunciation is complete and voluntary. The solicitor must tell the other person not to do it and notify the police or take additional steps necessary to stop the crime from being committed.
MERGER
If the person solicited commits the crime, both that person and the person who solicitor can be held liable for the crime. If the person solicited commits acts sufficient to be liable for attempt, both parties can be held liable for attempt. If the person solicited agrees to commit the crime, but commits no acts sufficient for attempt, both can be held liable for conspiracy. Under the doctrine of merger, the solicitor cannot be punished for both solicitation and these other offenses.
CONSPIRACY
Conspiracy is an agreement between two or more parties to commit a crime. A person is guilty of Conspiracy if: i) that person agreed with one or more persons that at least one of them or another person would commit the offense, ii) at least one of the parties committed an overt act in furtherance of the offense, iii) and the defendant had the intent to promote or aid the commission of the offense.
ATTEMPT
In Arizona, to be guilty of attempt, the defendant must intend to commit the underlying offense, and either: 1) intentionally engage in the conduct that would be a crime if circumstances were as he believed, or 2) take a step in furtherance of the crime. It need not be a substantial step* mere preparation is sufficient. * Multistate attempt requires a substantial step.
CONSPIRACY DEFENSE
Renunciation is a defense to attempt. It requires the defendant to make a reasonable effort to prevent the crime and it must be voluntary and complete.
FACTUAL IMPOSSIBILITY
Factual Impossibility is not a defense to attempt. This includes impossibility due to mistake in attendant circumstances.
COMPLETION OF THE UNDERLYING CRIME
If the defendant completes the crime, the attempt is merged into the completed crime (except conspiracy). He can be charged with both crimes, but if he is convicted of the underlying offense he could not also be charged with attempt.
INSANITY
In Arizona, a person may be found guilty, except insane, if at the time of the commission of the criminal act he was afflicted with a mental disease or defect of such severity that he did not know the act was wrong. Mental disease or defect does not include voluntary intoxication, withdrawal from alcohol or drugs or impulse control disorders.
VOLUNTARY INTOXICATION
is caused by the consumption of any substance the person knows or should know has a tendency to cause intoxication and was taken without duress.

Temporary intoxication resulting from voluntary consumption of alcohol does not constitute insanity and is not a defense for any criminal act or requisite state of mind.

Cannot be used to show unawareness of risk for crimes requiring recklessness.
DURESS
Conduct that would otherwise constitute an offense is justified if a reasonable person would believe he was compelled to engage in the conduct by the threat or use of immediate physical force. The force must be of the kind that could result in serious physical injury that a reasonable person in the situation would have resisted. D cannot have placed himself in the situation which caused the distress. Duress is not a defense in situations involving homicide or serious bodily injury.
INFANCY AND INCAPACITY
In Arizona, the incapacity provision extends a rebuttable presumption to all youths under 14 therefore, a person less than 14 years old at the time of the conduct charged is not criminally responsible in the absence of clear proof that at the time of committing the conduct charged the person knows it is wrong. Discretion lies with the juvenile court.
MANDATORY TRANSFER
A person aged 15, 16, or 17 years old at the time of the conduct charged and is charged with one of certain high level crimes (such as 1st or 2nd degree murder, forcible sexual assault, armed robbery, aggravated assault) is irrebuttably presumed to be competent and must be tried as an adult.
DISCRETIONARY TRANSFER
A person aged 14 to 17 who has committed a high-level felony other than (1st or 2nd degree murder, forcible sexual assault, armed robbery, aggravated assault) is irrebuttably presumed to be competent and may be tried as an adult. The discretion lies with the prosecutors.
SELF-DEFENSE
To successfully assert a claim of self-defense the person must be resisting the present or imminent use of unlawful force.

The degree of force used must not have been more than was reasonably necessary to defend against the threatened harm, it may not have been deadly unless the danger being resisted was also deadly force.

The person must not have been the original aggressor.
WHEN IS NON-DEADLY FORCE NOT ALLOWED
Non-deadly force is not allowed in response to a verbal provocation alone or to resist arrest absent an officer’s use of excessive force.
DUTY TO RETREAT
In Arizona there is no rigid duty to retreat but the opportunity to do so is relevant in determining the reasonableness of the person’s belief that force was immediately necessary.
DEFENSE OF OTHERS
a person may use force to defend another in roughly the same circumstances in which he would be justified in using force in his own defense so long as it reasonably appears that the third person would be entitled to do so.
DEFENSE OF PROPERTY
A person has a limited right to use force to defend his or her property against a wrongful taking. Non-deadly force may be used to prevent a wrongful entry on one’s real property, and the wrongful taking of one’s personal property.
DEFENSE OF PROPERTY REQUREMENTS
Must be a dwelling (anything adapted for human habitation). Must be in lawful possession or control premises. Must believe the other is committing or attempting to commit criminal trespass. Must reasonably believe the use or threat of force is immediately necessary to prevent or terminate the trespass.
USE OF DEADLY FORCE IN DEFENSE OF PROPERTY
Under common law, one may use deadly force only to defend one’s dwelling. In Arizona you may threaten deadly force but not use it.
ENTRAPMENT
defendant must admit the substantial element of the crime

must prove with clear and convincing evidence

the idea originated with law enforcement,

that the officers urged and induced the defendant to commit the crime and

that he was not predisposed to commit the crime.
1ST DEGREE MURDER
can be either premeditated, during the commission of a felony or the killing of a LEA.
PREMEDITATED
First-degree premeditated murder requires proof of intent to kill, an actual killing and premeditation. Premeditation means that the defendant acted with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by any length of time to permit reflection. Proof of actual reflection is not required.
WHEN IS AN ACT NOT PREMEDITATED
An act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion.
FELONY MURDER
A defendant commits felony murder when he or an accomplice causes death , even accidentally, during the commission, attempt, or immediate flight from certain felonies, including armed robbery.
CO-FELON LIABILITY
Causing the death of a co-felon during the commission, attempt, or immediate flight from certain felonies is also felony murder.
LAW ENFORCEMENT
In Arizona, a person commits first degree murder if he/she knows the person they are killing to be a law enforcement officer acting in the line of duty.
2ND DEGREE MURDER
requires that a person, act without premeditation, cause the death of another with: i) intent to cause the death of another, ii) knowledge that death or serious bodily injury would result, or iii) under circumstances manifesting extreme indifference to human life, recklessly engages in conduct that creates a grave risk of death.
MANSLAUGHTER
A person commits manslaughter by: i) recklessly causing the death of another person; or ii) killing upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim; or iii) intentionally aiding another to commit suicide; or iv) killing while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force upon such person or a third person which a reasonable person in his situation would have been unable to resist.
NEGLIGENT HOMICIDE
A person commits negligent homicide if with criminal negligence such person causes the death of another person.
KIDNAPPING
a person kidnaps another by knowingly restraining another with the intent to hold for ransom, hostage or shield, hold for involuntary servitude, inflict death, physical injury, or commit a sex crime, place the victim or another in a reasonable apprehension of imminent physical injury, seize control over a means of transportation.
ASSAULT
Is either: 1) intentionally, knowingly, or recklessly causing physical injury to another, 2) intentionally placing another in reasonable apprehension of imminent physical injury, or 3) knowingly touching another person with intent to injure, insult or provoke them.
AGGRAVATED ASSAULT
Is an assault in which serious physical injury occurred or assault committed with a deadly weapon.
ROBBERY
In Arizona, a person commits robbery if in the course of i) taking property of another from his person or immediate presence, ii) against his will, iii) such person threatens or uses force against any person, iv) with intent either to coerce the surrender of or prevent resistance to taking or retaining the property.
ARMED ROBBERY
A person commits armed robbery if that person is armed with, uses, or threatens to use a deadly weapon or simulated deadly weapon in the course of committing robbery.
AGGRAVATED ROBBERY
when one or more accomplices are present
INTENT TO DEPRIVE
is the intent to withhold the property permanently or for long enough that it loses most of its value; or until a reward is paid.
THEFT
A person commits theft in Arizona by knowingly and without lawful authority controlling the property of another, with intent to deprive them of that property.
THEFT BY DECEPTION
A person commits theft by deception in Arizona by knowingly and without lawful authority obtaining the property by means of material misrepresentation.
THEFT BY EXTORTION
A person commits theft by extortion in Arizona by:

knowingly obtaining property or services by means of a threat to cause:

i) physical injury,

ii) damage property,

iii) expose a secret or fact, in the future.
THEFT BY CONVERSION
A person commits theft by conversion in Arizona by knowingly and without lawful authority converting to an unauthorized term of use, services or property that the defendant had possession of for a limited authorized term of use.
BURGLARY
In Arizona, entering or remaining unlawfully in a fenced commercial or residential yard with the intent to commit any theft or felony therein is third degree burglary. It is first degree burglary if the defendant possess a deadly weapon he shows a willingness to use.
THINGS TO REMEMBER ABOUT BURGLARY
You do not need intent to commit a crime at the time of entry,

you do not need a breaking,

you do not need a night time entry.
ARSON
Three categories of arson exist in Arizona.

Arson of an occupied structure.

Arson of a structure.

Reckless Burning.
ARSON OF AN OCCUPIED STRUCTURE
A person commits arson of an occupied structure by knowingly and unlawfully damaging a structure that is occupied by knowingly causing a fire or explosion.
ARSON OF A STRUCTURE
A person commits arson of a structure or property by knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion.
RECKLESS BURNING
A person commits reckless burning by recklessly causing a fire or explosion that results in damage to a structure, wild land, or property.
DAMAGE IN ARSON OR RECKLESS BURNING CASES
Damage is any physical or visual impairment of any surface.
STRUCTURE DEFINED
Structure is any building, object, vehicle, watercraft, aircraft or place with sides and a floor, used for lodging, business, transportation, recreation, or storage, commercial or residential.
OCCUPIED STRUCTURE DEFINED
Occupied Structure is any structure where a human is, or is likely to be present or near enough to be in danger at the time or any dwelling house, occupied or not.