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33 Cards in this Set

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  • Back
Solicitation
Inciting, advising, or commanding another to commit a crime, with the intent that the person solicited commit the crime.
Conspiracy
1) an agreement between 2 or more persons
2) an intent to enter into the agreement
3) an intent b at least 2 persons to achieve the objective of the agreement
4) majority: most states require an overt act
Attempt
an act, done with intent to commit a crime, that falls short of completing the crime
M'Naghten
D does not know right from wrong
Irresistible Impulse
an impulse that D cannot resist
Durham
but for the mental illness, D would not have done the act
M.P.C.
combination of M'Naghten and irresistible impulse
Voluntary Intoxication
Acts a defense only to crimes with specific intent

Not a defense to other crimes involving malice, recklessness, or SL
Battery
unlawful application of force to the person of another resulting in either bodily injury or an offensive touching
Assault
1) an attempt to commit a battery (specific intent), OR
2) creation of reasonable apprehension (general intent)
Murder
Unlawful killing of a human being with malice afterthought

State of Mind:
1) Intent to kill
2) Intent to inflict great bodily injury
3) Reckless indifference to an unjustifiably high risk to human life
4) Intent to commit a felony
Voluntary Manslaughter
Killing that would be murder but of the existence of adequate provocation
- Look for "heat of passion"
Involuntary Manslaughter
Killing committed with criminal negligence (gross negligence) OR during the commission of an unlawful act
Felony Murder
Any death caused in the commission of, or in an attempt to commit, a felony is murder
Statutory Rape
Strict Liability crime
Larceny
1) a taking
2) and carrying away
3) of tangible property
4) of another with possession
5) by trespass
6) w/ INTENT to permanently deprive

--Look for must permanently deprive when took the property
Larceny
1) a taking
2) and carrying away
3) of tangible property
4) of another with possession
5) by trespass
6) w/ INTENT to permanently deprive

--Look for must permanently deprive when took the property
Embezzlement
1) Fraudulant
2) Conversion
3) of Personal property
4) Of another
5) By a person in LAWFUL POSSESSION of that property
False Pretenses
1) Obtaining title
2) To personal property of another
3) By an intentional false statement of past or existing fact
4) w/ INTENT to defraud the other
Embezzlement
1) Fraudulant
2) Conversion
3) of Personal property
4) Of another
5) By a person in LAWFUL POSSESSION of that property
Robbery
= larceny + battery

1) a taking
2) of personal property of another
3) From the other's person or presence
4) By force or threats of immediate death or physical injury
Extortion
Blackmail

Obtaining property by means of threats to do harm or to expose information
False Pretenses
1) Obtaining title
2) To personal property of another
3) By an intentional false statement of past or existing fact
4) w/ INTENT to defraud the other
Burglary
1) a breaking
2) and entry
3) of a dwelling
4) of another
5) at night
6) w/ INTENT to commit a felony in the structure
Robbery
= larceny + battery

1) a taking
2) of personal property of another
3) From the other's person or presence
4) By force or threats of immediate death or physical injury
Arson
1) Malicious
2) burning
3) of the dwelling
4) of another
Extortion
Blackmail

Obtaining property by means of threats to do harm or to expose information
Specific Intent Crimes
1) Solicitation
2) Attempt
3) Conspiracy
4) 1st degree Murder
5) Assault (attempted battery)
6) Larceny/robbery
7) Burglery
8) Forgery
9) False Pretenses
10) Embezzlement
Burglary
1) a breaking
2) and entry
3) of a dwelling
4) of another
5) at night
6) w/ INTENT to commit a felony in the structure
Malice Crimes
1) Common Law Murder
2) Arson
Arson
1) Malicious
2) burning
3) of the dwelling
4) of another
Specific Intent Crimes
1) Solicitation
2) Attempt
3) Conspiracy
4) 1st degree Murder
5) Assault (attempted battery)
6) Larceny/robbery
7) Burglery
8) Forgery
9) False Pretenses
10) Embezzlement
Malice Crimes
1) Common Law Murder
2) Arson