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29 Cards in this Set

  • Front
  • Back
Criminal Merger
1. Solicitation or Attempt into Completed Crime
2. Lesser Included Offenses into Greater Offenses
Specific Intent
First Degree Murder, Assault, Theft Crimes, Solicitation, Attempt and Conspiracy
*voluntary intoxication and unreasonable mistake of fact apply only to specific intent crimes.
Common Law Murder and Arson. Must show defendant recklessly disregarded an obvious or high risk that a particular harmful result would occur.
General Intent
Defendant must be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present.
person who, with the intent that the crime be commited, aids, counsels, or encourages the principal before or during the commission of the crime.
Accomplice Intent
given aid, enouragement, etc. with teh intent to aid or encourage the principal in the commission of the crime.
Accomplice Liability
Liable for the crimes he counseled adn for any other crimes committed int eh course of committing the crime contemplated, as long as the other crimes were probable adn foreseeable.
Accomplice Withdrawal
One who has rendered encouragement or aid to another may avoid liability if he withdraws from the crime before it's comitted.
*must occur before crime becomes unstoppable
Inciting, counseling, advising, inducing, urging, or commanding another to commit a felony with the specific intent that the person solicited commit the crime. Complete at the time the solicitation is made. No need for other party to agree.
Defenses of Solicitation
1. Impossiblity is NOT a defense.
2. Can't withdraw after made
3 Exemption from Intended Crime.
No merger with completed crime. Elements:
1. Agreement between two or more persons.
2. Intent to enter into an agreement.
3. Intent to achieve the objective of the agreement.
*specific intent crime (intent to agree and intent to achieve objective)
Defenses to Conspiracy
1. Impossiblity is NOT a defense
2. Withdrawal is NOT a defense. Complete when agreement is made
Act that, done witht the intention of committing a crime, falls short of completingthe crime. Elements:
1. Specific Intent to commit crime
2. Overt act in furtherance of that intent
Defenses to Attempt
1. Legal Impossibility of Success (the things taht defendant does or intends to do would not actually be a crime).
2. Abandonment (withdrawal) only if: it is fully voluntary adn it is complete abandonment.
*if charged with only attempt, cannot be charged with completed crime.
Three Tests:
1. M'Naghten Rule
2. Irresistible Impulse
3. Durham
M'Naghten Rule of Insanity
1. Disease of the mind
2. Caused a defect of reason
3. Such that the defendant lacked the ability at the time of his actions to either: (i) know the wrongfulness of his actions or (ii) understand the nature and quality of his actions.
Examples where M'Naghten would apply
1. Defendant with delusions
2. Belief Acts are morally right
3. Inability to control oneself
Irresistible Impuse Test of Insanity
Proof establishes that because of mental illness, defendant was unable to control his actions or to conform his conduct to the law.
Durham Test of Insanity
Froof establishes taht defendant's crim was the "product of mental disease or defect". (would not have been committed but for disease).
Voluntary or Involuntary. Evidence of intoxication may be raised whenever the intoxication negates the existence of an element of a crime.
Voluntary Intoxication
Can be used against specific intent crimes only. Usually not against general intent crimes. Not available if def purposely becomes intoxicated in order to establish the defense.
Involuntary Intoxication
results from taking of an intoxicating substance without knowledge, under duress, or pursuant to medical advice. Treated as mental illness.
Under Seven - no criminal liability
Under Fourteen - Rebuttable presumption of no criminal liability.
Over Fourteen - treated as adult.
Self Defense with Nondeadly Force
Individual who is w/o fault may use such force as reasonably appears necessary to protect herself from the imminent use of unlawful force upon herself. no duty to retreat first.
Self Defense with Deadly Force
Person w/o fault is confronted with unlawful force and she is threatened with imminent death or great bodily harm. No duty to retreat (especially in home, police officer, robbery)
Regain right to use deadly force
Defendant may regain their right to self defense if:
1. Withdrawal - stops action and communicates that to victim
2. Sudden Escalation - victim suddenly escalates a minor fight into deadly force.
Defense of a Dwelling
Mistake of Fact (criminal defense)
defendant did not have the state of mind required for the crime
*must be reasonable for everything but specific intent
1. Consent was voluntarily adn freely given
2. Legal capacity to consent
3. No fraud involved