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5 Cards in this Set

  • Front
  • Back
Specific Intent Crimes =

1. Solicitation
2. Attempt
3. Conspiracy
4. 1st Degree Premeditated Murder
5. Assault
6. Larceny and Robbery
7. Burglary
8. Embezzlement
9. False Pretenses
General Intent Crimes =

1. Battery
2. Rape
3. Kidnapping
4. False Imprisonment
Malice Crimes =

1. Common Law Murder
2. Arson
Strict Liability Crimes = re: administrative, regulatory, or morality. Statute contains no adverbs (Knowingly, Intentionally, Willfully)

SL Crimes =
1. Statutory Rape
2. Selling Liquor to Minors
3. Bigamy (some jdx)

SL Defenses =
1. Insanity
2. Involuntary Intoxiaction
Transferred Intent = D intends the harm that is actually caused, but to a different victim or object.

Applies to =
1. Homicide
2. Battery
3. Arson
4. [It does not apply to Attempt]
Assault = (2 theories)

1. Attempted Battery Assault (SI crime)
2. Threat of Bodily Injury Assault (GI crime)
What are the 2 additional defenses available for SI crimes?

1. Voluntary Intoxiction, and
2. Any mistake of fact, no matter how preposterous
CL Murder has 4 Intents =

1. Intent to Kill
2. Intent to do serious bodily harm
3. Highly reckless murder (depraved heart) = intentional performance of an act entailing substantial likelihood of causing death
4. Felony murder = you kill someone while committing a felony, intent to commit the felony is enough intent to establish CL murder
iv. CL Manslaughter = (2 kinds)
1. Voluntary Manslaughter = provoked killing
a. ONLY exists if you can find some passion.
2. Involuntary Manslaughter = (2 kinds)
a. Killings from Criminal Negligence =
i. Ex: you’re sleepy from lecture, get in car and fall asleep, and kill someone w/ car
b. Misdemeanor Manslaughter = killing someone while committing a misdemeanor or an un-enumerated felony
i. Most felony murder statutes enumerate what is murder.
e. Defenses to Felony Murder (5)
i. If D has defense to the underlying felony, then he has a defense to felony-murder
1. Underlying felony in a holdup = specific intent crime. Drunk Friend of person who did the holdup, who stood next to him, has defense
ii. Felony to ..must be something other than the …(page 37 in big outline)
iii. Death must be foreseeable
iv. Deaths caused while fleeing from a felony are felony murder. BUT once D reaches a point of temporary safety (usually spending the night at someone’s house), deaths caused thereafter  felony murder
1. Ex: while A is fleeing from a felony, hits and kills kid B. A drives on home and spends night at mom’s house. The next day, A is out driving again, hits and kills kid C. B = felony murder. C  felony, murder.
v. Redline View = D is not liable for the death of a co-felon as a result of resistance by the victim or the police
1. Ex: S and J holding up convenience store, and owner kills J. S is not liable for felony murder.
2. EX: Same, but convenience store owner shoots at J, but misses and kills a shopper. S and J both liable for felony murder! This is not the death of a co-felon.