Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
15 Cards in this Set
- Front
- Back
|
How does a state acquire jurisdiction for a crime?
|
State is the legal situs --> conduct or result happened in that state
Citizenship does not equal jx |
|
|
What merges and what doesn't merge?
|
solicitation and attempt merge into substantive event
Conspiracy does not |
|
|
What is an act?
What conduct does not constitute an act? |
Act - Any bodily movement
Someone pushing you; reflexive or convulsive act; unconscious acts like sleepwalking |
|
|
Under what 5 circumstances does a legal duty to act arise?
|
(1) Statute [ex. Req. to file tax return]
(2) Contract [lifeguard, nurse] (3) Relationship between the parties [parents, spouses] (4) *Voluntarily assuming a duty of care, and then failing to adequately perform it. (5) Where your conduct created the peril. [Ex. Pushed someone into a swimming pool and they can’t swim.] |
|
|
What are the specific intent crimes?
What are the specific intent property crimes? |
Solicitation, conspiracy, attempt, 1st degree murder, assault*
Larceny, embezzlement, false pretenses, robbery, burglary, forgery |
|
|
What are the malice crimes?
|
(reckless disregard)
C/L Murder & arson |
|
|
Transferred Intent
|
When you shoot at one person and kill another instead; murder and attempted murder do not merge since there are different victims
|
|
|
General Intent
|
Catchall
D is aware circumstances of crime exist |
|
|
What are the Strict Liability crimes?
|
Crime is (1) administrative, (2) regulatory or (moral) and no mens rea requirement
|
|
|
What are accomplices liable for?
What must accomplice be doing? |
Crime itself and all other forseeable crimes.
Actively aiding and abetting the crime. |
|
|
Accomplice Liability in NY
|
Cannot benefit from principle's defense that negates mental state
Not absolved if principle is acquitted immune or not prosecuted Cannot be convicted solely on uncorroborated testimony |
|
|
Accomplice Withdrawal in NY
Accomplice withdrawal on MBE |
(1) voluntarily & completely renounce crime, (2) withdraw prior to commission, (3) try to prevent the crime
(1) withdraw before crime becomes unstoppable (2) attempt to neutralize crime or notify police |
|
|
Solicitation
|
(1) asking someone to commit crime with (2) intent they commit it
If other person agrees, solicitation merges and crime becomes conspiracy |
|
|
Conspiracy
|
(1) agreement between 2+ persons [in NY, unilateral theory] (2) intent to agree, (3) intent to achieve unlawful objective, (4) NY Rule/Maj requires an overt act
|
|
|
Conspiracy Withdrawal
|
MBE: Cannot withdraw from conspiracy, can withdraw from subsequent crimes
NY: withdraw, but must (1) prevent crime and (2) renounce conspiracy |
