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15 Cards in this Set

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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