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15 Cards in this Set

  • Front
  • Back
Void-For-Vagueness Doctrine
Due Process Clause prohibits imposition of a criminal penalty w/out:
(1) fair warning
(2) fair enforcement of the criminal code.
Ex Post Facto Laws (Art. I)
Prohibits state and federal legislatures from retroactively:
(1) Making an act a crime
(2) Increase punishment
(3) Change rules of evidence or criminal procedure so that it is easier to convict.
Bills of Attainder (Art.I)
Prohibits state and federal legislature from passing a legislative act that inflicts punishment or denies a privilege w/out a judicial trial.
Elements of a Crime
(1) Mens Rea
(2) Actus Reus
(3) Causation
(4) Harmful Result
Specific Intent Crimes
(1) Solicitation
(2) Attempt
(3) Conspiracy
(4) 1st Degree Murder
(5) Burglarly
(6) Assault
(7) Forgery
(8) False Prestenses
(9) Larceny
MPC Definition of Purposely
Conscious objective to do the act or cause the result.
MPC Definition of Knowingly
Awareness that conduct is prohibited or that harmful result is likely to occur.
MPC Definition of Recklessly
Conscious disregard of a substantial or unjustifiable risk, which constitutes a gross deviation from the standard of care.
Criminal Negligence
Failure to be aware of a substantial and unjustifiable risk, which constitutes a substantial deviation from the standard of care.
One who w/ requisite mental state commits the target offense.
One who aids, counsels, or encourages principal to commit the crime w/ intent that the crime be committed.
Accessory After the Fact
One who assists a FELON escape arrest, trial, or conviction w/ the intent to do so.
Accomplice Liability
Liable for foreseeable crimes committed by the principal and/or accomplice(s).
Withdrawal from Accomplice Liability
Effective w/drawal before target offense has been committed depends on what D did.

(1) If D encouraged the principal, he can w/draw by repudiating his encouragement.

(2) If D provided material assistance, he can w/draw by neutralizing this assistance.

(3) In the alternative, D can notify law enforcement before target offense is committed.
Persons Excluded for Accomplice Liability
(1) Members of a class protected by the criminal statute

(2) Parties necessary for commision of the crime, who are not provided for by criminal statute. (exp: buyer is not an accomplice for the offense of sale of drugs. Only seller is liable).