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50 Cards in this Set
- Front
- Back
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Incite counsel urge another to commit crime
Intent that they commit |
What is solicitation?
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2 people intentionally agree to intentionally commit crime w intent to achieve agreemt
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What is conspiracy?
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Forseeable crimes included in responsibility for inchoate crimes
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What is the scope of liability for inchoate crimes?
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Withdrawal and impossibility are not defenses
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What two defenses are not available in inchoate crimes?
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taking substantial step w intent
to completing crime that would culminate in completing crime. MPC says abandonment a defense |
What is attempt? What is tested a lot?
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D suffers mental disease or defect and he lacks the ability to appreciate wrongful conduct or understand nature and quality of his actions or to conform to the law's requiremt
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What is MPC definition of insanity?
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D has disease of the mind causing a defect of reason so that D lacked ability at the time to know wrongfulness or understand nature and quality of his actions
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What is the M'Naghten rule?
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What is the rule for intoxication defenses and when can they be used?
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Vol intox used in case with spec intent. Not a defense to malice or reckless crimes.
Invol intox comes from following medical advice, w/o knowledge or from taking under duress. |
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When is self-defense available?
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When reas necessary u may use force necess to protect self.
Retreat not necessary. Can act on appearances Deadly force can be used when confronted with deadly force U r the aggressor if u start it but A can use self defense if there is escalation or has w/drawn |
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What are the elements of necessity?
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May commit property crime in response to natural forces. Test is objective.
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Name elements of duress
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When one has reasonable belief that committing a crime prevents greater physical harm from another. Can't do homicide.
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What is mistake of fact?
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When mistake negates mental element (shooting other hunter instead of deer)
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How does consent work?
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Consent is given by another freely to an act which negates an element of a crime. (kidnapping rape)
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Battery...what are the elements?
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Unlawful use of force on another
resulting in offensive touch or injury Aggravated by serious harm, or with weapon or on child or police |
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Assault...elements please?
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intentionally creating reasonable apprehension in victim that there is going to be imminent bodily harm or attempted battery
Aggravated if with deadly weapon |
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What are the kinds of murder including MPC additions?
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Murder
Voluntary Manslaughter Involuntary Manslaughter MPC Deliberate Felony |
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Common Law Murder can be created in a number of ways. Name them.
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Malice means:
Intent to kill Intent to inflict great injury Reckless indifference/Malignant Heart Intent to commit Felony |
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How do you get to voluntary manslaughter?
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Heat of sudden and provoked passion (death or whoring)
that in fact provoked D (reasonably) who had no cooling time and did not cool off |
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What is involuntary anslaughter?
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Killing with criminal negligence or during non serious other crime
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What are the limits of causation in murder?
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1. Cause in fact (but for)
2. Proximate cause or natural and probable result 3. Guilty if hastens an inevitable result. |
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What is false imprisonment?
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Unlawful confinement of another without consent
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What is kidnapping?
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Unlawful confinement
AND MOVING of another to conceal victim in secret place. Can be aggravated if for committing other crimes or w child. |
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What are the elements of rape?
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Unlawful carnal knowledge of a woman by a man not her husband without effective consent.
Force present if threat, actual, or victim incapable of consenting or defrauded. |
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There are six elements of common law larceny. And they are?
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Taking (obtaining control)
And carrying away (asporting) Tangible personal property of another by trespass, w/o consent or by fraud with intent to permanently deprive |
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Elements of embezzlement.
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Fraudulent
Conversion (absolute contrary to owners interest) of personal property of another by a person who is lawfully in posession of that property |
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Embezzlement can take place when defendant has the property of another. Why isn't it theft?
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Because theft requires that the property be taken from another.
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What happens if an embezzler intends to restore exact property taken?
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Then it is not embezzlement.
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What are the elements of taking by false pretenses?
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1. Obtaining title
2. Of personal property of another 3. By intentional false statement of fact 4. with intent to defraud another. Contrast tricking someone out of the POSSESSION of their property by trick vs. giving up title. Giving up title is false pretenses. |
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Robbery has elements. What are they?
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1. Taking
2. of personal property of another 3. from their person or presence 4. by force threats to v or their family or another present 5. With intent to permanently deprive The giving up must be causally related to the force/threat. |
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List elements of receipt of stolen property.
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1. Receiving possession and control
2. Of stolen personal property 3. Known to have been obtained criminally 4 by another 5. With the intent to permanently deprive |
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MPC theft
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Some or all of common law property crimes.
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Forgery, clifford irving not. What is Forgery?
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Making or altering
writing with legal signficance so that it is false. |
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Dude, let's talk burglary.
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Breaking and
Entering Dwelling of another with intent to commit felony in the structure at nighttime. |
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Arson has some elements, and an interesting mental state. Wassup?
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Malicious (either intent or disregarding obvious risk)
Burning (ok to just char) Dwelling of another. |
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Murder is
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Killing of another
With malice |
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Malicious killing (murder) can occur in one of four ways
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FIDI
Felony Intent to Seriously injure Depraved Heart Intent to kill FIDI |
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What is voluntary manslaughter?
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Murder with significant provocation
Unreasonable belief of self-defense |
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What is assault?
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Where one either attempts to commit a battery or places another in fear of imminent injury.
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Larceny is
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Taking and movement
of another's property with the intent to permanently deprive. |
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Larceny by trick?
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Obtaining possession of another's property by fraud.
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Larceny by false pretense?
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Obtaining title to property by fraudulent material misrep.
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What is embezzlement?
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Fraudulent conversion of property by one in lawful possession.
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What is receiving stolen property?
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Receipt of stolen property with knowledge property has been stolen with the specific intent to deprive the owner.
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What is extortion?
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Extortion. Also called blackmail. Obtaining property by threat of a future harm.
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What is robbery?
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Taking and asportation of personal property of another from the person of another by force or threat of force with intent to permanently deprive.
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What is larceny by delivery?
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Larceny by delivery. D is guilty of theft if he fails to take reasonable measures to restore the property to its owner.
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What is larceny by finding?
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Larceny by finding. D is guilty of theft if he fails to take reasonable measures to find the owner and return the lost property.
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What is common law burglary?
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Breaking and entering the dwelling of another at night with the intent to commit a felony. Unlocked door ok. Any entry ok.
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Mistake is when
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D's mistake prevents the formation of the correct mens rea.
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Conspiracy has two mental states. What are they?
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One is general, for an agreement. Two is specific, that crime be committed.
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