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74 Cards in this Set
- Front
- Back
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Elements of a crime (2)
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Act + intent
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Commission: what counts and what doesn't?
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Intentional acts count
Reflexive/convulsive acts and unconscious/somnolent acts do NOT count |
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Omission. Failure to act gives rise to liability ONLY IF (3)
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1 Specific duty to act
2 D had knowledge of duty AND 3 Reasonably possible to perform duty |
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Scenarios yielding duty to act w/re to omissions (5)
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1 Statutes
2 Contractual agreements 3 Relationship btw parties (parent/child) 4 Attempt to rescue + failure to reasonably perform OR 5 D caused the peril |
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What are the mental states? (4)
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Strict liability
Specific intent Malice General intent |
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Possible defenses for strict liability crimes (3)
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Duress
Insanity Involuntary intoxication |
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Common strict liability offenses (3)
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Statutory rape
Selling liquor to minors Bigamy |
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Common general intent crimes (4)
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Battery
Rape Kidnapping False imprisonment |
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Defenses to general intent crimes (8)
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Insanity
Reasonable mistake of fact Involuntary intoxication (but NOT voluntary intoxication) Infancy Defense of self/others Duress Consent Entrapment |
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Common specific intent crimes (11)
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Inchoate offenses
-Solicitation -Attempt -Conspiracy Property crimes -Larceny -Embezzlement -False pretenses -Robbery -Burglary -Forgery Misc. -Assault to commit battery -First degree murder |
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Defenses to specific intent crimes (8 for general intent + 2 unique to specific intent)
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UNreasonable mistake of fact
Diminished capacity (drunk, usually) |
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What is degree is common law murder?
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Second degree (so NO unique specific intent defenses)
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Mistake of fact, reasonable/unreasonable, can be applied to which mental states?
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Specific intent: EITHER reasonable OR UNreasonable
General intent: REASONABLE only Malice: REASONABLE only (except imperfect self-defense) Strict liability: NEVER |
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Transferred intent can be transferred from what to what?
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From intended victim to unintended victim
NOT from one crime to another crime EXCEPT felony murder |
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For what are accomplices liable? (2)
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Originally intended crime AND all other foreseeable crimes committed by principals
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Is silent approval enough for accomplice liability?
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NO
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Elements of accessory after the fact (2)
For what is accessory after the fact liable? |
Elements
Person who aids criminal in escaping AND knew criminal committed felony Liability Separate, lesser crime of being accessory after the fact; NOT crime of principals |
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What is the "stake in the outcome" doctrine?
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Where service/product is lawful, a person must have a stake in the outcome to have accomplice liability.
E.g., overcharging knowing that cough medicine will be used to make drugs is enough. |
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At what stage is solicitation crime complete?
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When question is asked.
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Solicitation elements (2)
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Asking/urging someone to commit a crime AND intent that person solicited commit the crime
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What happens is person solicited commits the crime?
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Solicitation merges into conspiracy
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Defenses to solicitation?
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Maybe withdrawal
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What are the elements of conspiracy? (4)
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Agreement btw 2+ persons
Intent to enter into agreement Slightly overt act (including mere preparation) AND Intent by at least 2 persons to achieve objective of agreement (so won't work if there are only 2 people and one is an undercover cop) |
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Does conspiracy merge with substantive offense?
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NO; can be convicted of both conspiracy and crime
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Double intent for conspiracy
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Intent to agree AND intent to achieve objective
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Withdrawal defense to conspiracy: elements (2) and scope
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Withdrawal requires affirmative act that notifies ALL other conspirators AND notice in time for others to abandon plans
Scope is ONLY as to crimes committed in furtherance of conspiracy, NOT as to conspiracy itself |
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What are individual conspirators liable for?
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ALL crimes of co-conspiractors SO LONG AS in furtherance of conspiracy AND reasonably foreseeable
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Overt act: majority vs minority rule
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Majority: overt act required
Minority: NO over act |
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What are the elements of attempt? (3)
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Act
With intent to commit a crime AND Failure to complete the crime |
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How far along should act be re attempt?
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Substantial step; NOT mere preparation
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What mental state is required for attempt?
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Specific intent EVEN IF target crime is general intent or malice
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Defenses for attempt?
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Maybe withdrawal
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Tests for insanity (4)
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M'Naghtan: Did D know right from wrong?
Irresistible impulse: D lacked capacity for self-control Durham: Was D's conduct a product of a mental illness? MPC: Did D lack substantial capacity to know right from wrong OR was D unable to control himself due to disease/defect? (M'Naghten + irresistible impulse) |
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Voluntary vs involuntary intoxication
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Voluntary: NO defense to general intent crimes
Involuntary: Defense to ALL crimes |
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Infancy and age classifications
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0-7: NO liability
7-14: Rebuttable presumption of no liability |
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When can victim use self-defense? (3)
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Person without fault (NOT initial aggressor)
Confronted with unlawful force AND Threatened with imminent death or great bodily harm |
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When can aggressor use self-defense? (2 scenarios)
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If aggressor effectively withdraws from altercation AND communicates to the other desire to withdraw
OR If victim of initial aggression suddenly escalates fight into deadly altercation AND no chance to retreat |
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What is needed for person to exercise defense of another?
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Requirements of self-defense
NO special relationship btw victim and defender necessary |
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Majority vs minority rules re retreat and deadly force, and exceptions to minority rule (3)
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Majority: NO retreat
Minority: Retreat to the wall IF safe to do so EXCEPT: 1 Victim is at home 2 It is a violent felony (rape, robbery) OR 3 Victim is police officer |
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What does and does not constitute initial aggression?
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Mere insults NOT enough
Descriptive words, like "I'm going to kill you" ARE enough |
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What kind of force can be used to defend property?
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ONLY non-deadly force
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To which crime is duress NOT available?
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Homicide
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Element of necessity defense
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D reasonably believed that commission of a crime was necessary to avoid greater harm to society
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Element of duress
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Where D reasonably believed that person would imminently inflict death or great bodily harm upon him or member of his family if D didn't commit the crime
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Mistake of fact vs mistake of law
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Mistake of law: NO defense UNLESS applicable law was wrong or not available
Mistake of fact: Defense ONLY to show that D lacked mental state required for crime |
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Unreasonable vs reasonable mistake of fact distinguished
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Reasonable mistake of fact for malice or general intent
Unreasonable mistake of fact for specific intent |
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What are the elements of entrapment? (2)
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Police initiated AND D had NO predisposition to commit the crime
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What are the elements of battery? (2)
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Unlawful application of force to a person AND result of bodily injury or offensive touching
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What are the two varieties of assault, and their distinct mental states?
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EITHER an attempt to commit battery--specific attempt
OR an intentional creation of a reasonable apprehension of imminent bodily harm OTHER THAN MERE WORDS--general intent |
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What are the four mental states possible for murder?
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Intent to kill
Intent to inflict great bodily injury Reckless indifference to an unjustifiably high risk to human life (aka "depraved heart") Intent to commit a felony |
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What are the defenses to felony murder? (5)
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Defense to underlying felony
Underlying felony was a killing (killing can't then become the felony for felony murder) Foreseeability D reached a point of safety MAJORITY VIEW: NO liability for death of co-felon that results from resistance by victim or police (but still liable for death of innocent victim by another victim or police) |
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Can any felony count towards felony murder?
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NO; only inherently dangerous felonies (not tax fraud)
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What is the definition of voluntary manslaughter?
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Killing that would otw be murder BUT FOR adequate provocation
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What are the elements of adequate provocation? (4)
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Arouses sudden and intense passion
D was in fact provoked Not sufficient time to cool off D in fact did not cool off |
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What defenses will take murder down to voluntary manslaughter? (2)
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Imperfect self-defense
Diminished capacity |
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What is imperfect self-defense?
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Murder can be reduced to manslaughter IF
D "unreasonably but honestly" believed in the necessity of responding with deadly force |
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What are the two ways to satisfy involuntary manslaughter?
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Criminal negligence
OR Killing during commission of misdemeanor or non-felony-murder felony |
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What are the two ways to commit a kidnapping?
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Unlawful confinement that involves
EITHER some movement of victim OR concealment of victim in secret place |
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What are the elements of false imprisonment? (2)
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Same as tort
Unlawful confinement AND Without victim's valid consent *No escape possible; threatening words are enough |
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What are the elements of rape? (3)
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Unlawful carnal knowledge of a woman by a non-husband man
Without effective consent AND Slightest penetration |
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What defenses to rape would NOT be defenses to statutory rape?
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ALL! Especially consent and mistake of fact
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What are the elements of larceny? (6)
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Taking
And carrying away Of tangible personal property Of another Without victim's consent AND With intent to permanently deprive at the time of the taking |
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What is the best defense to larceny?
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Mistake of fact, where taker honestly believes the property was hers
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What are the elements of embezzlement? (5)
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Fraudulent
Conversion Of personal property Of another AND By person in lawful possession of that property |
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What are the elements of false pretenses? (4)
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Obtaining title
To personal property of another By intentional false stmt of past or existing fact (NOT promise to do something in the future) AND With intent to defraud the victim |
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What are the elements of robbery? (5)
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Aka larceny + assault
Taking Of personal property of another From victim's person or presence By force of threats of immediate (NOT future) death or physical injury AND Intent to permanently deprive victim |
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What are the elements of extortion? (4)
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Corrupt collection
Of unlawful fee By officer AND Under color of law |
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What are the elements of forgery? (4)
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Making or altering
A writing Making it false AND Intent to defraud |
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What are the elements of burglary? (6)
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Breaking
Entering Of a dwelling Of another At nighttime AND Intent to commit felony therein |
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What are the elements of arson? (4)
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Malicious
Burning that causes at least charring Of dwelling (any structure will do for MBE) Of another |
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Defenses to accomplice liability? (2)
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UNforeseeability
IF accomplice merely encourages, he can withdraw by repudiating encouragement and neutralizing situation by stopping it or notifying police BEFORE it occurs |
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What are the elements of larceny by trick?
How is it different from false pretenses? |
Elements are:
-Taking -And carrying away (asportation) -Of tangible personal property -Of another -By trespass -WITH consent BY TRICK (larceny requires NO consent) -Intent to permanently deprive interest in personal property Distinguish from false pretenses b/c if the victim intends to convey TITLE to criminal, then FALSE PRETENSES; if intent is to convey POSSESSION, then LARCENY BY TRICK |
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When can a private person use deadly force against a felon? (2 scenarios)
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In self-defense
AND to apprehend a fleeing felon IF the felon threatens death or serious harm AND deadly force is necessary to prevent felon's escape |
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What is "intent to permanently deprive"?
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The intent must be to PERMANENTLY deprive OR to put the property at SUBSTANTIAL RISK OF LOSS
UNLESS the property is destroyed later or unless D took it away for a very long time, no intent will be found |
