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156 Cards in this Set

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What is the difference between a criminal commitment and a civil commitment?
A criminal commitment is punishment for conduct that violates a statute. Civil commitment is designed to help individuals and protect society.
Who are civil wrongs committed against? Who are criminal wrongs committed against?
Civil wrongs are committed against a person. Criminal wrongs are committed against the public.
Who is responsible for seeking redress in civil actions? Criminal actions?
Civil actions are against an individual. Criminal actions are against the State.
What is the standard of proof in a civil action?
The standard of proof in a civil action is proof by a preponderance of the evidence.
What is the standard of proof in a criminal action?
The standard of proof in a criminal action is proof beyond a reasonable doubt.
What must the legislature do to ensure that the public is aware of the limitations of their conduct?
Every enactment (law) must put the reasonable person on notice of what conduct is prohibited. There must be definiteness such that there is uniformity in its application. It will not leave it up to every officer of the law to enforce it as they see fit. It must be administer in the same fashion.
What is Due Process and how does it relate to Criminal Law?
These amendments provide that the State and Congress may not deprive anyone of life, liberty, or property without due process of law. Due process is the conduct of legal proceedings according to establish rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case.
Can a person be punished for their status?
No. A person cannot be punished for their status only for their conduct. See Robinson v. California.
What is general intent?
The intent to perform an act even though the actor does not desire the consequences that result. This is the state of mind required for the commission of certain common-law crimes not requiring a specific intent or not imposing strict liability. General intent usu. takes the form of recklessness (involving actual awareness of a risk and the culpable taking of that risk) or negligence (involving blameworthy inadvertence).
What is specific intent?
The intent to accomplish the precise criminal act that one is later charged with. • At common law, the specific-intent crimes were robbery, assault, larceny, burglary, forgery, false pretenses, embezzlement, attempt, solicitation, and conspiracy
What is homicide?
Homicide is the unlawful killing of another living human being.
What are the different types of homicide?
Homicide is divided into two categories murder AND manslaughter.
What is murder?
The killing of a human being with malice aforethought. It must exist at the time of the crime.
What is malice aforethought?
The requisite mental state (mens rea) for first-degree murder.

At the time that the act was committed, the person intended that conduct in a malicious before or contemporaneously with the act; it was that person's intent to commit the malicious act.
What are the paradigms of malice?
Intent to Kill

Intent to Inflict Grievous Bodily Harm

Extreme Reckless
Indifference to the Value of Human Life

Intent to Commit a Dangerous Felony (which leads to culpability under the felony-murder rule)
What are the elements of first-degree murder?
A person guilty of this:

1. Kills another living human being

2. With malice AND

3. Specific intent to kill formed after premeditation and deliberation OR

4. By poisoning, lying in wait, imprisonment, starvation, or torture; OR

5. While committing or attempting arson, rape, sex offense, robbery, burglary, kidnapping, or any felony in which a deadly weapon is used.
What is the felony murder rule?
A murder that occurs during the commission of a dangerous felony (often limited to rape, kidnapping, robbery, burglary, AND arson).
What are the exceptions to the felony murder rule?
Death of a co-felon by a third party.

Death caused by a third-party in response to the felony UNLESS during the commission of the felony, the defendant uses another as a shield and the shield is killed by a third party.
What are the elements of second-degree murder (common-law murder)?
A person guilty of this offense:

1. Unlawfully

2. Kills

3. Another living human being

4. With malice

An intentional that is unjustifiable (e.g., not committed in self-defense), inexcusable (e.g., not committed by an insane person), and unmitigated (e.g., not the result of sudden heat of passion) constitutes common law murder.
How is the malice aforethought element satisfied under second-degree murder?
It is met by implied or express malice.

Malice is a particular ill will, wickedness of disposition, hardness of hear, cruelty, recklessness of consequences, etc.
What is manslaughter?
Manslaughter is the unlawful killing of another living human being without malice.
What are the two types of manslaughter?
Voluntary Manslaughter

Involuntary Manslaughter
What is voluntary manslaughter?
A person guilty of this offense:

1. Unlawfully

2. Kills

3. Another living human being

4. Without malice (Sudden Heat of Passion or Imperfect Self-Defense)
What are the mitigating factors of voluntary manslaughter?
a. Sudden heat of passion and imperfect right of self-defense do not completely justify a killing. They displace the element of malice, reducing the offense from second-degree murder to manslaughter.
What is involuntary manslaughter?
A killing which occurs either through reckless conduct or negligent conduct without malice, premeditation and deliberation, or an intention to inflict serious bodily injury (or misdemeanor manslaughter).
What are the elements of involuntary manslaughter?
A person guilty of this offense:

1. Kills

2. Another living human being

3. Unlawfully

a. An unlawful act that does not amount to a predicate felony.
b. Engaging in conduct in a reckless manner.
c. Omission to perform a legal duty
What is the misdemeanor manslaughter rule?
Where death results from the commission or attempted commission of a crime that is not an inherently dangerous felony or a misdemeanor.
What is the difference between purposefully and knowingly (conduct)?
Purposefully refers to the notion that the defendant acted with the intent to cause a result. Knowingly refers to the notion that the defendant acted in a manner which they were aware would possibly cause a certain result.
What is reckless conduct?
Recklessly refers to actions that occur without regard to the consequences. It is conduct where a person is aware or should be aware of the risks associated with their action, but commits the act anyway.
What is extreme indifference to human life?
Extreme indifference to human life is conduct that is so reckless, by acting in this manner you evidence that you do not care about human life. This is a special kind of recklessness.
What is inherently dangerous conduct?
a. Inherently dangerous conduct is that in which there is a high probability that its commission will result in death. The court held that you must look at the offense to determine if, standing alone, that offense is inherently dangerous. You do not take the offense, the conduct, or the outcome together.
At what point does a crime end?
In Mayle, the court held that crime ends when the perpetrators reach a point of safety or they escape successfully. The court stated that whether the robbers were conducting their escape or were moving on to another crime, their activities were a part of one continuous transaction.
What is assault and battery?
An attempt coupled with present ability to commit a battery, or an intentional placing of another in apprehension of a harmful or offensive contact.
What is battery (common law)?
The non-consented touching of another; or any willful and unlawful use of force or violence upon the person of another.

Exceptions:

Consensual touching

Accidental touching

Customary contact
What are the different levels of assault?
Simple Assault

Aggravated Assault
What is common law rape?
A person guilty of this offense:

1. Engages in sexual activity between a male and female

2. Without consent

3. AND with force

In North Carolina, there is no spousal privilege to force sexual intercourse.

A defendant who is less than 12 years old can be charged with common law rape.
What is first-degree rape?
A person guilty of this offense:

1. Has a vaginal intercourse

2. With a person

3. By FORCE

4. AND against that person's will

5. AND the defendant used or displayed a dangerous or deadly weapon; OR inflicted serious personal injury on the victim; OR inflicted serious personal injury on another person; OR was aided and abetted by one or more persons
This one is done with force.
What is second-degree rape?
A person guilty of this offense:

1. Has vaginal intercourse

2. With a person

3. AND the intercourse is by force and against the person's will; OR with someone who is mentally defective; OR mentally incapacitated; OR physically helpless which is (or should be) known by the defendant
A victim who is intoxicated by drugs or alcohol is deemed physically helpless and cannot consent to sexual intercourse.

A victim who is asleep is deemed physically helpless.
What is the age of consent in North Carolina?
The age of consent is 16 years old.
What is first-degree statutory rape?
A person guilty of this offense:

1. Has vaginal intercourse

2. With a child under the age of 13 years

3. Who is at least four years younger than the defendant, AND

4. The defendant is at least 12 years old.
What is the statutory rape of a person who is 13, 14, or 15 years old by a defendant who is more than four but less than six years older than the victim?
A person guilty of this offense:

1. Has vaginal intercourse

2. With a child who is 13, 14, or 15 years old, AND

3. The defendant is more than four but less than six years older than the child.
What is first-degree forcible sexual offense?
A person guilty of this offense:

1. Engages in a sexual act other than vaginal intercourse.

2. With a person

3. By Force AND

4. Against person's will AND

5. The defendant used or displayed a dangerous or deadly weapon; OR inflicted serious personal injury on the victim; OR inflicted serious person injury on another person; OR was aided and abetted by one or more other persons
What is second-degree forcible offense?
A person guilty of this offense:

1. Engages in a sexual act other than vaginal intercourse

2. With a person AND

3. The act is by force and against the person's will; OR with someone who is mentally disabled OR mentally incapacitated OR physically helpless which is (or should be) known by the defendant
What is first-degree statutory sexual offense?
A person guilty of this offense:

1. Engages in a sexual act other than vaginal intercourse

2. With a child under the age of 13 years

3. Who is at least four years younger than the defendant AND

4. The defendant is at least 12 years old.
What is statutory sexual offense against a person who is 13, 14, or 15 years old?
A person guilty of this offense

Engages in a sexual act other than vaginal intercourse

With a child who is 13, 14, or 15 years old, AND

The defendant is at least six years older than the child.
What is statutory sexual offense against a person who is 13, 14, or 15 years old by a defendant who is more than four but less than six years older than the victim?
A person guilty of this offense

Engages in a sexual act other than vaginal intercourse

With a child who is 13, 14, or 15 years old, AND

The defendant is more than four but less than six years older than the child.
What is sexual activity by a substitute parent?
A person guilty of this offense

Assumes the position of a parent in the home of a person less than 18 years old AND

Has a vaginal intercourse or engages in a sexual act

With a person less than 18 years old residing in the home.
What is sexual activity by a custodian?
A person guilty of this offense

Has a custody of the victim or is an agent or employee of a person OR

Has a vaginal intercourse or engages in a sexual act

With the person who is in custody
What are indecent liberties with a child?
A person guilty of this offense

Is at least 16 years old AND

For the purpose of arousing or gratifying sexual desire

Willfully takes or attempts to take an indecent liberty with OR

Willfully commits or attempts to commit a lewd or lascivious act upon the body of

A child under the age of 16 years, AND

The child is five or more years younger than the defendant.
What is adultery?
Any sexual contact involved with another party before the judge’s decree of an official divorce is adultery.

Remember that marriage is also an agreement with the State.
What is kidnapping?
Aggravated false imprisonment

Simple Kidnapping – false imprisonment with intent to cause the victim to be imprisoned secretly within the state.
What is the difference between kidnapping and false imprisonment?
Kidnapping involves the forcible taking of another individual.

Without lawful authority, the use of force to move a person.

The use of force to move a person against their will.
What is first-degree kidnapping?
A person is guilty of this offense:

Confines or restrains or removes from one place to another

A person

Without the person’s consent

For the purpose of
1. Holding the victim as hostage or
2. Holding the victim for ransom or
3. Using the victim as a shield or
4. Facilitating the commission of a felony

(NOTE: In NC, this can occur when someone is left in an unsafe place.)
What is second-degree kidnapping?
It is the same as first-degree except the element that the criminal does not release the victim in a safe place or seriously injures the victim or sexually assaults the victim is not present.
What is burglary?
The unlawful breaking and entering into the dwelling of another at nigh, with the intent to commit a felony or larceny therein.
What are the elements of burglary?
1. Unlawful

2. Breaking AND Entering

3. Into the Dwelling of Another

4. At Night

5. With the intent to commit a felony OR

6. Larceny therein
What is first-degree burglary (in North Carolina)?
Typically under the statute, this deals with the breaking and entering into a residence that is occupied.
What is second-degree burglary (in North Carolina)?
Typically, this deals with breaking and entering of places that are not occupied.
What is breaking out burglary?
Entering a place lawfully and then stay over after the consent period has expired.

It is treated like a breaking but isn’t quite the same thing.
What is arson?
Malicious burning of the dwelling of another.
How is arson classified?
Arson is classified as a felony and can be a predicate offense to make out felony-murder.
What is larceny?
The unlawful taking and carrying away of someone else's personal property with the intent to deprive the possessor of it permanently
What are the elements of larceny?
1. Unlawful

2. Taking and Carrying Away

3. Of Someone Else's Property

4. With the intent to steal OR

5. With the intent to deprive possessor permanently
What type of property is involved with larceny?
Personal Property or chattel is anything that is not classified as real property.

NOTE: Larceny is a possession crime, not a crime against ownership.
(It must have economic value)
What is Doctrine of Recent Possession?
If a person is found in possession of stolen property so soon after the theft that the jury can presume that the individual is the thief.

The purpose of the doctrine is to identify the thief and it presents an evidentiary presumption for jurors in identifying the thief.
How much time has to elapse for the Doctrine of Recent Possession?
It depends on the property that is involved.
What is possession of stolen property?
It does not mean that the person stole it, unless the doctrine of recent possession applies.
What are the elements of possession of stolen property?
1. Possession

2. Of Property

3. That the person knew or should have known

4. Was stolen
What is receipt of stolen property?
Does not mean that the person stole it.
What are the elements of receipt of stolen property?
1. Receipt

2. Of Property

3. That the person knew of should known

4. Was stolen

This is not a continuing offense. You do not need the property with you to be convicted of this crime.
What is embezzlement?
The fraudulent taking of personal property with which one has been entrusted, esp. as a fiduciary. • The criminal intent for embezzlement -- unlike larceny and false pretenses -- arises after taking possession (not before or during the taking).
What is a fiduciary relationship?
A fiduciary relationship is a relationship of trust. In each trust relationship the property is given to this person lawfully.
With respect to embezzlement, what is the rule for a person in a fiduciary relationship?
A person in a fiduciary relationship who receives the property of another, and while in possession of the property of another converts it for their own use or the use of a third party.
What is the key question that distinguishes embezzlement from larceny?
When was the intent to steal (specific intent not necessary for embezzlement) formed?
What is robbery?
The illegal taking of property from the person of another, or in the person's presence, by violence or intimidation; aggravated larceny.
What are the elements of robbery?
1. Unlawful

2. Use of Force OR Threat of Force

3. Strong-arm force OR

4. Deadly force

5. Which causes a person

6. To relinquish possession of their property

7. To another
What is imputability?
To credit to a person or a cause
What is the distinction between presence and possession?
Mere presence standing along does not make a person guilty of that crime. There must be evidence of some conduct that is consistent with becoming a part of the effort.
What are attempts?
The commission of any act which is designed to commit a criminal offense but is unsuccessful.
What is a legal impossibility?
Impossibility due to the fact that what the defendant intended to do is not illegal even though the defendant might have believed that he or she was committing a crime. • A legal impossibility might occur, for example, if a person goes hunting while erroneously believing that it is not hunting season. This type of legal impossibility is a defense to the crimes of attempt, conspiracy, and solicitation.
What is the majority view for legal impossibility?
If the legally completed act is not a crime, then a person could not be guilty of an attempt to commit a crime.
What is the minority view (NC View) for legal impossibility?
If a person commits an act that they think is criminal and they are unsuccessful or if they are successful and it is not a crime, then the person can be found liable for the attempt to commit a crime.
What is a factual impossibility?
Impossibility due to the fact that the illegal act cannot physically be accomplished, such as trying to pick an empty pocket. • Factual impossibility is not a defense to the crime of attempt. -- Also termed physical impossibility
What is NC's view on factual impossibility?
Factual impossibility is never a defense to an attempt in a majority or minority jurisdiction.
What is solicitation?
The criminal offense of urging, advising, commanding, or otherwise inciting another to commit a crime <convicted of solicitation of murder>. • Solicitation is an inchoate offense distinct from the solicited crime. Under the Model Penal Code, a defendant is guilty of solicitation even if the command or urging was not actually communicated to the solicited person, as long as it was designed to be communicated.
What are negative acts?
If a legal duty exists, which requires people to act in a particular way and they fail to act as is required by law, then they can be criminally liable for harm that is caused as a result of their failure.
What is the analysis to determine that a legal duty exists?
i. Is there a legal duty?
ii. Is a person in position to perform the duty?
iii. Did the person fail to perform the duty?
In what instances can a legal duty arise?
i. A legal obligation can arise through a contract.
ii. A legal obligation can also arise when you place a person under your control in a position where they cannot get help from anyone else.
iii. If you have placed them in peril, you have a legal obligation to rescue them from that peril.
iv. In NC, a child who is capable has a legal obligation to care for their parent who is not capable of caring for themselves.
What is a conspiracy?
An agreement by two or more persons to commit an unlawful act, coupled with an intent to achieve the agreement's objective, and (in most states) action or conduct that furthers the agreement; a combination for an unlawful purpose. 18 USCA § 371. • Conspiracy is a separate offense from the crime that is the object of the conspiracy. A conspiracy ends when the unlawful act has been committed or (in some states) when the agreement has been abandoned. A conspiracy does not automatically end if the conspiracy's object is defeated.

Conspiracy is an inchoate crime.

g. Where there is a conspiracy, then every member of the conspiracy is liable for the conduct of the other members in furtherance of the criminal design.
What are the elements of conspiracy?
1. An agreement

2. Between two or more people

3. To commit a crime

At C/L there had to be one act by any one member of the conspiracy that was part of the criminal design.
What is the majority rule for conspiracy?
All that is needed is an agreement to commit a crime.
What is the minority rule for conspiracy?
An act must be in the furtherance of the conspiracy.
What is a hub-and-spoke conspiracy?
A conspiracy in which a single member or group (the "hub") separately agrees with two or more other members or groups (the "spokes"). • The person or group at the hub is the only party liable for all the conspiracies. -- Also termed circle conspiracy; hub-and-spoke conspiracy.
What is a chain conspiracy?
A single conspiracy in which each person is responsible for a distinct act within the overall plan, such as an agreement to produce, import, and distribute narcotics in which each person performs only one function. • All participants are interested in the overall scheme and liable for all other participants' acts in furtherance of that scheme.
With respect to a conspiracy, what if the commission of the crime required as a matter of law the participation of multiple parties, is that a conspiracy?
If the commission of the crime required as a matter of law the participation of multiple parties, then an agreement between those persons would not constitute a criminal offense.
What if the substantive offense is designed to protect a particular party and that protected party is participating in the crime, is there a conspiracy in this instance?
If the substantive offense is designed to protect a particular party and that person who is supposed to be protected is participating in the crime, then there is no conspiracy.
What if the criminal conduct involves business entities?
The business can be held criminally liable if the business has authorized criminal conduct by another.
What is aiding and abetting?
To assist or facilitate the commission of a crime, or to promote its accomplishment. • Aiding and abetting is a crime in most jurisdictions.

This can occur before the fact or at the fact. It cannot occur after the fact.

Every conspirator is an aider and abettor.
What is the general rule for aiding and abetting with respect to liability?
If what happens is the natural and probable consequence (within the scope) of the crime that is being committed then all participants are liable together.
How does a superseding independent act affect the criminal liability of an aider and abettor?
If the initial harm is not life threatening in anyway, and then there was superseding independent act which causes the death. In this situation, the initial person would still be criminally liable for the death or harm that may result.
What is an accessory after the fact?
The individual was not involved in any way in committing the crime.

The person must know that the other person committed a crime.

With the knowledge of the commission of the crime they:
1. Aided the person to escape from detention and apprehension.
2. Helped them to hide out.
What is the issue with respect to causation and criminal liability?
For criminal conduct, or to find a person criminally liable for their conduct, there act need only be a cause of the harm. It need not be the cause of the harm. It does not have to be the proximate cause of the harm.
Under the felony murder rule, if a person dies from the acts of a third party, would the rule apply?
The felony murder rule would not apply if the agency of the death is not connected to what the robbers did. If the death results from the acts of a third party, then the felony murder rule would not apply.

i. EXCEPTION: “Shield Rule”
1. EX - The employee comes from the back of the store and one of the robbers grabs an employee and places them between themselves and the gun. The result is that the person is shot. In this instance, the felony murder rule will apply.
What is mens rea?
The state of mind that the prosecution, to secure a conviction, must prove that a defendant had when committing a crime; criminal intent or recklessness <the mens rea for theft is the intent to deprive the rightful owner of the property>. • Mens rea is the second of two essential elements of every crime at common law, the other being the actus Reus.
What are the four levels of mens rea identified at common law?
1. Specific Intent

2. General Intent

3. Reckless Conduct

4. Negligent Conduct
What are the enumerated felonies in NC?
Burglary

Arson

Rape

Robbery

Kidnapping
What is a larceny by trick?
A fraudulent taking and carrying away of the personal property of another.
What are the elements of larceny by trick?
1. Person through fraud or deceit

2. Induces a person to deliver possession

3. Taking

4. Carrying away

5. Personal property

6. Of another

7. With the intent to steal of permanently deprive
What are the elements for obtaining property by false pretenses?
1. Through fraud or deceit

2. Makes a false representation

3. Of a material present or past fact

4. Which induces a person to deliver title
What constitutes a human being for the purposes of homicide?
The common law provides that a fetus is not a human being until it is born alive.

Therefore, a person is not guilty of criminal homicide if he causes a fetus to be stillborn.
Think about impossibility in this context.
What constitutes the "end of a life" for the purposes of homicide?
At common law, a person is legally dead (and, therefore ceases to be a human being) when there is total stoppage of the circulation of blood and a permanent cessation of the functions of respiration and heart pulsation.
How do you prove the intent to kill element under murder?
Intent is a subjective form of fault.

The law presumes that a person intends that natural and probable consequences of his voluntary acts.
What is imperfect self-defense?
Where one kills with a good faith belief that he is in imminent danger of serious injury or death, but is mistaken.
What is perfect self-defense?
Perfect self-defense arises where one kills in response to an actual or imminent threat of serious injury or death and prohibits criminal liability from attaching.
What is "heat of passion"?
Adequate provocation under the circumstances such that a reasonable person would lose control and lash out, without time to cool off, and that caused the defendant to lose control and lash out.
What are the paradigms for involuntary manslaughter?
1. Reckless conduct resulting in death. Defendant appreciated the risk of the conduct and proceeded anyway.

2. Criminally negligent conduct resulting in death. Conduct that is a gross deviation from the standard of care that a reasonable person would observe under the circumstances.
What was assault at common law?
An attempt to commit a battery or conduct which places a person in fear or apprehension of bodily harm.

Implicit in the common law definition of assault is the attempt.
What is a principal with respect to the parties to a crime?
At common law, a person who participated in a crime was either a principal or actual perpetrator of the crime.
What is a principal in the first degree?
The actual perpetrator of the act, or someone who acts through an innocent agent.
What is a principal in the second degree?
One who is guilty of the crime committed because he aids, counsels, commands, or encourages the actual perpetrator.
What is the modern law approach for identifying principals (parties to a crime)?
At modern law, some states have eliminated the distinction between first and second degree principals.
What is an accessory before the fact?
One who aids counsels, or commands another to commit a criminal act, but is not present at the time such an act is committed, either actually or constructively.

In almost all cases a conviction for conspiracy will be sustained against an accessory before the fact, in addition to conviction for the substantive crime if it is committed.

An accessory before the fact cannot be convicted of a crime which is completely outside the scope of that to which he is an accessory
What is an accessory at the fact?
One who aided or abetted the principal in the commission of the crime and was either present or constructively present

Accessory at the fact is no longer recognized
What is criminal negligence?
Actor should have known of a substantial and unjustifiable risk of which a reasonable person would have been aware.
What is recklessness?
Actor knew of a substantial and unjustifiable risk of harm and takes the risk anyway.
What is corpus delicti?
The body of the crime, refers to proof that the crime has been committed.

ELEMENTS

1. There is a death.
2. Proof that the death was caused by the criminal agency of another. (Direct or Circumstantial Evidence)

Corpus delicti cannot be proved by confession or admission of the defendant alone.
What is indecent exposure?
To engage in sexual activity in a public place.

ELEMENTS

1. Willfully exposes or aids and abets or procures another to expose the private parts of his or her body

2. In a public place

3. In the presence of a person of the opposite sex
What is extortion?
Including blackmail, is either the unlawful extraction of money or other value by means of a threat not sufficient for robbery, or a communication for the purpose of such extraction. It is a felony under modern statutory law.
What are the elements of extortion?
1. The unlawful extraction of money or other value.

2. By means of threat not sufficient to constitute robbery; or

3. A communication for the purpose of such extraction.
What is the retreat doctrine at common law for self-defense?
A person must avoid the use of deadly force when he can do so w/out causing injury to himself.
What is the exception to the retreat doctrine for a person that is in their own home?
Castle Rule- deadly force may by used by a person in his home and those in the home from attack w/ out attempted retreat.
What is are the reasonableness factors for determining self-defense?
Factors to determine reasonableness:

1. physical movements of the potential assailant
2. any relevant knowledge about the assailant
3. physical attributes of the aggressor as well as the defendant (including any weapons or instrumentalities possessed)
4. any prior experiences which could provide a reasonable basis for belief that deadly force was necessary
What is the general rule for self-defense?
One is never permitted to use deadly force to repel a non-deadly attack.
What is general rule for defense of habitat?
A person is privileged to use reasonable force to protect his habitat only when he is present.

The owner/occupier does not have to wait for the harm to be performed in order to determine what reasonable force should be used to protect his habitat.
What is the rule for defense of others?
The use of force to protect a third party from a battery as one would protect one's self.
What was the common law rule for the defense of others?
a person is only privileged to use force to protect close family members.

"Steps into the shoes" - a person is only privileged to use force if the person he is protecting was privileged to use force in protecting himself.
What is the modern law rule for the defense of others?
A person is privileged to protect any person in danger of serious bodily injury or death.

The force used to protect others must be reasonable under the circumstances.
What is the general rule for the defense of property?
No deadly force may be used to protect one's personal property.
Model Penal Code Mens Rea:

What does "purposely" mean?
Evidenced where it is one’s conscious object to engage in conduct of that nature or to cause such a result. A person acts “purposely” under attendant circumstances if he is aware of the existence of such circumstances or he believes or hopes that they exist.
Model Penal Code Mens Rea:

What does "knowingly" mean?
where the defendant is aware that it is practically certain that his conduct will cause such a result.
Model Penal Code Mens Rea:

What does "recklessly" and "negligently" mean?
where one consciously disregards a substantial and unjustified risk or where one should be aware of a substantial and unjustifiable risk.
What is the Wharton Rule?
two persons cannot be prosecuted for a conspiracy if the nature of the crime is such that it requires two persons for its commission. (i.e. It takes two persons to commit the crime of adultery, so the adulterers cannot be prosecuted for conspiracy.)
What is the Rule of Consistency?
Where all alleged co-conspirators but one are acquitted of conspiracy, the remaining alleged co-conspirator may not be convicted of conspiracy. This rule only applies where all parties are tried at the same proceeding.
What is the exception to the Rule of Consistency?
The rule of consistency does not apply to parties tried in Separate trials.
What is the agency rule?
A person is criminally liable for the conduct of another person when acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct.

A principal can be criminally liable for the acts of the agents even if the agent isn’t guilty. (i.e. Mom lets kids eat cookies, and then fails to pay.)
What about the criminal liability of corporations?
i. Corporations have a duty to monitor and inform employees of the regulations that govern them. They also have a duty to ensure that they comply w/ regulations.

At Common Law- a corporation is not indictable, but the particular members are.

At Modern Law - a corporation can be guilty of a true crime. The corporation cannot serve prison time, so corporations are subject to fines and other sanctions.
How is a legal duty to act determined for the purposes of ascertaining negative acts?
1. Statute- Where an enacted statute imposes a duty to care for another.
2. Contractual Relationship- Where one has assumed a duty as consideration for performance of a contract.
3. Voluntary Assumption- Where one voluntarily asserts himself to perform a duty by vocalizing or by some undertaking, there is a duty to act.
4. Creation of Peril- Where one creates a situation that leaves another person in a position of harm where that person can’t save himself, there is a duty imposed upon the actor to save the endangered person.
5. Special Relationships- i.e. A parent/child relationship where a child is in danger or where the child is in need of medical care, imposes a duty upon the parent to take action.
a. Other special relationships- legal custodian/charge, husband/wife, Doctor/patient, etc.
b. Exceptions-
• Good faith belief that a reasonable inactive means of treatment will mitigate harm.
What is abandonment?
To voluntarily relinquish the intent or plan to commit the crime.

An actor can abandon up until the point that he crosses the line b/ween mere preparation and a voluntary act signaling the beginning of the commission of the crime.
What are elements of solicitation?
a. Asking someone to commit a crime
b. The mere asking or advising completes the crime of solicitation.
c. Without an act done in response to the solicitation, the solicitation itself is an act done towards the execution of the evil intent.
d. Solicitation is punishable irrespective of the reaction of the person solicited.
e. It falls short of an attempt.
What is the Substantial Steps Test?
When one purposely does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.
What is impossibility?
At common law, legal impossibility is a defense; factual impossibility is not. Today some jurisdictions no longer recognize legal impossibility as a defense.
What does the preparation of a crime entail?
Preparation for a crime consists in devising or arranging the means or measures necessary for the commission of the offense
What constitutes an act?
i. A voluntary affirmative conduct, with or without intent.
1. Only voluntary acts can be the basis of criminal liability.
ii. There must be a legal definition of the act that defines the crime.
iii. Must be a volitional act of the defendant.
iv. An omission can be an act. Failing to act when required to by law constitutes an act (i.e. failure to file income taxes).
v. Mere presence is not enough to constitute an act unless it is accompanied by other elements.
What is a malum in se crime?
A crime or an act that is inherently immoral, such as murder, arson, or rape. -- Also termed malum per se. Pl. mala in se. Cf. MALUM PROHIBITUM. -- malum in se, adj.
What is a malum prohibitum crime?
An act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral.
What are the elements for an attempt?
a) To prove an attempt to commit a crime, the prosecution must establish:
i. the specific intent to commit the crime;
ii. performance of some substantial act towards its completion; and
iii. failure to consummate its commission (failure to perform)