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42 Cards in this Set

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What are the rules for jxd over a crime?
Generally, a state has jxd over a crime if any act constituting an element of the offense was committed in the state, an act outside the state caused a result in the state, the crime involved the neglect of a duty imposed by the law of the state, there was an attempt or conspiracy outside the state plus an act inside the state, or there was an attempt or conspiracy inside the state to commit an offense outside the state.
What crimes "merge"?
Solicitation + completed crime

Attempt + completed crime

But not conspiracy + completed crime.
What is the double jeopardy rule?
Double jeopardy prohibits trial or conviction of a person for a lesser included offene if he has been put in jeopardy for the greater offense. However,a court can impose multiple punishments at a single trial where the punishments are for 2 or more statutorily defined offenses specifically intended by the legislature to carry separate punishments, even though the offenses arise from the same transaction and constitute the same crime.
When does failure to act give rise to liability?
only if:
(i) There is a specific duty to act imposed by law
(ii) The defendant has knowledge of the facts giving rise to the duty to act; and
(iii) It is reasonably possible to perform the duty.
Examples where duty arises: statute, contract, relationship [parent-child/ spouses], voluntarily assuming a duty of care by the defendant for the victim, or the creation of peril for the victim by the defendant.
What are the specific intent crimes?
a. solicitation: intent to have the person solicited commit the crime
b. attempt: intent to complete the crime
c. conspiracy : intent to have the crime completed
d.First degree premeditated murder: Premeditation
e. Assault: Intent to commit a battery
f. Larceny/robbery: Intent to permanently deprive the other of his interest in the property taken
g. Burglary: intent to commit a felony in the dwelling.
h. forgery: intent to defraud
i: False pretenses: intent to defraud
j: embezzlement: intent to defraud.
WHat is the level of intent for arson and murder?
Malice. The intent necessary for malice crimes is not as restrictive for specific intent crimes. It requires only a reckless disregard of an obvious or high risk that the particular harmful result will occur. Defenses to specific intent crimes (voluntary intoxication) do not apply to malice crimes.
What is general intent?
General intent is an awareness of all factors constituting the crime, ie, the defendant must be aware that she is acting in the proscribed way and that any required attendant circumstances exist. The D need not be certain that all the circumstances exist, it is sufficient that she is aware of a high likelihood that htey will occur.
To what does the doctrine of transferred intent apply?
The D can be liable under the doctrine of transferred intent where she intends the harm that is actually caused, but to a different victim or object. Defenses and mitigating circumstances may also usually be transferred. The doctrine of transferred intent applies to homicide, battery, and arson. IT does not apply to attempt.
What is the type of strict liability offenses?
Strict liability offenses are administrative, regulatory, or deal with morality. Typically, a statute with no adverbs.
Example: speeding, statutory rape, selling liquor to minors, and bigamy (some jxd)
When/what is an accomplice liable for?

Who is an accomplice?
A person actively involved in committing a crime is liable for the crime itself and all other foreseeable crimes. (can be liable for the crimes of his partner)

An accomplice is someone who is actively aiding, abetting , or counseling a crime.
When can an accomplice "withdraw" from a crime?
A person who effectively withdraws from a crime before it is committed cannot be held guilty as an accomplice. Withdrawal must occur before the crime becomes unstoppable.
(i) Repudiation is sufficient withdrawal for mere encouragement
(ii) attempt to neutralize assistance is required if participation went beyond mere encouragement.
Notifying police or taking other action to prevent the crime is also sufficient.
What is solicitation?
Solicitation consists of inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime. It is not necessary that the person solicited respond affirmatively.

If the person solicited commits the crime solicited, both that person and the solicitor can be held liable for that crime. If the person solicited commits acts sufficient to be liable for attempt, both parties can be liable for attempt. IF the person solicited agrees to committ the crime, but does not even commit acts sufficient for attempt, both parties can be held liable for conspiracy.
What is conspiracy?
A conspiracy requires an agreement between 2 or more persons, an intent to enter into the agreement, and an intent by at least 2 persons to achieve the objective of the agreement. A majority of states now also require an overt act , but an act of mere preparation will suffice.
When is a defendant liable for co-conspirators' crimes?
A conspirator may be held liable for crimes committed by other conspirators if the crimes were committed in furtherance of the objectives of the conspiracy and were foreseeable.
How does one withdraw from a conspiracy?
Generally, withdrawal from the conspiracy is not a defense to the conspiracy, because the conspiracy is complete as soon as the agreement is made an an act in furtherance is performed. Withdrawal may be a defense to crimes committed in furtherance of the conspiracy, including the substantive traget crime of conspiracy.

TO withdraw, a conspirator must perform an affirmative act that notifies all members of the conspiracy of her withdrawal. Notice must be given in time for the members to abandon their plans. If she has also provided assistance as an accomplice, she must try to neutralize the assistance.
What is attempt?
Attempt is an act, done with intent to commit a crime, that falls short of completing the crime. To be guilty of attempt, the D must intend to perform an act and obtain a result that, if achieved, would constitute a crime. The act must be more than mere preparation.
What are the key words for the various tests for insanity defense?
M'Naghten - D doesn't know right from wrong.
Irresistible impulse - an impulse the D cannot resist;
Durham-but for the mental illness, the D would not have done the act.
ALI or MPC -- combination of M'Nagten and iressitible impulse.
When is VOLUNTARY intoxication a defense?
Evidence of "voluntary" intoxication may be offered by D only if the crime requires purpose or knowledge, and the intoxication prevented the D from formulating the purpose or obtaining the knowledge required for the crime. Thus, it is a good defense to specific intent crimes.
When is involuntary intoxication a defense?
Intoxication is involuntary only if it results from the taking of an intoxicating substance w/out knowledge of its nature, under direct duress imposed by another, or pursuant to medical adive while unaware of the substance's intoxicating effect. Involuntary intoxication may be treated as a mental illness, and the D is entitled to acquittal if she meets the jxd's insanity test.
What are the criminal liability rules for infants?
At common law, there could be no liability for an act committed by a child under age 7. For acts committed by a child between ages 7 and 14, there was a rebuttable presumption that the child was unable to understand the wrongfulness of his acts. Children 14 and over were treated as adults.
What are the rules for self defense?
1. non-deadly force: A person w/out fault may use such force as reasonably appears necessary to protect herself from the imminient use of unlawful force upon her self. THere is no duty to retreat.

Deadly force: A person may use deadly force in self defense if 1. she is w/out fault 2. she is confronted with unlawful force" and 3. she is threatened w/ imminent death or great bodily harm.
Generally, there is no duty to retreat before using deadly force. The minoirty view requires retreat before using deadly force if the victim can safely do so.

No deadly force for merely protecting property.
When is duress a defense to a crime?
Duress is a defense to a crime other than a homicide that the D reasonably believed that another person would imminently inflict death or geat bodily harm upon him or a member of his family if he did not commit the crime.
When is Mistake or ignorance of fact a defense to a crime?
Mistake or ignorance of fact is relevant to criminal liability only if it shows that the defendant lacked the state of mind required for the crim; thus, it is irrelevant if the crime imposes strict liability. Such a mistake need not be reasonable for a specific intent crime; however, if it is offered to disprove any other state of mind, it must have been a reasonable mistake or ignorance of fact.
When is consent a defense?
Consent is almost never a defense, except where the crime requires the lack of consent of the victim (rape). consent is a defense to minor assaults or batteries if there is no danger of serious bodily injury. Whenever consent may be a defense, it must be established that : 1. Consent was voluntarily and freely given; 2. the party was legally capable of consenting , and no fraud was involved in obtaining the consent.
When is entrapment a defense?
Entrapment exists only if 1. the criminal design originated w/ law enforcement officers and 2. the Defendant was not predisposed to commit the crime prior to contact by the government.
What is battery?
Battery is an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.
What is Assault?
Assault is either (i) an attempt to commit a battery [specific intent crime] or (ii) the intentional creation--other than by mere words-- of a reasonable apprehension in the mind of the vitctim of imminent bodily harm [general intent crime].
What is murder?
Murder is the unlawful killing of a human being w/ malice aforethought. Malice aforethough exists if there are no facts reducing the killing to voluntary manslaughter or excusing it, and it was committed w/ one of the follwing states of mind:
1. Intent to kill 2. Intent to inflict great bodily injury 3. Reckless indifference to an unjustifiably high risk to human life or
4. Intent to commit a felony.
What is voluntary manslaughter?
Voluntary manslaughter is a killing that would be murder but for the existence of adequate provocation. Provocation is adequate only if : (i) It was a provocation what would arouse sudden and intense passion in the mind of an ordinary person, causing him to lose self-control (ii) the D was in fact provoked (iii) There was not sufficient time between provocation and killing for passions of a reasonable person to cool; and (iv) The D in fact did not cool off between the provocation and the killing.
What is involuntary manslaughter?
A killing is involuntry manslaughter if it was committed w/ criminal negligence (gross negligence)or during the commission of an unlawful act (Misdemeanor or felony not included w/in felony murder rule).
What is felony murder?
Felony murder is a first degree murder. Any death caused in the commission of, or in an attempt to commit, a felony is murder. Malice is implied from the intent to commit the underlying felony. The felony murder doctrine is limited to felonies that are inherently dangerous.

A defense to the underlying offense, ie, robbery, is a defense also to felony murder.
What is rape?
Rape is the unlawful carnal knowledge of a woman by a man, not her husband, without her effective consent. The slightest penetration is sufficient. Most states have rejected the "by a man not her husband" aspect.
When is there a "lack of effective consent" for rape?
(i) Intercourse is accomplished by actual force
(ii) Intercourse is accomplished by threats of great and immediate bodily harm.
(iii) The victim is incapable of consenting, or
(iv) the victime is fraudulently caused to believe that the act is not intercourse.
What is statutory rape?
Statutory rape is carnal knowledge of a female under the age of consent. This is a strict liability offense.
What is larceny?
Larceny consists of:
1. A taking
2. and carrying away
3. Of tangible personal property
4. Of another with possession
5. by trespass (w/out consent /induced by fraud)
6. WIth the intent to permanently deprive that person of her interest in the property.
What is embezzlement?
Embezzlement is:
1. The fraudulent
2. Conversion
3. of personal property
4. of another
5. By a person in lawful possession of that property.
What is the offense of false pretenses?
The offense of false pretenses is :
1. Obtaining title
2. To personal property of another
3. BY an intentional false statement of past or existing fact
4. WIth the intent to defraud another.
What is robbery?
1. A taking
2. Of personal property of another
3. From the other's person or presence
4. By force or threats of immediate death or physical injury
5. WIth the intent to permanently deprive him of it.
What is extortion?
Common law extortion consists of the corrupt collection of an unlawful fee by an officer under color of office. Under modern statutes, extortion often consists of obtaining property by means of threats to do harm or to expose information.
What is burglary?
Common law burglary consists of:
1. A breaking (creating or enlarging an opening by at least minimal force, fraud, or inimidation.
2. And entry into (of body or instrument into the structure)
3. a dwelling
4. of another (other than D)
5. At nighttime
6. With the intent to commit a felony in the structure at the time of entry.

Modern view -- eliminates the requirement of "nightime" and 'breaking, and "felony".
What is arson?
At common law, arson consists of:
1. The malicious
2. Burning
3. OF the dwelling,
4. of another.
When does a defendant hve the right to usedeadly force in self-defense?
Deadly force may be used when a defendant is 1. without fault 2. confronted with unlawful force and 3. threatened with imminent death or great bodily harm.