Criminal Law (Mbe)

Front 1

MURDER

This is the ________ killing of a human being w/ _________ __________.

Malice aforethought exists if there are no facts to _______ the homicide or reduce it to VOLUNTARY MANSLAUGHTER, and D has:

(1) Intent to ______;

(2) Intent to inflict great ________ ________;

(3) Awareness of an ___________ high _______ to human life; or

(4) Intent to _______ a __________.

Back 1

MURDER

This is the UNLAWFUL killing of a human being w/ MALICE AFORETHOUGHT.

Malice aforethought exists if there are no facts to EXCUSE the homicide or reduce it to VOLUNTARY MANSLAUGHTER, and D has:

(1) Intent to KILL;

(2) Intent to inflict great BODILY INJURY;

(3) Awareness of an UNJUSTIFIABLY high RISK to human life; or

(4) Intent to COMMIT a FELONY.

Front 2

One may infer an _______ to kill from intentional use of a _______ _________.

Back 2

One may infer an INTENT to kill from intentional use of a DEADLY WEAPON.

Front 3

VOLUNTARY MANSLAUGHTER

This is a killing that would be MURDER but for the existence of __________ _________.

Provocation is adequate ONLY if:

(1) It would arouse _______ and _________ PASSION that would cause a ________ ________ to lose _________;

(2) D was IN FACT __________;

(3) There was NOT ________ TIME between provocation and killing for passions of a reasonable person to cool; and

(4) D in fact did _____ cool off between the provocation and the killing.

Back 3

VOLUNTARY MANSLAUGHTER

This is a killing that would be MURDER but for the existence of ADEQUATE PROVOCATION.

Provocation is adequate ONLY if:

(1) It would arouse SUDDEN and INTENSE PASSION that would cause a REASONABLE PERSON to lose CONTROL;

(2) D was IN FACT PROVOKED;

(3) There was NOT SUFFICIENT TIME between provocation and killing for passions of a reasonable person to cool; and

(4) D in fact did NOT cool off between the provocation and the killing.

Front 4

NOTE: "Heat of passion" is no ________ to a killing, although it may ________ the killing from murder to manslaughter.

Back 4

NOTE: "Heat of passion" is no DEFENSE to a killing, although it may REDUCE the killing from murder to manslaughter.

Front 5

"IMPERFECT SELF-DEFENSE" DOCTRINE

Reduces ________ to manslaughter EVEN THOUGH:

(1) D is AT ________ in starting the altercation; or

(2) D _________ but honestly believes it is necessary to respond w/ _________ force (ie. D's actions do NOT qualify for self-defense).

Back 5

"IMPERFECT SELF-DEFENSE" DOCTRINE

Reduces MURDER to manslaughter EVEN THOUGH:

(1) D is AT FAULT in starting the altercation; or

(2) D UNREASONABLY but honestly believes it is necessary to respond w/ DEADLY force (ie. D's actions do NOT qualify for self-defense).

Some states recognize this doctrine.

Front 6

INVOLUNTARY MANSLAUGHTER

This is a killing committed w/:

(1) _________ __________ (D was GROSSLY negligent); or

(2) During the __________ of an __________ ACT (misdemeanor or felony not enumerated in felony murder rule).

Back 6

INVOLUNTARY MANSLAUGHTER

This is a killing committed w/:

(1) CRIMINAL NEGLIGENCE (D was GROSSLY negligent); or

(2) During the COMMISSION of an UNLAWFUL ACT (misdemeanor or unenumerated felony).

Front 7

Murder does NOT require an _______ to kill; an awareness of an ___________ high risk to ________ life will suffice.

NOTE: ATTEMPTED murder, however, is a _________ _______ crime and DOES require an intent to kill.

Back 7

Murder does NOT require an INTENT to kill; an awareness of an UNJUSTIFIABLY high risk to HUMAN life will suffice.

NOTE: ATTEMPTED murder, however, is a SPECIFIC INTENT crime and DOES require an intent to kill.

Front 8

ATTEMPT requires an act beyond MERE _________ for the offense.

Back 8

ATTEMPT requires an act beyond MERE PREPARATION for the offense.

Front 9

VOLUNTARY MANSLAUGHTER

One type of adequate provocation is exposure to a THREAT of ________ ________.

Back 9

VOLUNTARY MANSLAUGHTER

One type of adequate provocation is exposure to a THREAT of DEADLY FORCE.

Front 10

NOTE: One can be guilty of criminal homicide even w/o ________ harm!

Back 10

NOTE: One can be guilty of criminal homicide even w/o INTENDING harm!

Ex. Jake can be guilty if he is aware of an unjustifiably high risk to human life, or he can be guilty of involuntary manslaughter if his act constitutes criminal negligence.

Front 11

Mere negligence requires a failure to be aware of a __________ and __________ risk and a failure to act as a __________ PERSON would under the circumstances.

Back 11

Mere negligence requires a failure to be aware of a SUBSTANTIAL and UNJUSTIFIABLE risk and a failure to act as a REASONABLE PERSON would under the circumstances.

Front 12

DEADLY FORCE

The use of deadly force in self-defense requires that D _________ __________ that he is faced w/ _________ DEATH or ________ _________ HARM.

NOTE: There is no right to use deadly force if harm is merely ___________ at a future time.

Back 12

DEADLY FORCE

The use of deadly force in self-defense requires that D REASONABLY BELIEVE that he is faced w/ IMMINENT DEATH or GREAT BODILY HARM.

NOTE: There is no right to use deadly force if harm is merely THREATENED at a future time.

Front 13

To be guilty of murder, D's action must be BOTH the ________ IN _______ and ________ CAUSE of the victim's death.

CAUSE IN FACT
D's conduct is the cause in fact of the result if it would _____ have occurred ____ ______ D's conduct.

PROXIMATE CAUSE
A D's conduct is the proximate cause of the result if it is a ________ and _________ ___________ of the conduct, EVEN IF D did NOT ________ the precise manner in which the result occurred.

Back 13

To be guilty of murder, D's action must be BOTH the CAUSE IN FACT and PROXIMATE CAUSE of the victim's death.

CAUSE IN FACT
D's conduct is the cause in fact of the result if it would NOT have occurred BUT FOR D's conduct.

PROXIMATE CAUSE
A D's conduct is the proximate cause of the result if it is a NATURAL and PROBABLE CONSEQUENCE of the conduct, EVEN IF D did NOT ANTICIPATE the precise manner in which the result occurred.

Front 14

FELONY MURDER

Any death caused in the _________ OF, or in an _______ TO COMMIT, a _________.

NOTE: This doctrine is limited to felonies that are __________ ___________.

Back 14

FELONY MURDER

Any death caused in the COMMISSION OF, or in an ATTEMPT TO COMMIT, a FELONY.

NOTE: This doctrine is limited to felonies that are INHERENTLY DANGEROUS.

Front 15

LIMITATIONS ON LIABILITY FOR FELONY MURDER

(1) D must be GUILTY of the __________ felony;

(2) The felony must be _______ from the killing itself;

(3) Death MUST have been a ____________ RESULT of the felony;

(4) The death MUST have been caused BEFORE the D's _________ _________ from the felony ended;

(5) D is ____ liable when a _________ is killed as a result of resistance from the felony ________ or the ________;

(6) D is ____ liable when an _________ PARTY is killed UNLESS the death is caused by _____ or his _______.

Back 15

LIMITATIONS ON LIABILITY FOR FELONY MURDER

(1) D must be GUILTY of the UNDERLYING felony;

(2) The felony must be DISTINCT from the killing itself;

(3) Death MUST have been a FORESEEABLE RESULT of the felony;

(4) The death MUST have been caused BEFORE the D's "IMMEDIATE FLIGHT" from the felony ended;

(5) D is NOT liable when a CO-FELON is killed as a result of resistance from the felony VICTIM or the POLICE;

(6) D is NOT liable when an INNOCENT PARTY is killed UNLESS the death is caused by D or his AGENT.

Front 16

FALSE IMPRISONMENT



UNLAWFUL ___________ of a person WITHOUT his VALID _________.

Back 16

FALSE IMPRISONMENT



UNLAWFUL CONFINEMENT of a person WITHOUT his VALID CONSENT.

Front 17

KIDNAPPING

This is _________ _________ of a person involving:

(1) Some _________ of the victim; or

(2) __________ of the victim in a "secret" place.

Back 17

KIDNAPPING

This is UNLAWFUL CONFINEMENT of a person involving:

(1) Some MOVEMENT of the victim; or

(2) CONCEALMENT of the victim in a "secret" place.

Front 18

RAPE

This is the UNLAWFUL ________ _________ of a woman by a man, NOT her ________, w/o her _________.

Back 18

RAPE

This is the UNLAWFUL CARNAL KNOWLEDGE of a woman by a man, NOT her HUSBAND, w/o her CONSENT.

Front 19

RAPE--LACK OF EFFECTIVE CONSENT

This exists where:

(1) Intercourse is accomplished by _______ FORCE + _______ of great and __________ BODILY HARM; and

(2) The victim is INCAPABLE of _________ due to unconsciousness, intoxication, or mental condition; or is __________ CAUSED TO BELIEVE that the act is _____ intercourse.

Back 19

RAPE--LACK OF EFFECTIVE CONSENT

This exists where:

(1) Intercourse is accomplished by ACTUAL FORCE + THREATS of great and IMMEDIATE BODILY HARM; and

(2) The victim is INCAPABLE of CONSENTING due to unconsciousness, intoxication, or mental condition; or is FRAUDULENTLY CAUSED TO BELIEVE that the act is NOT intercourse.

Front 20

LARCENY

(1) _________ (obtaining ________); and

(2) __________ ______ (asportation);

(3) Of _________ ________ PROPERTY;

(4) Of ________ w/ possession;

(5) By ________ (w/o consent or consent induced by ______);

(6) W/ _______ to _________ DEPRIVE that person of her _______ in the property.

Back 20

LARCENY

(1) TAKING (obtaining CONTROL); and

(2) CARRYING AWAY (asportation);

(3) Of TANGIBLE PERSONAL PROPERTY;

(4) Of ANOTHER w/ possession;

(5) By TRESPASS (w/o consent or consent induced by FRAUD);

(6) W/ INTENT to PERMANENTLY DEPRIVE that person of her INTEREST in the property.

Front 21

EMBEZZLEMENT

This consists of:

(1) The _________;

(2) ________ (ie. dealing w/ property in a manner inconsistent w/ the arrangement by which D has possession);

(3) Of ________ PROPERTY;

(4) Of _________;

(5) By a person in ________ __________ of that property.

Back 21

EMBEZZLEMENT

This consists of:

(1) The FRAUDULENT;

(2) CONVERSION (ie. dealing w/ property in a manner inconsistent w/ the arrangement by which D has possession);

(3) Of PERSONAL PROPERTY;

(4) Of ANOTHER;

(5) By a person in LAWFUL POSSESSION of that property.

Front 22

FALSE PRETENSES

This consists of:

(1) Obtaining ________;

(2) To _________ PROPERTY of _________;

(3) By making an INTENTIONAL ________ _________ of past or existing fact;

(4) W/ ______ to ________ the other.

Back 22

FALSE PRETENSES

This consists of:

(1) Obtaining TITLE;

(2) To PERSONAL PROPERTY of ANOTHER;

(3) By making an INTENTIONAL FALSE STATEMENT of past or existing fact;

(4) W/ INTENT to DEFRAUD the other.

Front 23

ROBBERY

This consists of:

(1) A ________;

(2) Of _________ _________ of ANOTHER;

(3) From the other's ________ or __________;

(4) By ________ or THREATS OF __________ _________ or PHYSICAL INJURY to the victim;

(5) W/ _______ to _________ DEPRIVE him of it.

Back 23

ROBBERY

This consists of:

(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 to the victim;

(5) W/ INTENT to PERMANENTLY DEPRIVE him of it.

Front 24

ROBBERY VS. LARCENY

Robbery differs from larceny b/c it requires that D use ______ or _______ to obtain the victim's property.

Back 24

ROBBERY VS. LARCENY

Robbery differs from larceny b/c it requires that D use FORCE or THREATS to obtain the victim's property.

Front 25

ROBBERY VS. EXTORTION

Extortion differs from robbery b/c in extortion the threats may be of _______ HARM and the taking does _____ have to be in the _______ of the victim.

Back 25

ROBBERY VS. EXTORTION

Extortion differs from robbery b/c in extortion the threats may be of FUTURE HARM and the taking does NOT have to be in the PRESENCE of the victim.

Front 26

RECEIPT OF STOLEN PROPERTY

This consists of:

(1) Receiving ________ and _________;

(2) Of _________ PERSONAL PROPERTY;

(3) ________ to have been obtained in a manner constituting a _________ OFFENSE;

(4) By _______ PERSON;

(5) W/ the ______ to ________ DEPRIVE the owner of his interest in it.

Back 26

RECEIPT OF STOLEN PROPERTY

This consists of:

(1) Receiving POSSESSION and CONTROL;

(2) Of STOLEN PERSONAL PROPERTY;

(3) KNOWN to have been obtained in a manner constituting a CRIMINAL OFFENSE;

(4) By ANOTHER PERSON;

(5) W/ the INTENT to PERMANENTLY DEPRIVE the owner of his interest in it.

Front 27

FORGERY

This consists of:

(1) _________ or _________ (by drafting, adding, or deleting);

(2) A _________ w/ apparent legal significance;

(3) So that it is ______;

(4) W/ ______ to _______.

Back 27

FORGERY

This consists of:

(1) MAKING or ALTERING (by drafting, adding, or deleting);

(2) A WRITING w/ apparent legal significance;

(3) So that it is FALSE;

(4) W/ INTENT to DEFRAUD.

Front 28

Taking and asportation of property from possession of another

-W/o consent or w/ consent obtained by fraud

-W/ intent to steal

Back 28

LARCENY-->

Taking and asportation of property from possession of another

-W/o consent or w/ consent obtained by fraud

-W/ intent to steal

NOTE: Title does NOT pass!

Front 29

Conversion of property held pursuant to a trust agreement

-Use of property in a way inconsistent w/ terms of trust

-W/ intent to defraud

-Title does NOT pass

Back 29

EMBEZZLEMENT-->

Conversion of property held pursuant to a trust agreement

-Use of property in a way inconsistent w/ terms of trust

-W/ intent to defraud

-Title does NOT pass

Front 30

Obtaining TITLE to property

- By use of fraudulent misrepresentation inducing consent

- W/ intent to defraud

NOTE: Title passes!

Back 30

FALSE PRETENSES-->

Obtaining TITLE to property

- By use of fraudulent misrepresentation inducing consent

- W/ intent to defraud

NOTE: Title passes!

Front 31

Taking of property from another's presence

-By force or threat of force

-W/ intent to steal

-Title does NOT pass

Back 31

ROBBERY-->

Taking of property from another's presence

-By force or threat of force

-W/ intent to steal

-Title does NOT pass

Front 32

BURGLARY

(1) A ________ and _____;

(2) Of a _________;

(3) Of _________;

(4) At __________;

(5) W/ ______ to COMMIT a ______ in the structure.

NOTE: The intent to commit a felony MUST be present AT THE TIME OF _______!

Back 32

BURGLARY

(1) A BREAKING and ENTRY;

(2) Of a DWELLING;

(3) Of ANOTHER;

(4) At NIGHT;

(5) W/ INTENT to COMMIT a FELONY in the structure.

NOTE: The intent to commit a felony MUST be present AT THE TIME OF ENTRY!

Front 33

PERJURY

__________ taking of a FALSE ______ in regard to a ________ MATTER (ie. one that might affect the outcome of the proceeding) in a ________ proceeding.

Back 33

PERJURY

INTENTIONAL taking of a FALSE OATH in regard to a MATERIAL MATTER (ie. one that might affect the outcome of the proceeding) in a JUDICIAL proceeding.

Front 34

SUBORNATION OF PERJURY

This is PROCURING or ________ another to commit perjury.

Back 34

SUBORNATION OF PERJURY

This is PROCURING or INDUCING another to commit perjury.

Front 35

NONDEADLY FORCE may be used if __________ _____________ to avoid _________ INJURY or to retain property.

DEADLY FORCE may be used ______ to prevent SERIOUS ________ HARM.

Back 35

NONDEADLY FORCE may be used if REASONABLY NECESSARY to avoid IMMINENT INJURY or to retain property.

DEADLY FORCE may be used ONLY to prevent SERIOUS BODILY HARM.

Front 36

ENTRAPMENT

This occurs when criminal design __________ w/ the police and D is NOT _________ to commit the crime ________ contact w/ police.

Back 36

ENTRAPMENT

This occurs when criminal design ORIGINATES w/ the police and D is NOT PREDISPOSED to commit the crime BEFORE contact w/ police.

Front 37

CONSENT

Whenever consent may be a defense, it MUST be established that:

(1) The consent was ________ and _______ given;

(2) The party was ________ _________ of consenting; and

(3) NO ______ was involved in obtaining the consent.

Back 37

CONSENT

Whenever consent may be a defense, it MUST be established that:

(1) The consent was VOLUNTARILY and FREELY given;

(2) The party was LEGALLY CAPABLE of consenting; and

(3) NO FRAUD was involved in obtaining the consent.

Front 38

INSANITY - M'NAGHTEN RULE

Under this test, when is D entitled to acquittal by reason of insanity?

When D does NOT know _____ from ______ or UNDERSTAND the ______ and ________ of his actions.

Back 38

INSANITY - M'NAGHTEN RULE

Under this test, when is D entitled to acquittal by reason of insanity?

When D does NOT know RIGHT from WRONG or UNDERSTAND the NATURE and QUALITY of his actions.

Front 39

INSANITY - IRRESISTIBLE IMPULSE TEST

Under this test, when is D entitled to acquittal by reason of insanity?

ONLY IF, b/c of mental illness, D is _____ to CONTROL his ACTIONS or CONFORM his _________ to the law.

Back 39

INSANITY - IRRESISTIBLE IMPULSE TEST

Under this test, when is D entitled to acquittal by reason of insanity?

ONLY IF, b/c of mental illness, D is UNABLE to CONTROL his ACTIONS or CONFORM his CONDUCT to the law.

Front 40

INSANITY - DURHAM TEST

Under this test, when is D entitled to acquittal by reason of insanity?

If the crime would _____ have been committed BUT FOR D's _______ ILLNESS.

Back 40

INSANITY - DURHAM TEST

Under this test, when is D entitled to acquittal by reason of insanity?

If the crime would NOT have been committed BUT FOR D's MENTAL ILLNESS.

Front 41

INSANITY-ALI OR MPC TEST

This is a combination of the M'Naghten and irresistible impulse tests.

D is entitled to acquittal if he lacked capacity to either:

(1) Appreciate the _______ of his conduct; or

(2) ________ his conduct to the law.

Back 41

INSANITY-ALI OR MPC TEST

This is a combination of the M'Naghten and irresistible impulse tests.

D is entitled to acquittal if he lacked capacity to either:

(1) Appreciate the CRIMINALITY of his conduct; or

(2) CONFORM his conduct to the law.

Front 42

CONSPIRACY--NO MERGER

D can be convicted of BOTH conspiracy and the _________ CRIME.

Back 42

CONSPIRACY--NO MERGER

D can be convicted of BOTH conspiracy and the COMPLETED CRIME.

Front 43

MERGER?

There IS merger for:

-__________; and

-__________; but NOT for

-___________.

Back 43

MERGER?

There IS merger for:

-SOLICITATION; and

-ATTEMPT; but NOT for

-CONSPIRACY.

Front 44

Is CONSPIRACY a specific intent crime?

Back 44

YES!

CONSPIRACY is a specific intent crime!

Front 45

CONSPIRACY

A conspirator may be held liable for crimes committed by other conspirators if the crimes were:

(1) Committed ____ __________ of the conspiracy; and

(2) __________.

Back 45

CONSPIRACY

A conspirator may be held liable for crimes committed by other conspirators if the crimes were:

(1) Committed IN FURTHERANCE of the conspiracy; and

(2) FORESEEABLE.

Front 46

CONSPIRACY---DEFENSES

-Is IMPOSSIBILITY a defense to conspiracy?

-Is WITHDRAWAL a defense to conspiracy itself?

NOTE: Withdrawal MAY be a defense to CRIMES COMMITTED ____ ___________ of the conspiracy.

Back 46

CONSPIRACY---DEFENSES

-NO! IMPOSSIBILITY is NOT a defense to conspiracy!

-NO! WITHDRAWAL is NOT a defense to conspiracy itself!

NOTE: Withdrawal MAY be a defense to CRIMES COMMITTED IN FUTHERANCE of the conspiracy.

Front 47

CONSPIRACY

A conspiracy is complete upon an _________ w/ the requisite _________ and an _______ ACT.

NOTE: The overt act can be a ___________ act!

Back 47

CONSPIRACY

A conspiracy is complete upon an AGREEMENT w/ the requisite INTENT and an OVERT ACT.

NOTE: The overt act can be a PREPARATORY act!

Front 48

MENTAL STATE--SPECIFIC INTENT

CONSPIRACY is a specific intent crime.

Parties must have:

(1) Intent to _______; and

(2) Intent to ________ the OBJECTIVE of the conspiracy.

Back 48

MENTAL STATE--SPECIFIC INTENT

CONSPIRACY is a specific intent crime.

Parties must have:

(1) Intent to AGREE; and

(2) Intent to ACHIEVE the OBJECTIVE of the conspiracy.

Front 49

ATTEMPT

D must commit an act ________ MERE ___________ for the offense.

Is ABANDONMENT a defense to ATTEMPT?

Back 49

ATTEMPT

D must commit an act BEYOND MERE PREPARATION for the offense.

ABANDONMENT a NOT a defense to ATTEMPT!

Front 50

EMBEZZLEMENT - D misappropriates property while it is in his _________ POSSESSION.

LARCENY - D misappropriates property _____ in his possession.

Back 50

EMBEZZLEMENT - D misappropriates property while it is in his RIGHTFUL POSSESSION.

LARCENY - D misappropriates property NOT in his possession.

Front 51

This is usually raised as a defense to a crime that HAS BEEN COMPLETED.

Back 51

MISTAKE: This is usually raised as a defense to a crime that HAS BEEN COMPLETED.

Front 52

Arises only when D FAILS to complete the crime.

Back 52

IMPOSSIBILITY: Arises only when D FAILS to complete the crime.

Front 53

Is FACTUAL IMPOSSIBILITY a defense to ATTEMPT?

Back 53

No!---FACTUAL IMPOSSIBILITY is NOT a defense to ATTEMPT!

Front 54

A person who knows that another has committed a felony and assists him in escaping arrest or punishment.

Back 54

ACCESSORY AFTER THE FACT: A person who knows that another has committed a felony and assists him in escaping arrest or punishment.

NOTE: Cannot be a CLOSE FAMILY MEMBER of the felon!

Front 55

A person who assisted or encouraged but was NOT present.

Back 55

ACCESSORY BEFORE THE FACT: A person who assisted or encouraged but was NOT present.

Front 56

Person who aids, commands, or encourages the principal and is PRESENT at the crime.

Back 56

PRINCIPAL IN THE SECOND DEGREE: Person who aids, commands, or encourages the principal and is PRESENT at the crime.

Front 57

This is a person who ACTUALLY ENGAGED IN THE ACT or omission that constitutes the offense.

Back 57

PRINCIPAL IN THE FIRST DEGREE: This is a person who ACTUALLY ENGAGED IN THE ACT or omission that constitutes the offense.

Front 58

An offense for which a person w/o personal fault may nevertheless be held liable for the criminal conduct of another (usually an employee).

Back 58

VICARIOUS LIABILITY OFFENSE: An offense for which a person w/o personal fault may nevertheless be held liable for the criminal conduct of another (usually an employee).

Front 59

CATEGORY OF INTENT--NEGLIGENCE

A person acts negligently when he _______ to be _______ of a ________ and __________ risk, where such failure is a ___________ DEVIATION from the standard of care.

Back 59

CATEGORY OF INTENT--NEGLIGENCE

A person acts negligently when he FAILS to be AWARE of a SUBSTANTIAL and UNJUSTIFIABLE risk, where such failure is a SUBSTANTIAL DEVIATION from the standard of care.

Front 60

CATEGORY OF INTENT--RECKLESSLY

A person acts recklessly when he ________ of a ________ and _________ risk and __________ __________ it.

Back 60

CATEGORY OF INTENT--RECKLESSLY

A person acts recklessly when he KNOWS of a SUBSTANTIAL and UNJUSTIFIABLE risk and CONSCIOUSLY DISREGARDS it.

Front 61

CATEGORY OF INTENT--KNOWINGLY

When a person is _________ that his conduct is of a particular nature or __________ that his conduct will necessarily or very likely cause a particular result.

Back 61

CATEGORY OF INTENT--KNOWINGLY

When a person is AWARE that his conduct is of a particular nature or KNOWS that his conduct will necessarily or very likely cause a particular result.

NOTE: Knowing conduct satisfies a statute requiring WILLFUL conduct!

Front 62

CATEGORY OF INTENT--PURPOSELY

A person acts purposely when his _________ __________ is to engage in certain conduct or cause a certain result.

Back 62

CATEGORY OF INTENT--PURPOSELY

A person acts purposely when his CONSCIOUS OBJECT is to engage in certain conduct or cause a certain result.

Front 63

GENERAL RULE: One may use deadly force in self-defense EVEN IF the use of force could be avoided by retreating safely.

Does this rule apply to one who is the INITIAL AGGRESSOR?

Back 63

GENERAL RULE: One may use deadly force in self-defense EVEN IF the use of force could be avoided by retreating safely.

HOWEVER, this rule does NOT apply to one who is the INITIAL AGGRESSOR--->

Generally, one who begins a fight has no right to use force in his own defense during the fight.

But the aggressor can regain his right to use self-defense either:

(1) By withdrawing and communicating the withdrawal to the other person; or

(2) When the other person suddenly escalates a minor fight into one involving deadly force w/o giving the aggressor the chance to withdrawal.

Front 64

ATTEMPT


________ act done w/ _____ to commit a crime FALLING ______ of completing the crime.


-This is an INCHOATE OFFENSE.



-Is factual impossibility a defense?

Back 64

ATTEMPT


DIRECT act done w/ INTENT to commit a crime FALLING SHORT of completing the crime.

-This is an INCHOATE OFFENSE.

-NO, factual impossibility is NOT a defense.

Front 65

FALSE PRETENSES

Both ________ and _________ must pass to D!

Back 65

FALSE PRETENSES

Both TITLE and POSSESSION must pass to D!

Front 66

BURGLARY

Intent to commit a felony may be _________ from ___________ ENTRY.

Back 66

BURGLARY

Intent to commit a felony may be INFERRED from UNAUTHORIZED ENTRY.

Front 67

TYPE OF LARCENY

If the victim ________ to the D's taking possession of the property, but such consent has been ________ by a _________________, the consent is NOT valid.

This is called LARCENY ____ ________!

Back 67

LARCENY

If the victim CONSENTS to the D's taking possession of the property, but such consent has been INDUCED by a MISREPRESENTATION, the consent is NOT valid.

This is called LARCENY BY TRICK!

Front 68

To be an ACCESSORY AFTER THE FACT, the felony must have been committed by another who is __________ to him.

Back 68

UNRELATED!

ACCESSORY AFTER THE FACT: A person who, knowing a felony to have been committed by another who is UNRELATED to him, receives, relieves, or assists the felon.

Front 69

The crime of ___________ ends when you ASK them to do it.

It becomes a CONSPIRACY when they _______ to do it.

Back 69

The crime of SOLICITATION ends when you ASK them to do it.

It becomes a CONSPIRACY when they AGREE to do it.

Front 70

VOLUNTARY INTOXICATION

This type of evidence may be offerred when D is charged w/ a crime that requires ________ or _________ (ie. SPECIFIC INTENT).

Back 70

VOLUNTARY INTOXICATION

This type of evidence may be offerred when D is charged w/ a crime that requires PURPOSE or KNOWLEDGE (ie. SPECIFIC INTENT).

Front 71

LARCENY (can/cannot) be committed w/ LOST or MISLAID property or property that has been delivered by mistake.

HOWEVER, larceny CANNOT be committed w/ __________ property.

Back 71

LARCENY can be committed w/ LOST or MISLAID property or property that has been delivered by mistake.

HOWEVER, larceny CANNOT be committed w/ ABANDONED property.

Front 72

REGAINING POSSESSION OF PROPERTY

Force CANNOT be used to regain possession of property wrongfully taken UNLESS the person using force is in __________ __________ of the taker.

Back 72

REGAINING POSSESSION OF PROPERTY

Force CANNOT be used to regain possession of property wrongfully taken UNLESS the person using force is in IMMEDIATE PURSUIT of the taker.

Front 73

DEADLY FORCE may be used ONLY to STOP or _________ a dangerous felony involving ______ to human life.

Back 73

DEADLY FORCE may be used ONLY to STOP or PREVENT a dangerous felony involving RISK to human life.

Front 74

DEFENSES

________ or _________ OF FACT is relevant to criminal liability ONLY if it shows that D lacked the STATE OF MIND required for the crime.

Thus, it is irrelevant if the crime imposes _________ liability.

Back 74

DEFENSES

MISTAKE or IGNORANCE OF FACT is relevant to criminal liability ONLY if it shows that D lacked the STATE OF MIND required for the crime.

Thus, it is irrelevant if the crime imposes "STRICT" liability.

Front 75

REASONABLENESS--MISTAKE

If mistake is offered to disprove SPECIFIC INTENT, the mistake (MUST/NEED NOT) be reasonable.

If it is offered to disprove any other state of mind, it (MUST BE/NEED NOT BE) reasonable mistake or ignorance.

Back 75

REASONABLENESS--MISTAKE

If mistake is offered to disprove SPECIFIC INTENT, the mistake NEED NOT be reasonable.

If it is offered to disprove any other state of mind, it MUST be reasonable mistake or ignorance.

Front 76

CONSENT--DEFENSE

To operate as a defense, it MUST be established that:

(1) Consent was ________ and _________ given;

(2) The party was _________ CAPABLE of consenting; and

(3) No _______ was involved in obtaining consent.

Back 76

CONSENT--DEFENSE

To operate as a defense, it MUST be established that:

(1) Consent was VOLUNTARILY and FREELY given;

(2) The party was LEGALLY CAPABLE of consenting; and

(3) No FRAUD was involved in obtaining consent.

Front 77

ATTEMPT--DEFENSES

Is FACTUAL IMPOSSIBILITY a defense?

Is LEGAL IMPOSSIBILITY a defense?

Back 77

ATTEMPT--DEFENSES

NO, FACTUAL IMPOSSIBILITY is NOT a defense to attempt!

YES, LEGAL IMPOSSIBILITY IS a defense to attempt!

Front 78

_________ is NOT a defense to ATTEMPT.

Back 78

ABANDONMENT is NOT a defense to ATTEMPT.

Front 79

D was GROSSLY NEGLIGENT.

This is __________ __________.

Back 79

D was GROSSLY NEGLIGENT.

This is CRIMINAL NEGLIGENCE.

Front 80

LARCENY

Stan takes property from a THIEF. Is this larceny?

Back 80

LARCENY

YES, b/c Thief has a property interest superior to Stan!

NOTE: It IS larceny if property is taken from a THIEF b/c he has a possessory interest SUPERIOR to the person who takes the property from him.

Front 81

ABANDONED PROPERTY--LARCENY?

Abandoned property has NO OWNER and larceny (CAN/CANNOT) be committed by appropriating it.

Back 81

ABANDONED PROPERTY--LARCENY?

Abandoned property has NO OWNER and larceny CANNOT be committed by appropriating it.

NOTE: LOST or MISLAID property is regarded as constructively in the possession of the owner. Thus, if it is found and taken, it is taken from his possession and larceny MAY be committed.

Front 82

MISTAKE--REASONABLENESS REQUIREMENT

--Malice and general intent crimes
Is reasonableness required?

--Specific intent crimes
Is reasonableness required?

--Strict liability crimes
Is mistake a defense?

Back 82

MISTAKE--REASONABLENESS REQUIREMENT

--Malice and general intent crimes
Reasonableness IS required!

--Specific intent crimes
Reasonableness is NOT required!

--Strict liability crimes
Mistake is NOT a defense!

Front 83

A killing committed when one is perpetrating a MISDEMEANOR or UNENUMERATED FELONY.

Back 83

MISDEMEANOR MANSLAUGHTER: A killing committed when one is perpetrating a MISDEMEANOR or UNENUMERATED FELONY.

NOTE: This is INVOLUNTARY MANSLAUGHTER.

Front 84

INVOLUNTARY MANSLAUGHTER--->

(1) __________________

(2) __________________

Back 84

INVOLUNTARY MANSLAUGHTER--->

(1) CRIMINAL NEGLIGENCE

(2) MISDEMEANOR MANSLAUGHTER

Front 85

FELONY MURDER

Death MUST have been a __________ result of the commission of the felony.

Back 85

FELONY MURDER

Death MUST have been a FORESEEABLE result of the commission of the felony.

Front 86

NONDEADLY FORCE is justified where it appears __________ to avoid imminent injury or to retain property.

DEADLY FORCE is justified ONLY to prevent _______ or _________ _________ INJURY.

Back 86

NONDEADLY FORCE is justified where it appears NECESSARY to avoid imminent injury or to retain property.

DEADLY FORCE is justified ONLY to prevent DEATH or SERIOUS BODILY INJURY.

Front 87

GENERAL RULE---NO DUTY TO RETREAT

This applies to a person W/O FAULT!!!

A person w/o fault may use such force as ________ appears necessary to protect herself from imminent use of unlawful force upon herself.

Back 87

GENERAL RULE---NO DUTY TO RETREAT

This applies to a person W/O FAULT!!!

A person w/o fault may use such force as REASONABLY appears necessary to protect herself from imminent use of unlawful force upon herself.

Front 88

DEADLY FORCE

A person may use deadly force in self-defense if:

(1) He is _______ FAULT;

(2) He is confronted w/ _________ FORCE; and

(3) He is threatened w/ ________ death or great bodily harm.

Back 88

DEADLY FORCE

A person may use deadly force in self-defense if:

(1) He is W/O FAULT;

(2) He is confronted w/ UNLAWFUL FORCE; and

(3) He is threatened w/ IMMINENT death or great bodily harm.

Front 89

UTTERING

Offering as _________ an INSTRUMENT that may be the subject of ________ and is _____, w/ intent to _________.

Back 89

UTTERING

Offering as GENUINE an INSTRUMENT that may be the subject of FORGERY and is FALSE, w/ intent to DEFRAUD.

Front 90

FORGERY

A writing must represent itself to be something that it is _____.

Back 90

FORGERY

A writing must represent itself to be something that it is NOT.

Front 91

DUE PROCESS CLAUSE

This requires that in all ________ cases the _______ prove guilt ________ a REASONABLE ________.

Back 91

DUE PROCESS CLAUSE

This requires that in all CRIMINAL cases the STATE prove guilt BEYOND a REASONABLE DOUBT.

Front 92

DUE PROCESS CLAUSE

Requires that each _______ of a crime be proved beyond a REASONABLE _______.

Back 92

DUE PROCESS CLAUSE

Requires that each ELEMENT of a crime be proved beyond a REASONABLE DOUBT.

Front 93

Can one who solicits another to commit a crime be convicted of BOTH solicitation and the completed crime?

Back 93

NO! One who solicits another to commit a crime CANNOT be convicted of BOTH solicitation and the completed crime!!!

Front 94

CONSPIRACY

Parties must agree to accomplish the same objective by _________ ACTION.

Back 94

CONSPIRACY

Parties must agree to accomplish the same objective by MUTUAL ACTION.

Front 95

________ IMPOSSIBILITY

This is a defense which occurs where a D sets out to do something he _________ believes constitutes a crime.

Back 95

LEGAL IMPOSSIBILITY

This is a defense which occurs where a D sets out to do something he MISTAKENLY believes constitutes a crime.

Front 96

CRIMINAL LIABILITY

To be criminally liable, D must:

- Perform a ________ physical act; or

- _______ to act under circumstances imposing a legal _______ to act.

Back 96

CRIMINAL LIABILITY

To be criminally liable, D must:

- Perform a VOLUNTARY physical act; or

- FAIL to act under circumstances imposing a legal DUTY to act.

Front 97

A requirement of a WILLFUL action means that the person must have acted _________ that her conduct would necessarily cause such a result.

Back 97

A requirement of a WILLFUL action means that the person must have acted KNOWING that her conduct would necessarily cause such a result.

Front 98

LARCENY

Property MUST be taken from someone who has a possessory interest _________ to that of D.

Back 98

LARCENY

Property MUST be taken from someone who has a possessory interest SUPERIOR to that of D.

Front 99

LARCENY BY TRICK VS. FALSE PRETENSES

LARCENY BY TRICK-->Victim is tricked into giving up mere _________.

FALSE PRETENSES-->Victim is tricked into giving up ________.

Back 99

LARCENY BY TRICK VS. FALSE PRETENSES

LARCENY BY TRICK-->Victim is tricked into giving up mere POSSESSION.

FALSE PRETENSES-->Victim is tricked into giving up TITLE.

Front 100

LARCENY

SELECT (1) or (2):

(1) Custody < Possession

(2) Custody > Possession

Back 100

LARCENY

(1) is correct!

CUSTODY < POSSESSION

Front 101

If D has CUSTODY of the property rather than POSSESSION, his misappropriation of the property is ________.

Back 101

If D has CUSTODY of the property rather than POSSESSION, his misappropriation of the property is LARCENY.

Front 102

POSSESSION involves a much greater scope of authority to deal w/ property than does _______.

Back 102

POSSESSION involves a much greater scope of authority to deal w/ property than does CUSTODY.

Front 103

________________: When the victim consents to D's taking __________ of property but the consent has been induced by __________.

Back 103

LARCENY BY TRICK: When the victim consents to D's taking POSSESSION of property but the consent has been induced by MISREPRESENTATION.

Front 104

EMBEZZLEMENT: Fraudulent conversion of property of another by a person in LAWFUL __________ of that property.

Back 104

EMBEZZLEMENT: Fraudulent conversion of property of another by a person in LAWFUL POSSESSION of that property.

Front 105

GENERAL RULE: One may use deadly force in self-defense EVEN IF the use of force could be avoided by retreating safely.

HOWEVER, this rule does NOT apply to one who is the INITIAL _________!

Back 105

GENERAL RULE: One may use deadly force in self-defense EVEN IF the use of force could be avoided by retreating safely.

HOWEVER, this rule does NOT apply to one who is the INITIAL AGGRESSOR!

Generally, one who begins a fight has no right to use force in his own defense during the fight.

NOTE: There are ways an aggressor can regain his right to use self-defense.

Front 106

DEADLY FORCE

An aggressor can regain his right to use self-defense EITHER:

(1) By WITHDRAWING and _________ the withdrawal to the other person; or

(2) When the other person suddenly _________ a minor fight into one involving deadly force w/o giving the aggressor a chance to ________.

Back 106

DEADLY FORCE

An aggressor can regain his right to use self-defense EITHER:

(1) By WITHDRAWING and COMMUNICATING the withdrawal to the other person; or

(2) When the other person suddenly ESCALATES a minor fight into one involving deadly force w/o giving the aggressor a chance to WITHDRAW.

Front 107

ASSAULT

- Intent to commit a ________; or

- Intent to create a REASONABLE ___________ in the mind of the victim of IMMINENT _______ HARM.

NOTE: ______ alone are NOT enough!

Back 107

ASSAULT

- Intent to commit a BATTERY; or

- Intent to create a REASONABLE APPREHENSION in the mind of the victim of IMMINENT BODILY HARM.


NOTE: WORDS alone are NOT enough!

Front 108

One who may NOT be convicted as a principal MAY be convicted as an ________.

EXCEPTION: If, however, the legislature intends to protect ________ of a class from exploitation, those persons are presumed to be _______ from liability, EVEN if they participate in the crime.

Back 108

One who may NOT be convicted as a principal MAY be convicted as an ACCOMPLICE.

EXCEPTION: If, however, the legislature intends to protect MEMBERS of a class from exploitation, those persons are presumed to be IMMUNE from liability, EVEN if they participate in the crime.

Front 109

ACCOMPLICE LIABILITY

To be convicted as an accomplice, a person must have acted w/ the intent to _____ or _________ the principal in the commission of the crime.

Back 109

ACCOMPLICE LIABILITY

To be convicted as an accomplice, a person must have acted w/ the intent to AID or ENCOURAGE the principal in the commission of the crime.

Front 110

CONSENT

Choose one:

This (is/is not) a defense to statutory rape.

Back 110

CONSENT is NOT a defense to statutory rape!

NOTE: EVEN IF female willingly participates in sexual acts, the male can be convicted.

Front 111

If a particular result is a NATURAL and PROBABLE consequence of D's action, the factfinder _____ infer that D intended that result.

Back 111

If a particular result is a NATURAL and PROBABLE consequence of D's action, the factfinder MAY infer that D intended that result.

NOTE: It is NOT PRESUMED!!!

Front 112

For virtually all crimes, one element that MUST be proved is an unlawful ________ ACT or a __________ to act by D.

FAILURE TO ACT will constitute a crime ONLY where there is a _______ ______ to act and it is ________ POSSIBLE to perform the act.

Back 112

For virtually all crimes, one element that MUST be proved is an unlawful PHYSICAL ACT or a FAILURE to act by D.

FAILURE TO ACT will constitute a crime ONLY where there is a LEGAL DUTY to act and it is REASONABLY POSSIBLE to perform the act.

Front 113

LEGAL DUTY

A legal duty can arise by:

(1) ________;

(2) ___;

(3) _________ between the victim and D; or

(4) Creation of a _______ by D.

Back 113

LEGAL DUTY

A legal duty can arise by:

(1) STATUTE;

(2) K;

(3) RELATIONSHIP between the victim and D; or

(4) Creation of a PERIL by D.

Front 114

VOLUNTARY MANSLAUGHTER

An intentional killing distinguished from murder by __________ ___________.

Back 114

VOLUNTARY MANSLAUGHTER

An intentional killing distinguished from murder by ADEQUATE PROVOCATION.

Front 115

WILLFUL ACTION

To act willfully, a person must act __________ that her conduct will necessarily cause a certain result.

Back 115

To act willfully, a person must act KNOWING that her conduct will necessarily cause a certain a result.

Front 116

ACCOMPLICE LIABILITY

MODERN TREND-->NOT to treat an accessory ______ the fact as a party to the felony.

Instead, he would be found guilty of __________ OF JUSTICE.

Back 116

ACCOMPLICE LIABILITY

MODERN TREND-->NOT to treat an accessory AFTER the fact as a party to the felony.

Instead, he would be found guilty of OBSTRUCTION OF JUSTICE.

Front 117

ROBBERY

How much use of force is sufficient?

Back 117

ROBBERY

The use of force constituting BATTERY is sufficient.

Front 118

True/False?

A mistake as to the LAW is NOT an excuse for an act otherwise criminal.

Back 118

TRUE---A mistake as to the LAW is NOT an excuse for an act otherwise criminal.

Front 119

CONSPIRACY

This is a ______ INTENT crime.

Parties must have:

(1) The intent to _______; and

(2) The intent to ________ the _________ of the conspiracy.

Back 119

CONSPIRACY

This is a SPECIFIC INTENT crime.

Parties must have:

(1) The intent to AGREE; and

(2) The intent to ACHIEVE the OBJECTIVE of the conspiracy.

Front 120

ACCOMPLICE LIABILITY

To be convicted as an accomplice, a person:

(1) Must have given AID, ________, or ENCOURAGEMENT;

(2) W/ the _______ to aid or encourage the __________ in commission of the crime charged.

Back 120

ACCOMPLICE LIABILITY

To be convicted as an accomplice, a person:

(1) Must have given AID, COUNSEL, or ENCOURAGEMENT;

(2) W/ the INTENT to aid or encourage the PRINCIPAL in commission of the crime charged.

Front 121

ACCESSORY BEFORE THE FACT: This is a person who assists or encourages but is _____ present at the crime.

Back 121

ACCESSORY BEFORE THE FACT: This is a person who assists or encourages but is NOT present.

Front 122

PRINCIPAL IN THE SECOND DEGREE: A person who aids, commands, or encourages the principal and is _________ at the crime.

Back 122

PRINCIPAL IN THE SECOND DEGREE: A person who aids, commands, or encourages the principal and is PRESENT at the crime.

Front 123

ACCESSORY BEFORE THE FACT VS. PRINCIPAL IN THE SECOND DEGREE

Accessory before the fact
---->Present/Not Present?

Principal in the second degree
---->Present/Not Present?

Back 123

ACCESSORY BEFORE THE FACT VS. PRINCIPAL IN THE SECOND DEGREE

Accessory before the fact
---->NOT PRESENT

Principal in the second degree
---->PRESENT

Front 124

PRINCIPAL IN THE FIRST DEGREE: This is a person who actually _________ in the act or omission that constitutes the offense.

Back 124

PRINCIPAL IN THE FIRST DEGREE: This is a person who actually ENGAGES in the act or omission that constitutes the offense.

Front 125

Knowing conduct satisfies a statute requiring ________ conduct.

Back 125

Knowing conduct satisfies a statute requiring WILLFUL conduct.

Front 126

To determine whether D acted PURPOSELY, KNOWINGLY, or RECKLESSLY, a/an __________ standard is used.

To determine whether a D acted NEGLIGENTLY, a/an __________ standard is used.

Back 126

To determine whether D acted PURPOSELY, KNOWINGLY, or RECKLESSLY, a SUBJECTIVE standard is used.

To determine whether a D acted NEGLIGENTLY, an OBJECTIVE standard is used.

Front 127

The MPC eliminates the common law distinctions between GENERAL and SPECIFIC intent and adopts 4 categories of intent:

(1) ____________

(2) ____________

(3) ____________

(4) ____________

Back 127

The MPC eliminates the common law distinctions between GENERAL and SPECIFIC intent and adopts 4 categories of intent:

(1) PURPOSELY

(2) KNOWINGLY

(3) RECKLESSLY

(4) NEGLIGENTLY

Front 128

CATEGORY OF INTENT--NEGLIGENCE

A person acts NEGLIGENTLY when he ________ to be ________ of a _________ and _________ risk, where such failure is a substantial deviation from the standard of care.

Back 128

CATEGORY OF INTENT--NEGLIGENCE

A person acts NEGLIGENTLY when he FAILS to be AWARE of a SUBSTANTIAL and UNJUSTIFIABLE risk, where such failure is a substantial deviation from the standard of care.

Front 129

CATEGORY OF INTENT--RECKLESSLY

A person acts RECKLESSLY when he ________ of a _________ and __________ risk and __________ __________ it.

Back 129

CATEGORY OF INTENT--RECKLESSLY

A person acts RECKLESSLY when he KNOWS of a SUBSTANTIAL and UNJUSTIFIABLE risk and CONSCIOUSLY DISREGARDS it.

Front 130

CATEGORY OF INTENT--KNOWINGLY

A person acts KNOWINGLY when he is ________ that his conduct is of a particular nature or ________ that his conduct will necessarily or very likely cause a particular result.

Back 130

CATEGORY OF INTENT--KNOWINGLY

A person acts KNOWINGLY when he is AWARE that his conduct is of a particular nature or KNOWS that his conduct will necessarily or very likely cause a particular result.

Front 131

CATEGORY OF INTENT--PURPOSELY

A person acts PURPOSELY when his _________ _________ is to engage in certain conduct or cause a certain result.

Back 131

CATEGORY OF INTENT--PURPOSELY

A person acts PURPOSELY when his CONSCIOUS OBJECT is to engage in certain conduct or cause a certain result.

Front 132

COMMON LAW

_______________: Intent to engage in proscribed conduct.

Back 132

COMMON LAW

SPECIFIC INTENT: Intent to engage in proscribed conduct.

Front 133

COMMON LAW

______________: Awareness of acting in a proscribed manner.

Back 133

COMMON LAW

GENERAL INTENT: Awareness of acting in a proscribed manner.

Front 134

ATTEMPT: ________ act done w/ _______ to commit a crime falling short of __________ the crime.

Back 134

ATTEMPT: DIRECT act done w/ INTENT to commit a crime falling short of COMPLETING the crime.

Front 135

_______________: Obtaining money or property from a person w/ the intent to defraud.

NOTE: Both TITLE and POSSESSION must pass to D!

Back 135

FALSE PRETENSES: Obtaining money or property from a person w/ the intent to defraud.

NOTE: Both TITLE and POSSESSION must pass to D!

Front 136

During a BURGLARY, an intent to commit a felony may be _________ from UNAUTHORIZED ENTRY.

Back 136

During a BURGLARY, an intent to commit a felony may be INFERRED from UNAUTHORIZED ENTRY.

Front 137

VOLUNTARY INTOXICATION

May be offerred as a defense when D is charged w/ a crime requiring ________ (intent) or _________ (ie. specific intent crime)

Back 137

VOLUNTARY INTOXICATION

May be offerred as a defense when D is charged w/ a crime requiring PURPOSE (intent) or KNOWLEDGE (ie. specific intent crime)

Front 138

REGAINING POSSESSION

Force CANNOT be used to regain possession of property wrongfully taken UNLESS the person using force is in __________ ___________ of the taker.

Back 138

REGAINING POSSESSION

Force CANNOT be used to regain possession of property wrongfully taken UNLESS the person using force is in IMMEDIATE PURSUIT of the taker.

Front 139

Is ABANDONMENT a defense to ATTEMPT?

Back 139

NO! ABANDONMENT is NOT a defense to ATTEMPT!

Front 140

INHERENTLY DANGEROUS FELONIES:

(1) __________________

(2) __________________

(3) __________________

(4) __________________

(5) __________________

Back 140

INHERENTLY DANGEROUS FELONIES:

(1) BURGLARY

(2) ARSON

(3) RAPE

(4) ROBBERY

(5) KIDNAPPING

Front 141

___________ requires a much greater deviation from ordinary behavior than simply a "failure to exercise due care."

Back 141

RECKLESSNESS requires a much greater deviation from ordinary behavior than simply a "failure to exercise due care."

Front 142

A person is privileged to use deadly force to prevent a crime ONLY if it is a __________ FELONY.

Back 142

A person is privileged to use deadly force to prevent a crime ONLY if it is a DANGEROUS FELONY.

Front 143

PROXIMATE CAUSE is found when the results are the NATURAL and FORESEEABLE results of D's acts.

Are infections and negligent medical treatment foreseeable risks?

Back 143

PROXIMATE CAUSE is found when the results are the NATURAL and FORESEEABLE results of D's acts.

YES! Infections and negligent medical treatment are foreseeable risks in homicide cases.

Front 144

One may NOT be convicted of BOTH a GREATER OFFENSE and a LESSER _________ OFFENSE.

A lesser included offense is one that consists of some, but ____ all, elements of the greater crime.

EXAMPLE: Larceny is a _______ included offense of robbery b/c larceny consists of all the elements of robbery except for force or intimidation.

Back 144

One may NOT be convicted of BOTH a GREATER OFFENSE and a LESSER INCLUDED OFFENSE.

A lesser included offense is one that consists of some, but NOT all, elements of the greater crime.

EXAMPLE: Larceny is a LESSER included offense of robbery b/c larceny consists of all the elements of robbery except for force or intimidation.

Front 145

TRUE/FALSE:

Duress is a defense to arson.

Back 145

TRUE!

DURESS is a defense to arson.

Front 146

A person is NOT guilty of an offense, other than ________, if he performs the otherwise criminal act under threat of _________ infliction of death or great bodily harm and his perception of the threat is __________.

Back 146

A person is NOT guilty of an offense, other than HOMICIDE, if he performs the otherwise criminal act under threat of IMMINENT infliction of death or great bodily harm and his perception of the threat is REASONABLE.

Front 147

MALUM IN SE = __________ __________

Back 147

MALUM IN SE = INHERENTLY WRONGFUL

Front 148

ACCOMPLICE LIABILITY

To be liable as an accomplice (ie. for aiding and abetting), D must encourage or assist in the commission of the underlying crime w/ ______ that the crime be committed or, in certain cases, w/ ___________ that it was to be committed.

Back 148

ACCOMPLICE LIABILITY

To be liable as an accomplice (ie. for aiding and abetting), D must encourage or assist in the commission of the underlying crime w/ INTENT that the crime be committed or, in certain cases, w/ KNOWLEDGE that it was to be committed.

NOTE: There must be INTENT or KNOWLEDGE to be an aider or abettor!

Front 149

ACT OR OMISSION (FAILURE TO ACT)

A legal duty to act can arise from a ___________ between the defendant and the victim.

Back 149

ACT OR OMISSION (FAILURE TO ACT)

A legal duty to act can arise from a RELATIONSHIP between the defendant and the victim.

Front 150

CONTINUING TRESPASS DOCTRINE

If D takes property w/ a wrongful state of mind but w/o intent to steal, and later, while still in possession of it, forms intent to steal it, the trespass involved in the initial wrongful taking is regarded as "continuing" and D is guilty of _______.

Back 150

CONTINUING TRESPASS DOCTRINE

If D takes property w/ a wrongful state of mind but w/o intent to steal, and later, while still in possession of it, forms intent to steal it, the trespass involved in the initial wrongful taking is regarded as "continuing" and D is guilty of LARCENY.

Front 151

Dealing w/ property in a manner inconsistent w/ the arrangement by which D has possession.

Back 151

CONVERSION

Dealing w/ property in a manner inconsistent w/ the arrangement by which D has possession.