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22 Cards in this Set

  • Front
  • Back
Solicitation
1. Asking someone to commit a crime
2. With the intent that the person commit the crime
Conspiracy
1. Agreement
2. Intent to enter into agreement
3. Intent to pursue unlawful objective
4. Overt act - majority - mere preparation OK
Conspiracy Defenses
1. Withdrawal - defense to crimes committed in furtherance; requires affirmative act notifying all members
Attempt
1. Specific Intent - to commit the crime (to kill)
2. Substantial step - prep not enough
Attempt Defenses
1. Impossibility - only that it is not a crime to do what he intended to do
2. Abandonment - NO GOOD
Battery
1. Unlawful application of force
2. To person of another
3. Resulting either in bodily injury or offensive touching
4. General Intent
Assault
1. Attempt to commit battery (specific intent)
2. Intentional creation of reasonable apprehension of imminent bodily harm
Common Law Murder
Unlawful killing with Malice Aforethought
- Intent to kill OR
- Intent to inflict great bodiliy injury OR
- Reckless indifference to high risk to human life
- Intent to commit felony
Voluntary Manslaughter
Adequate Provocation If:
1. Provocation that would arouse sudden/intense passion in mind of ordinary person
2. D was in fact provoked
3. No cooling off time
4. D in fact did not cool off
Involuntary Manslaughter
1. Unintentional killing - committed with criminal negligence
2. During the commission of an unlawful act (misdeameanor or felony not inherently dangerous)
Felony Murder
1. Inherently dangerous felony
2. Felony distinct from killing
3. DEath was foreseeable
4. Death caused before end of immediate flight
5. Innocent death caused by D/agent
Rape
1. Unlawful carnal knowledge of a woman
2. By a man (not her husband)
3. W/o effective consent
Larceny
1. Taking
2. Carrying away
3. Of tangible personal property
4. Of another with possession
5. By trespass
6. With intent to permanently deprive at time of taking
Embezzlement
1. D intends to defraud
2. Conversion
3. Of personal property
4. Of another
5. By a person in lawful possession
False Pretenses
1. Obtaining TITLE
2. To personal property of another
3. By intentional false statement of past/existing fact
4. With itent to defraud
Robbery
1. Taking
2. Of personal property of another
3. From other's person/presence
4. By force/threats of immediate death / physical injury
Extortion
Getting property by means of threats to do harm or expose information
Receipt of Stolen Property
1. Receiving possession and control
2. Of stolen property
3. Known to have been obtained in manner constituting a criminal offense
4. By another person
5. With intent to permanently deprive owner of his interest
Forgery
1. Making / Altering
2. A writing w/apparent legal significance
3. So that it is false
4. With the intent to defraud
Malicious michief
1. The malicious (intended / contemplated)
2. Destruction of / damage to
3. The property of another
Burglary
1. Breaking
2. And Entry
3. Of a dwelling
4. Of another
5. At night
6. With intent to commit a felony therein
Arson
1. Malicious (intentional / reckless disregard of obvious risk)
2. Burning
3. Of the dwellign
4. Of another