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17 Cards in this Set
- Front
- Back
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Pre-Reqs. of Crime
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1. Volitional Act (Actus Rea)
2. Mental State (Mens Rea) 3. Causation 4. Concurrence |
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Felony
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Punishable by death or one year in prison
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Jurisdiction
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Conduct or result occured; where duty arose if omission
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Omission: Duty to Act
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Statute, Contract, Special Relationship, Voluntary Assumption of Duty, Creation of Peril
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Special Relationships: Omission
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1. The facts put you on notic
2. Duty because of special relationship 3. Physically able to help |
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Volitional Act
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Any voluntary, physical bodily movement; not reflective or compulsive; not unconscious or sleepwalking
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Possession
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Defendant has control and ability to terminate possession
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Causation
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1. Actual - but for
2. Proximate Cause = result is a natural and probably consequience of one's acts - 1 year and 1 day for homicides |
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Concurrence
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Intent must actuate the act (EX: intend to poison, but on the way hit with a car)
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Merger
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No merger EXCEPT: solicitation and attempt merge into completed crime
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Common Law Mental States
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1. Specific Intent
2. General Intent 3. Malice 4. Strict Liability |
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MPC Mental State
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1. Purposefully
2. Knowingly 3. Recklessly 4. Negligently 5. Strict Liability |
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Common Law Specific Intent
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Specific goal need to accomplish objecive of a crime
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Common Law General Intent
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Aware of the existence/high likelihood of factors (commission of the act permits inference of intent to do act)
EX: Battery, Rape |
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Common Law Malice
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Intent or Reckless disregard of obvious or high risk that particular result will occur
EX: Murder, Arson |
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Strict Liability (Common Law & MPC)
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No intent crimes
1. Administrative/regulatory/moral 2. No "intent" defense available 3. No proof of mental state for one or more elements |
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MPC Purposefully
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Conscious object to engage in conduct or cause result
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