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20 Cards in this Set

  • Front
  • Back
What are specific intents crimes?
FAR BECALMS; false imprisonment, attempt, robbery, burglary, embezzlement, conspiracy,assault,larceny, pre-meditated murder, solicitation
What are malice crimes?
Murder and Arson
What are the elements of solicitation?
inciting, counseling, advising, etc, another to commit a Felony with the specific intent that the person solicited commit the crime. The crime is complete when the solicitation is made.
What is criminal attempt?
1)a specific intent to commit the crime; and, 2) an over act in furtherence of the crime
Can one withdraw from an attempt?
Generall, withdrawal is no defense. However, under MPC withdrawal is a defense if 1)it is fully voluntary and 2) it is a complete abandonment, not just a desire to postpone or find another victim.
What are the four tests for insanity?
1) McNauhton; no awareness of right/wrong, criminal purpose.2) Irresistable impulse; focuses on control 3) Product: No responsibility for a crime because the illness caused it 4) Model Penal Code; combines first 2 tests. If mental illness caused substantial impairment of ability to appreciate wrongness of act or to conform conduct to law
Is voluntary intoxication a defense?
Only to specific intent crimes.
Is mistake of fact a defense?
Only if it negates a required state of mind.
Does a mistake have to be reasonable?
FOr malice and general intent crimes, reasonableness is required for specific intent crimes, it only has to be in good faith.
What are the elements of entrapment?
1. the criminal design must have originated with law enforcement officers; and 2. the defendant must not have been predisposed to commit the crime prior to the initial contact by the government.
How does the burden go on entrapment?
If the defendant offers credible evidence on the two elements, the gov. must show predisposition beyond a reasonable doubt.
What are the elements of criminal battery?
Unlawful application of force to the person of another resulting in either bodily injury of an offensive touching.
What state of mind is needed for battery?
A battery need not be intentional; crimianal negligence is sufficient
What is aggravated battery?
1.deadly weapon is used
2.serious bodily injury
3.the victim is a child, woman of police officer.
What are the elements to assault?
1.Attempt to commit battery of 2. Intentioanl creation, other than by mere words, of a reaonable apprehension in the mind of the victim of imminent bodily harm.
What is larceny?
a taking and carrying away of personal property of another by a person in lawful possession of that property
What are the elements of kidnapping?
movement of the victim or concealment of the victim in a secret place.
What is rape?
unlawful carnal knowledge of woman by a man without her effective consent.
What are the two types of involuntary manslaughter?
2. Unlawful Act manslaughter (while committing a misdemeaor of felonies that are not violent).
elements of robbery are:
1. a taking of personal property of another from the other's person or presence by force or intimidation with the intent to deprive hime permanently of it.