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23 Cards in this Set
- Front
- Back
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Rule of Lenity |
If there is ambiguity in the wording of a statute, it is read in favor of the defendant and against the state |
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Prosecutorial Discretion |
If a defendant may be charged under a more general statute or a more specific one, the prosector has discretion in which charge to bring (or whether to prosecute at all) |
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Specific Intent |
Offender actively desires criminal consequences of his act or failure to act |
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General Intent |
The criminal consequences were reasonably certain to follow from the offender's act or failure to act |
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Criminal Negligence |
Disregard for the interests of others that amounts to gross deviation below the standard of care of a reasonably careful person in like circumstances |
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Insanity Defense |
Because of a mental disease or defect, D was incapable of distinguishing between right and wrong with regard to the conduct in question.
D is presumed sane -- BOP is on D to prove insanity by a preponderance of the evidence
D must plead NG and NGRI |
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Involuntary Intoxication |
Defense to general and specific intent crimes
D must prove that intoxication was the direct cause of the commission of the crime |
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Voluntary Intoxication |
Only a defense to specific intent crimes
BOP on D to show intoxication precluded the formation of specific intent |
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Justification |
1. Public Duty 2. Reasonable and Lawful Arrest 3. Conduct Authorized by Law (i.e. Bounty Hunter Privilege) 4. Reasonable discipline by parent, teacher, or tutor 5. Physical impossibility when crime is a failure to perform an affirmative act 6. Compulsion 7. Defense of persons or property
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Compulsion |
Any crime except murder (but OK for manslaughter, etc.) 1. Threat of death or great bodily harm 2. Reasonable belief that person making the threat is present 3. Reasonable belief that person making the threat will immediately carry it out. |
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Aggressor Doctrine |
Aggressor cannot claim self defense
Exception: aggressor withdraws in good faith + other party knew or should have known of the withdrawal and desire to stop fighting Exception: if victim's response is unreasonable in response to the aggression |
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Justifiable use of force |
D was inside dwelling/place of business/motor vehicle + victim was unlawfully and forcibly entering (or had already done so) + D knew or had reason to believe entry was occurring = presumption that D had reasonable belief that force was necessary to prevent entry/compel victim to withdraw |
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Stand your ground provisions |
If not engaged in unlawful activity + in a place where person has a right to be = no duty to retreat before using force or violence to protect person or property and may meet force with force
*force may be deadly, but then must meet 1 of the requirements for justifiable homicide |
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Retreat cannot be considered |
Under no circumstances can the availability of retreat be considered as a factor when evaluating whether any of the self-defense or defense of property elements are satisfied |
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Justifiable Homicide (1) |
State bears BOP to prove homicide was not justified BARD if D raises the defense
If reasonable belief of imminent danger or loss of life or GBH + actual and reasonable belief that killing is necessary. |
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Justifiable Homicide (2) |
State bears BOP to prove homicide was not justified BARD if D raises the defense
If reasonable belief of imminent violent or forcible felony involving danger to life or risk of GBH + reasonable and actual belief that deadly force is necessary to prevent the felony |
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Justifiable Homicide (3) |
State bears BOP to prove homicide was not justified BAD if D raises the defense
If D is lawfully inside dwelling/place of business/motor vehicle + victim is attempting to make unlawful entry (or has done so) + D reasonably believes deadly force is necessary to prevent entry or compel withdrawal |
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Defense of Others |
If reasonably apparent to intervener that person attacked could have justifiably used the force himself + intervener reasonably believed that the intervention was necessary to protect the other person |
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Defense of Property |
No right to kill to protect property from trespass
If committed to prevent a person's forcible offense or trespass against property --> justifiable only if force is reasonable + force is apparently necessary to prevent trespass |
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Principals |
Anyone concerned in the commission of a crime
How to be a principal: 1. Directly commit a crime 2. Aid and abet in the commission of a crime 3. Directly or indirectly counsel or procure another to commit a crime |
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Transfer of Intent (Principals) |
Specific intent of one principal cannot be imputed to the other
General intent of one principal can be imputed to the other
Principals are not all equal offenders, although they can be |
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Accessories after the fact |
1. parties' actions must be after completion of the crime 2. underlying offense must be a felony If principal has been acquitted, accessory charge cannot lie 3. Party must harbor, aid, or conceal offender 4. Party must know or have reason to believe offender has committed the felony 5. party must have at least general intent |
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Illegal Possession of Stolen Goods |
1. intentional possession, receiving, concealing, procuring 2. thing of value 3. obtained from robbery or theft 4. actual or constructive knowledge of source of the goods is robbery/theft |
