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48 Cards in this Set
- Front
- Back
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conspiracy |
1. AGREEMENT between 2 or more parties
2. INTENT to agree to commit a felony (proof of explicit agreement not required) Can't Conspire w/u'cover officer at Common Law Common law - requires 2 Modern PCode - Only D need actually agree MPC also adds need for OVERT ACT NOTE: CONSPIRACY AND SUBSTANTIVE OFFENSES DO NOT MERGE |
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attempt
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1. DIRECT ACT
2. done with INTENT to commit a crime 3. that FALLS SHORT of completing the crime Requires SUBSTANTIAL STEP to perpetrating |
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solicitation
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1. command, entreating or attempting
2. to persuade another to commit a felony |
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(defense)
insanity tests (VA) |
1. M'Naughten Rule - did not know nature of act or that act was wrong
2. irresistible impulse - D has mental disease or defect so that D cannot control himself [Durham Rule - Would not have committed crime BUT FOR his having a mental disease or defect] Model Penal Code - Due to mental d or defect, did not have substantial capacity to appreciate wrongfulness or conform conduct to the law (defense to ALL crimes) |
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(defense)
Infancy |
<7: not capable of intent
7<14: rebuttable presumption--incapable of intent >14: presumed capable of intent |
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(defense)
self defense/defense of others/of property |
1. nondeadly force may be used if reasonably necessary
2. deadly force ONLY when in imminent fear of death/great bodily injury NOTE: Majority Rule - retreat not req'd even if deadly force used to defend Even in retreat J's no need to retreat in own home Property - only non-deadly |
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(defense)
defense of property |
1. nondeadly force ok
2. deadly force only if fearing great bodily injury |
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(defense)
entrapment |
1. criminal design originated with police
2. defendant was not predisposed to commit crime before contact with police |
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(defense)
duress |
1. D REASONABLY BELIEVED that criminal conduct was the only means of avoiding imminent death or serious bodily harm to himself or another
Good for all crimes but intentional murder |
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specific intent crimes (list)
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1. conspiracy
2. attempt 3. solicitation 4. first degree murder 5. assault 6. larceny 7. robbery 8. burglary 9. forgery 10. false pretenses 11. embezzlement |
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general intent crimes (list)
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1. Battery
2. Rape 3. Kidnapping 4. False Imprisonment |
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Malice Crimes (list)
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1. Arson
2. Murder (Common law) |
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Strict Liability crimes (list)
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1. Statutory Rape
2. Selling Liquor to Minors 3. Bigamy (some jurisdictions) |
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(defense)
insanity defenses (multistate) (list) |
1. M'Naughten Rule - didn't know it was wront
2. Irresistable Impulse Test 3. Durham Test 4. Model Penal Code Test -could not conform requirements to the law |
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Battery
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1. Unlawful application of Force
2. resulting in bodily injury, OR AN OFFENSIVE TOUCHING |
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Assault
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EITHER
1. an attempt to commit a battery, OR 1. the INTENTIONAL CREATION 2. of a REASONABLE APPREHENSION in the mind of the victim 3. of IMMMINENT BODILY HARM |
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Murder
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1. UNLAWFUL KILLING
2. of a HUMAN BEING 3. with MALICE AFORETHOUGHT |
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Malice Aforethought (list)
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1. Intent to kill
2. intent to inflict great bodily injury 3. Recklessness (abandoned / depraved heart), OR 4. intent to commit a felony (felony murder arising from BARRK crimes) |
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Voluntary Manslaughter
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would be murder but for the existence of ADEQUATE PROVOCATION - HEAT OF PASSION
(or extreme emotional disturbance) |
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Adequate Provocation to reduce homicide from murder to VM
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1. arouses sudden and intense passion
2. D in fact provoked 3. no sufficient cool-down time, AND 4. D did not cool off |
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Involuntary manslaughter
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1. a KILLING
2. committed with CRIMINAL NEGLIGENCE 3. OR DURING THE COMMISSION OF AN UNAWFUL ACT |
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Felony Murder (def. and list)
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murder committed during the perpetration of an enumerated felony:
1. burglary 2. arson 3. robbery 4. rape 5. aggravated battery 6. kidnapping Note: Agency theory, D not liable for 3rd P death |
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false imprisonment
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1. UNLAWFUL CONFINEMENT of a person
2. WITHOUT his valid CONSENT |
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kidnapping
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1. UNLAWFUL CONFINEMENT of a person involving either:
a. some MOVEMENT of that person, OR b. CONCEALMENT of that person |
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aggravated kidnapping
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1. KIDNAPPING
2. for one of the following: a. ransom b. committing other crimes c. offensive purposes d. child stealing |
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rape
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1. UNLAWFUL CARNAL KNOWLEDGE of a WOMAN
2. by a MAN (not her husband) 3. without her effective consent |
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(rape) lack of effective consent (list)
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1. actual force
2. threats of great or immediate bodily harm 3. V is incapable of consent 4. V is fraudulently caused to believe the act is not intercourse |
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larceny
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1. TAKING
2. and CARRYING AWAY 3. of tangible personal PROPERTY 4. of ANOTHER person 5. BY TRESPASS 6. WITH INTENT TO PERMANENTLY DEPRIVE |
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embezzlement
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1. FRAUDULENT CONVERSION
2. of PERSONAL PROPERTY 3. of ANOTHER 4. by a person in LAWFUL POSSESSION of that property |
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false pretenses
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1. obtaining TITLE (not possession)
2. to personal property of another 3. by an INTENTIONAL FALSE STATEMENT of past or existing fact 4. with INTENT TO DEFRAUD the other |
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robbery
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1. TAKING
2. of PERSONAL PROPERTY of another 3. FROM that person's PRESENCE 4. BY FORCE OR THREAT 5. with the INTENT TO PERMANENTLY DEPRIVE |
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receipt of stolen property
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1. receiving POSSESSION & CONTROL
2. of STOLEN PERSONAL PROPERTY 3. KNOWN to be stolen 4. by another person 5. with the INTENT TO PERMANENTLY DEPRIVE |
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forgery
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1. MAKING OR ALTERING
2. a WRITING with legal significance 3. so that it is false 4. with INTENT TO DEFRAUD |
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uttering a forged instrument
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1. offering as genuine
2. an instrument that may be the subject of forgery and is false 3. with intent to defraud |
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burglary
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1. BREAKING
2. and ENTERING 3. OF A DWELLING 4. AT NIGHT 5. with the INTENT TO COMMIT A FELONY (at time of entry) |
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arson
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1. MALICIOUS
2. BURNING 3. of the DWELLING OF ANOTHER |
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perjury
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1. INTENTIONAL taking
2. of a FALSE OATH 3. regarding a MATERIAL MATTER 4. in a JUDICIAL PROCEEDING |
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subornation of perjury
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1. PROCURING OR INDUCING
2. another 3. to commit perjury |
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bribery
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1. corrupt payment or receipt
2. of anything of value 3. to or by a public figure 4. for political action |
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Inchoate Crimes
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1. Conspiracy
2. ATtempt 3. Solicitation |
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Intoxication (as defense)
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1. Involuntary - valid d to specific intent, general intent and malice crimes
2. Voluntary - defense only to Specific Intent crime, no defense if D got drunk to commit the crime |
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Specific Intent Crimes
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F - 1st D murder
I - Inchoate Crimes (CATS) A - Assault T - Theft crimes |
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Merger (2 categories)
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1. Lesser offenses - same elements incorporated
2. Inchoate crime and a completed offense - success is a 'defense' to attempt - note if try to commit against P1 and actually commit against P2 - can be charged with attempt and crime Solicitation also merges into complete offense Conspiracy does not. |
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Accomplices
Accessories |
People who assist before or during
Liable for planned crime and foreseeable crimes that occur |
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Mistake of Law
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Defense only to an element of specific intent - belief conduct was legal negates intent
(e.g. I thought I was allowed to do that) |
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Mistake of Fact
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defense to Specific Intent crime where mistake is either reasonable or unreasonable -
Did D actually hold the mistaken belief? (e.g. I thought that was my car the valet brought) General Intent Crimes - only REASONABLE mistake of fact a defense |
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BARRK felonies
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Burglary
Arson Robbery Rape Kidnapping |
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Larceny by Trick
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Fraudulent or deceptive taking
of POSSESSION (not title) of another's property Without consent With Intent to deprive permanently |
