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15 Cards in this Set
- Front
- Back
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Solicitation
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asking/encouraging another to commit a crime; crime is complete the moment words are uttered; merges into one crime; NOTE: imposibility- NO defense!
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Conspiracy - 3 Elements
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punishes agreement to commit crimes.
1) Agreement - at least 2 people w/capacity to agree (if no capacity = solicitation) 2)Scope of liability - responsible for conspiracy and all foreseeable crimes in furtherance 3) Overt Act (some act) |
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Conspiracy - Impact of Withdrawal
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you're still guilty of crime of conspiracy but your withdrawal removes liability for future crimes.
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"Chain" Conspiracy
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one subject area and each person knows there must be others to make it work; though you don't know others, you're criminally responsible for acts of others in chain bc all links in the chain.
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Conspiracy & Defense of Impossibility
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NO DEFENSE - planning is key!
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Attempt
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Specific Intent - merges into completed offense
Subst'l Step required *Abandonment - NO defense |
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Attemt & Defense of Impossibility
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Factual: merely unsuccessful action - NO defense (so long as D thought it was a crime)
Legal: *intended act not a crime - DEFENSE |
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M'Naughton Rule for Insanity
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mental illness caused defect of reason, such that D did not know his act = illegal/wrong
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Irresistible Impulse Test for Insanity
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Focus on control - mental illness caused urge to commit crime and urge could not be resisted
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Durham Product Rule for Insanity
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causal link btw crime and illness - no crime if it was a product of mental illness
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MPC Insanity Rule
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modern version of M'Naugton and Irresistable Impulse: mental illness caused subst'l impairment either the ability to appreciate the act or conform the conduct to the law.
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Involuntary Intoxication
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Defense to all crimes; D lacked capacity
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Voluntary Intoxication
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ONLY a defense for specific intent crimes
NOTE: states cana say no evid allowed of volun intox regardless of type of crime - NO violation of DP bc of public policy reasons |
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Mistake of Fact for:
-Specific Intent Crimes -Other Crimes |
Specific Intent Crimes: mistake doesn't have to be reasonable, JSUT genuine
Other Crimes: mistake must be genuine and reasonable! |
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Mistake of Law
-True Defense -Failure of Proof |
True Defense: if you rely on an official stmt telling you you can do what you did (not atty)
Failure of Proof: element missing; statute requires Knowledge of law violation - if not proven, fails. |
