Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

15 Cards in this Set

  • Front
  • Back
asking/encouraging another to commit a crime; crime is complete the moment words are uttered; merges into one crime; NOTE: imposibility- NO defense!
Conspiracy - 3 Elements
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)
Conspiracy - Impact of Withdrawal
you're still guilty of crime of conspiracy but your withdrawal removes liability for future crimes.
"Chain" Conspiracy
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.
Conspiracy & Defense of Impossibility
NO DEFENSE - planning is key!
Specific Intent - merges into completed offense
Subst'l Step required
*Abandonment - NO defense
Attemt & Defense of Impossibility
Factual: merely unsuccessful action - NO defense (so long as D thought it was a crime)
Legal: *intended act not a crime - DEFENSE
M'Naughton Rule for Insanity
mental illness caused defect of reason, such that D did not know his act = illegal/wrong
Irresistible Impulse Test for Insanity
Focus on control - mental illness caused urge to commit crime and urge could not be resisted
Durham Product Rule for Insanity
causal link btw crime and illness - no crime if it was a product of mental illness
MPC Insanity Rule
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.
Involuntary Intoxication
Defense to all crimes; D lacked capacity
Voluntary Intoxication
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
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!
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.