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41 Cards in this Set
- Front
- Back
1.13 |
Voluntary act |
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2.01 |
voluntary act defined |
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2.02 |
General Mens Rea Definitions Purposefully, Knowingly, Recklessly, Negligently |
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2.03 |
Casual Connection (causation) |
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2.04 |
Mistake of fact/ Mistake of law |
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2.05 |
Strict Liability |
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2.06 |
Vicarious Liability |
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2.08 |
Intoxication |
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2.09 |
Duress |
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2.12 |
De Minimus |
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3.02 |
Necessity (choice of evils) |
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3.04 |
Self Defense |
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3.05 |
Defense of other |
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3.06 |
Defense of Property |
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3.09 |
Cannot Place your self (recklessly/Negligently) into the harm |
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4.01 |
Mental Defect |
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5.01 |
Attempt |
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5.02 |
Solicitation |
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5.03 |
Conspiracy |
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210.1 |
Homicide |
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210.2 |
Murder |
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210.3 |
Mansluaghter |
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210.4 |
Negligent homicide |
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213.1 |
Rape |
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221 |
Burglary |
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222 |
Robbery |
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223 |
Theft |
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Common law Conspiracy |
2 fold intent required: Intent to combine with others; intent to accomplish the illegal objective |
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Pinkerton |
Act of one is acting for all Liability is cut off when the act is not in furtherance of the crime, not within the scope of the unlawful project... |
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MPC Conspiracy |
AR: agree to commit MR: Purpose of promoting/facilitating crime Intent as to conduct, Intent as to result, Agreement with one or more people |
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Intended Consequence Doctrine |
If an intentional wrongdoer gets what she wanted-- she gets the result she wanted in the manner she wanted-- she should not escape criminal responsibility even if an unforeseen event intervened |
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Adequate Provocation (Common Law) |
Sudden and intense Must have in fact been provoked No cooling off period Defendant did not in fact cool off |
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Involuntary Manslaughter |
Criminal Negligence Misdemeanor manslaughter rule Felonies not included in felony murder |
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MPC § 210.3 Description |
Committed recklessly, Killing but with Extreme Emotional Disturbance or Mental disturbance. Subjective standard |
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MPC § 210.2 Description |
Purposely, Knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life. |
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MPC § 210.4 Description |
Criminal homicide constitute Negligent homicide when it is committed negligently |
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Justification defense |
The harm caused by the justified behavior remains a legally recognized harm which is to be avoided whenever possible. Harm is outweighed by the need to avoid an even greater. |
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Excuse Defense |
Admit that the deed may be wrong, but excuse the actor b/c conditions suggest that the actor is not responsible for his deed. |
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Insanity |
Type of excuse defense |
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Self Defense |
type of Justification Defense |
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Duress Intoxication |
type of excuse defense |