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52 Cards in this Set
- Front
- Back
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PA - Merger of Crimes
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D c/b charged w/ both attempt and the completed crime, but convicted of only one.
Lesser included crimes merge if all elements are there and it arises from the same criminal activity |
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PA Mental States
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Intentionally = conscious object to engage in the act or to cause the result
Knowingly = aware that the conduct is practically certain to cause the result Recklessly = consciously disregards a substantial and unjustifiable risk - a gross deviation from the RP standard of care in the actor's situation Negligently = should have known that the substantial or unjustifiable risk would cause the result - such that his failure to perceive the risk involves a gross deviation from the RP standard of care under the circumstances |
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PA Vicarious Liability for Crimes
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Guilty for offense committed by another for which he is legally accountable
- acting w/ culpability sufficient for the offense and causes an innocent or irresponsible person to engage in such conduct - statute makes him accountable for the other's conduct OR - accomplice of the other |
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PA Enterprise Liability
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Defense if a person in high managerial or supervisory position over the subject matter such that he conducted due diligence to avoid the commission
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PA Accomplice Liability
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With intent to promote/facilitate the offense:
- solicits another to commit it OR - aids, agrees or attempts to aid - cannot include V of the offense, OR terminates pre-commission and wholly deprives it of its effectiveness or gives timely warning to law enforcement Accomplices c/b convicted even if Principal is not Note: accessory after the fact is a separate offense |
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PA Solicitation
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Renunciation is a defense = complete and voluntary renunciation of criminal intent and persuaded the other not to commit the crime or otherwise prevented the crime
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PA Conspiracy
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1.
(i) Agreement w/ another that they will engage in criminal conduct OR (ii) Agreement to aid another in planning/committing/attempting/soliciting to commit the crime 2. Overt Act Unilateral Approach - Pa follows the MPC approach that a person may be convicted even if the alleged co-conspirator is a member of the protected class or an undercover officer. Renunciation is a defense so long as it manifests a complete and voluntary renunciation of criminal intent |
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PA Attempt
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Majority/MPC = substantial step
Abandonment - M/b voluntary and complete - Not motivated by impossibility or fear of getting caught, or to transfer victim or objective |
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PA Insanity & Capacity Defenses
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M'Naghten Standard = Burden Of Proof on D by preponderance
- c/introduce psychiatric E to show heat of passion/negate specific intent Diminished Capacity = only negates specific intent to 1st Degree Murder in PA - D can rely on both insanity and diminished capacity Bifurcated trial if insanity defense is incompatible w/ another Note: Guilty but Mentally Ill is defense if M'Naghten standard is not met |
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PA Intoxication Defense
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Voluntary is not a defense, but can downgrade 1st Degree Murder to 3rd Degree Murder if D so lost his rationalities, sensibility or faculties so as to negate or lower specific intent to kill
- question for FF! |
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PA Infancy - Criminal Cases
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Juvenile court has exclusive jdxn
15y+ who uses a violent weapon during a felony and in murder cases |
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PA Deadly Force
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No duty to retreat from home or place of work where defendent did not instigate the violence. (u/l it's a coworker known to work there)
Deadly Force is NOT justified: - she knows she can avoid DF by retreating in complete safety, by surrendering something to a person w/ a claim of right, or complying w/ demand to abstain from action she has no duty to take - OR she was the aggressor w/ intent of causing death or serious bodily harm Defense of Others - justifiable when she w/b justified in using force to protect herself against injury she believes is threatened to 3P - under circumstances, she believes the 3P AND - she believes intervention is necessary to protect 3P To prevent perpetrator's escape - who has committed a forcible felony OR is attempting to escape w/ a deadly weapon OR indicated he would endanger life or bodily injury u/l he is arrested w/o delay |
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PA Resisting Arrest
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Underlying arrest M/b lawful and arresting officer M/h acted w/ authority and PC
- cannot use force if you know arrest is being made by officer - can use force if officer unlawfully uses or threatens DF; or to resist an illegal arrest by someone she d/n/k is an officer |
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PA Entrapment
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Objective Test (minority)
- Police conduct involves making knowingly false representations designed to induce the belief that such conduct is not prohibited OR - employing persuasion or inducement creating a substantial risk that the offense w/b committed by someone who is not ready to commit it NO question as to D's predisposition |
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PA Simple Assault
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Battery
Intentionally, knowingly or recklessly causing - or attempting to cause - bodily injury to another Negligently causing bodily injury w/ a deadly weapon Attempting by physical menace to put another in fear of imminent serious bodily injury If mutual fight = 3D misdemeanor If adult against child under 12y = 1D misdemeanor |
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PA Aggravated Assault
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Attempt to cause or intentionally, knowingly or recklessly with extreme indifference to value of human life causing serious bodily injury OR
Causing bodily injury w/ a deadly weapon 1DF (3D if gas or stun gun against public official) |
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PA Recklessly Endangering Another Person
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Conduct that does or may place another in danger of death or serious bodily injury
2D misdemeanor |
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Miscellaneous Crimes - Not Likely to be Tested
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- Assault or Harassment by Prisoners
- Retaliation Against Prosecutor or Judicial Official - Failure to Provide Medical Treatment for Your Child - Solicitation of Minors to Traffic Drugs - Invasion of Privacy - Incest - Bigamy - Indecent Exposure - Theft by Extortion - Theft of Property Lost or Mislaid or - Delivered by Mistake - Fraudulent Destruction, Removal or Concealment of a Recordable Instrument - Tampering w/ Records or ID - Institutional Vandalism (cemetery, church, school) - Possession of Firearm w/ Altered Manufacturer Number - Dealing in Infants |
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PA - Terroristic Threats
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Directly or indirectly communicates a threat to
- commit a crime of violence w/ intent to terrorize - cause evacuation of a building, place of assembly or facility of public transportation OR - otherwise cause serious public inconvenience or terror w/ reckless disregard of the risk 1D misdemeanor u/l disrupts normal business operations/everyday life = 3D |
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PA - Weapons of Mass Destruction
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Includes bombs, chemical, biological and nuclear agents
Threat to Use WMD - intentionally reporting w/o factual basis the existence of WMD OR - threatening placement of WMD 1D misdemeanor u/l causes evacuation/disruption of normal operations OR if during a state of emergency or disrupts operations where weapon was reported/threatened = 3D felony Possession, Manufacture or Use - intentionally, knowingly, recklessly possesses or manufactures (first offense = 2DF, subsequent = 1DF) - Intentionally knowingly or recklessly sells, purchases, transports or delivers WMD w/o authority AND - Act causes injury, damages, disruption of water/food/resources or evacuation - 1DF, but if death happens, c/b sentenced to life in prison |
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PA - Causing or Risking Catastrophe
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Causing Catastrophe
- intentionally, knowingly (1DF), recklessly (2DF) causing catastrophe by explosion, fire, flood, avalanche, collapse, release of poisonous gas, radioactive material, etc. OR - any other means of causing potentially widespread injury or damage Risking Catastrophe - recklessly creating risk of catastrophe - 2DF |
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PA - Harassment
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With intent to harass, annoy or alarm another
- SOs = physical contact, follows in public or repeatedly engages in conduct that serves no purpose - 3D misdemeanor = communicates in any threatening or obscene manner OR communicates repeatedly in anonymous or extremely inconvenient manner/time |
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PA - Stalking
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Course of conduct, repeated acts, or communications w/ another under circumstances demonstrating intent to place her in fear of bodily injury OR to cause emotional distress to another
1D misdemeanor u/l stalker has history of stalking, or against V = 3DF |
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PA - Homicide Definitions
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Deadly weapon
- Firearms, - Device designed as weapon and capable of causing death or serious injury - device in which use is calculated or likely to produce death/injury Serious Bodily Injury - substantial risk of death - serious, permanent disfigurement or loss or impairment Perpetration of a Felony = robbery, kidnapping, arson, burglary, rape or deviate sexual intercourse |
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PA - Murder Degrees
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First = intentional killing
Second = Felony Third = all other kinds w/ express/implied malice but not specific intent to kill |
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PA - Voluntary and Involuntary Manslaughter
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Voluntary
- killing w/o lawful justification under sudden and intense passion resulting from serious provocation by V or another who D intended to kill but negligently or accidently killed V - includes intentional and knowing killing that D at the time unreasonably believed she was justified in committing Involuntary - causes another's death by reckless or grossly negligent act |
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PA - Homicide by Vehicle
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Recklessly or w/ gross negligence causing another's death during and as a result of violating a law regarding traffic/vehicles
- can consider conduct immediately prior to the act |
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PA - Homicide by Drug Delivery
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Administers, dispenses, prescribes, sells or distributes controlled substance or counterfeit substance in violation of statute
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PA - Crimes Against Unborn Children
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Intentionally, knowingly, recklessly, or negligently causing death of unborn child
- not including consensual abortion, doctors in GF medical practice on pregnant women |
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PA - False Imprisonment
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Knowingly restraining another unlawfully so as to substantially interfere w/ her liberty (greater offense if V is under 18y)
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PA - Kidnapping
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Unlawfully removing another a substantial distance OR unlawfully (force, threat, deception, or 14y w/o parent consent) confining her for a substantial period in a place of isolation w/ intent to:
- hold for ransom, reward, as shield, or hostage - facilitate commission of felony or flight from - inflict bodily injury or to terrorize - interfere w/ public officials performance of gov't functions |
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PA - Rape
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Rape can be committed by a man or woman, and may be committed against one's spouse. Rape includes sexual intercourse with a complainant who is less than 13 years old.
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PA - Aggravated Indecent Assault
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Slight penetration w/ part of D's body for any purpose other than Good Faith, medical, hygienic or law enforcement purpose
Higher offense if V is under 13y |
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PA - Indecent Assault
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Indecent contact (touching intimate parts of a person to arouse or gratify either) if:
- done w/o consent - done by force or threat - V is unconscious, drugged, or mentally disabled - V is under 16, D is 4y+ older and they are not married |
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PA - Robbery
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During a theft, defendant:
(i) inflicts bodily injury upon another (ii) threatens w/ serious bodily harm or intentionally puts her in fear of serious bodily harm (iii) physically takes property from another's person by even slight force (iv) commits or threatens to commit a first or second degree felony (v) takes or removes the money of a financial institution by making an oral or written demand of the institution's employee |
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PA - Theft by Unlawful Taking
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CL Larceny
- unlawful taking or exercise of unlawful control over movable property of another w/ intent to deprive - includes xfer of control over immovable property w/ intent to benefit self or another - includes services w/o intent to pay |
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PA - Theft by Deception
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CL False Pretenses and Larceny by Trick
Intentionally obtaining or w/holding property another by deception - creating or reinforcing false impression as to law, value, intent or state of mind - prevents acquisition of information w/r/t transaction - fails to correct false impression she previously created or reinforced OR that she knows is influencing someone w/ whom she has fiduciary relationship |
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PA - Receiving Stolen Property
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(i) Intentionally receiving, retaining or disposing of another's (ii) movable property
(iii) knowing it has been stolen UNLESS w/ intent to restore to rightful owner |
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PA - Theft by Failure to Make Required Disposition of Funds
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Obtain property by agreement or subject to known legal obligation to make specified payment or other disposition = theft IF D intentionally deals w/ the property and fails to make required payment or disposition
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PA - Retail Theft
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With intent to deprive merchant of possession w/o full or part compensation of the retail value:
- takes, transfers, or causes to be, any merchandise displayed/sold by any retail merchant - alters, transfers or removes any markings aiding in value determination or attempting to purchase at less than value - transfers any merchandise from display container to another - under rings the sale OR - destroys, removes or deactivates security mechanism |
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PA - Forgery
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When, with Intent to defraud or injury - or with knowledge that he is facilitating such actions by another:
- alters any writing w/o authority - makes, completes, executes, authenticates, issues, transfers any writing so it purports to be another's act w/o authorization - or was executed at a different time or place - or was a copy w/o an original Note: writing includes stamps, seals, coins, etc. |
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PA - Bad Checks
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Issues or passes a check for payment of money knowing it w/n/b honored
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PA - Identity Theft
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Possess or use ID information of another w/o consent to further any unlawful purpose
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PA - Burglary
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Enter building or occupied structure or a separately secured or occupied portion thereof w/ intent to commit a crime therein
- unless privileged or premises are open to public at the time |
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PA - Arson
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Endangering PERSONS
- intentionally starting fire or causing explosion (or aids in) recklessly placing another in danger of death or serious bodily injury OR w/ purpose of destroying or damaging another's inhabited building or occupied structure Endangering PROPERTY - intentionally starting fire or causing explosion on his or another's property or aiding/paying AND doing so w/ intent to destroy or damage or recklessly placing it in damage or danger of destruction OR doing so w/ intent of destroying to collect insurance |
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PA - Criminal Trespass
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Buildings or Occupied Structures
- enters/gains entry be subterfuge/surreptitiously remains OR breaks into w/o privilege Defiant Trespass - enters, remains anywhere that notice against trespass is actually given/posted/likely to come to attention (or is fenced) - SO u/l school, or personal order to leave SImple Trespass = enter/remain in a place for purpose of threatening, terrorizing, or starting fire while knowing she has no privilege Agricultural Trespass = ignoring posted notices, refusing requests to leave, fencing |
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PA - Defenses to Trespass
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Property/building was abandoned
Premises open to public at the time Actor reasonably believed owner allowed him entry/remain |
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PA - Perjury
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Any official proceeding = making false statement under oath or equivalent (or affirming truth of previous statement) where statement is material and D d/n believe it to be true
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PA - Bribery
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Includes public servant, party official or voter in exchange for vote, decision, recommendation, discretion, or violation of known legal duty
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PA - Offenses Against Children
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Concealing Death of Child
- endeavors to conceal child's death to hide whether born alive or was murdered Endangering Welfare of Children = parent, guardian, or someone responsible for child 18y under who knowingly endangers child's welfare by violating duty of care, support, or protection |
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PA - Automatic Standing
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For possessory offenses
- present at time of search - possessory interest in item seized - possession essential element of P's case OR - proprietary interest in premises searched |
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PA - GF Exception to Exclusionary Rule
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Rejected!
Cannot save invalid warrant b/c it wasn't based on PC, but it was facially reasonable and officer relied in GF |
