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7 Cards in this Set
- Front
- Back
What satisfies the "malicious" requirement for arson?
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1) Intentional
2) Reckless (General intent crimes require at least recklessness) |
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What are the elements of attempt?
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1) an intent to commit the target offense
2) a substantial step in the furtherance of the crime |
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Does DJ prohibit prosecution after dismissal of an initial charge?
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No - DJ only attaches when there has been a final judgment (such as conviction or acquittal). A dismissal of an initial charge does NOT constitute a final judgment.
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What is involuntary manslaughter?
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Unintentional killing resulting from D's gross or wanton negligence.
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What is the causal requirement for felony robbery?
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Death must be the foreseeable and natural result of the felony. Depends on whether the D's felony dictated his conduct which led to the homicide (eg killing a cop who stops you while fleeing the scene of a arson)
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When is duress a defense?
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Arson, kidnapping, robbery, burglary. Duress might also be a defense to felony-murder if it negates the underlying felony.
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What are the elements of accomplice?
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1) gives assistance or encouragement or fails to perform a legal duty to prevent the crime
2) with the intent to promote or facilitate commission of the crime. |