Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
35 Cards in this Set
- Front
- Back
|
Causation
|
Person is criminally responsible if the result would not have occurred but for his conduct (operating alone or with someone)
Unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor was clearly insufficient |
|
|
Medical Malpractice
|
Simple negligence does not count as an intervening cause (because it is reasonably foreseeable)
Gross negligence is unforeseeable, thus an intervening cause |
|
|
Rape Shield Law
|
Determination of this is don IN CAMERA
Reputation or opinion evidence of the victim's past sexual behavior is not admissible Evidence of specific instances of victim's past sexual history is not admissible unless: --necessary to explain/rebut evidence offered by the state --reflects past sexual behavior with the D and is offered by the D for purposes of proving consent --its probative value outweighs the danger of unfair prejudice |
|
|
Sexual Assault (Adult)
|
Must have:
-Consent -INTENTIONALLY or KNOWINGLY -Penetration of anus or sexual organ by any means -Penetration of mouth with other's sexual organ -Contact of 3d person's sexual organ with victim's sexual organ |
|
|
Sexual Assault (Child)
|
Child = < 17 Years old
Person does not have to have intent of having sex with a child, just because they look older does not mean they are not liable WHETHER OR NOT THERE IS CONSENT DOES NOT MATTER -INTENTIONALLY or KNOWINGLY -Penetration of sexual organ of child by any means -Penetration of child's mouth with sexual organ of actor -Child's sexual organ to contact other's sexual organ including actor -Anus of child to contact other's sexual organ including actor -Mouth of child to contact other's sexual organ including actor |
|
|
Sexual Assault (Without Consent)
|
P - Physical force or violence
U - Unaware sexual assault is occurring M - Mental disease or defect P - Physically unable to resist or unconscious I- Intentionally Impaired T - Threatening force or violence (against them, 3d person, or anyone and the victim has belief that actor has ability to execute the threat) |
|
|
Lopez
|
Not a defense that the person reasonably believed the person consented
|
|
|
Statutory Rape
|
Having sex with a child < 17 years old
|
|
|
Statutory Rape (Affirmative Defense)
|
High School Romance Exception:
-If victim is 14 to 17 -D is within 3 years of age of the victim -Cannot be with someone prohibited from being married (i.e. cousins) |
|
|
Sexual Assault (Affirmative Defenses Cont.)
|
That the person was the spouse of the child
|
|
|
Aggravated Sexual Assault
|
Sexual Assault
-Aggravating Factors ---Causing death or serious bodily injury ---Acts/words/threatens victim in fear imminently of death, serious bodily injury, kidnapping of any person ---Exhibits deadly weapon ---Acts in concert with another ---drug to facilitate commission ---All in the same criminal episode -Victim is less than 14 years old -Victim is 65 or older or disabled |
|
|
Aggravated Sexual Assault (Punishment)
|
1st Degree Felony
|
|
|
Inchoate Offenses
|
Punishment is reduced by 1 level of the target offense
CANNOT COMBINE INCHOATE OFFENSES |
|
|
Inchoate Offenses
|
Intent + some conduct towards commission of the target offense
Attempt or conspiracy to commit, solicitation of a preparatory offense is NOT an offense |
|
|
Criminal Attempt (General)
|
Acts/Conduct must be more than mere thoughts
Must take steps towards commission of the target offense More than mere preparation Cannot attempt a strict liability crime (you must have specific intent) One person CAN commit a criminal attempt |
|
|
Criminal Attempt
|
Specific intent
-Act of more than mere preparation -Fails to effect commission of the intended offense -If attempting an aggravated offense, it constitutes an attempt to commit that aggravated offense if and element that constitutes aggravation accompanies the attempt -it is NO defense that the target offense was actually committed |
|
|
Criminal Attempt
|
Can be for misdemeanor or felony
|
|
|
Criminal Attempt (Impossibility Defense)
|
LEGAL IMPOSSIBILITY:
-where D's actions could not possibly have constituted the commission of the "target" offense ---even when D thinks his actions could constitute the crime |
|
|
Criminal Attempt (Impossibility NOT a Defense)
|
FACTUAL IMPOSSIBILITY:
-D attempts to commit the crime, but some factual thing makes it t where he cannot |
|
|
Criminal Attempt (Renunciation)
|
jk
|
|
|
Criminal Solicitation
|
Only for Capital or 1st Degree Felony:
-Request, command, or attempt to induce another to engage in specific conduct -that conduct must be believed by the actor to be a felony -Must have more than 1 Person Cannot be convicted on the uncorroborated testimony of the person allegedly solicited -UNLESS: corroborated of solicitation itself and actor's intent that the other person act |
|
|
Criminal Solicitation (No Defense)
|
-that person solicited is not criminally responsible for the felony solicited
-acquitted, has not been prosecuted, has been convicted of different offense, or of a different type of class of offense, or is immune from prosecution |
|
|
Criminal Conspiracy
|
Must be for a FELONY (of any kind)
-At least two co-conspirators -Must have an Overt Act -Agreement may be inferred by the parties ---Can be charged with target offense and inchoate offense |
|
|
Criminal Conspiracy (No Defense)
|
-that person solicited is not criminally responsible for the object offense
-One or more of the co-conspirators has been acquitted, has not been prosecuted, has been convicted of different offense, or of a different type of class of offense, or is immune from prosecution -actor belongs to a class of persons legally incapable of commission -Object offense was actually committed |
|
|
Pinkerton Rule
|
All co-conspirators are liable for the acts of other co-conspirators when acted in furtherance of the conspiracy
There is no knowledge requirement Jusitifications?? |
|
|
Bilateral Concept
|
Must have meeting of the minds of at least two people to have a conspiracy
|
|
|
Rule of Consistency
|
Must have at least two people to prosecute D for criminal conspiracy
|
|
|
Wharton's Rule
|
When target offense is describe to where it can ONLY be committed by two people, it cannot be a conspiracy
|
|
|
Wharton's Rule (Exception)
|
There is a 3d party
--i.e. there are more people needed there than to commit the crime |
|
|
Conspiracy Cont.
|
Knowledge of the crime, and presence at the commission of the crime is not enough to establish conspiracy
|
|
|
Withdrawal
|
D is not liable for subsequent offenses of the conspiracy after he withdraws
|
|
|
Renunciation (Attempt)
|
AFFIRMATIVE DEFENSE
-Voluntary and complete renunciation by -abandon criminal act -if abandonment does not stop, take affirmative steps to stop |
|
|
Renunciation (Conspiracy or Solicitation)
|
AFFIRMATIVE DEFENSE
-Voluntary and complete renunciation -of objective -affirmative steps to stop the objective |
|
|
Renunciation (Not Voluntary)
|
Circumstances not present have come about that increase the probability of detection or make the act more difficult to to accomplish
-Postponement of act -Transfer of act to similar but different victim or objective |
|
|
Renunciation (Mitigating factor)
|
Can be used a mitigating factor if the person is found guilty of solicitation, attempt, conspiracy
|
