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55 Cards in this Set

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  • Back

Omission as an Act

Failure to act gives rise to liability only if:

(i) there is a legal duty to act;

(ii) the defendant has knowledge of the facts giving rise to the duty to act; AND

(iii) it is reasonably possible to perform the duty

Specific Intent Crimes

a. Solicitation

b. Attempt

c. Conspiracy

d. First degree premeditated murder

e. Assault

f. Larcency and Robbery

g. Burglary

h. Forgery

i. False pretenses

j. Embezzlement

General Intent Crimes

a. Battery

b. Rape

c. Kidnapping

d. False Imprisonment

Malice Crimes

a. Common Law Murder

b. Arson

Strict Liability

a. Statutory Rape

b. Selling liquor to minors

c. Bigamy


when it is actor's conscious object to engage in certain conduct or cause a certain result


A person acts knowingly with respect to the nature of his conduct when he is aware that his conduct is of a particular nature or that certain circumstances exist.


A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow.


when he fails to be aware of a substantial and unjustifiable risk, where such failure is a substantial deviation from the standard of care. Objective standard.


Person who aids or encourages principal to commit the illegal conduct.

Liable if he intended to aid or encourage crime.

Accessory after the fact

Person who aids another to escape knowing that he has committed a felony.

Liable for separate, less serious crime of being an accessory after the fact.

Members of protected class

Excluded from liability.


A person who withdraws cannot be held guilty as an accomplice. Must occur before the crime is unstoppable.

(i) Repudiation is sufficient for mere encouragement

(ii) Attempt to neutralize assistance required if participation beyond encouragement


Inciting, counseling, advising, urging, or commanding another to commit a crime with the intent that the person solicited commit the crime.

Defense if: part of protected class (e.g. minor prostitute)


(i) agreement b/w two or more persons

(ii) intent to enter into the agreement; and

(iii) an intent by at least two persons to achieve the OBJ of the agreement.

Requires overt act in most states (mere preparation will suffice)

Agreement Requirement

Modern: Unilateral. only one party must have genuine criminal intent.

Traditional: Bilateral. Must have two guilty minds.

Wharton Rule

Where two or more people are necessary for the commission of the substantive offense (e.g. adultery, dueling), there is no crime of conspiracy unless more parties participate in the agreement than are necessary for the crime.


Effect of acquittal of some conspirators

Traditional: the acquittal of all persons with whom the D is alleged to have conspired precludes conviction of the remaining D.

In some modern jurisdictions following this rule, the D's conviction is allowed to stand if his conspirator is acquitted in a separate trial.

Termination of Conspiracy

Usually terminates upon completion of the wrongful OBJ.

Liability for Co-Conspirator's Crimes

Liable if the crimes (i) were committed in furtherance of the OBJs of the conspiracy and (ii) were foreseeable.

Defenses to Conspiracy

Factual impossibility NOT a defense.

Withdrawal: NOT a defense to the conspiracy, but may be a defense to crimes committed in furtherance of the conspiracy.


The solicitor cannot be punished for both the solicitation AND the attempt / conspiracy / crime.


An act, done with intent to commit a crime, that falls short of completing the crime.

Proximity test: act must come dangerously close to successful completion.

MPC: "substantial step" in course of conduct planned to culminate in crime.

Cannot attempt crimes of negligence or recklessness.

Defenses to ATTEMPT

Factual impossibility NOT a defense.


Common law: no defense

MPC: a fully voluntary and complete abandonment is a defense.

May NOT be convicted of BOTH completed crime and attempt.

M'Naughten Rule

D entitled to acquittal if (a) a disease of the mind; (ii) caused a defect of reason; (iii) such that the D lacked the ability at the time of his actions to either know the wrongfulness of his actions or understand the nature and quality of his actions.

Irresistible Impulse Test

D entitled to acquittal only if, because of mental illness, he was unable to control his actions or conform his conduct to the law.

Durham (NH) Test

If the crime was the product of his mental illness (i.e. crime would not have been committed but for the disease.

MPC / ALI Insanity Test (modern trend)

D entitled to acquittal if he had a mental disease or defect and, as a result, he lacked the substantial capacity to either: (i) appreciate the criminality of his conduct; or (ii) conform his conduct to the requirement of the law.


Voluntary: voluntary, intentional taking of a substance known to be intoxicating.

IS a defense to crimes which require purpose (intent) or knowledge if the intox prevented the D from formulating the purpose or obtaining the knowledge.

NO defense for general intent or reck/neg.


<7: no liability

< 14: rebuttable presumption that child was unable to understand wrongfulness of acts

>14: treated as adults.

Modern: usually cannot be convicted under 13 or 14.

CAN be delinquent in fam/juv courts.

SELF-DEFENSE: non-deadly

Non-deadly force: may use such force person reasonably believes nec. to protect herself from imminent use of unlawful force upon herself. NO duty to retreat.


(i) w/o fault; (ii) confronted with unlawful force; and (iii) reasonably believes that she is threatened with imminent death or great bodily harm.


It is a dDefense to crimes other than homicide that the defendant reasonably believed that another person would inflict death or great bodily harm upon him or a member of his family if he did not commit the crime.

Mistake of Fact

Specific intent: mistake must be reasonable.

General intent: mistake may be reasonable or unreasonable.


Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching. Need not be intentional.

Aggravators: deadly weapon, serious bodily harm, or child/woman/police.



(i) an attempt to commit a battery or

(ii) the intentional creation - other than by mere words - of a reasonable apprehension in the mind of the victim of imminent bodily harm.


Common law: dismemberment or disablement of body part.

Modern trend: aggravated battery.

MURDER (common law)

The unlawful killing of another human being with malice aforethought:

(i) intent to kill

(ii) intent to inflict great bodily injury

(iii) reckless indifference to or an unjustifiably high risk to human life (depraved heart)

(iv) intent to commit a felony.


A killing that would be murder but for the existence of adequate provocation.

Adequate if:

(i) sudden and intense passion

(ii) in fact provoked

(iii) not sufficient time for cool down

(iv) no cool down


Killing committed with criminal negligence (or recklessness under MPC) - or, in some states which don't have felony murder, during the commission of an unlawful act.


Any death caused in the commission of, or in an attempt to commit, a felony is murder.


The unlawful confinement of a person without his valid consent. MPC requires that confinement interfere substantially with victim's liberty.


Unlawful confinement of a person that involves (i) some movement of the victim, or (ii) concealment of the victim in a secret place.


Unlawful penetration without consent:

(i) force

(ii) threats of great and immediate bodily harm

(iii) victim incapable of consent b/c of unconsciousness, intoxication, or mental condition; OR

(iv) the victim is fraudulently caused to believe that the act is not intercourse


(i) a taking

(ii) and carrying away

(iii) of tangible personal property

(iv) of another

(v) by trespass

(vi) with intent to permanently deprive


(i) the fraudulent

(ii) conversion

(iii) of personal property

(iv) of another

(v) by a person in lawful possession of that property


(i) obtaining title

(ii) to the personal property of another

(iii) by an intentional false statement of a past or existing fact

(iv) with intent to defraud the other


Larceny where the victim is tricked - by a misrepresentation of fact - into giving up mere custody of property.


(i) a taking

(ii) of personal property of another

(iii) from the other person's presence

(iv) by force or threats of immediate death of physical injury to the victim, a member of his family, or some person in the victim's presence.


The obtaining of property by means of threats to do harm or expose information.


(i) receiving possession and control

(ii) of stolen personal property

(iii) known to have been obtained in a manner constituting a criminal offense

(iv) by another person

(v) with the intent to permanently deprive the owner of his interest in it


(i) making or altering (by drafting, adding, or deleting)

(ii) a writing with apparent legal significance (e.g. a contract, not a painting)

(iii) so that it is false; i.e. representing that it is something that it is not, not merely containing a misrepresentation (fake, not inaccurate)

(iv) with intent to defraud


(i) the malicious

(ii) destruction of or damage to

(iii) the property of another

The damage or destruction must have been intended or contemplated by the Defendant


(i) a breaking (creating/enlarging opening by force, fraud, or intimidation)

(ii) and entry (breaking the plane)

(iii) of a dwelling (sleeping purposes)

(iv) of another

(v) at Nighttime

(vi) with the intent to commit a felony w/in the structure


(i) the malicious (intentional or reckless)

(ii) burning (requires damage - charring)

(iii) of the dwelling

(iv) of another