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90 Cards in this Set
- Front
- Back
Essential Elements of Crimes |
- Act (Actus Reus) must be voluntary |
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Inchoate Crimes (preparing to commit another crime) |
- Solicitation |
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Defenses
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- Insanity |
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Omission as an act: when does failure to act give rise to liability (3-part test) |
1. there was a legal duty to act 2. D has knowledge of the facts giving rise to the duty, and 3. it is reasonably possible to perform duty
Duty arises from: statute, contract, relationship between D/P, voluntary assumption of care, or the creation of peril for the victim by the D |
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Maximum punishment for a misdemeanor |
1 year in prison
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Define a physical act
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An act is a voluntary bodily movement. Involuntary acts such as reflex or unconscious conduct do not count. |
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Three requirements for Act of Omission |
1. A legal duty to act
2. Knowledge of the facts giving rise to the duty 3. The ability to help |
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Legal duties can be created by (5):
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1. statute
2. Contract 3. Status relationship (spouse/spouse, parent/child) 4. Voluntary assumption of care 5. Creation of the peril |
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Requirements for Possession: |
(1) Control for a period of time long enough to have an (2) opportunity to terminate possession.
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Define Constructive Possession
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Close enough for D to exercise DOMINION and CONTROL over the contraband
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Common Law Mental States (4) |
1. Specific Intent |
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Define CL specific intent |
When the crime requires not just the desire to do the act, but also the desire to achieve the specific result
Additional defenses available |
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CL Specific Intent Crimes (11) Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts |
1. Solicitation: intent to solicit criminal act 5. Assault: intent to commit battery 6. Larceny: intent to permanently deprive 7. Embezzlement: intent to defraud 11. Forgery: intent to defraud |
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Define CL Malice |
When a D acts intentionally or with reckless indifference to an obvious or known risk |
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CL Malice Crimes (2)
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1. 2nd degree Murder (CL murder) |
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Define General Intent
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The D need only be generally aware of the factors constituting the crime; he need not intend a specific result. |
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CL General Intent Crimes
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ALL crimes against the person |
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Crimes against the person
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1. Battery |
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Define Strict Liability
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When the crime requires simply doing the act; NO MENTAL STATE is needed |
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CL Strict Liability crimes (2)
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1. Public Welfare offenses
2. Statutory rape |
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MPC Mental States (5)
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1. Purposely |
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Define MPC Purposely
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When it is the D's conscious object to accomplish a particular result |
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Define MPC Knowingly
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When the D is aware of what he is doing and there is a substantial likelihood that the result will occur |
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Define MPC Recklessly
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When the D is aware of a substantial and unjustifiable risk, AND consciously disregards that risk |
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Define MPC Negligently |
When the D should have been aware of a substantial and unjustifiable risk. |
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Define MPC Strict Liability |
When the crime is a violation that carries NO possibility of jail time |
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Causation needed for guilt |
BOTH Actual and Proximate causation
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Rule for Actual Causation |
a D is an actual cause if the bad result would not have happened BUT-FOR the D's conduct |
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Rule for Proximate Causation |
a D is the proximate cause if the bad result is a natural and probable consequence of the D's conduct |
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Effect of Intervening Causes on proximate cause |
D will NOT be considered the proximate cause if an UNFORESEEABLE INTERVENING EVENT causes the bad result
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Effect of Eggshell Victims on Proximate Cause
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D WILL be considered a proximate cause even if the victim's pre-existing weakness contributed to the bad result.
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CL Battery Elements
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1. The unlawful With general intent
*Force need not be applied directly (poison) |
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CL Assault Elements
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1. Intentional creation (other than by mere words) 2. attempt to commit a battery |
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Ways to elevate to Aggravated Assault and Battery
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- a deadly weapon is used; or |
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CL Murder Elements
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1. Causing Death |
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What constitutes Malice Aforethought
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- intent to kill |
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Transferred Intent
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When D intends to harm one victim, but accidentally harms a different victim instead, the intent will transfer to the new victim. |
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Define Majority First Degree Murder
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Any killing committed with
- premeditation AND - deliberation (calm and cool) |
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Define Majority Second Degree Murder
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All intentional murders that are not first degree |
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Define CL Felony Murder and Limitations
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Any killing caused during the commission of or attempt to commit an inherently dangerous felony. (even accidental) (proximate) 2. separate from the killing itself Underlying theory: Proximate (If death is proximate caused by co-felon, all liable) vs. Agency (Killing must be committed by co felon for liability) |
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CL Voluntary Manslaughter Elements
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1. An intentional killing |
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CL Requirements for Provocation |
- would arouse sudden & intense passion in the mind of a reasonable person - D was actually provoked |
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Define CL Involuntary Manslaughter
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- A killing committed with criminal negligence
OR - A killing committed during the commission of a misdemeanor or a felony that does not qualify for felony murder. |
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Define MPC Murder
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Killing committed:
-Purposefully or Knowingly OR - with extreme recklessness |
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Extreme recklessness is PRESUMED where a killing occurs in the course of (MPC) |
B - burglary |
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Define MPC Manslaughter
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Killing committed:
- Recklessly OR - purposefully or knowingly under the influence of extreme emotional disturbance (heat of passion) |
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Define MPC Criminally Negligent Homicide
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Killing committed negligently, meaning the D should have known of the substantial and unjustifiable risk of death |
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Elements of False Imprisonment
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1. The unlawful |
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Elements of Kidnapping |
1. False imprisonment |
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Factors that will elevate kidnapping to aggravated kidnapping
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1. the purpose is to collect ransom |
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Elements of Forcible Rape |
1. Sexual Intercourse |
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Elements of CL Statutory Rape |
1. Sexual Intercourse |
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MPC distinguished from CL Statutory Rape mental state
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MPC requires a mental state of negligence so that reasonable mistake as to the age can be a defense |
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Define CL Larceny
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"Thieves Picked Charlie's Pocket Inside The Airport Terminal." 2. carrying away of the 4. another with possession, without 5. consent, with the
*slightest movement of property suffices **taking property under the mistaken belief that it is yours is not CL larceny. Intent to permanently deprive must exist at the time of the taking. |
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The Erroneous Takings Rule
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A taking under claim of right is never larceny, even if the D erroneously believes the property is his. (b/c no intent to deprive/steal) |
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Continuing Trespass Rule |
1) If the D wrongfully takes property without intent to steal 2) but later forms the requisite intent, 3) the initial trespassory taking is continued and he is guilty of larceny. |
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Define CL Embezzlement
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1. Conversion of the 2. personal property of 3. another by 4. a person already in lawful possession, with 5. intent to defraud |
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Define CL False Pretenses
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1. Obtaining title to the 2. personal property of 3. another, by an 4. intentional false statement, with the 5. intent to defraud.
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Define CL Larceny by Trick
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If the D obtains only custody (not title) as a result of the intentional false statement, the crime is larceny by trick. |
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CL Robbery Elements
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1. A taking of 2. another's personal property |
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CL Forgery Elements
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1. Making or altering a writing
2. so that it is false (a fake, not just misrep) 3. With intent to defraud |
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MPC approach to property crimes
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- Combine to create THEFT |
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Define CL Burglary
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1. Breaking, and 2. entering, of a 3. dwelling of 4. another at 5. night with the 6. intent to commit a felony inside. |
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Define CL Arson
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The malicious burning of a building.
scorching--insufficient charring--sufficient |
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Rule of Accomplice Liability |
The accomplice is liable for all crimes that he aided, advised, or encouraged, with intent they be committed AND all other foreseeable crimes committed along with the aided crimes. **Members of class protected by crime they assist cannot be liable. |
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How can an accomplice WITHDRAW if he encouraged? aided?
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Encouraged - must discourage the crime before committed (repudiate)
(Contact the police) |
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Define CL Accessory After the Fact |
A party who 1. With knowledge that the crime has been committed, 2. helps the principal avoid arrest or conviction |
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Define Solicitation
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ASKING someone to commit a crime, with the intent that the crime be committed. |
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Define Conspiracy |
1. The intentional entering into an 2. agreement by 3. two or more people 4. for an unlawful purpose, 5. PLUS an overt act in furtherance of purpose. (can be a little act) |
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Wharton Rule |
When two or more people are necessary for the commission of the substantive offense, there is no conspiracy UNLESS more parties participate in the agreement than are necessary for the crime. |
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Can you have a one-person conspiracy in CL? in MPC? |
CL - no - there must be at least two convicted parties, agreement had to be real. (bi-lateral) |
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What is Pinkerton Liability?
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Vicarious liability for conspiracy. - in furtherance of the conspiracy's objectives AND |
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Define Attempt
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The overt act beyond mere preparation with the specific intent to commit the underlying crime. MPC - conduct that constitutes a substantial step towards the commission of the crime, that strongly corroborates criminal purpose. |
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Is factual impossibility a defense to attempt?
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No.
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Is legal impossibility a defense to attempt?
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Yes. |
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Merger Rule for Inchoate Offenses
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Solicitation and Attempt merge with the completed crime. |
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Define the defense of Insanity *Burden of proof |
1. D must have a mental disease or defect 2. at the time of the crime that 3. renders the D legally insane.
4. M'Naghten vs. MPC Burden of Proof (majority): D must prove insanity by a preponderance of the evidence |
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The M'Naghten Test
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D: 1. Didn't know that his act was wrong, OR 2. Didn't understand the nature and quality of his act |
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The MPC Test (Insanity)
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the D lacked the substantial capacity to either 1. appreciate the criminality of his conduct, OR 2. conform his conduct to the requirements of the law. (Out of control) |
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Voluntary Intoxication |
Self induced "prostration of the faculties so severe that D could not form specific intent." |
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CL Defense of Infancy
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"Rule of Sevens" 7U: Prosecution not allowed 14U: Rebuttable presumption against prosecution 14+: Prosecute him. |
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Mistake of FACT
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Mistake of fact negates intention, so... Specific Intent: reasonable/unreasonable Malice/General Intent: reasonable Strict Liability: no defense |
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Self-defense |
A D may use non-deadly force if 1) he reasonably believes it necessary 2) to prevent/protect against 3) imminent use of 4) unlawful force against him. A D may use deadly force if 1) he reasonably believes it necessary 2) to prevent/protect against 3) imminent threat of 4) death or serious bodily harm No initial aggressor unless he withdraws/communicates OR the victim escalates into a deadly fight. |
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Other Use of Force Defenses |
Prevent Crime: (1) Non-deadlyforce if reasonably necessary to prevent serious breachof the peace. (2) Deadlyforce may only be used to prevent a felony risking human life. Defense of Others: Same way he would defend himself
Defense of Property: Deadly force generally may not beused to defend property, but it can be used to protect your dwelling if: a) Intruder gained entry in violent manner, and b) Occupant reasonably believes deadly force is necessary toprevent personal attack on herself or someone else in dwelling. Resisting Arrest: Only if arrest unlawful, the Δ may use non-deadly force to resist officer. Cop: Officer may use deadly forceonly when reasonable under the circumstances. |
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Retreat Rule |
Majority: retreat never required
Minority: retreat required if it is safe to do so.
Even if it is required, no duty to retreat: 1. from your home, 2. if you are the victim of a rape or robbery, and 3. police officers have no duty to retreat |
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Necessity |
Defense to criminal conduct if D 1) reasonably believes 2) conduct wasnecessary to prevent a greater harm. **No causing death to protect property; AND no use where D created situation that creates a choice of evils. |
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Defense Rule of Duress
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D's conduct is excused if 1. D reasonably acted under threat 2. of imminent death or great bodily harm, 3. to himself or a family member, and 4. D didn't commit a homicide
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Define Entrapment |
The Defendant has a defense to a crime committed if, 1. The criminal design originated with law enforcement, and 2. the defendant was not predisposed to commit the crime |
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Withdrawal from conspiracy |
No withdrawal from conspiracy once it's locked in. To withdraw from future crimes of the conspiracy, D must 1) Affirmatively notify co-cons of withdrawal, and 2) Try to neutralize the crime. (Snitch) |
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Involuntary intoxication |
Defense to all crimes Intoxication resulting from taking intoxicant 1. w/o knowledge of nature, or 2. under direct duress, or 3. pursuant to medical advice while unaware. Treated as insanity |