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25 Cards in this Set
- Front
- Back
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3 Types of Inchoate Crimes |
Attempt Conspiracy Solicitation |
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Attempt |
Intent and Overt Act required, or take substantial steps towards completing the crime.
Merges into completed crime. |
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Conspiracy |
Intent, agreement between 2 people to commit a crime. MPC - Unilateral theory of conspiracy (only 1 needs to have intent) Co-Conspirator Rule- Once two or more agree, all co-conspirators will be guilty of any crime the other co-conspirator does in furtherance of the crime. *Conspiracy stands alone, no merger.
*Cannot withdrawal from conspiracy, but can from co-conspirators' subsequent crimes if notice to all other conspirators. |
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Solicitation |
Specific intent.
Encourage or entice another to commit a crime.
Merges into completed crime (common Law)
No withdrawal. |
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Burglary |
Breaking and entering of the dwelling of another, at night, with the INTENT to commit a felony therein. |
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Larceny |
Trespassory taken and carrying away of the personal property of another with INTENT to permanently deprive. |
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Robbery |
Intentional trespassory taking of the personal property of another by Force, Fear, or intimidation. |
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Assault |
Specific Intent to commit a battery OR
Place another in imminent apprehension of a harmful or offensive contact. |
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Embezzlement |
Initially in lawful possession with permission, then convert to own use (sell it, destroy it).
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False Pretenses |
Obtaining title by misrepresentation of fact.
Money (cash) = Title |
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Larceny by Trick |
Taking possession by misrepresentation of fact (lying). |
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4 types of General Intent Crimes |
Battery Arson Rape Kidnapping |
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Battery |
Unlawful application of force |
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Arson |
Malicious burning of the dwelling of another |
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Rape |
Need |
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Kidnapping |
Need |
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Accomplice Liability (Accessory Before the Fact) |
Aid, abet or help someone achieve the crime.
Can be guilty of the underlying crime. |
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Accessory after the fact |
Know of completed crime and do something to stop arrest or conviction.
Not guilty of the underlying crime. |
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5 Types of defenses to crimes |
Intoxication Insanity Mistake Legal impossibility Factual impossibility |
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Defense of Intoxication |
Applies to Specific Intent Crimes.
If drunk, can't form intent |
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Involuntary intoxication |
Defense to both General and Specific intent |
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Insanity |
MBE - McNaughton Test: Can't appreciate nature or quality of what I was doing. You don't know it's wrong. |
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Mistake |
Specific Intent Crimes - Any mistake
General Intent Crimes - Must be reasonable mistake |
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Legal impossibility |
No matter what def. did, it did not amount to a crime. |
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Factual impossibility |
Facts were not what I thought, but still committed crime. No defense. |
