Criminal Law

Front 1

Criminal Merger

Back 1

1. Solicitation or Attempt into Completed Crime
2. Lesser Included Offenses into Greater Offenses

Front 2

Specific Intent

Back 2

First Degree Murder, Assault, Theft Crimes, Solicitation, Attempt and Conspiracy
*voluntary intoxication and unreasonable mistake of fact apply only to specific intent crimes.

Front 3

Malice

Back 3

Common Law Murder and Arson. Must show defendant recklessly disregarded an obvious or high risk that a particular harmful result would occur.

Front 4

General Intent

Back 4

Defendant must be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present.

Front 5

Accomplice

Back 5

person who, with the intent that the crime be commited, aids, counsels, or encourages the principal before or during the commission of the crime.

Front 6

Accomplice Intent

Back 6

given aid, enouragement, etc. with teh intent to aid or encourage the principal in the commission of the crime.

Front 7

Accomplice Liability

Back 7

Liable for the crimes he counseled adn for any other crimes committed int eh course of committing the crime contemplated, as long as the other crimes were probable adn foreseeable.

Front 8

Accomplice Withdrawal

Back 8

One who has rendered encouragement or aid to another may avoid liability if he withdraws from the crime before it's comitted.
*must occur before crime becomes unstoppable

Front 9

Solicitation

Back 9

Inciting, counseling, advising, inducing, urging, or commanding another to commit a felony with the specific intent that the person solicited commit the crime. Complete at the time the solicitation is made. No need for other party to agree.

Front 10

Defenses of Solicitation

Back 10

1. Impossiblity is NOT a defense.
2. Can't withdraw after made
3 Exemption from Intended Crime.

Front 11

Conspiracy

Back 11

No merger with completed crime. Elements:
1. Agreement between two or more persons.
2. Intent to enter into an agreement.
3. Intent to achieve the objective of the agreement.
*specific intent crime (intent to agree and intent to achieve objective)

Front 12

Defenses to Conspiracy

Back 12

1. Impossiblity is NOT a defense
2. Withdrawal is NOT a defense. Complete when agreement is made

Front 13

Attempt

Back 13

Act that, done witht the intention of committing a crime, falls short of completingthe crime. Elements:
1. Specific Intent to commit crime
2. Overt act in furtherance of that intent

Front 14

Defenses to Attempt

Back 14

1. Legal Impossibility of Success (the things taht defendant does or intends to do would not actually be a crime).
2. Abandonment (withdrawal) only if: it is fully voluntary adn it is complete abandonment.
*if charged with only attempt, cannot be charged with completed crime.

Front 15

Insanity

Back 15

Three Tests:
1. M'Naghten Rule
2. Irresistible Impulse
3. Durham

Front 16

M'Naghten Rule of Insanity

Back 16

1. Disease of the mind
2. Caused a defect of reason
3. Such that the defendant lacked the ability at the time of his actions to either: (i) know the wrongfulness of his actions or (ii) understand the nature and quality of his actions.

Front 17

Examples where M'Naghten would apply

Back 17

1. Defendant with delusions
2. Belief Acts are morally right
3. Inability to control oneself

Front 18

Irresistible Impuse Test of Insanity

Back 18

Proof establishes that because of mental illness, defendant was unable to control his actions or to conform his conduct to the law.

Front 19

Durham Test of Insanity

Back 19

Froof establishes taht defendant's crim was the "product of mental disease or defect". (would not have been committed but for disease).

Front 20

Intoxication

Back 20

Voluntary or Involuntary. Evidence of intoxication may be raised whenever the intoxication negates the existence of an element of a crime.

Front 21

Voluntary Intoxication

Back 21

Can be used against specific intent crimes only. Usually not against general intent crimes. Not available if def purposely becomes intoxicated in order to establish the defense.

Front 22

Involuntary Intoxication

Back 22

results from taking of an intoxicating substance without knowledge, under duress, or pursuant to medical advice. Treated as mental illness.

Front 23

Infancy

Back 23

Under Seven - no criminal liability
Under Fourteen - Rebuttable presumption of no criminal liability.
Over Fourteen - treated as adult.

Front 24

Self Defense with Nondeadly Force

Back 24

Individual who is w/o fault may use such force as reasonably appears necessary to protect herself from the imminent use of unlawful force upon herself. no duty to retreat first.

Front 25

Self Defense with Deadly Force

Back 25

Person w/o fault is confronted with unlawful force and she is threatened with imminent death or great bodily harm. No duty to retreat (especially in home, police officer, robbery)

Front 26

Regain right to use deadly force

Back 26

Defendant may regain their right to self defense if:
1. Withdrawal - stops action and communicates that to victim
2. Sudden Escalation - victim suddenly escalates a minor fight into deadly force.

Front 27

Defense of a Dwelling

Back 27

NO DEADLY FORCE

Front 28

Mistake of Fact (criminal defense)

Back 28

defendant did not have the state of mind required for the crime
*must be reasonable for everything but specific intent

Front 29

Consent

Back 29

1. Consent was voluntarily adn freely given
2. Legal capacity to consent
3. No fraud involved