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42 Cards in this Set
- Front
- Back
Define act and give some examples that wouldn't be considered to be acts--criminal law
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Any bodily movement that is voluntary.
e.g., non-voluntary: reflexive convulsion, an act while unconscious, an act while asleep. |
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What are the four common law mental states?
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(1) specific intent;
(2) malice; (3) general intent; and (4) strict liability. |
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Name the specific intent crimes
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(1) Inchoate offenses (solicitation, attempt, consp.)
(2) first degree murder; (4) assault; (5) larceny; (6) embezzlement; (7) false pretenses; (8) robbery; (9) burglary; and (10) forgery. (I Fu**ed A Lady's Elephant For Raw Beef Food) |
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What are the malice crimes?
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Murder and arson
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What is an accomplice and what is their liability?
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An accomplice is one who aids, advises, or encourages the principal in the commission of the crime charged.
It is a specific intent crime. They are liable for the crime itself and all other foreseeable crimes. |
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How does an accomplice withdraw?
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(1) repudiation; and
(2) does everything to neutralize the assistance. Alt.-contact police. |
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Define solicitation
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Asking someone to commit a crime. (if agree then consp.)
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Define conspiracy and how far liability extends
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An agreement, with an intent to agree, and an intent to pursue an unlawful objective. An overt act is required (mere prep. is enough) unless jur. follows minority common law.
A co-conspirator is liable for all the crimes committed by the co-conspirator in furtherance of the conspiracy and were foreseeable. |
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Can one be guilty of conspiracy if the other co-conspirator is feigning?
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MPC unilateral--yes
Common law--no |
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Can you withdraw from a conspiracy?
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No, unlike accomplice liability, However, co-conpirator will no be liable for the subs. crimes if withdraws.
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Define attempt
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(1) specific intent plus (2) overt act that is a substantial step; (3) to the furtherance of a crime.
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Define the M'naghten test for insanity
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Defendant lacked the ability to know the wrongfulness of his action or understand the nature and quality of his actions.
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Define irresistible impulse test
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Defendant lacked the capacity for self control and free choice
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Define the Durham rule
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Defendant's conduct was a product of mental illness
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MPC's test for insantity
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Defendant lacked the ability to conform his conduct to the requirements of the law.
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Rule of 7s criminal liability (note-same as torts common law)
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Under 7--no crim. liability lack of capacity
Under 14 rebuttable presumption of no criminal liability |
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Define duress--criminal alw
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The person acts under the threat of imminent infliction of death or great bodily harm to themselves or a third person, and that belief is reasonable. (no defense to homicide).
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Define necessity--criminal law
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Conduct that would otherwise be criminal is justified if, as a result of pressure from natural forces, the defendant reasonably believes that his conduct was necessary to avoid a greater societal harm.
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When is mistake of fact a defense?
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Specific intent-always
General intent-only if reasonable Malice-only if reasonable Strict liability-never |
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Requirements for entrapment
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(1) the criminal design originate with law enforcement officers and
(2) the defendant was not predisposed to commit the crime. |
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Define battery
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The unlawful application of force to a person resulting in harmful or offensive touching
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Define assault
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An attempt to commit a battery or the intentional creation of a reasonable apprehension of imminent bodily harm.
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What makes assault aggravated assault?
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Assault gets aggravated when you have a dangerous weapon, or try to rape, mame, or murder assault.
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Define murder
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The unlawful killing of another human being with malice aforethought. Such a state of mind exists if there is:
(1) intent to kill; (2) intent to inflict serious bodily harm; (3) reckless indifference to an unjustifiably high risk to human life; or (4) intent to commit a felony. |
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Causation requirements
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Actual (but for) and proximate (foreseeability)
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Define first-degree murder
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A premeditated killing (spec. intent)
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Define felony murder
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Any killing committed during the course of a felony
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Limits on felony murder
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(1) defense to underlying felony relieves liability for felony murder;
(2) deaths must be foreseeable (causation); (3) the defendant reached a place of temporary safety before the death resulted; (4) death of a co-felon; (5) agent jurisdiction-deaths not caused by the felon's actions |
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Define second-degree murder
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A depraved heart murder. It is done with reckless indifference to an unjustifiably high risk to human life.
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Define voluntary manslaughter and the limits on it
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A killing in the heat of passion from an adequate provocation by the victim.
Limits: (1) prov. must be adequate to an ordinary person; (2) there must not have been time to cool off; and (3) the defendant in fact must have not cooled off. |
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Define involuntary manslaughter
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(1) a killing of "criminal" negligence or (2) misdemeanor manslaughter (i.e., killing someone while committing an enumerated felony)
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Define false imprisonment--criminal law
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The unlawful confinement of a person without his valid consent.
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Define kidnapping
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Confinement of a person with (1) some movement or (2) concealment in a secret place.
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Larceny elements--criminal law
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(1) A wrongful taking; (2) asportation; (3) of property of another by trespass; (4) with intent to permanently deprive. (specific intent).
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Define continuing trespass
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A wrongful taking of property where a person originally intends to return the item but then decides to keep the property.
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Define embezzlement
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The fraudulent conversion of property of another. (embezzler has lawful possession)
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Define false pretenses--crim law
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The defendant persuades the owner of property to convey title by false pretenses. (dist. from larceny by trick that is mere possession. Remember larcenies are possession only)
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Define robbery
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(1) A wrongful taking; (2) asportation; (3) of property of another by trespass; (4) by threat or fear; (5) with intent to permanently deprive the owner of possession (specific intent).
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Define extortion
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Knowingly seeking to obtain property or services by means of a "future" threat.
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Define burglary
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Breaking and entering the dwelling of another at night with the intent to commit a felony there-in.
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Define arson
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The malicious burning of the dwelling of another
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MPC abandonment requires for attempt
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(1) voluntary; and (2) complete.
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