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7 Cards in this Set

  • Front
  • Back
What satisfies the "malicious" requirement for arson?
1) Intentional
2) Reckless

(General intent crimes require at least recklessness)
What are the elements of attempt?
1) an intent to commit the target offense

2) a substantial step in the furtherance of the crime
Does DJ prohibit prosecution after dismissal of an initial charge?
No - DJ only attaches when there has been a final judgment (such as conviction or acquittal). A dismissal of an initial charge does NOT constitute a final judgment.
What is involuntary manslaughter?
Unintentional killing resulting from D's gross or wanton negligence.
What is the causal requirement for felony robbery?
Death must be the foreseeable and natural result of the felony. Depends on whether the D's felony dictated his conduct which led to the homicide (eg killing a cop who stops you while fleeing the scene of a arson)
When is duress a defense?
Arson, kidnapping, robbery, burglary. Duress might also be a defense to felony-murder if it negates the underlying felony.
What are the elements of accomplice?
1) gives assistance or encouragement or fails to perform a legal duty to prevent the crime

2) with the intent to promote or facilitate commission of the crime.