Term
Basic Elements of a Crime |
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Definition
1. Voluntary act (actus reus) 2. Culpable Intent (mens rea) 3. Concurrence between mens rea and actus reus 4. Causation of harm |
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Definition
Greatest good for greatest number. Want to reduce future crimes, deter criminals and society. |
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Term
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Definition
Punish moral culpability. There is no wanting to reduce crime. |
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Term
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Definition
1. Death 2. Criminal agency is cause of death 3. AND the person charged is person who committed crime. |
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Term
Intent to kill (malice aforethought) |
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Definition
1. desire to kill OR 2. substantially certain death will occur |
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Term
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Definition
1. killing 2. during commission or attempt of another felony. Felonies: F-BARRK |
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Term
Independent Felony/Merger Limitation |
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Definition
felony murder rule only applies if predicate felony is independent of homicide. If not, then felony merges w/ homicide and cannot serve as basis for felony murder. |
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Term
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Definition
Extreme indifference to human life |
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Term
Intent to cause great bodily harm Murder |
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Definition
example: A hits B in knee caps w/ baseball bat, which causes B to die. |
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Term
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Definition
1. unintentional killing 2. criminal negligence Example: A shoots B w/ gun he truly believed was not loaded. |
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Term
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Definition
1. Intent to kill 2. committed in heat of passion (would cause reasonable person to loose control) 3. Legally sufficient provocation (something reasonable person could not handle) 4. No cooling off period |
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Term
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Definition
1. Willful, deliberate, and premeditated (lying in wait, poisoning, etc) 2. Felony murder (F-BARRK) |
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Term
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Definition
1. intent to cause great bodily harm murder 2. depraved heart murder 3. felony murder (other dangerous felonies). |
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Term
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Definition
1. Purposely (conduct w/ intent to cause death of another) OR 2. Knowingly (conduct w/ knowledge that death of another is practically certain) OR 3. Reckless + (conscious disregard of substantial and unjustifiable risk that death will result w/ extreme indifference to human life) |
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Term
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Definition
extreme indifference to human life during commission of F-BARRK felonies where death occurs |
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Term
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Definition
1. Conscious disregard of substantial and unjustifiable risk that death will result from conduct 2. OR Occurred as a result of EMED for which there is a reasonable explanation (could be subjective or objective) |
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Term
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Definition
1. D should be aware conduct will result in substantial and unjustifiable risk of death 2. AND conduct involves gross deviation from reasonable person standard. |
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Term
Common Law Rape (general intent) |
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Definition
1. Unlawful Carnal Knowledge 2. w/ a female 3. by force 4. against her will 5. mens rea (intent to complete penetration) |
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Term
Common Law Statutory Rape (strict liability) |
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Definition
1. unlawful carnal knowledge 2. w/ a girl 3. under a certain age (<10 at common law) 4. Even if she consents |
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Term
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Definition
1. penetration 2. w/ victim 3. resistance not necessary 4. w/o permission 5. Mens rea (intent to penetrate) |
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Term
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Definition
1. Harmful or Offensive contact 2. intent OR criminal negligence (like KOSC) 3. Causation |
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Term
Attempted Battery Assault |
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Definition
1. Intent (no criminal negligence) 2. to cause harmful or offensive contact 3. Contact does not occur (V does not need to be aware) |
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Term
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Definition
1. Intent or criminal negligence (like KOSC) 2. to cause apprehension of harmful or offensive contact 3. V experiences apprehension (V must be aware) |
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Term
Common Law Kidnapping (general intent) |
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Definition
1. Forcible movement or secret confinement 2. against victim's will 3. w/o lawful authority 4. Intent to cause movement or secret confinement |
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Term
Kidnapping by natural adoptive parent (specific intent) |
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Definition
1. Take/retain child >24 hours 2. away from parent/legal guardian who has custody/parenting rights |
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Term
Common Law Burglary (specific intent) |
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Definition
1. Breaking 2. Entering 3. Dwelling 4. of another 5. at nighttime 6. w/ intent to commit felony or larceny |
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Term
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Definition
any structure used for human habitation and any outbuildings w/ in curtilage. |
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Term
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Definition
1. Malicious 2. Burning 3. Dwelling 4. of another |
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Term
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Definition
Intent or reckless disregard (objective, reasonable person standard) |
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Term
Common Law Larceny (specific intent) |
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Definition
1. trespassory (w/o consent of possessor) 2. taking (securing dominion) 3. Asportation 4. personal property 5. of another 5. intent to permanently deprive |
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Term
Forms of Trespassory taking |
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Definition
1. Taking 2. Obtain consent by fraud (larceny by trick) OR 3. Mistake (know about mistake and don't say anything) |
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Term
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Definition
Has restricted right of possession |
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Term
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Definition
Reasonably unrestricted possession |
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Term
Common Law Embezzlement (specific intent) |
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Definition
1. Fraudulent (under false pretenses) 2. conversion (manner inconsistent w/ entrusted arrangement. 3. of property 4. of another 5. by one who is already in lawful possession 6. intent |
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Term
False Pretenses (specific intent) |
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Definition
1. False representation (misrepresentation to matter of fact) 2. of a material present or past fact 3. Causes victim to pass title of property to D 4. Intent |
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Term
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Definition
1. trespassory 2. taking (securing dominion) 3. asportation 4. personal property 5. of another 6. w/ intent to permanently deprive 7. taken from person or person's presence 8. w/ force or fear of bodily injury |
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Term
When do you have a legal duty to act? |
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Definition
1. statute (income tax, reporting accident) 2. K w/ obligation to act (lifeguard, nurse) 3. Special relationship (parent, spouse) 4. Voluntary assumption (beginning rescue) |
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Term
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Definition
D must commit sufficient overt act beyond mere preparation Merges into completed defense. |
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Term
MPC Test for Attempt (majority) |
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Definition
act or omission of act must be a substantial step in course of conduct planned to culminate in commission of crime. |
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Term
Common Law Test for attempt (minority) |
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Definition
conduct is w/in dangerous proximity of success. |
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Term
Actions considered to be attempt |
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Definition
following, lying in wait, surveillance of location where crime will be committed, possession of materials necessary for commission, attempting to coerce V to place where crime will be committed |
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Term
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Definition
Not a defense to attempt. Intended goal is crime, but not committed due to factual mistake unknown to D. |
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Term
Inherent Factual Impossibility |
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Definition
Method used to accomplish crime was one that a reasonable person would view as completely inappropriate for goal (may be a defense) |
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Term
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Definition
Non-crime w/ guilty conscious. Example: A produces alcohol just after prohibition has been repealed, but A thinks he is breaking law. |
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Term
Hybrid Legal Impossibility |
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Definition
illegal act, but does not meet all elements Example: A shoots B, but B is already dead. |
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Term
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Definition
If a D has required intent and gone beyond mere preparation, he may not escape liability. |
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Term
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Definition
could be a defense if fully voluntary and there is complete abandonment. |
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Term
Solicitation (specific intent) |
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Definition
1. D invites, requests, commands, hires, or encourages 2. another 3. to engage in criminal activity or breach peace 4. intent Merges into crime/attempt |
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Term
Common Law Conspiracy (specific intent) |
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Definition
1. agreement 2. between 2 or more 3. to commit crime 4. intent Does not merge |
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Term
Pinkerton rule for conspiracy (common law) |
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Definition
co-conspirators are liable for the acts committed by each other that are in furtherance of crime or reasonably foreseeable |
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Term
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Definition
1. intentionally assists perpetrator w/ commission of offense 2. not present at commission of offense. |
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Term
Principal in 1st degree (perpetrator) |
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Definition
1. w/ mens rea required for act 2. commits actus reus or commits act through innocent instrumentality |
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Term
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Definition
1. intentionally assists perpetrator w/ commission of offense 2. while in perpetrator's actual or constructive presence. |
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Term
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Definition
1. crime committed by another 2. D knew of commission 3. gave aid for perpetrator to avoid apprehension, conviction, or punishment |
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Term
What are possible actus reus' possible for accomplice liability? |
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Definition
1. physical conduct 2. psychological encouragement OR 3. omission. |
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Term
mens rea for accomplice liability |
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Definition
intent OR recklessness Ex: A tells B to speed up in school zone and B hits child. A would be an accomplice. |
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Term
Legislative Exemption for accomplice liability |
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Definition
Example: A has sex w/ 12 year old girl w/ her permission. Since statute is meant to protect girl, she cannot be prosecuted under it. |
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Term
Abandonment for accomplice liability |
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Definition
D must repudiate all that is possible to prior assistance and before chain of events become possible. |
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Term
can an accomplice be found guilty for crimes committed by other accomplices? |
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Definition
Yes, if the secondary offense is a natural and probable consequence of the crime aided and abetted. |
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Term
determine if strict liability applies |
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Definition
1. Is offense civil or a "true crime"? 2. If a civil offense, has the wording of the enactment added a mens rea requirement of some nature? 3. If a true crime, has the wording of a statute eliminated the mens rea requirement (and if so, what is the effect. 3. Historical tx (has crime always been treated as strict liability?) 4. Stigma and punishment 5. Legislative intent (did it intend to make strict liability) 6. Structure of statutory scheme |
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Term
Under MPC, can withdrawal be a defense to conspiracy itself? |
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Definition
Yes, but the D would have to be able to successfully thwart crime from occurring. |
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Term
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Definition
Intent: what someone meant to do. Motive: why someone did it. |
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Term
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Definition
meeting of actus reus and mens rea Non-example: A is thinking of way to kill B when B darts in front of his car and B is killed. |
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Term
Insanity (complete defense) |
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Definition
1. MDD at time of act 2. Causation between MDD and commission of crime |
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Term
M'Naghten Rule (majority view) |
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Definition
1. did not know nature and quality of act he was doing OR 2. he did not know what he was doing. |
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Term
Irresistible Impulse test (AKA volitional test) |
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Definition
D knows right from wrong, but is unable to control conduct. |
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Term
Durham Test (virtually non-existent) |
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Definition
would not have committed act had it not been for MDD. |
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Term
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Definition
Lacked capacity, due to MDD, to: 1. appreciate wrongfulness of conduct OR 2. to conform his conduct to requirement of law. |
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Term
Federal Insanity Defense Reform Act |
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Definition
as the result of a severe MDD he was unable to appreciate: 1. the nature and quality of his conduct OR 2. the wrongfulness of his conduct. |
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Term
Who has burden of Proof under Federal IDRA? |
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Definition
Insanity is an affirmative defense under IDRA. |
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Term
Guilty but mentally ill (a verdict) |
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Definition
1. D is guilty of offense 2. D was mentally ill at time of crime 3. D was not insane at time of crime. |
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Term
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Definition
a defendant’s abnormal mental condition, short of insanity. |
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Term
What are applications of diminished capacity? |
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Definition
1. majority: may negate mens rea of specific intent crimes. 2. MPC: can negate mens rea of any crime 3. States don't allow at all |
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Term
Types of involuntary intoxication (affirmative defense) |
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Definition
1. coerced intoxication 2. Intoxication by innocent mistake 3. Unexpected side effect from medication 4. Pathological Intoxication |
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Term
Pathological Intoxication |
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Definition
a temporary psychotic reaction, often manifested by violence, which is triggered by consumption of alcohol by a person with a pre-disposing mental or physical condition. The defense only applies if the defendant had no reason to know that he was susceptible to such a reaction. |
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Term
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Definition
BAFLEPAACKS: burglary, assault, false pretenses, larceny, embezzlement, pre-meditated murder, attempt, armed robbery, conspiracy, kidnapping, solicitation. 2nd degree murder, depending on language in statute. |
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Term
when can mistake of fact be a defense to a specific intent crime? |
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Definition
when it is an honestly entertained mistake |
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Term
when can mistake of fact be a defense to general intent or negligent crimes? |
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Definition
1. when mistake is honestly entertained AND 2. mistake is based on reasonable grounds. |
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Term
when can mistake of fact be a defense to strict liability crimes? |
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Definition
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Term
when can consent be a defense? |
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Definition
1. consent voluntarily given 2. party legally capable of consenting 3. no fraud |
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Term
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Definition
1. Another person issued a specific threat to kill or grievously injure the defendant or a third party 2. actor reasonably believed threat was genuine. 3. Threat was imminent AND impending 4. No reasonable escape from threat 5. actor was not at fault exposing himself to threat |
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Term
compulsion/duress under MPC |
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Definition
1. D was compelled by the use, or threatened use, of unlawful force by the coercer upon his or another person AND 2. a person of reasonable firmness in his situation would have been unable to resist the coercion |
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Term
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Definition
focuses on act. Examples Self-defense Defense of others Defense of property and habitation Use of lawful force Necessity |
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Term
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Definition
focuses on actor examples compulsion insanity intoxication diminished capacity mistake of fact mistake of law |
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Term
What is the general rule for use of force? |
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Definition
any amount of non-deadly force is privileged to prevent the commission of such an offense if it is reasonably believed to be necessary. |
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Term
Ceballos rule for defense of habitation |
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Definition
1. honest and reasonable fear 2. that felon poses threat of death or GBH |
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Term
MPC rule for defense of habitation |
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Definition
1. honest belief 2. that felon poses threat of death or GBH |
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Term
"make my day" defense of habitation |
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Definition
1. honest and reasonable fear 2. that felon might use any physical force 3. no matter how slight |
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Term
Police Use of Deadly Force |
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Definition
1. has probable cause to believe that the suspect poses a threat of death or serious physical injury to officer or others AND 2. such force is necessary to make the arrest or prevent escape |
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Term
Proportionality Limitation |
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Definition
not justified to use force that is excessive in relation to harm threatened. |
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Term
Aggressive doctrine limitation |
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Definition
Generally,one who is aggressor in encounter may not avail himself to self defense. |
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Term
Reasonable perception limitation |
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Definition
justified in using force to protect self if 1. subjectively believed force is necessary 2. AND has objectively reasonable grounds for belief |
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Term
Imminent threat limitation |
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Definition
may use self defense if 1. reasonable fear 2. of imminent threat. |
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Term
Reasonableness of Response Limitation |
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Definition
D cannot use more force that what reasonably appears to be necessary to neutralize threat. |
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Term
Majority rule of duty to retreat |
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Definition
person other than initial aggressor may use deadly force in self defense, even if could be avoided by retreating. |
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Term
Minority rule of duty to retreat |
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Definition
1. Must retreat if can do so safely unless 2. in home or place of business |
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Term
Common Law Imperfect Privilege of self defense or of others(mitigating circumstance to reduce crime) |
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Definition
cannot meet all elements required of self defense, but meets some, and this may reduce murder charge. |
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Term
MPC Imperfect Privilege for self defense or of others |
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Definition
evaluated in terms of the defendant’s subjective belief in the necessity of using the force or other material circumstances. |
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Term
Alter Ego Rule of Defense of others |
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Definition
one should step into shoes of those they are defending and if that person would have been justified in self defense. |
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Term
Reasonable Belief Rule of defense of others |
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Definition
must reasonably believe whom he is defending is not aggressor (majority rule) |
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Term
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Definition
1. D was induced by to commit crime 2. by government agent 3. would not have committed crime w/o inducement 4. Government agent wanted to obtain evidence. |
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Term
Subjective test of entrapment |
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Definition
focuses on predisposition of criminal. P must prove predisposition beyond reasonable doubt. Submitted to jury |
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Term
Objective (MPC) test of entrapment |
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Definition
focuses on police if they caused an otherwise innocent person to commit crime. Question of law for judge D has burden of proof by preponderance. |
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