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A crime that requires 2 or more people cannot be charged as a conspiracy, unless there is an agreement with an additional person |
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Substantial step approach asks whether a defendant made a substantial step towards completion of the crime (beyond preparation) |
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If someone attempts to do an impossible crime, it is still a crime!
Only applicable if someone tries to do something legal, thinking it's illegal |
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The killing of one human being by another (includes viable fetus if intent) |
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1. Intent to kill
2. Intent to inflict great bodily harm
3. Reckless indifference to human life
4. Felony Murder |
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1. Taking
2. personal property
3. Of another
4. Carry away
5. Trespass
6. Intent to steal |
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Lawful entrustment of another's property
Dealing with the property in a manner inconsistent with trust arrangement
No personal gain by defendant required |
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Robbery: Larceny by force |
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If based on threat, must be of immediate death or serious injury to victim, family member, or 3rd person on scene
Can also be destruction of house |
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1. Breaking and entry
2. Of a dwelling of another/any building
3. Night/Anytime
4. With intent to committ felony/any crime
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Defendant not guilty if defendant has mental illness that caused him to lack the ability, at the time of the crime, TO KNOW WHAT HE DID WAS WRONG; or
TO UNDERSTAND NATURE & QUALITY OF HIS ACT |
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Defendant not guilty if as a result of a mental illness he
LACKS SUBSTANTIAL CAPACITY TO APPRECIATE
that what he did was wrong; or
CONFORM HIS CONDUCT TO REQUIREMENTS OF THE LAW |
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Defendant is not guilty if unlawful act was the product of a mental illness or defect |
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