Term
| What is specific intent and what are the specific intent crimes? |
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Definition
Not only the doing of an act, but also doing of it with a specific intent or objective.
S - Solicitation
C - Conspiracy
R - Robbery
A - Attempt
M - Murder
B - Burglery
L - Larceny, Larceny by Trick, False Pretenses
E - Embezzlement |
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Term
| D intends to scare V by shooting V's hat off his head. IF D's shot wounds V, what is D guilty of? |
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Definition
| Battery but he can't be guilty of Attempted Murder. Attempt is a specific intent crime so D would need the specific intent to kill to be convicted of attempted murder. |
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Term
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Definition
| Reckless disregard of an obvious or high risk that a particular harmful result will occur? (Arson) |
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Term
| What are the four General Intent crimes? |
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Definition
Battery
Rape
Kidnapping
False Imprisonment |
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Term
| Distinguish the conduct that characterizes a Principal, Accomplice, and Accessory After the Fact. |
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Definition
Principal - Person who commits the illegal act or who causes an innocent agent to do so.
Accomplice - Person who aids or encourages principal to commit the illegal conduct
Accessory after the fact - person who aids another to escape knowing that he has committed a felony |
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Term
| Distinguish the liabilities of a Principal, Accomplice, and Accessory After the Fact. |
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Definition
Principal - Liable for principal crime
Accomplice - Liable for crimes counseled and any committed in the course of the counseled crime that were foreseeable
Accessory After the Fact - Liable for separate, less serious crime of being an accessory after the fact |
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Term
| What is required for Withdrawal from crime as an accomplice? |
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Definition
1. Repudiation is sufficient withdrawal for mere encouragement
2. Attempt to neutralize assistance is required if participation went beyond mere encourage.
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Term
| What are the elements of Solicitation? |
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Definition
1. Inciting or counseling another to commit a crime,
2. With the intent that the person solicited commit the crime.
Note - The solicitor cannot be punished for both the solicitation and the other crimes but the solicitor may be punished for attempt if he commits a substantial step in furtherance of the crime. |
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Term
| Can an individual convicted of solicitation of a crime be convicted of attempting to commit that crime or the crime itself? |
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Definition
Attempt to commit the crime - Yes, a person may be charged with solicitation and attempt if he commits a substantial step towards completion of the crime.
Crime itself - No, a person cannot be convicted of solicitation and the crime itself because of merger doctrine. |
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Term
| What are the elements of conspiracy? |
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Definition
1. Agreement - between two or more persons
2. Intent - to enter the agreement and achieve the objective of the agreement
3. Overt Act - an act of mere preparation will suffice |
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Term
| Contrast the modern unilateral and traditional bilateral approach to conspiracy. |
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Definition
Unilateral - onely one party must have a general criminal intent such that a defendant can be convicted of a conspiracy if he conspires with a police officer (even though the officer cannot have criminal intent).
Bilateral Approach - A conspiracy requires at least two guilty minds. If one person in a two party agreement is only feigning agreement, the other party cannot be convicted of conspiracy. |
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Term
| What effect does acquittal of all persons with whom a defendant is alleged to have conspired have? |
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Definition
| The remaining defendant cannot be convicted of conspiracy. But remember this is only if ALL other potential conspiring parties are ACQUITTED. If even one potential co-conspirers is not charged or caught, then the rule has no effect. |
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Term
| What crimes is a co-conspirator liable for? |
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Definition
| Crimes committed in furtherance of the objectives of the conspiracy that were foreseeable. |
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Term
| When is withdrawal from conspiracy effective? |
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Definition
| Withdrawal can limit liability for the actual crimes committed in furtherance of the conspiracy but not the conspiracy itself. To withdraw, a conspirator must perform an affirmative act that notifies all members of the conspiracy of her withdrawal and neutralize any assistance provided. |
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Term
| What are the elements of attempt? |
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Definition
1. An act done - substantial step in a course of conduct
2. With intent to commit a crime
3. That falls short of completing the crime.
Note - Attempt to commit a crime defined as negligent or requiring recklessness cannot be attempted because one cannot intend to be negligent. |
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Term
| What are the defenses to Attempt? |
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Definition
1. Legal impossibility - is a defense where a person would have committed no crime even if completing all acts intended.
2. Factual Impossibility - Not a defense. |
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Term
| What are the four tests for Insanity? |
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Definition
M'Naghten - defendant does not know right from wrong.
Irresistible Impulse - an impulse that the defendant cannot resist
Durham - but for the mental illness, defendant would not have done the act
MPC - Combination of M'Naghten and Irresistible Impulse |
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Term
| What is the M'Naghten Rule? |
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Definition
Mental disease or defect caused defendant to either:
1. Not know that his act would be wrong; or
2. Not understand the nature and quality of his actions. |
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Term
| What is the irresistible impulse test? |
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Definition
| Insanity - Because of a mental illness, he was unable to control his actions or conform his conduct to the law. |
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Term
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Definition
| Insanity - The criminal act was a product of his mental illness |
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Term
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Definition
Because of mental defect, defendant lacked the substantial capacity to either:
1. Appreciate the criminality of his conduct or
2. Conform his conduct to the requirements of law. |
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Term
| Who bears the burden of proof and persuasion for insanity? |
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Definition
| Defendant must prove his insanity, generally by a preponderance of the evidence. Some states require defendant prove insanity beyond reasonable doubt. |
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Term
| What is required for a defendant to be tried under the Due Process Clause |
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Definition
1. he is able to understand the nature of the proceedings being brought against him; AND
2. is able to assist his lawyer in preparation of his defense. |
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Term
| Distinguish voluntary and involuntary intoxication. |
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Definition
Voluntary - it is the result of the intentional taking of a substance known to be intoxicating (without duress) and it forms the defense to specific intent crimes.
Involuntary - results from taking an intoxicating substance without knowledge of its nature, either under direct duress OR pursuant to medical advice. Involuntary Intoxication = mental defect and the defendant is then tested under insanity. |
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Term
| When may a person use deadly force? |
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Definition
1. She is without fault;
2. She is confronted with unlawful force; AND
3. She is threatened with imminent death or great bodily harm. |
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Term
| What is Imperfect self-defense? |
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Definition
| 1. The defendant was at fault in starting the altercation or the defendant unreasonably but honestly believed in the necessity of responding with deadly force. |
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Term
| When does an individual have a duty to retreat? |
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Definition
Generally, there is no duty to retreat before using deadly force. Minority view - requires retreat before using deadly force if the victim can safely do so, unless:
1. The attack is in the victim's own home (Castle Doctrine)
2. the attack occurs while the victim is making a lawful arrest;
3. the assailant is in the process of robbing the victim. |
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Term
| When does an aggressor entitled to use self-defense? |
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Definition
Only if:
1. She effectively withdraws from the confrontation and communicates to the other her desire to do so; OR
2. The victim of the initial aggression suddenly escalates the minor fight into a deadly altercation and the initial aggressor has no chance to withdraw. |
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Term
| When is a person allowed to invoke defense of others? |
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Definition
| There is a reasonable appearance that an assisted person has the right to use force. |
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Term
| When may non-deadly and deadly force be used to prevent crime? |
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Definition
Nondeadly force may be used to the extent that it reasonably appears necessary to prevent a felony or serious preach of the peace.
Deadly force may be used only to terminate or prevent a dangerous felony involving risk to human life. |
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Term
| What degree of force may be used to effectuate an arrest by police officers? |
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Definition
Nondeadly force may be used by police officers if it reasonably appears necessary.
Deadly force is reasonable ONLY IF it is necessary to prevent a felon's escape AND the felon threatens death or serious bodily injury. |
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Term
| What degree of force may be used to effectuate an arrest by private persons? |
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Definition
nondeadly force may only be used to make an arrest if a crime *was in fact committed* and the private person has reasonable grounds to believe the person arrested has in fact committed the crime.
Deadly force may be used ONLY IF the person harmed was *actually guilty* of the offense for which the arrest was made. |
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Term
| What is mistake of fact and how is it relevant as a defense? |
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Definition
| Defendant had a mistake as to a fact that can establish that the defendant lacked the state of mind required for the crime. The mistake need *not* be reasonable for specific intent crimes but must be reasonable for other state of mind crimes. |
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Term
| Distinguish mistake from impossibility. |
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Definition
| Mistake is usually raised as a defense to a crime that has been completed by negating the intent required for the crime. Impossibility arises only when defendant as failed o complete the crime because of his mistaken belief about the facts and is being charged with an attempt to commit the crime; factual impossibility is NOT a defense to attempt. |
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Term
| What is required to establish entrapment? |
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Definition
1. The criminal design originated with law enforcement officers; NAD
2. The defendant was not predisposed to commit the crime prior to contact by the government.
Note - Entrapment is usually the wrong answer. |
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Term
| What are the elements of battery and what are aggravating factors? |
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Definition
Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching (need not be intentional; this is a general intent crime).
Aggravating factors for felony - 1. Battery with a deadly weapon; 2. Battery that results in serious bodily harm; and 3. battery of a child, woman or police officer. |
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Term
| What are the elements of assault? |
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Definition
Either:
1. an attempt to commit a battery; or
2. Intentional creation of a reasonable apprehension of imminent bodily harm. |
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Term
| What are the elements of Murder? |
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Definition
| The unlawful killing of a human being with malice aforethought. |
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Term
| What constitutes malice aforethought? |
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Definition
Malice exists if there are no facts reducing the killing to manslaughter or excusing it with one of the following states of mind:
1. Intent to kill
2. Intent to inflict great bodily injury
3. Reckless indifference to an unjustifiably high risk of human life (depraved heart)
4. Intent to commit a felony (felony murder) |
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Term
| What is required to reduce murder to manslaughter? |
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Definition
1. Provocation that would cause a reasonable person sudden and intense passion and to lose control
2. Insufficient period for cooling
3. Defendant was in fact provoked and did not cool off. |
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Term
| What is required for involuntary manslaughter? |
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Definition
| Death of a person committed with criminal negligence. |
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Term
| What is required for First Degree Murder? |
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Definition
| Deliberate and Premeditated - Defendant made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing (even if for only a very brief period). |
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Term
| What is felony murder and what are the felony murder crimes? |
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Definition
Death caused in the commision of, or in an attempt to commit a felony. Usually:
B - Burglary
A - Arson
R - Rape
R - Robbery
K - Kidnapping |
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Term
| What are limits on felony-murder liability? |
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Definition
1. Defendant must have committed or attempted to commit the underlying offense;
2. Felony must be distinct from the killing (e.g. battery that causes a victims death does not qualify)
3. Death must have been foreseeable result of the felony. |
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Term
| What is the proximate-cause and agency theory of felony murder liability? |
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Definition
1. Proximate Cause - Felons are liable for the deaths of innocent victims caused by someone other than a co-felon.
2. Agency Theory - killing must be committed by a felon or his agent.
3. In most jurisdictions, the defendant is not liable for felony murder when a co-felon is killed as a result of resistance from the felony victim or the police. |
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Term
| What are the elements of Kidnapping and what are aggravating factors? |
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Definition
Unlawful confinement of a person that involves:
1. some movement of the victim;
2. Concealment of the victim in a secret place.
Aggravating factors include kidnapping for ransom, for the purpose of committing other crimes, for offensive purposes, and child stealing. |
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Term
| When does effective consent not exist for rape? |
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Definition
1. Actual force
2. Threats of great and immediate bodily harm
3. Victim is incapable of consenting
4. Victim is fraudulently caused to believe that the act is not intercourse. |
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Term
| What are the elements of larceny? |
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Definition
1. Taking (obtaining control)
2. Asportation - carrying away
3. Personal Property
4. Of Another
5. By trespass - Without Consent
6. With Intent to permanently deprive. |
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Term
| What is a continuing trespass? |
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Definition
| If a defendant takes property knowing she has no right to it but does not intend to permanently deprive, she is continuing to trespass and a later intent to permenant deprive will constitute larceny. |
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Term
| What are the elements of embezzlement? |
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Definition
1. Fraudulent
2. Conversion of
3. Personal Property
4. Of another
5. By a person in lawful possession of that property.
Note - it is distinguished from larceny because there is no trespass - you are already in lawful possession. |
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Term
| What intent is required for embezzlement? |
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Definition
| Intent to defraud - thus if the defendant intends to restore the *exact* property taken, it is not embezzlement. Intent to restore similar or substantially identical property (even if it is money) is embezzlement. |
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Term
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Definition
1. Obtaining Title to
2. Personal Property of Another
3. By an intentional false statement;
4. With intent to defraud - (knew or deliberately avoided learning the truth of). |
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Term
| What is Larceny by Trick? |
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Definition
1. Obtaining Possession of
2. Personal Property of Another
3. By an intentional false statement;
4. With intent to defraud - (knew or deliberately avoided learning the truth of).
TEST - Ask whether the other person expects the good back. If they do, title hasn't passed and it is larceny by trick. |
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Term
| What are the elements of Robbery? |
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Definition
1. Taking
2. Of personal property of another
3. From the other's person or presence
4. By force or threats of immediate death or physical injury
5. With the intent to permanently deprive him of it. |
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Term
| Is it robbery if the victim does not feel threatened but still gives up her property? |
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Definition
| No. The victim must give up her property because she feels threatened. If she gives up her property for another reason (e.g. she feels sorry for the defendant, or she wants the defendant to go away), the defendant will not be guilty of robbery. He may, however, be guilty of attempted robbery. |
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Term
| What are the elements of receipt of stolen property? |
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Definition
1. Receiving possession and control of
2. Stolen personal property
3. Known to have been obtained in a manner constituting a criminal offense;
4. By another person.
5. With intent to permanently deprive. |
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Term
| Can a defendant be guilty of receipt of stolen property if the police recover the stolen property and use it with the owner's permission? |
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Definition
| If the police have already recovered hte property and use it with the owner's permission, it is no longer stolen; thus cannot be guilty of crime. The defendant can be convicted of attempted receipt of stolen property if she intended to receive the property while believing it to be stolen. |
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Term
| What are the elements of Burglary? |
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Definition
1. A breaking
2. And Entry
3. Of a dwelling
4. Of another
5. At nighttime (but really anytime)
6. With the intent to commit a felony in the structure |
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Term
| What are the elements of Arson? |
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Definition
1. Burning - (charring is sufficient)
2. Of the dwelling (including commercial structures)
3. Of another - housburning is the burning of your own home)
4. With malice - intentional or reckless disregard of an obvious risk. |
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