Card Set Information

2012-07-14 23:25:30

Show Answers:

  1. Basic Elements of Crime
    "Voluntary, physical, conscious, willing act"
  2. Rules for holding responsible for crimes of others
    "Modern Rule: Provided assistance, did so intentionally"
  3. Solicitation
    • Asking or encouraging another person to commit a crime
    • No withdrawal
    • Merges into completed crime
    • Impossibility no defense
  4. Conspiracy
    • Two-plus people with capacity to commit a crime and the intent to enter agreement (Bilateral)
    • No withdrawal once overt act taken (but shields from later crimes)
    • Impossibility no defense
  5. Attempt
    A substantial step towards completion of a crime
  6. No withdrawal once substantial step
    • Merges into completed crime
    • Impossibility no defense
    • "Can abandon under MPC, requires total abandon (not mere postponement) and also voluntary (not due to encountering difficulty)"
  7. Insanity Defense Variants
    • All insanity defenses require that defendant suffer from mental disease and:
    • 1. M'Naughten: Doesn't know right from wrong or doesn�t understand criminality of actions
    • 2. Irresistible Impulse: Can't conform conduct to law
    • 4. MPC: Unable to understand criminality or conform to law
  8. Intoxication Defenses
    • Involuntary: Defense to all crimes
    • Voluntary: Only allowed against specific intent crimes
  9. Mistake of Fact
    • "Valid defense for specific intent crimes, even if unreasonable"
    • "For other crimes, mistake must be reasonable"
  10. Mistake of Law
    "Generally not a defense, unless the statute requires knowledge of illegality (in which case, the mistake of law is not really a defense, but rather a failure of proof of the elements)"
  11. Self Defense
    • Force reasonably necessary against aggression. Both objective and subjective standard.
    • Good faith required (can't create conditions)
    • Aggressor must disengage or be met with increased force before gaining possibility of using defense
  12. Requirements for deadly force used on fleeing felon
    • 1. Probable cause that person committed crime
    • 2. Reasonably necessary to use deadly force to stop escape
    • 3. Felon posed risk to others (constitutional requirement)
  13. Entrapment defense
    • Police instigated the crime
    • Defeated if gov't can show D predisposed to commit the crime
    • Battery (Criminal)
    • D inflicts unwarranted touching on another
    • General Intent
  14. Assault (Criminal)
    • 1. Attempted Battery
    • "2. Tort-like, Victim has apprehension of immediate touching"
    • Both specific intent
  15. Malice for Murder
    • 1. Intent to kill
    • 2. Intent to inflict great bodily harm
    • "3. Implied malice (depraved heart, grossly reckless)"
    • 4. Felony murder (note modern rule requires D to directly cause death)
  16. Adequate provocation to reduce murder to voluntary manslaughter
    • 1. D acts under provacation that causes loss of control
    • 2. Provocation would cause ordinary reasonable person to lose control
    • 3. Insufficient time to cool
    • 4. D does not in fact cool
  17. Kidnapping
    • Movement of victim against will
    • General intent crime
  18. Rape
    • Intercourse by force or threat of force with no consent
    • General intent crime
  19. Larceny
    • "Crime against possession, title never passes"
    • 1. Taking and carrying away
    • 2. Trespass = against will of owner*
    • 3. Intent to PERMANENTLY deprive
    • "4. Only applies to personal property* If with consent of owner, but achieved by misrepresentation, then Larceny by Trick"
  20. Embezzlement
    • 1. Fraudulent
    • 2. Conversion
    • 3. Of the property of another
    • 4. By a person in lawful possession (distinguish from mere custody)
  21. False Pretenses
    • 1. D obtains title
    • 2. To property of another
    • 3. By intentional (or knowing) false statement of past or existing fact
    • 4. With intent to defraud another
  22. Receiving stolen property
    • 1. Actually received
    • 2. Personal property
    • 3. with Knowledge it was stolen
    • 4. with Intent to permanently deprive
  23. Robbery
    • Crime against the person
    • 1. Taking personal property
    • 2. Intent to permanently deprive
    • 3. From another's presence
    • 4. By force or threat of force
  24. Burglary
    • 1. Breaking and entering (minimal physical act)
    • 2. Of another's dwelling*
    • 3. At night*
    • 4. With intent to commit felony inside
    • *modern rule ignores these
  25. Arson
    • The malicious burning (damages fiber) of the dwelling of another
    • Malice crime
  26. Probable Cause
    "A practical, non-technical probability that evidence will be found"