Criminal Law

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Author:
johno1000
ID:
25454
Filename:
Criminal Law
Updated:
2010-07-01 15:11:10
Tags:
crim law
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Description:
Criminal Law
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  1. To not be vague (2)
    • fair warning
    • no arbitrary & descrim enforcement
  2. which inchoate doesn't merge
    • conspiracy
    • UT - no crime + lesser included
  3. when are ommissions punishable (3)
    • specific duty to act
    • D has knowledge of duty
    • reasonably possible to perform duty
  4. punishinig possession
    hasve to possess for long enough to have opportunity to terminate possession
  5. specfic intent FALER BFF
    forgery, assault, larceny, embezzlement, robbery, burglary, forgery, false pretenses
  6. malice crimes
    common law murder, arson
  7. transferred intent
    2 crimes (att to one, actual to other)
  8. what are accomplices liable for
    the crime itself + all other foreseeable crimes
  9. utah and party liabilty
    any person acting with mental state for offense is liable
  10. mental state required for accomplice
    intent to encourage the crime, mere knowledge or sale of normal goods is not enough.
  11. accomplices and protected class
    • MBE: excluded from liability
    • UT: not excluded
  12. accomplice withdrawal reqs (2)
    • repudiation
    • attempt to neutralize
  13. solicitation UT law
    requires STRONG intent
  14. conspiracy requirements
    • agreement
    • to pursue an unlawful objective
    • overt act (not required in UT)
  15. acquittal and conspirators
    if all acquitted except you, no C liability
  16. what is the wharton rule
    if crime requires 2 or more people, at least 3 required for conspiracy
  17. termination of conspiracy
    terminates future crimes, but cant withdraw from conspiracy
  18. inpossibility and conspiracy
    not a defense
  19. attempt elements
    intent to commit a crime and a substantial step
  20. impossible attempts
    • MBE - legal ok
    • UT - neither legal/factual ok
  21. 4 instanity tests
    • m'naughten: doesnt know wrongfullness of actions
    • irresistible impulse: lacked capacity for self control
    • durham: mental illness
    • MPC: cant conform conduct to law
  22. utah mental illness
    similar to ALI/MPC: lacked mental state required as a result of mental illness
  23. voluntary intox
    • MBE:negates SI crimes
    • UT: not a defense as mental illness
  24. invol intox (3 reqs/result)
    w/o knowledge, direct duress, pursuant to med advice (acquittal)
  25. infancy
    • under 7 no liability
    • under 14 rebuttable presumption of no liability
  26. self defense
    absolute bar
  27. SD and retreat
    UT-no duty
  28. defense of dwelling
    • MBE: nondeadly force
    • deadly if commiting a personal attack
    • UT - can use deadly for violent break in, violence is believed etc.
  29. defending personal property
    • MBD: deadly never allowed
    • UT: ok if in possession, R belief to prevent trespass, violent trespass, R belief of violence
  30. duress
    • homicide never works
    • UT - ok of RPP would not have resisted, N/A if placed self in position, N/A for sex crimes
  31. mistake of fact
    • negates SI (reas/unreas)
    • negates GI (reas only)
  32. entrapment elements(2)
    • not predisposed
    • criminal design originated w/ officers
    • UT - objective std. police fell below proper use of state's pwr
    • UT - N/A for crimes of bodily injury
  33. mayhem offense
    • UT - separate offense
    • MBE: trend is to abolish as separate offense
  34. UT murder
    • aggravated, (prisoner, hitman, prior convict)
    • 1 deg, (depraved heart,
    • felony (enumerated, SI etc.)
  35. UT manslaughter
    • man - voluntary manslaughter
    • invol man - negligent homicide
  36. larceny and timing of intent
    intent to take must be at time of taking not larceny, larceny at time decides to keep it
  37. embezzlement
    trustee situation, does not need to retain benefit (conversion)
  38. embezzlement exceptions (2)
    • if under a claim of right, even if wrong, not embezz
    • not embezz if intends to restore
  39. false pretenses elements
    • taking TITLE w/ intent to defraud
    • misrep required
  40. larceny by trick
    taking POSSESSION
  41. larceny
    • asportation
    • UT: called theft
    • "obtaining or exercising unauth control or proper of another with perm intent to deprive"
  42. burg
    • MBE: dwelling, night, intent to commit felon
    • UT: enter or remain in bldg w/ intent to commit felony, theft, etc.
  43. arson
    • MBE: requires burning of another's house, not charring
    • UT: any damage is enough

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