criminal law

Card Set Information

criminal law
2010-11-10 13:19:41

test 3
Show Answers:

  1. Complicity
    liable for someone elses conduct
  2. vicarious liability
    liability based on relationship
  3. accomplice
    • participate before or during the offense
    • accomplices punished for the crime itself and get the same punishment
  4. accessory
    participate after the offense
  5. conspiracy
    agreement to commit the crime
  6. vicarious liability
    based on relationship
  7. corporations cant have
    mens rea: must impute intent on manager, some states have strict liability statutes, in that case no intent required
  8. Corporations vicarious liability Mens Reus
    Relationship between both parties and Act of other party
  9. Corporations vicarious liability Mens Rea
    Relationship between parties and Purpose, Knowledge, Recklessness, or negligence of other party
  10. Individuals vicarious liability
    no liability only if created by specific statute
  11. parents statute
    not vicarious liability, if law punishes parent for act of child it is based on negligent supervision
  12. attempt
    liability for trying to commit a crime
  13. conspiracy
    liability for making agreement with someone to commit crime
  14. solicitation
    liability for trying to get someone else to commit the crime
  15. 2 rationals for attempt law:
    • Dangerous conduct
    • Dangerous Person
  16. Dangerous Conduct
    how close did Def. get to completing the crime
  17. Dangerous person
    How fully did Def. develpop his criminal purpose
  18. 2 types of laws:
    • General Attempt
    • Specific Attempt
  19. General Attempt
    apply to attempt to commit any crime
  20. Specific attempt
    define an attempt to commit specific crimes
  21. physical proximity
    was the defendant close to being successful
  22. indispensable element
    has the Def. gotten control of everything he needs to complete the crime
  23. Dangerous proximity
    has the Def. came dangerously close to to completing the crime, looks at the seriousness of the crime, closeness of completion/probability
  24. Unequivocality
    looks at what the Def. has already done-what are the chances Def. wont continue toward completion
  25. Res Ipsa Loquitor
    Act speaks for itself
  26. Legal impossibility
    intent to commit crime, performas all acts to commit crime but no law exists making it a crime-perfect defense
  27. Factual impossibility
    intent to commit crime, bu extraneous factor interrupts defendant-not a defense
  28. Abandonment
    1/2 the states accept affirmative defense of abandonment, must not be motivated by fear of getting caught.
  29. 3 kinds of murder, historically
  30. Murder
    malice forethought
  31. manslaughter
    no prior planning
  32. unintended killings
    depraved heart, intent to cause bodily harm, and death occured
  33. 1st degree murder
    premeditated, felony, death penalty may be levied but can not be mandatory
  34. 2nd degree murder
    indended and unintended murders
  35. felony murder`
    unintentional deaths, intent was not to kill, but was to cause bodily harm, usually felony murder must be a dangerous felony
  36. corporation murder
    corporations can be liable for murder, but are usually sued for manslaughter
  37. voluntary manslaughter
    killing in the sudden heat of passion, adequate provocation, must be sudden not time to cool off
  38. paramour rule
    catch a spouse in bed with another you could kill them both
  39. involuntary manslaughter
    voluntary act but unintentional killing,
  40. criminal recklessness
    conscious creation of substantial and unjustifiable risk
  41. criminal negligence
    creating substantial and unjustifiable risk that defendant should have been aware of but wasn't
  42. unlawful act manslaughter
    unintended death occuring dury any unlawful act...many states have totally abolished this or narrowed the application at common law only applied to unlawful acts which were mala in se-