Final-POLS 259A

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gdeleon88
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85526
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Final-POLS 259A
Updated:
2011-05-14 16:26:24
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pols
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Final
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  1. What are the elements of Robbery?
    • Taking of personal property in the possession of another.
    • From his person or immediate presense
    • Against hiw will
    • With use of force or fear
    • With intent to steal
  2. What are the elements of Kidnapping?
    • Seizure of person
    • Asportation (movement), substancial distance
    • Force or fear
    • Intent to deprive person of liberty
  3. What are the elements of Battery?
    • Intentional and
    • Unlawful
    • Harful or offensive
    • Touching
    • Of another
  4. Under defense, what is justification and excuse?
    • Justification:focuses on the act: that is not wrong under the circumstances
    • -self defense, defense of another, necessity.

    • Excuse: focuses on the actor: that he should not be held responsible, under the circumstances.
    • -duress, insanity, involuntary intoxication
  5. What is self-defense?
    A non-aggressor is justified in using force if:

    • He reasonably believes:
    • -that such force (proportionality)
    • -is necessary to protect himself
    • -from imminent use
    • -of lawfulforce by the other person
  6. Battered Women's syndrome/intimate partner battering
    • Women are physically mentally abuse by their partner
    • form of past trauma stress
    • Cycle of abuse: 3 stages: Tension building, Battering, Honey Faize
  7. Self-defense agaisnt deadly force: Duty to Retreat
    • Majority (CA)- May stand and defend
    • Minority (& CL)-retreat, if safe place
  8. Imperfect self-defense
    • Voluntary Manslaughter
    • -jury could find honest, but unreasonable belief in the need for self defense (flannel).
  9. Defense of Property
    • Can never use deadly force [to protect your property]
    • May use non-deadly force

    • -amount that reasonably appears necessary
    • -to defend property from someone taking it.
    • -Fresh pursuit
  10. What is fresh pursuit and when can you use it?
    • Can run after and take back something that was just stolen.
    • Can use it, if someone steals property from you.
  11. Defense of home: deadly force?
    • CA: yes, if the defendent believes:
    • -deadly force is necessary to prevent
    • -imminent and unlawful entry into dwelling
    • -and entry is do to violence to someone inside.
  12. Consent
    • Generally, victim cannot consent to behavior that is a crime (harm society)
    • Can consent to contact that might otherwise be a battery if:
    • -it doesn't result in serious injury OR
    • -sports (within the parameters) OR
    • -it is a beneficial activity (like surgery)
  13. In relations to insanity- what is the M'Naghten Test?
    • He did not know the nature and quality of the act OR
    • Did not know right from wrong
  14. Definition of intoxication
    A disturbance of mental or physical capacities resulting from the ingestion of a foreign substance, such as alcohol or a (legal or illegal) drug.
  15. Voluntary Intoxication
    • Commonly Occurs, but rately a defense
    • -sometimes negate the intent needed for the offense.
  16. Involuntary intoxication
    • Rarely occurs, but often a defense
    • Example: intoxication by mistake or unexpected intoxication (due to pathology or unusual reaction to prescribed meds)
  17. What can be a defense for involuntary intoxication
    • negate intent
    • temporary insanity
  18. What is duress
    *He "made me do it" is a defense if:

    • threat is
    • -credible (defendent reasonably believes it)
    • to kill or seriously injure defendent or 3rd party
    • -Harm is imminent

    • No alternative
    • Defendent has "clean hands"
    • -other not involved

    *Inapplicable to criminal homocide
  19. Entrapment: Majority
    Rule “Subjective” (focuses on Δ)
    Ø Offense was induced by a government agent AND

    Ø D was not predisposed to commit the type of offense charged.
  20. Entrapment: Minority
    Rule
    “Objective”
    (focuses on cop)
    • ØWas the conduct of the law enforcement agent
    • likely to induce a normally law-abiding person to commit the offense?
  21. Necessity
    1.Imminent danger

    • 2.Causal:
    • action will abate harm

    3.No effective legal way to avert the harm

    4.Lesser of evils

    5.Legislature has not precluded the defense

    • 6.Clean hands:
    • actor did not create the necessity
  22. Parties to the Crime
    • •Perpetrator:
    • –One who commits
    • the crime

    • •Accomplices:
    • –Intentionally assists the perpetrator. Sometimes present at crime; sometimes not

    • •Accessory after the fact:
    • –Knowingly assists felon to avoid arrest, trial or conviction
  23. When is A liable for a crime other than the target
    offense?
    When that crime is foreseeable
  24. Accomplice Liability:
    Mens rea: Dual Intent
    • •Intends:
    • –to assist the perpetrator AND
    • –for perpetrator to commit the target offense.

    • •Example:
    • –Get-away driver for burglary, Andrew Accomplice, intends to help Peter Perp and intends for Peter to commit the burglary
  25. Actus Reus of Accomplice Liability:
    3 types of assistance:
    • •Physical Conduct
    • –Providing weapons, lookout, getaway car

    • •Psychological Influence
    • –Encouragement

    • •Assistance by omission
    • –Legal duty to act + mere presence
  26. Attempt: elements
    • oMR:
    • intent to commit target offense +

    • oAR:
    • substantial step: act or acts to carry out the crime (perpetration) +

    oT.O. unsuccessful
  27. When has an attempted crime occurred?
    oPerpetration, not mere preparation

    • oPreparation:
    • -Thinking of crime, deciding to go
    • forward, planning or preparing for the crime

    • oPerpetration
    • -beginning the crime, putting the
    • plan into action
  28. Abandonment Defense
    • oWhat if D voluntarily abandons the target
    • crime after s/he committed the attempt?
    • Defense?

    • oIn many states, yes. In CA, NOT a defense to the attempted
    • crime.

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