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The flashcards below were created by user
gdeleon88
on FreezingBlue Flashcards.
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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
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What are the elements of Kidnapping?
- Seizure of person
- Asportation (movement), substancial distance
- Force or fear
- Intent to deprive person of liberty
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What are the elements of Battery?
- Intentional and
- Unlawful
- Harful or offensive
- Touching
- Of another
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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
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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
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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
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Self-defense agaisnt deadly force: Duty to Retreat
- Majority (CA)- May stand and defend
- Minority (& CL)-retreat, if safe place
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Imperfect self-defense
- Voluntary Manslaughter
- -jury could find honest, but unreasonable belief in the need for self defense (flannel).
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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
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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.
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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.
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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)
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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
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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.
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Voluntary Intoxication
- Commonly Occurs, but rately a defense
- -sometimes negate the intent needed for the offense.
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Involuntary intoxication
- Rarely occurs, but often a defense
- Example: intoxication by mistake or unexpected intoxication (due to pathology or unusual reaction to prescribed meds)
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What can be a defense for involuntary intoxication
- negate intent
- temporary insanity
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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
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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.
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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?
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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
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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
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When is A liable for a crime other than the target
offense?
When that crime is foreseeable
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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
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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
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Attempt: elements
- oMR:
- intent to commit target offense +
- oAR:
- substantial step: act or acts to carry out the crime (perpetration) +
oT.O. unsuccessful
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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
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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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