Term
| What are the special relationships used to determine whether an omission can constitute a voluntary act? |
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Definition
1. Parent to child
2. Spouses
3. Employer to employee
4. Owners to customers
5. Innkeepers to Guests
6. Captains to passengers
7. Contractual duty of care
8. Where one has voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid |
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Term
| Elements of MPC recklessness? |
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Definition
1. Substantial risk
2. Unjustifiable risk
3. Awareness of risk (subjective)
4. Gross deviation from standard of conduct...
5. of a law-abiding person standard. |
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Term
| Elements of MPC negligence? |
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Definition
1. Substantial risk
2. Unjustifiable risk
3. Should have been aware of risk
4. Gross deviation from standard of conduct...
5. of a reasonable person. |
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Term
| Elements of MPC purpose/intent? |
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Definition
1. Conscious object is to engage in prohibited conduct or cause prohibited result
2. If attendant circumstances exist, he is aware of them or believes/hopes they exist |
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Term
| Elements of MPC knowledge? |
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Definition
1. Aware of nature of conduct
2. Practically certain conduct will cause result
3. Aware of attendant circumstances, if they exist |
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Term
"It shall be a crime to knowingly enter a building with the intent to commit a felony."
Specific or general intent? |
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Definition
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Term
Whoever shall purposely enter a building without permission is guilty of trespass.
Specific or general intent? |
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Definition
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Term
| What are the LaFave factors? |
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Definition
1. Legislative history of the statute
2. Guidance from other statutes
3. Severity of punishment
4. Seriousness of public harm that the statute seeks to prevent
5. D's opportunity to ascertain true facts
6. Difficulty prosecuting officials would have in proving a mental state for this type of crime.
7. Number of prosecutions to be expected under the statute. |
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Term
| Steps for Analysis of Mistake of Fact? |
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Definition
1. What non-mental state element of the crime is D mistaken about?
2. What, if any, mental state is required as to the element about which D is mistaken?
3. If mental state is defined, determine if mistake negatives required mental state. |
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Term
| Under what circumstances is a mistake of law an excuse? |
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Definition
1. If knowledge of the crime's illegality is an element
2. D is mistaken about a different area of law and that ignorance negatives the mens rea
3. A person reasonably relying on an official interpretation of the law that turns out to be erroneous
4. Sometimes violation of due process (not important) |
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Term
| Define a dependent cause. Give an example. What type of dependent cause would preclude liability on the part of the defendant? |
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Definition
| A dependent cause is one which occurred in response to or is dependent on D's actions. Ex: shooting someone and having them be treated negligently at a hospital...or...shooting someone and having them bleed to death or get an infection and die. If the dependent cause is bizarre or unusual, it would preclude liability. |
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Term
| What is an independent intervening cause? Give an example. What types of independent intervening causes will preclude liability on the part of the defendant? |
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Definition
| An independent intervening cause is one that occurs independent of D's act, ie, one that would have happened anyway. An example would be D pushing a man into traffic and a car running him over. If the independent intervening cause is not foreseeable, it will preclude liability. |
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Term
| In regards to the provocation defense mitigating 2nd degree murder to voluntary manslaughter, what is the modern reasonable person test? |
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Definition
1. D actually acted in heat of passion
2. Heat of passion was provoked by an act or even that would also provoke a reasonable person in D's shoes to lose self control (NOT NECESSARILY KILL)
3. No cooling off period
4. Reasonable person would not have had time to cool off
5. Causal connection between provocation, the passion and killing. |
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Term
| What are the categories "legally adequate" events that justify the provocation defense at common law? |
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Definition
1. Aggravated assault or battery
2. Observation of serious crime against a close relative
3. Illegal arrest
4. Mutual combat
5. Catching one's wife in the act of adultery |
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Term
| What are the requirements for unintentional first degree murder using the provocative act doctrine? |
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Definition
1. Implied malice
2. Provocative act by D sufficient to warrant lethal resistance
3. Killing committed during the course of an enumerated felony |
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Term
| What are the elements of robbery? |
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Definition
1. Trespassory taking
2. and carrying away of
3. Property of another
4. with intent to deprive the other of it permanently or for a substantial period of time
5. by use of force or the threat of IMMEDIATE force
6. Taking must be from the person or presence of victim |
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Term
| What is the Dlugash rule for attempt impossibility analysis? |
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Definition
| If what D believed, with respect to the missing element, were true, would the missing element be satisfied under the statute? If yes, there is no impossibility defense. If no, impossibility may be a defense. |
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Term
| In regards to complicity, what is the natural and probably consequences doctrine? |
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Definition
| A person who aids or abets in a crime can be held liable no only for that crime but also for any other offense that was a natural and probable consequence of the crime aided and abetted. |
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Term
| In complicity, is causation analysis required for the accomplice? |
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Definition
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Term
| When can mere presence at the scene of a crime constitute sufficient aid or encouragement to establish accomplice liability? |
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Definition
| If the defendant had a prior agreement to assist in the commission of the crime. |
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Term
| What are the two mens rea required for accomplice liability? |
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Definition
1. Intent to assist the principal
2. The mens rea required for the offense committed by the principal. |
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Term
| What is the innocent instrumentality defense to complicity? |
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Definition
| When the person who is aiding does not KNOW that the conduct amounts to a crime. |
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Term
| For complicity, under what circumstances will abandonment be considered a defense? |
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Definition
| Most jx require a voluntary and complete withdrawal. Some require communicate withdrawal to both law enforcement and the perpetrators of the offense. |
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Term
| What are the elements of the Pinkerton doctrine? |
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Definition
1. Co-conspirator is a party to the conspiracy
2. Conspiracy is ongoing (not terminated)
3. Crime is in furtherance of the conspiracy
4. Crime is reasonably foreseeable |
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Term
| What are the elements of necessity? |
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Definition
1. Action was necessary as an emergency measure to avoid imminent injury
2. Action taken was proportional to the injury being avoided
3. There was no reasonable alternative to avoid the harm
4. There was a causal link between D's criminal conduct and the harm he or she was seeking to avoid |
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Term
| What are the elements of the M'Naughten Test? |
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Definition
1. At time of commission...
2. Mental disease or defect
3. D does not know the NATURE AND QUALITY OF HIS ACTS OR THAT HIS ACTS ARE WRONG |
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Term
| What are the elements of the ALI test? |
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Definition
1. At time of conduct as a result of a mental disease or defect...
2. D either lacks ability to appreciate the criminality/wrongfulness of his conduct OR
3. D lacks ability to conform his conduct to the requirements of law |
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Term
| When is voluntary intoxication a defense? |
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Definition
| Against a specific intent crime. General intent crimes cannot be defended due to voluntary intoxication. |
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Term
| What claims can the defense of involuntary intoxication establish? |
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Definition
1. No actus reus due to involuntary act
2. Insufficient proof of any subjective mens rea
3. Assert insanity |
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