Term
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Definition
Solicitation is the requesting, urging, or tempting another to do a crime, with the specific intent that the crime be committed. Solicitation mergers with the completed crime. (Crusher P104).
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Term
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Definition
Requesting, urging or tempting another to commit a crime, with the specific intent that the solicitee commit a crime.
(2005 oct fylsx Q2 B is great!) |
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Term
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Definition
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Under common law, conspiracy is an agreement by two or more people to commit an unlawful act. Modernly, a conspiracy requires an overt act in furtherance of the conspiracy. (Crusher P104)
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Term
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Definition
| An agreement between two or more people to commit a crime with the specific intent that the crime be committed. Under common law a conspiracy was complete with the agreement, modernly the conspiracy requires an overt act. (2005 OCT FYLSX Q2 B) |
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Term
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Definition
| Under Pinkerton’s rule, co-conspirators are liable for all crimes of the other conspirators if the crimes were foreseeable and in furtherance of the conspiracy. (Crusher P105, June 2002 fylsx Q3) |
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Term
| ACQUITTAL OF CO-CONSPIRATOR |
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Definition
| One co-conspirator is found not guilty, then: Traditionally: Other co-conspirator(s) must be acquitted. Modernly: Other co-conspirators(s) may be found guilty as long as not tried in a single proceeding that results in an inconsistent verdict. |
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Term
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Definition
| Pinkerton's Rule. This rule states that all co-conspirators will be responsible for the unlawful acts of other co-conspirators done in furtherance of the conspiracy. (2002 June fylsx Q3 A) |
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Term
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Definition
| Under Wharton’s rule, if a crime to be committed requires more than two people, then conspiracy would be where there is an agreement by the number of people required to commit the crime, plus at least one other. (Crusher P015) |
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Term
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Definition
| Warton’s rule requires one more person in the agreement than is necessary to commit the crime. (June 2002 fylsx Q3) |
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Term
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Definition
| Impossibility: No defense Member of Protected Class: Valid defense Abandonment - Withdrawal Conspiracy: No defense Subsequent crime: Defense if: Withdrawal is communicated to all co-conspirators Ample time remains to abandon conspiracy. If item supplied, effort must be made to recover. Merger: Conspiracy does not merge into completed crime |
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Term
| IRRESISTIBLE IMPULSE TEST |
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Definition
| Defendant is entitled to acquittal if his crime was the result of an irresistible impulse that overcame his will. (2002 oct fylsx Q2 A) |
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Term
| WITHDRAWAL FROM CONSPIRACY |
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Definition
| A party may withdraw from a conspiracy provided that the withdrawal is done voluntary (without duress of immediate apprehension), is disclosed to all other parties of the conspiracy, and is in sufficient time before the crime is committed. (June 2002 fylsx Q3) |
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Term
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Definition
| Under criminal law, attempted robbery is committed when a significant step is taken toward the commission of the crime, with the intent to commit the crime. Robbery is larceny, a trespassory taking and carrying away the property of another with the intent to permanently deprive, from the victim’s person or presence, by force or threats of force or fear. (June 2005 fylsx Q1 B)) |
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Term
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Definition
| Under criminal law, attempted murder is a substantial step toward murder, with the specific intent that the murder be committed. Murder is a homicide with malice. Malice may be shown several ways including intent to kill, intent to cause serious bodily injury, wanton conduct, and attempted murder during the commission of an inherently dangerous felony. (Check WC and FMR for attempts) (June 2005 fylsx Q1 B) |
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Term
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Definition
| Under criminal law, factual impossibility occurs where unforeseen circumstances prevent the commission of an otherwise illegal act. Legal impossibility is found where the defendant intends an act, thinking it is illegal, but at the time attempted it is legal. Factual impossibility is not a defense to attempt, legal impossibility is. (B June 2005 fylsx Q1 B) |
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Term
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Definition
| FACTUAL IMPOSSIBILITY EXISTS WHEN A D WHO SEEKS TO PERFORM A PROHIBITED ACT AND IS NOT ABLE TO DO SO BECAUSE OF FACTS UNKOWN TO HIM. FACTUAL IMPOSSIBILITY OCCURS WHERE UNFORESEEN CIRCUMSTANCES PREVENT THE COMISSON OF AN OTHERWISE ILLEGAL ACT. |
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Term
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Definition
| Abandonment - Withdrawal: Traditionally: No defense. MPC: Minority - Valid defense if voluntary and complete. IMPOSSIBILITY - TAKE THE FACTS AS THE D THOUGHT THEM TO BE: IF A CRIME, THEN A FACTUAL IMPOSSIBILITY- NO DEFENSE, IF NOT A CRIME, THEN LEGAL IMPOSSBLTY - DEFENSE ATTEMPT MERGES INTO THE COMPLETED CRIME |
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Term
| VICARIOUSLY LIABILITY/ACCOMPLICE LIABILITY - COMMON LAW |
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Definition
| (1) The principal was the person actually present at the scene when the crime was committed. (2) Principle in the First Degree: the person that actually engages in the act the constitutes the crime. (3) Principle in the Second degree: The person who either aids, commands, or encourages at the scene of the crime (1) An accessory is one who is not present at the scene of the crime. (2) Accessory Before the Fact: the person who aids or encourages but is not present at the scene. |
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Term
| VICARIOUSLY LIABILITY/ACCOMPLICE LIABILITY - MODERNLY |
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Definition
| Modernly, a principle is a person who actually engages in the crime. Modernly, an accomplice is a person who aids or encourages before or during a crime. Modernly, accessory after the fact is a person who aids another knowing that he has committed a felony for the purpose of escaping arrest, trial, or punishment. |
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Term
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Definition
| ONE WHO AIDS, COUNSELS, OR ENCOURAGES ANOTHER TO COMMIT A CRIME WITH THE SPECIFIC INTENT TO AID THAT CRIME. (2005 OCT FYLSX Q2 B) |
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Term
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Definition
| AIDING ANOTHER KNOWING THAT SHE HAS COMMITTED A FELONY, FOR THE PURPOSE OF HELPING THE DEFENDANT TO ESCAPE ARREST, TRIAL, OR PUNISHMENT. (2005 OCT FYLSX Q2 B) |
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Term
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Definition
| Under criminal law, battery is intentional causing harmful or offensive touching. (2002 June fylsx Q1 B) |
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Term
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Definition
| Battery is the unlawful application of force to the person of another. Modernly, a battery is aggravated if it is committed with a deadly weapon. (2002 oct fylsx Q2) |
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Term
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Definition
| Under common law, assault is an act by defendant that intentionally places the plaintiff in reasonable apprehension of immediately receiving a batter. Modernly, an aggravated assault is an assault committed with a deadly weapon. |
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Term
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Definition
| Although under common law, mayhem is the disablement or disfigurement of a bodily part with malice that impairs military service to the king, modernly malice is disablement or dismemberment of a bodily part, or disfigurement with malice. |
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Term
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Definition
| (DDD) DISABLEMENT OR DISMEMBERMENT OF A BODILY PART WITH MALICE. |
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Term
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Definition
| Under common law, rape is sexual intercourse with a woman, by a man, not her husband, without consent. |
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Term
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Definition
| Robbery is the trespassory taking and carrying away of the personal property of another, under force or threats of force, with the intent to permanently deprive or steal. (Crusher page 103). |
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Term
| PREFATORY SENTENCE FOR MURDER |
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Definition
| In order to prove murder, the following elements are necessary: 1) there is a homicide of the victim, Victor, 2) that Debra was the actual and proximate cause of Victor’s death, 3) with malice, and 4) no defenses, excuses, or justifications. Modernly, first degree murder may be found though premeditation and deliberation or though the application of felony murder. Modernly, all other forms for murder are second degree. |
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Term
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Definition
| IN ORDER TO PROVE COMMON LAW MURDER, THE FOLLOWING ELEMENTS ARE NECESSARY: FIRST, AN ACT OF HOMICIDE, WHICH IS THE ACTUAL AND PROX CAUSE OF VICTIM’S DEATH, WITH MALICE. MALICE MAY BE ESTABLISHED THOUGH INTENT TO KILL OR INFLICT SERIOUS BODILY HARM OR THOUGH THE FELONY MURDER RULE. MODERNLY FIRST DEGREE MURDER MAY BE ESTABLISHED THROUGH PREMEDITATION AND DELIBERATION OR THROUGH THE FELONY MURDER RULE. MODERNLY, ALL OTHER FORMS OF MURDER ARE SECOND DEGREE. |
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Term
| JUSTIFICATION - SELF-DEFENSE |
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Definition
| Self-defense excuses a killing if the perpetrator acted reasonably (general intent) and in good faith (specific and general intent crimes) to protect self from serious bodily injury or death and if the actions in defense were proportionate to the threat. (2002 oct fylsx Q2 B) |
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Term
| JUSTIFICATION - DEFENSE OF OTHERS |
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Definition
| UNDER CL, A CLOSE RELATIONSHIP WAS NEEDED, MODERNLY, ANYONE CAN BE DEFENDED. CAN USE THE FORCE THE D RESONABLY BELIEVED THAT THE THIRD PARY HAD THE RIGHT TO USE. |
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Term
| JUSTIFICATION -CRIME PREVETION |
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Definition
| REASONABLE FORCE MAY BE USED TO PREVENT A FELONY OR SERIOUS BREACH OF PEACE. DEADLY FORCE MAY BE USED TO PREVENT DANGEROUS FELONY INVOLVING RISK TO HUMAN LIFE. |
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Term
| JUSTIFICATION -DEFENSE OF HABITATION |
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Definition
| DEADLY FORCE MAY BE USED TO PREVENT COMMISSION OFA DANGEROUS FLONY OR TREPASSER |
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Term
| JUSTIFICATION - DEFENSE OF PROPERTY |
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Definition
| DEADLY FORCE MAY NEVER BE USED TO PROTECT PERSONAL PROPERTY. REASONABLE NON-DEADLY FORCE MAY BE USED TO PREVENT MISAPROPRIATION OR DESTRCUTION OF PERSONAL PROPERTY |
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Term
| EXCUSE: MISTAKE OF FACT - REASONABLE |
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Definition
| MISTAKE OF FACT WILL BE A DEFENSE FOR SPECIFIC INTENT CRIMES SUCH AS LARCENY AND EMBEZZELMENT, IF THE FACTS, AS THE DEFENDANT THOUGHT THEM TO BE, DID NOT CONSTITUTE A CRIME. (2005 OCT FYLSX Q2 B) |
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Term
| EXCUSE: REASONABLE MISTAKE OF FACT |
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Definition
| DEFENSE Reasonable mistake: a mistake a reasonable person would make. Genuine mistake: defendant in-fact made the mistake. Valid defense for all crimes except strict liability. |
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Term
| INSANITY - M’NAUGHTEN RULE |
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Definition
| The defendant is entitled to acquittal, if at the time of the crimes and as a result of a mental condition, he 1) did not know the nature or quality of his act, 2) or that his act was wrong. (2002 oct fylsx Q2 A) |
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Term
| INSANITY - MODEL PENAL CODE |
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Definition
| Defendant is entitled to acquittal if at the time of the crime and as a result of a mental condition, he 1) lacked the capacity to conform his conduct to the requirements of the law, or 2) did not know his act was wrong. (2002 oct fylsx Q2 A) |
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Term
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Definition
| Defendant is entitled to acquittal if his crime was the product of a mental defect. (2002 oct fylsx Q2 A) |
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Term
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Definition
A VICTIM CANNOT CONSENT TO A FELONY |
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Term
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Definition
| WHEN D COMMITS A CRIMINAL ACT UNDER THREAT OF NATURAL FORCES THE CT BALANCES THE HARM ANTICIPATED VERSUS THE HARM INFLICTED. |
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Term
| UNREASONABLE MISTAKE OF FACT |
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Definition
| Unreasonable mistake: a mistake a reasonable person would NOT make. Genuine mistake: defendant in-fact made the mistake. Valid defense for specific intent crimes only. |
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Term
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Definition
| IN A MINORITY OF JURISDICTIONS, THE D WILL BE ACQUITTED IF SOME ACTON OR INSANE IMPLUSE DIMINISHED HIS CAPACITY TO REASON AND THINK THROUGH HIS ACTIONS. |
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Term
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Definition
| The parent of a minor child, or any person in loco parentis with respect to that child, may lawfully use reasonable force upon the child for the purpose of promoting the child’s welfare. |
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Term
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Definition
| First degree murder is an unlawful homicide committed with premeditation and deliberation and specific intent to kill. Premeditation and deliberation may be proven by application of the felony murder rule. (2002 oct fylsx Q2 A) |
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Term
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Definition
| Involuntary manslaughter is an unintended homicide that results from criminal negligence, or the commission of an unlawful act, not amounting to an inherently dangerous felony. 2002 June fylsx Q1 A) |
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Term
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Definition
| Voluntary manslaughter is an intentional homicide committed with malice, but with mitigation. Mitigation may be proven by adequate provocation or mistaken justification. (2002 oct fylsx Q2 A) |
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Term
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Definition
| Involuntary manslaughter is an unintentional homicide that results from 1) application of the misdemeanor manslaughter rule, 2) intent to inflict non-serious bodily harm, 3) criminal negligence. (2002 Oct fylsx Q2 A) |
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Term
MITIGATION FACTORS
INVOLUNTARY MANSLAUGHTER |
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Definition
| INTENT TO COMMIT LESS THAN SERIOUS BODILY INJURY CRIMINAL NEGLIGENCE MISDEMEANOR MANSLAUGHTER RULE MALUM IN SE INCLUDES NOT INHERENTLY DANGEROUS FELONIES NEED NOT BE INDEPENDENT OR COLLATERAL UNRESONABLE MISTAKE OK |
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Term
MITIGATION FACTORS
VOLUNTARY MANSLAUGHTER |
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Definition
ADEQUATE PROVOCATION (anger/rage/passion)
IMPERFECT SELF-DEFENSE
REASONABLE MISTAKE AND UNRESONABLE MISTAKE OK |
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Term
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Definition
| Under criminal law, voluntary manslaughter is an intentional killing without malice aforethought done with adequate provocation: (1) Provoked if it is a reasonable person. (2) Defendant provoked. (3) Not time for cooling down. (4) Defendant did not cool down. (2002 June fylsx Q1 b) |
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Term
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Definition
| Burglary, at common law, is the breaking and entering of the dwelling house of another during the nighttime with the intent to commit a felony therein. (2003 oct fylsx Q2 A) |
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Term
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Definition
| A trespassory breaking and entering into the dwelling house of another, in the nighttime, with the specific intent to commit a felony therein. (2005 OCT FYLSX Q2 B) |
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Term
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Definition
| Entry into any structure, at any time, with the specific intent to commit any crime or misdemeanor within. (2005 OCT FYLSX Q2 B) |
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Term
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Definition
| At common law, arson was the malicious burning of the dwelling house of another. Modernly, arson is the burning of any structure, including the defendant’s own home if the intent is to collect insurance proceeds. Malice may be found though intent, or through an act with willful and wanton disregard for the criminal results. (June 2005 fylsx Q1 B) |
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Term
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Definition
| Arson, at common law, is the malicious burning of the dwelling house of another. (2003 oct fylsx Q2 A) |
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Term
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Definition
| Larceny is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive or steal without consent or legal privilege. (Crusher P103) |
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Term
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Definition
| Larceny by trick is the obtaining possession of personal property of another by means of a misrepresentation. |
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Term
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Definition
| An accomplice in the first degree is one who is present at the time of the commission of the crime who may not actually be the principal. An accomplice in the second degree is not present at the time of the crime, but who has the intent to commit the crime and who aids or abets the others in the commission of the crime. (2002 June fylsx Q3 A) |
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Term
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Definition
| Duress negates the intent to commit a crime. Where defendant has been threatened with physical force he may rely on the defense of duress. However, the force or the threat of force must be imminent where the force is to occur sometime in the future. (2003 oct fylsx Q2 A) |
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Term
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Definition
| ASSUALT LARCENY, LARCNEY BY TRICK ROBBERY POSSESSION OF STOLEN PROPERTY BURGLARY FORGERY EMBEZZELMENT FALSE PRETENSES ALL DEFENSES ARE AVAILABLE |
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Term
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Definition
| MANSLAUGHTER RAPE BATTERY KIDNAPPING FALSE IMPRISONMENT MISCELLANEOUS MISDEMEANORS SOME DEFENSES ARE AVAILABLE |
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Term
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Definition
| SELLING LIQUOR STATUTORY RAPE PARKING TICKETS |
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Term
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Definition
| Transferred intent applies to malice and general intent crimes, but not to specific intent crimes (except for first degree premeditated murder). |
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Term
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Definition
| BORN ALIVE FIRST BREATH CIRCULATORY SYSTEM INDEPENDENT OF ITS MOTHER |
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Term
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Definition
| DIRECT - NO INTERVENING ACTS BETWEEN DEFENDANT’S AND VICTIM’S DEATH. INDIRECT - THERE ARE FORESEEABLE INTERVENENING ACTS BETWEEN ACTS AND VICTIM’S DEATH. |
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Term
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Definition
| WANTON CONDUCT IS A DEPRAVED-HEART AND EXTREME INDIFFERENCE TO HUMAN LIFE. |
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Term
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Definition
| TRESPASSORY TAKING AND CARRYING AWAY OF THE PERSONAL PROPERTY OF ANOTHER WITH THE SPECIFIC INTENT TO PERMANENTLY DEPRIVE OR STEAL REASONABLE OR UNREASONABLE MISTAKE OF FACT |
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Term
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Definition
| Larceny is the trespassory taking and carrying away of the personal property of another with the specific intent to permanently deprive, steal, or cause a substantial risk of loss to the owner. (2005 OCT FYLSX Q2 B) |
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Term
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Definition
| LARCENY, WHERE THE CONSENSUAL TAKKING IS ACCOMPLISHED BY INTENTIONAL MISREPRESENTATION. |
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Term
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Definition
| EMBEZZELMENT IS THE WRONGFUL CONVERSION OF PROPERTY BY DEFENDANT IN RIGHTFUL POSSESSION WITH THE SPECFIC INTENT TO DEFRAUD |
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Term
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Definition
| OBTAINING TITLE TO PROPERTY OF ANOTHER BY INTENTIONAL MISREPRESENTATION WITH THE INTENT TO DEFRAUD |
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Term
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Definition
| WRONGFUL TRESPASS D KNOWS HE DOES NOT HAVE RIGHT TO POSSESS CONTINUING TRESPASS DOC APPLIES INNOCENT TRESPASS D BELIEVES HAS THE RIGHT TO POSSES (COIN CASE) CONTINUING TRESPASS DOCTRINE DOES NOT APPLY |
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Term
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Definition
| FALSE MAKING OR MATERIAL ALTERING OF A WRITING WITH THE INTENT TO DEFRAUD |
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Term
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Definition
| TTRESPASSORY TAKING AND CARRYING AWAY THE PERSONAL PROPERTY OF ANOTHER, FROM THE PERSON OR THEIR PRESENCE, BY FORCE OR THREATS OF FORCE, WITH THE SPECIFIC INTENT TO PERMANENTLY DEPRIVE. AGGREVATED ROBBERY - ROBBERY COMITTED BY USE OF DEADLY WEAPON. |
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Term
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Definition
| OFFERING A GENUINE FORGED INSTRUMENT WITH THE INTENT TO DEFRAUD |
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Term
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Definition
| OBTAINING MONEY BY ORAL OR WRITTEN THREATS TO HARM VICTIM, OTHERS, OR PHYSICAL DAMAGE TO VICTIMS PROPERTY. |
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Term
| RECEIVING STOLEN PROPERTY |
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Definition
| RECEIVING POSSESSION OF STOLEN PROPERTY KNOWING IT TO BE STOLEN, WITH THE INTENT TO DEPRIVE. |
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Term
| RECEIVING STOLEN PROPERTY |
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Definition
| RECEIVING CONTROL OR POSSESSION OVER STOLEN PROPERTY, KNOWING IT TO BE STOLEN, WITH THE SPECIFIC INTENT TO PERMANENTLY DEPRIVE. |
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Term
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Definition
| WRONGFUL CONVERSION OF PROPERTY RIGHTFULLY POSSESSED, WITH THE SPECIFIC INTENT TO PERMENANTLY DEPRIVE OR STEAL. (2005 OCT FYLSX Q2 B |
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Term
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Definition
| UNDER CL, CORRUPT PAYMENT OR RECEIPT OF ANYTHING OF VALUE FOR OFFICIAL ACTION. MODERNLY EXTENDS TO NONPUBLIC OFFICIALS. OFFERING OR TAKING MAY CONSTITUTE A CRIME. |
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Term
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Definition
| PERJURY IS THE INTENTIONAL TAKING A FALSE OATH IN REGARD TO A METERIAL MATTER IN A JUDICIAL PROCEEDING. SUBORNATION OF PERJURY IS INCITING ANOTHER TO COMMIT A PERJURY |
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Term
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Definition
| AGREEING, FOR VALUABLE CONSIDERATION, NOT TO PROSECUTE ANOTHER FOR FELONY, CONCEAL THE COMMISSION OF A FELONY, OR THE WHEREABOUTS OF A FELON. |
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Term
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Definition
| UNDER CL, FALIURE TO DISCLOSE THE KNOWELDGE OF A CRIME OR PREVENT THE COMMISSION OF A CRIME, MODERNLY NO LONGER A CRIME HOWEVER REQUIRES SOME AFFIRMATIVE ACTION. |
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Term
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Definition
| CONCEALMENT AND NON-DISCLSOURE OF KNOWN FELONIOUS CONDUCT OF ANOTHER. (2005 OCT FYLSX Q2 B) |
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Term
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Definition
| REASONABLE FORCE TO AVOID HARM DEADLY FORCE - D MUST BE IMMEDIATE DANGER OF AN UNLAWFUL DEADLY ATTACK. |
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Term
| FORCE USED TO EFFECTUATE ARREST |
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Definition
| PRIVATE NON-DEADLY FORCE, RESONABLE BELIEF CORRECT PERSON. DEADLY - ACTOR IS GUILTY OF FELONY, PREVENT FELONS ESCAPE, AND FELON POSES SERIOUS THREAT OF BODILY HARM. PUBLIC AUTHORITY - RESONABLE FORCE IF AUTHORIZED UNDER A LAW, CORT ORDER, OR PROCESS |
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Term
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Definition
| FORGIVENESS BY VICTIM IS NO DEFENSE |
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Term
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Definition
| NO DEFENSE EXCEPT WHEN STATUE WAS NOT PUBLISHED PRIOR TO COMMISSION OF CRIME RESONABLE RELIANCE ON STATUTE OR JUDICAL DECISION RESONABLE RELIANCE ON OFFICIAL INTERPRETATION (JXDN) |
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Term
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Definition
| THE CRIMINAL DESIGN ORIGINATED WITH THE POLICE THE D WAS IN NO WAY PREDISPOSED TO COMMIT THE CRIME SUBJECTIVE TEST |
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Term
| -WRONGFUL TRESPASS DOCTRINE |
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Definition
| UUnder the Wrongful Trespass Doctrine, there need not be concurrence of actus reus and mens rea, if the mens rea is formed later. (2005 OCT FYLSX Q2 B) |
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Term
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Definition
| Crim Law there's no Duty to Act unles you find a SCRAP Statute Contract Relationship Assumption to act Peril, Creation of... |
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Term
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Definition
| Unlawful confinement or detention of another without legal authority |
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Term
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Definition
| Unlawful sexual intercourse with a woman without her consent. |
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Term
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Definition
| Secreting a person away. False imprisonment with movement to a different location. |
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Term
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Definition
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Term
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Definition
| MALICE MAY BE SHOWN THROUGH INTENT TO KILL, INTENT TO COMMIT SERIOUS BODILY INJURY, THROUGH WANTON CONDUCT, OR THE FELONY MURDER RULE |
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Term
| EXCUSE: INTOXICATION (Voluntary and/or involuntary) |
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Definition
| VOLUNTARY INTOXICATION CAN BE USED TO NEGATE THE MENS REA - GOOD FOR SPECIFIC INTENT CRIMES |
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Term
| MITIGATION - IMPERFECT SELF-DEFENSE |
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Definition
| OK IF D WITHDRAWALS AND COMMUNICATES THAT WITHDRAWAL |
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Term
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Definition
| THE MALICIOUS DESTRUCTION OR, OR DAMAGE TO, PROPERTY OF ANOTHER |
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Term
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Definition
| INTENTIONAL KILLING OF ANOTHER WITH MALICE AFORETHOUGHT |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| PROCURING OR INDUCING ANOTHER TO COMMIT PERJURY |
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Term
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Definition
| AGREEING FOR VALUABLE CONSIDERATION NOT TO PROSECUTE ANOTHER FOR A FELONY OR TO CONCEAL THE COMMISSION OF A FELONY OF THE WHEREABOUTS OF A FELON |
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