Term
| Elements of the Crime: Act |
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Definition
Act: any volitional movement
Omission okay unless you have duty of care or created the party |
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Term
| Elements of the crime: Mental State types |
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Definition
spefic intent
malice
genreal intent
strict liabity |
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Term
| Metal State: Spefic Intent Crimes (10) |
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Definition
solicitation
attempt
conspiracy
first degree murder
assault
larceny and robbery
burglary
forgery
false pretenses
embezzlement |
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Term
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Definition
| Common Law Murder and Arson |
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Term
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Definition
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Term
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Definition
| no intent any intent negating defense is not nessacery |
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Term
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Definition
solicitation
conspiracy
attempt |
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Term
| Inchoate offenses: solicitation |
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Definition
| asking someone to commit a crime. the crime ends when you ask them |
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Term
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Definition
unlawful objective
elements: agrment + overtact
intent to agree
intent to persue unlawful objective |
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Term
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Definition
| spefic intent + a substantial step beyond mere preparation in the direction of the commission of the crimes |
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Term
| Defenses: Insanity Defense |
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Definition
Mcnaughton Rule: at the time of his actions the D lacked the ability to know the wrongfulness of his actions or understand the nature or quality of his actions
Irresistible Impulse: lacked the capacity for self control and free choice
Durham Rule: defendants conduct was a product of a mental illness
MPC: defendant lacked the ability to conform his conduct to the requirements of law |
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Term
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Definition
Voluntary: addicts and alcoholics: defense only to specific intent crimes
involuntary: you have to be forced or tricked, defenses to all crimes |
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Term
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Definition
non deadly: may be used anytime the victim reasonably believes that forces is about to be used on them
Deadly: majority: if you reasonably believe that deadly force is about to be used on you, minority duty to retreat
orgnial aggressor: only if disengage and say he's done |
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Term
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Definition
| okay if gun to your head but not homicide |
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Term
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Definition
must be reasonable
any mistake is a defense if the D is charged with a spefic intent crime
never a defense to strict liabilty |
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Term
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Definition
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Term
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Definition
completed assault
general intent crime |
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Term
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Definition
an attempted Battery
Assault as an attempted battery: this is a specific intent crime
Assault as a threat: I threaten you with bodily injury: general intent crime |
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Term
| homicide: murder if you show one of these intents |
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Definition
intent to kill
intent to do serious bodily harm
depraved heart or reckless murder
felony murder |
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Term
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Definition
Voluntary
passion killing
involuntary
killings from criminal negligence "falling asleep at the wheel"
Misdemeanors or an unenumerated felony |
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Term
| Defenses to felony Murder |
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Definition
defense to underlying felony
the felony must be something other than the killing
deaths must be foreseeable
deaths caused while fleeing from a feloney are feloney murder but once the D reaches a point of temporay sadety death after are murder not feloney murder
D s not liable for the death of a co felon as result of resistance of the victim and police |
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Term
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Definition
Wrongful taking (stealing)
Carry Away (slightest movement)
Personal Property of another without consent
with the intent to deprive the owner permanently (at the time of the taking) of his property
If you believe its yours (spefic intent) not larceny |
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Term
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Definition
| lawful possession followed by an illegal conversion |
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Term
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Definition
| D persuades owner to cove title by a false pretense as to a present or past fact. |
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Term
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Definition
Larceny + Assult
taking
carrying away
personal property of another
without consent
from the person or his presence
By violence or putting in fear |
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Term
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Definition
Different from robbery in two ways
doesn't have to take anything from the person or presance
threats of future not imminant harm |
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Term
| offenses against habbitaion: Burglary |
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Definition
breaking
entering: any part of the body crosses
Dwelling House
at night
intent to commit felony must exist at the time of the entering |
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Term
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Definition
| the malicious burning of the dwelling house of another |
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