Term
| Mens Rea - Specific intent |
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Definition
| The Results element of the crime was the intent |
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Term
| Mens Rea - General Intent |
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Definition
The results element of the crime was not the intent
NOTE: if no Mens Rea term the presume General intent |
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Definition
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Term
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Definition
| act of acquiring something and failing to divest self of that something. |
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Definition
| Specific intent- must intend to posses it. |
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Term
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Definition
SCRAP
1. Statutory
2. Contract
3. Relationship
4. Assumption of Voluntary Care
5. Peril |
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Term
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Definition
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Term
| Mistake of Fact Defense- Specific intent |
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Definition
| An honest mistake is a defense |
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Term
| Mistake of Fact- General Intent |
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Definition
| If HONEST and REASONABLE mistake then there defense |
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Term
| Mistake of Fact - Defense- grading |
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Definition
Grading
-Strict liability with respect to grading
-no MR in CL with respect to grading; MPC has MR |
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Term
| Mistake of Crim Law as a defense- Specific Intent |
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Definition
| No defense unless an official misstatement |
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Term
| Mistake of Non-Crim Law as a defense- Specific Intent |
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Definition
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Term
| Mistake of Non-Crim Law as a defense- General Intent |
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Definition
| Some jurisdictions treat as honest and reasonable mistake and don't give a defense |
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Term
| Voluntary Intoxication as a Defense- specific intent |
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Definition
Minority Position- no Defense (FL)
Majority Position
-Subjective: if it negates the mens rea
-objective: if person COULD NOT have formed the mens rea |
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Term
| Voluntary Intoxication as a defense- General Intent |
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Definition
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Term
| Attempt- Test #1 & Test #2 |
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Definition
Test #1- Res Ipsa Loquitor (RIL): If you can tell exactly what they will do by their preparations.
Test #2- Proximity: So close to committing the crime that id not for the arrest, the crime would have been completed.
- Physical Proximity: degree of physical closeness to committing the crime.
-dangerous proximity- degree of apprehension aroused aka what are the odds that the crime will be carried out
NOTE: not guilty of attempt unless you have intent to commit all elements of the crime. |
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Term
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Definition
1. Clear and imminent danger
2. reasonable expectation that act will abate him
3. no effective way to avert harm/no legal alternative
4. Law-breaking must be less harmful than harm seeking to avoid
5. if the thing you're trying to avoid cannot be lawful (abortion clinic example)
6. You didn't create the necessity
7. Necessity will NEVER be a defense to homicide: Regina v. Dudley |
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Term
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Definition
| Force is justified if non-aggressor defendant REASONABLY believes force is necessary to defend against unlawful force. |
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Term
| Self-Defense: Reasonable Mistake as a Defense |
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Definition
Specific Intent- honest mistake
General Intent- honest & reasonable mistake |
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Term
| Self Defense: Unreasonable Mistake as Defense |
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Definition
No Defense- guilty of whatever force you need
Minority Position- mitigate to manslaughter if P or K crime |
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Term
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Definition
| Ability to retreat is one factor to consider in determining reasonableness for the jury. |
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Term
| Self Defense: Force, Reasonable Mistake, Unreasonable mistake, Retreat |
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Definition
Force- Force is justified if non-aggressor defendant REASONABLY believes force is necessary to defend against unlawful force.
Reasonable mistake: Specific Intent- honest mistake
General Intent- honest & reasonable mistake
Unreasonable mistake: No Defense- guilty of whatever force you need
Minority Position- mitigate to manslaughter if P or K crime
Retreat: Ability to retreat is one factor to consider in determining reasonableness for the jury. |
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Term
| Defense of others- Force: |
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Definition
is justified if non-aggressor defendant REASONABLY believes force is necessary to defend against unlawful force.
Minority position: can only protect someone who has the right to protect protect himself. |
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Term
| Defense of Others- Reasonable mistake |
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Definition
Specific Intent- honest mistake
General intent- honest and reasonable mistake |
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Term
| Defense of others- unreasonable mistake as a defense: |
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Definition
no defense of whatever force you need
Minority position: mitigate to manslaughter if P or K crime. |
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Term
| Defense of others- Retreat |
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Definition
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Term
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Definition
Non-deadly force can be used if the defendant reasonably believe it is necessary to prevent imminent, unlawful dispossession of his property, or to promptly recapture unlawfully dispossessed property.
Can't use force if there's time to invoke law enforcement first |
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Term
| Domestic Violence as Justification |
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Definition
If it is not a confrontational situation, cannot use self-defense.
Cannot use force if not imminent.
Typically used in a non-imminent threat so not imminent; therefore, no defense |
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Term
| Excuse Duress- can use if |
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Definition
1. The threat of immediate infliction, upon the defendant, of death or bodily harm
2. The defendant's well-grounded fear that the threat will be carried out; and
3. The defendant's lack of of a reasonable opportunity to otherwise avert the threatened harm |
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Term
| Excuse Duress: Effect of Mistake |
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Definition
| Mistake might bee mitigated from murder to manslaughter. |
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Term
| Excuse Duress: Contributory Actions by the Defendant |
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Definition
| If you put yourself in the position, duress is no defense |
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Term
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Definition
1. McNaughten
2. Control/Irresistible Impulse
3. Product |
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Term
| Excuse Insanity- McNaughten |
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Definition
| MD/D such that the accused did NOT know the nature/quality of their act or what they were doing was wrong. |
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Term
| Excuse Insanity- Control/Irresistible Impulse |
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Definition
| MD/D such that a person cannot control himself |
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Term
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Definition
| The crime is a product of the MD/D |
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Term
| Excuse Insanity- test for competency to stake stand |
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Definition
| If the accused knows the prosecutor is trying to prosecute and they know the defense is trying to defend you. |
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Term
| Rape-Traditional Definition |
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Definition
Male has Carnal Knowledge by having vaginal intercourse
Woman must use force to stop her assailant. Just saying NO isn't enough. |
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Term
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Definition
| Includes rape of spouse and has expanded AR; some states include oral, vaginal, and anal sex. Gender Neutral |
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Term
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Definition
| if honest and reasonable, then it can be a defense. (General intent mistake of Fact.) |
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Term
| Rape- Effect of Intoxication |
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Definition
| If someone is incompetent to consent, that is rape. Penetration can be considered force in those jurisdictions that have a force requirement. |
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Term
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Definition
| Cannot rape your wife? *ask Rozelle |
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Term
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Definition
Yes means no-
1: Because we don't care what that victim wants they are a victim by definition
2: The age for statutory rape used to be under 10 but now its 13
3: If the victim is between 13 and 16 and the def is more than 4 years older
4: Strict liability with respect to age, and in FL, even it the victim lied about it. |
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Term
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Definition
Actus Reus: aid, abet, comfort, counsel, encourage, consent, etc.
Mens Rea: Specific Intent- have to have mens rea both as to your own actions and the principle's actions
- Stake in the Venture: accomplice cares about the venture and wants it to succeed.
you have a vested interest in the results element of the principle's crime. |
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Term
| Complicity- Extension/Durham Rule |
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Definition
You are guilty as an accomplice if the thing that you're now being charged for is a natural and probably (foreseeable) consequence of crimes that you DID aid, abet, counsel, etc.
Accomplice is guilty of a crime with a less mens rea than the principle actor needs for his/her crime. Principle actor still needs to commit the act. |
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