Shared Flashcard Set

Details

Criminal Law
Law of Criminals
14
Law
Professional
02/21/2011

Additional Law Flashcards

 


 

Cards

Term
Wharton Rule
Definition
A crime that requires 2 or more people cannot be charged as a conspiracy, unless there is an agreement with an additional person
Term
Attempt
Definition
Substantial step approach asks whether a defendant made a substantial step towards completion of the crime (beyond preparation)
Term
Mens Rea for Battery
Definition
General intent
Term
Abandonment
Definition
NOT A DEFENSE!!!
Term
Impossibility
Definition

If someone attempts to do an impossible crime, it is still a crime!

 

Only applicable if someone tries to do something legal, thinking it's illegal

Term
Homicide: Actus Reus
Definition
The killing of one human being by another (includes viable fetus if intent)
Term
Murder: Malice (4)
Definition

1. Intent to kill

2. Intent to inflict great bodily harm

3. Reckless indifference to human life

4. Felony Murder

Term
Larceny (6 Elements)
Definition

1. Taking

2. personal property

3. Of another

4. Carry away

5. Trespass

6. Intent to steal

Term
Embezzlement
Definition

Lawful entrustment of another's property

 

Dealing with the property in a manner inconsistent with trust arrangement

 

No personal gain by defendant required

Term
Robbery: Larceny by force
Definition

If based on threat, must be of immediate death or serious injury to victim, family member, or 3rd person on scene

 

Can also be destruction of house

Term
Burglary: Elements (4)
Definition

1. Breaking and entry

2. Of a dwelling of another/any building

3. Night/Anytime

4. With intent to committ felony/any crime

 

Term
M'Naghthen Test
Definition

Defendant not guilty if defendant has mental illness that caused him to lack the ability, at the time of the crime, TO KNOW WHAT HE DID WAS WRONG; or

TO UNDERSTAND NATURE & QUALITY OF HIS ACT

Term
MPC TEST
Definition

Defendant not guilty if as a result of a mental illness he

LACKS SUBSTANTIAL CAPACITY TO APPRECIATE

that what he did was wrong; or

CONFORM HIS CONDUCT TO REQUIREMENTS OF THE LAW

Term
Durham Test
Definition
Defendant is not guilty if unlawful act was the product of a mental illness or defect
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