Term
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Definition
1. act was committed inside sate
2. act caused result in state |
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Term
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Definition
| A crime almost always requires proof of a physical act, a mental state, and concurrence of both. |
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Term
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Definition
| Voluntary bodily movement |
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Term
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Definition
1. Specific duty
2. Defendant knows of duty
3. Possible to perform |
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Term
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Definition
| statute, contract, relationship, voluntrary assumption of care, creation of peril |
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Term
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Definition
1. Solicitation
2. Attempt
3. Conspiracy
4. 1st degree murder
5. assault
6. larceny and robbery
7. burglary
8. forgery
9. false pretenses
10. embezzlement |
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Term
| Non-specific intent creimes |
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Definition
General intent: battery, rape, kidnapping false imprisonment
Malice: common law murder and arson |
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Term
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Definition
An awarness of all factors constituting crime
A jury may infer intent merely from doing of the act |
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Term
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Definition
D can be liable under the doctrine of transferred intent where she intends the harm that is actually caused, but to a different victim.
Usually guilty of two crimes. |
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Term
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Definition
| A strict liability or public welfare offense is one that does not require awareness of all of the factors constituting the crime i.e. the defendant cab be found guilty from the mere fact she committed the act. |
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Term
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Definition
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Term
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Definition
| AWARE or KNOWS his conduct will cause result |
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Term
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Definition
| He knows of substantial unjustifiable risk and consciously disregards it. |
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Term
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Definition
| A person acts negligent when he fails to be aware of a substantial and unjustifiable risk |
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Term
| Concurrenct of mental fault with physical act |
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Definition
| Defendant must have had the intent necessary for the crime at the time he committed the act constituing the crime. |
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Term
| Common law accomplice liability: |
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Definition
Principal in first degree: person who committed offense
Principal in second degree: aided, commanded, or encourage
accessory before the fact: assisted or encourage but not present
accessory after the fact: w/ knowledge of felony assisted him to escape punishment. |
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Term
| Modern accomplice liability: prinicpal |
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Definition
person who commits the illegal act or who causes an innocent agent to do so.
Liable for principal crime. |
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Term
| Modern accomplice liability: accomplice |
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Definition
peroson who aids or encourages principal to commit the illegal conduct
Liable for principal crime if accomplice intended to aid or encourage |
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Term
| Modern accomplice liability: accessory after the fact |
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Definition
person who aids another to escape knowing that he has committed a felony
Liable for seperate less serious crime of being an accessory after fact |
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Term
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Definition
Intent to encourage crime.
Most states will hold mere knowledge is not enough. |
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Term
| Accomplice: scope of liability |
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Definition
| An accomplice is responsible for the crimes he did or counseled and for any other crimes committed in the course of committing the crime contemplated to the same extent as the principal, as long as the other crimes were probable or foreseeable. |
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Term
| Accomplice: Exclusions from liability |
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Definition
Members of protected class
Necessary parties not provided for |
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Term
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Definition
A person who effectively withdraws from a crime before it is committed cannot be guilty as an accomplice.
Withdrwal must occur before crime becomes unstoppable.
1. Repudiation is sufficient withdrawal for mere encouragement.
2. Attempt to neutralize assistance is required if participation went beyond encouragement |
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Term
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Definition
| Inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime. |
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Term
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Definition
It is not a defense that the person solicited is not convicted, nor that the act would not have been successful.
Most jurisdiciton, withdrwal is not a defense. |
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Term
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Definition
| A conspiracy is an agreement between two or more parties to commit a crime. |
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Term
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Definition
1. an agreement between two or more persons 2. an intent to enter into the agreement and 3. an intent by at least two persons to achieve the objective of the agreement.
Majority states + overt act |
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Term
| Conspiracy: modern trend of unilateral approach |
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Definition
| Requires that only one party have genuine criminal intent |
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Term
| Conspiracy: traditional rule of bilateral approach |
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Definition
At common law, a conspiracy required two guilty minds.
If one person in a two party agreement was geiging agreement, the other party cannot be convicted of conspiracy. |
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Term
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Definition
| Under the wharton rule, where two or more people are necessary for the commission of the substantive offense, there is no crime of conspiracy unless more parties participate in the agreement than are necessary for crime. |
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Term
| Conspiracy: effect of co-conspirator acquital |
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Definition
Under the traditional view, the acquital of all persons with whom a defendant is alleged to ahve conspired precludes conviction of the defendant is alleged to have conspired precludes conviction of the remaining defnednat.
All others acquited, defendnat cannot be convicted. |
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Term
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Definition
specific intent
intent to agree and intent to acheive the objective |
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Term
| Conspiracy: liability for co-conspirator's crimes |
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Definition
| A conspirator may be held liable for crimes committed by other conspirators if (1) the crimes are in furtherance of conspiracy, or (2) were foreseeable. |
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Term
| Termination of conspiracy |
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Definition
A conspiracy is usually terminated upon completion of the wrongful objective.
Acts of concealment are not part of conspiracy. |
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Term
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Definition
Generally, not a defense because conspiracy is complete upon act in furtherance.
Withdrawal may be a defense to crimes committed in furtherance of conspiracy.
Withdrwal is effective if notifes all members of conspiracy of withdrawal and neutralize all assistance. |
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Term
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Definition
A chain relationship is a single, large conspiracy in which all parties to subagreements are interested in the single large scheme.
In this case, all members are liable for the acts of others in furtherance of conspiracy. |
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Term
| Hub and spoke relationship |
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Definition
A number of independent conspiracies are linked by a common member.
ALthough the common member will be liable for all of the conspiracies, members of the individual conspiracies are not liable for the acts of the other conspirators. |
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Term
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Definition
An act done with intent to commit a crime, that falls short of completing crime.
Always a specific intent crime. |
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Term
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Definition
Beyond mere preoperation
Proximity test: dangerously close
Modern: substantial step |
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Term
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Definition
Legal impossibility
Abandonment
Common law = no
MPC = full, voluntary and complete abandonment |
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Term
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Definition
1. Not know that his act would be wrong
2. not understand the nature and quality of his actions |
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Term
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Definition
| A defendant is entitled to acquital only if, because of a mental illness, he was unable to control his actions or conform his conduct to law. |
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Term
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Definition
| Product of mental illness |
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Term
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Definition
1. Appreciate criminality of conduct OR
2. Conform his conduct with law. |
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Term
| Insantiy: burden of proof and persuation |
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Definition
| Defendant must prove his insanity, generally by preponderance of evidence |
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Term
| Voluntary intoxication: specific intent crime |
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Definition
Defense if negates intent
Not available if defendant purposely becomes intoxicated in order to commit crime. |
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Term
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Definition
1. w/o knowledge of nature
2. under direct duress
3. Pursuant to medical advice
Apply insanity defense |
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Term
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Definition
Common law: no liability under 7
7-14: rebuttable presumption child could not understand actions.
14+ = adults |
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Term
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Definition
Can us if it appears reasonably necessary to protect self from imminent, unlawful use of force
May use deadly force if (1) without fault (2) confronted with unlawful force (3) threatened with imminent death or great bodily harm. |
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Term
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Definition
Generally no duty to retreat.
Minority: duty to retreat unless in home, during arrest, or during robbery. |
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Term
| Right of agressor to use self defense |
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Definition
1. Withdraws and communicates withdrawal OR
2. victim of initial agression suddenly escalates the minor fight into a deadly alteracation |
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Term
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Definition
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Term
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Definition
Nondeadly force
Deadly force may be used only to protect inhabitant |
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Term
| Defense of property: regaining possession |
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Definition
| Force cannot be used to regain possession of property wrongfully taken unless the person using force is in immediate pursuit of taker. |
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Term
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Definition
It is a defense to a crime that the person reasonably believed that commission of the crime was necessary to avoid an imminent and greater injury to society than that is invovled in crime.
Death is never justified. |
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Term
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Definition
Defendant reasonably believed that another person would imminently inflict death or great bodily harm upon him or a member of his family if he did not commit the crime.
Traditionally, threats to property were not sufficient. Modern trend: if property outweighs crime. |
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Term
| Mistake or ignorance of fact |
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Definition
May be defense if negate mental state.
Specific = any mistake
Gneeral = reasonable |
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Term
| Mistake vs. impossibility |
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Definition
Mistake is usually raised as a defense to a crime that has been completed.
Impossibility arises only when defendant has failed to complete crime. |
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Term
| Mistake of law is no defense |
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Definition
Exceptions:
1. Statute proscribing her conduct was not published or made reasoanbly available prior to conduct
2. there was reasonable reliance on a statute or judicial decision
3. in some jurisdictions, there was reaosnable reliance on official interpretation or advice |
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Term
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Definition
Usually not a defnese
Minor assualts and batteries
Must be: (1) voluntary and freely given; (2) party was legally capable of consenting; (3) no fraud was involved in obtaining consent |
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Term
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Definition
1. criminal design originated with law enforcement officers AND
2. defendant was not predisposed to commit the crime. |
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Term
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Definition
Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.
GENERAL INTENT CRIME |
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Term
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Definition
1. Deadly weapon
2. Battery resulting in serious bodily harm
3. battery of a child, woman, or police officer. |
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Term
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Definition
1. attempt to commit a battery (specific intent)
2. intentional creation of a reaonable apprehension in the mind of the victim of bodily harm |
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Term
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Definition
deadly weapon
intent to rape or maim |
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Term
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Definition
| Felony of mayhem required either dismemberment or disablement of a body part. |
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Term
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Definition
1. Murder
2. Voluntary manslaughter
3. Involuntary manslaugher |
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Term
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Definition
| Murder is the unlawful killin of a human being with malice aforethought. |
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Term
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Definition
1. Intent to kill
2. Intent to inflict great bodily injury
3. Reckless indifference to an unjustifiably high risk to human life
4. intent to commit a felony |
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Term
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Definition
Killing w/ existence of adequate provocation
1. Provocation that would arouse sudden and intense passion
2. Defendant was in fact provoked
3. There was not sufficient time to cool
4. Defendant did not cool |
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Term
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Definition
1. Defendant was at fault in starting altercation
2. Defendant unreasonably but honestly believed in the necessity of responding with deadly force |
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Term
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Definition
| Criminal negligence or duing commission of an unlawful act |
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Term
| First Degree Felony murder |
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Definition
A killing is committed during the commission of an enumerated felony.
BARRK
Burglary, arson, rape, robbery, and kidnapping |
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Term
| Felony murder limitations |
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Definition
1. Defendant must have committed or attempted to commit underlying felony (i.e. defenses cross over)
2. felony must be distinct
3. Death must have been a foreseeable result
4. death must have been caused before defendant's immediate flight
5. Majority: not-liable for death of co-felon killed by victim or police |
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Term
| Felony murder: proximate cause thory |
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Definition
Majority: felons are liable for the deaths of innocent victims caused by someone other than a co-felon.
Agency theory: must be committed by felon or agent |
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Term
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Definition
Cause in fact (but for)
Proximate cause: natural and probable consequence |
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Term
| Homicide causation: year and a day rule |
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Definition
Traditonally: death of victim must occur within one year and one day from infliction of injury or wound
Most states have abolished |
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Term
| Homicide causation: intervening acts |
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Definition
Shield defendant from liability if unforeseeable.
Negligent medical care is foreseeable. |
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Term
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Definition
Unlawful ocnfinement of a person without valid consent.
MPC: requires confinement must interfere substantially w/ liberty. |
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Term
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Definition
| Unlawful confinement of a person that involves either i. some movement of the victim or ii. concealment of the victim in a secret place |
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Term
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Definition
| Ransom, kidnapping for the purpose of committing other crimes, offensive purposes, and child stealing. |
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Term
| Sex offenses: lack of consent |
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Definition
1. Force
2. Threatens harm
3. Incapable of consenting due to unconsciousness, intoxication, or mental condition
4. fraudulently caused to believe act is not interocuse. |
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Term
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Definition
1. Taking
2. And carrying away
3. of tangible personal property
4. of another
5. by trespass
6. with intent to permanelty deprive that person of her interest in the property. |
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Term
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Definition
If defendant had possesion of crime at taking, crime is not larceny but embezzlement.
Low level employees only have custody and not possession. |
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Term
| Larceny: intent to permanetly deprive |
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Definition
| At the time of taking defendant to permanelty deprive a person. |
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Term
| Larceny: continuing trespas |
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Definition
If the defendnat wrongfully takes property without the intent to permanetly deprive, and later decides to keep the property the is guilty of larceny when she decides to keep it.
If original taking was not wrongful (thought was hers), not larceny. |
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Term
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Definition
1. fradulent
2. conversion
3. of personal property
4. of another
5. by person in lawful possession of that property. |
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Term
| Embezzlement: intent to resotre |
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Definition
| If intends to restore EXACT SAME PROPERTY it is not embezzlement |
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Term
| Embezzlement: claim of right |
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Definition
| As with larcency, embezzlement is not committed if conversion is pursuant to claim of right. |
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Term
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Definition
1. obtaining title
2. to personal property of another
3. by an intentinonal false statement of a past or existing fact
4. with intent to defraud |
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Term
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Definition
| Mere custody of property. |
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Term
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Definition
1. taking
2. of personal property of another
3. from the other's person or presence
4. by force or threats of immediate or physical injury
5. with the intent to permanetly deprive
Victim cannot give property freely to be robbery |
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Term
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Definition
Obtaining property by means of threats to do harm or expose information.
Unlike robbery, threats are not of future harms. |
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Term
| Receipt of stolen property |
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Definition
1. receiving possession and control
2. of stolen personal property
3. known to have been obtained in a manner sonstituting a criminal offense
4. by another person
5. with intent to permanetly deprive owner of interests |
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Term
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Definition
Must be stolen at time defendant receives it.
If police have received stolen property and use it without owners permission, no longer stolen
Result: attempt to receive stolen property |
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Term
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Definition
1. making or altering
2. a writing of apparent legal significance
3. so that is is false
3. with intent to defraud |
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Term
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Definition
| Offering the forged instrument as genuine with intent to defraud |
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Term
| Forgery: fraudulently obtaining signature of another |
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Definition
3rd party does not realize he is signing = forgery.
voluntarily signing document based on fraud is not forgery. |
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Term
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Definition
1. Malicious
2. Destruction of or damage to
3. the property of another |
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Term
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Definition
1. a breaking
2. and entry
3. of a dwelling
4. of another
5. at nightime
6. with intent to commit a felony in the structure (at time of entry)
Most technicalities have been eliminated |
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Term
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Definition
1. Malicious
2. Burning (charring is sufficeint)
3. of the dwelling
4. of another |
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Term
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Definition
| Procuring or inducing another to commit perjury. |
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