Term
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Definition
| the counseling, incitement, or inducing of another person to commit or join in the commission of a crime with the intent that the crime be committed. |
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Term
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Definition
| both the solicitor and person solicited are liable if crime committed |
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Term
| IS WITHDRAWAL DEFENSE A DEFENSE? |
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Definition
| usually no defense unless under the MPC which states "withdrawal can be used as a defense if the defendant prevents the commission of a crime or she is protected within a class" |
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Term
| NAME THE 4 DEGREES OF ACCOMPLICE LIABLITY UNDER THE COMMON LAW |
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Definition
1. Principal in the 1st Degree (person who actually engaged in the crime)
2. Principal in the 2nd Degree (person who aided, or encouraged the principal and was present at the crime)
3. Accessory Before the Fact (person who assisted or encouraged but was not present)
4. Accessory after the Fact (person who with knowledge that the other committed a felony, assisted him to escape). |
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Term
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Definition
an agreement between two or more people to commit a crime.
Under the M/L - an overt act is required. |
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Term
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Definition
| need 3 or more persons involved in the crime |
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Term
| WHAT IS A CHAIN RELATIONSHIP? |
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Definition
| a single large group conspiracy where all parties are interested in the same scheme. All are liable for the acts of the others. |
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Term
| WHAT IS A HUB & SPOKE RELATIONSHIP? |
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Definition
| a number of independent conspiracies are linked by a common member. Not liable for acts of the others. |
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Term
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Definition
| a substantial step toward the completion of the ((crime)) with the specific intent to cause the crime. |
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Term
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Definition
| is not a defense under criminal law. |
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Term
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Definition
| acts done by the defendant that would not constitute a crime. |
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Term
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Definition
| a harmful or offensive touching of another that caused bodily injury or an offensive touching. Under M/L, there does not need to be bodily injury. |
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Term
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Definition
| the intentional attempt and present ability to commit a battery that causes reasonable apprehension of imminent bodily harm. |
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Term
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Definition
| the dismemberment or disablement of a bodily part. |
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Term
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Definition
| C/L - sexual intercourse with a female, not her husband, without her consent. (must have some type of resistance under C/L, not required under M/L) |
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Term
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Definition
| sexual intercourse with a female under the age of majority. |
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Term
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Definition
| the unlawful restraint or confinement of another against their will without reasonable means of escape. |
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Term
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Definition
the forcible abduction or confinement of another with movement or concealment. (movement can be slight)
Under C/L - movement must be to another country. |
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Term
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Definition
| a taking and carrying away of personal property of another with the intent to permanently deprive by using force or threat of immediate death or injury. |
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Term
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Definition
| a killing of a human being by another human being. |
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Term
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Definition
| In order to prove CL murder the following elements are necessary: (1) an act of homicide, that is the (2) actual and (3) proximate cause of the victim's death, with (4) malice, and the (5) absence of any defenses. Modernly, first degree murder is proved through the felony murder rule or premeditation and deliberation. All other forms are second degree. |
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Term
| WHAT ARE THE TWO TYPES OF CAUSATION |
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Definition
1. Actual - "but for test" or "substantial factor test"
2. Proximate - (1) direct; (2) indirect; or (3) concurrent |
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Term
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Definition
| a defendant's conduct is the proximate cause of the result if the result is a natural and probable consequence of the conduct. |
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Term
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Definition
1. Intent to kill
2. Intent to inflict serious bodily injury
3. Wanton reckless disregard or depraved heart -
4. Felony Murder Rule |
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Term
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Definition
| can use non-deadly force if reasonably necessary to protect himself from harm. No duty to retreat. The minority view however does require retreat unless there is an attack in the victim's home, victim was making a lawful arrest, or assailant was in the process of robbing the victim. |
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Term
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Definition
| defendant has the right to defend others if he reasonably believes that the person assisted has a legal right to use force in his own defense. |
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Term
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Definition
| non-deadly force can be used to prevent a felony or serious breach of the peace. Deadly force can only be used to prevent a dangerous felony involving risk to human loife.l |
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Term
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Definition
| non-deadly force can be used to regain possession of his personal property is he is in hot pursuit. Deadly force can never be used under the defense of property. |
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Term
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Definition
| the intentionally taking of a substance known to be intoxication without duress. |
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Term
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Definition
| a substance known to be intoxicating taken under duress or without knowledge. |
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Term
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Definition
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Term
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Definition
| usually not a defense under criminal law |
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Term
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Definition
when a person reasonably believes that the commission of a crime was necessary to avoid an imminent and greater injury.
Test is objective. |
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Term
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Definition
| a (1) mental illness or defect (2) at the time of the crime, that caused him to either (3) not know that his act was wrong or (4) not understand the nature and quality of his actions. |
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Term
| IRRESISTIBLE IMPULSE TEST |
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Definition
| a (1) mental illness or defect (2)that defendant is unable to control his actions or conform his conduct to the law. |
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Term
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Definition
| an unlawful act that is the product of a mental illness or defect. (i.e. crime would not have been committed but for the disease) |
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Term
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Definition
| when a defendant has a mental disease or defect and as a result, lacked the substantial capacity to (1) appreciate his conduct is wrong, or (2) conform his conduct to legal requirements. |
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Term
| SHORTHAND WAY TO REMEMBER THE MENTAL ILLNESS TESTS |
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Definition
M'Naughten - the defendant does not know right from wrong.
Irresitable Impulse - an impulse that the defendant could not resist
Durham - but for the mental illness, defendant would not have done the act.
MPC/ALI - a combination of M'Naughten and Irresistible Impulse Test |
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Term
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Definition
| is murder with the specific intent to kill made with premeditation and deliberation. |
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Term
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Definition
C/L - breaking and entering of a dwelling of another at night with the intent to commit a felony therein.
M/L - the entry of a structure to commit a felony therein. |
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Term
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Definition
C/L - the malicious burning of a dwelling of another.
M/L - the malicious burning or damage to a structure |
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Term
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Definition
| a taking and carrying away of personal property of another without consent and with the intent to permanently deprive. |
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Term
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Definition
| making or altering a writing with legal significance so that it is false with the intent to defraud. |
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Term
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Definition
| when a forged instrument consist of being (1) offered as genuine and (2) the instrument that is the subject of forgery is false, and (3) with the intent to defraud. |
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Term
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Definition
C/L - the corrupt collection of an unlawful fee by an officer under the color of duty.
M/L - obtaining property by means of threat to do harm or expose information. |
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Term
| RECEIVING STOLEN PROPERTY |
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Definition
| receiving stolen goods knowingly or should have known that they were stolen by another with the intent to permanently deprive. |
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Term
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Definition
| wrongful conversion of personal property of another by a person who is in lawful possession of that property with the intent to defraud. |
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Term
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Definition
C/L - the corrupt payment or receipt of anything for value for official action.
M/L - extends to non-pubic officials and offering or taking of a bribe. |
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Term
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Definition
| the intentional taking of a false oath in regarding to a material matter in a judicial proceeding. |
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Term
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Definition
C/L - failure to disclose knowledge of the communication of a felony or to prevent the commission of a felony.
M/L - usually no longer a crime but if it is it, it requires some affirmative action in aid of the felon. |
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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
| agreement, for valuable consideration, not to prosecute another for a felony or to conceal the felony or whereabouts of a felon. |
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Term
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Definition
| Actively aiding, abetting and counseling of a crime. Mere presence is not enough. |
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Term
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Definition
| an agent is a person who is authorized to act in the place of another. |
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Term
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Definition
| is when an employer is liable for an employee's acts within the scope of his employment. |
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Term
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Definition
Defendant does not know or understand or has a defective mind.
(then go into the 4 tests to prove insanity) |
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Term
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Definition
| obtaining possession to property of another by fraud. |
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Term
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Definition
| obtaining title to property of another by using a false statement made with the intent to defraud. |
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Term
| UNILATERAL RULE FOR CONSPIRACY |
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Definition
| In some jurisdictions, the unilateral rule is followed which states that a person can be found guilty of conspiracy if he agreed to conspire with another to commit the same crime even if the other person was an undercover police officer. |
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Term
| PINKERTON RULE (UNDER CONSPIRACY) |
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Definition
| co-felon is liable for crimes committed by other co-felons if the crime was foreseeable and in furtherance of the crime. |
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Term
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Definition
A murder that occurs during a negligent act.
(no malice) |
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Term
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Definition
| When a murder occurs during the heat of passion, when defendant want adequately provoked, a reasonable person would have been provoked, the defendant did not cool off and a reasonable person would not have cooled off. |
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Term
| REQUIRMENTS UNDER THE MPC |
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Definition
| purposely, knowingly, recklessly, and negligence |
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Term
| WHAT DOES ALL CRIMES REQUIRE? |
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Definition
1. actus reus
2. mens rea
3 concurrence of both above
3. causation |
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Term
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Definition
| a murder that occurs during the commission of an inherently dangerous felony (BARRK) |
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Term
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Definition
| under the redline rule, a co-defendant will not be guilty of murder under the FMR if the other co-defendant is killed due to the resistance of the victim or police. |
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