Term
|
Definition
| Voluntary, affirmative act that causes criminally proscribed result. |
|
|
Term
|
Definition
| A subjective desire, specific objective, or knowledge to accomplish a prohibited result. |
|
|
Term
|
Definition
| Intent to perform an act that is unlawful |
|
|
Term
|
Definition
| Conscious objective to engage in the conduct or cause a result |
|
|
Term
|
Definition
| Knows the result is practically certain to occur |
|
|
Term
|
Definition
| Conscious disregard of a substantial and unjustifiable risk |
|
|
Term
|
Definition
| Should be aware of a substantial and insignificant risk, with gross deviation from standard of care |
|
|
Term
|
Definition
| One whose acts are actus reus of the crime |
|
|
Term
|
Definition
| One who aids or abets a principal before or during the crime with intent that crime be committed. |
|
|
Term
|
Definition
| Not guilty of D did not know (i) nature and quality of act or (ii) wrongfulness of act |
|
|
Term
|
Definition
| Lacked capacity for self-control or defect prevented him from being able to conform his conduct to law. |
|
|
Term
|
Definition
| Not guilty if unlawful act would not have been committed but for defect |
|
|
Term
|
Definition
| Combines M'Naughten and irrestible impulse tests: did not have capacity to appreciate wrongfulness of act or conform his conduct to the law |
|
|
Term
|
Definition
| Unlawful killing of another human being with malice afterthought |
|
|
Term
| Malice requirement for common-law murder |
|
Definition
| (i) intent to kill (ii)) intent to do serious bodily injury (iii) reckless indifference to human life (depraved heart) (iv) intent to commit felony |
|
|
Term
|
Definition
| Deliberate and premediated murder. |
|
|
Term
|
Definition
| Murder that is not first degree but has the necessary mental states of common-law murder |
|
|
Term
|
Definition
| Homicide committed in response to adequate provocation (heat of passion) |
|
|
Term
|
Definition
| Unintentional homicide committed with criminal negligence or during an unlawful act |
|
|
Term
|
Definition
| Trespassory taking and carrying away of personal property of another with intent to permanently deprive |
|
|
Term
|
Definition
| Obtaining possession but not title to property of another by fraud or deceit with intent to unlawfully convert and who does so convert |
|
|
Term
|
Definition
| Fraudulent making of a false writing with apparent legal significance with intent to defraud |
|
|
Term
|
Definition
| Fraudulent conversion of property of another by person in lawful possession |
|
|
Term
|
Definition
| Obtaining title to property of another person through misrepresentation that other relies on with intent to defraud |
|
|
Term
|
Definition
| Larceny from the person or presence of victim by force or fear. |
|
|
Term
|
Definition
Robbery with 2 differences:
(1) threat need not be of immediate physical nature
(2) property need not be taken from person or presence |
|
|
Term
|
Definition
| Breaking and entering of the dwelling of another at nighttime with intent to commit a felony |
|
|
Term
|
Definition
| Malicious burning of the dwelling of another |
|
|
Term
|
Definition
| Receiving control of stolen property with knowledge that it is stolen with intent to permanently deprive |
|
|
Term
|
Definition
| Unlawful application of force to another person that results in harmful or offensive touching |
|
|
Term
|
Definition
| Attempt to commit battery or intentionally placing another in apprehension of imminent bodily harm |
|
|
Term
|
Definition
| Causing dismemberment or permanent disfigurement of a person. Equals aggravated battery. |
|
|
Term
|
Definition
| Unlawful confinement of a person against that person's will coupled with either movement or hiding of that person. |
|
|
Term
|
Definition
| Unlawful confinement of person without consent. |
|
|
Term
|
Definition
| Unlawful sexual intercourse with a female against her will by force or fear of immediate force. |
|
|
Term
|
Definition
| Enticing, encouraging, or commanding of another person to commit a crime with intent that the crime be committed |
|
|
Term
|
Definition
| Agreement between 2 or more persons to accomplish an unlawful purpose with intent to meet that purpose |
|
|
Term
|
Definition
| If crime requires 2 or more participants, no conspiracy unless more parties than necessary to complete the crime agree to commit the crime |
|
|
Term
|
Definition
| Substantial step toward commission of a crime coupled with specific intent |
|
|
Term
|
Definition
| Aiding or assisting a felon in avoiding arrest or conviction after commission. Must know felony was committed. Separate crime of obstruction of justice. |
|
|
Term
| Mnemonic for specific intent crimes |
|
Definition
| FIAT First degree murder Inchoate crimes Assault Theft offenses |
|
|
Term
| Mistake of fact as defense |
|
Definition
Negates criminal intent...
Specific intent FIAT - Defense even if unreasonable
General intent - Defense only if reasonable |
|
|
Term
| Withdrawing from being accomplice |
|
Definition
1) Repudiate prior aid
2) Do all possible to countermand prior aid before chain of events is unstoppable |
|
|
Term
| Felonies in which felony murder applies (mnemonic) |
|
Definition
BARRK
Burglary
Arson
Rape
Robbery
Kidnapping |
|
|
Term
Withdrawing from
1) Solicitation
2) Conspiracy
3) Attempt
4) Accomplice |
|
Definition
1) Solicitation - Thwarts
2) Conspiracy - CL: no withdrawal. MPC: Before overt, communicate intent or inform police. After overt - thwart.
3) Attempt - No abandonment after substantial step
4) Accomplice - repudiate and countermand |
|
|
Term
|
Definition
| Conspirator convicted of both conspiracy and all substantive crimes committed co-conspirators in furtherance of conspiracy. |
|
|
Term
|
Definition
| M'Naughten Irresistible impulse Durham MPC |
|
|
