Term
| What is the effect of merger? |
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Definition
| Defendant cannot be punished for both offenses; he may be tried for both, and the jury may even return guilty verdicts for both. |
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Term
| To what crimes does merger apply? |
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Definition
Solicitation ---> Completed offense
Attempt ---> Completed offense |
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Term
| What are the specific intent crimes? |
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Definition
Inchoates: Solicitation, Attempt, Conspiracy
First Degree Murder
Assault (attempted battery)
Property crimes: Larceny, False pretenses, embezzlement
Robbery
Burglary |
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Term
| What are the malice crimes? |
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Definition
| Arson and common law murder |
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Term
| What are the general intent crimes? |
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Definition
| Rape, battery, assault (apprehension type) and kidnapping |
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Term
| What do we do when D erroneously believes V is dead (and then takes some action that actually kills him)? |
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Definition
| D is guilty of whatever crime he would have been guilty of had he originally been correct about V's death. |
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Term
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Definition
| Intentionally providing assistance to a fleeing criminal after the offense |
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Term
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Definition
| Asking or encouraging another person to commit a crime |
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Term
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Definition
| An agreement between two or more people with the capacity to commit a crime and also the intent to enter into that agreement |
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Term
| What crimes can you successfully withdraw from? |
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Definition
| Later crimes committed as part of a conspiracy - NOT conspiracy, attempt, or solicitation |
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Term
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Definition
| A substantial step toward the completion of a crime |
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Term
| Is impossibility a defense to attempt? |
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Definition
| Only legal impossibility - if the thing specifically intended by D was not itself a crime |
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Term
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Definition
| Mental illness caused defendant to not know that her actions were illegal |
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Term
| Irresistable Impulse Test |
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Definition
| Illness caused an urge to commit the crime that could not be resisted |
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Term
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Definition
| No criminal liability if the crime was the product of the mental illness |
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Term
| Model Penal Code Insanity Test |
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Definition
Mental illness caused a substantial impairment of the ability to:
1) appreciate the wrongfulness of the act; OR
2) conform the conduct to the law
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Term
| What is the majority insanity rule? |
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Definition
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Term
| When is voluntary intoxication a defense? |
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Definition
| To negate specific intent only. |
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Term
| Can a state prohibit evidence of voluntary intoxication for all crimes? |
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Definition
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Term
| When is mistake of fact a defense? |
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Definition
For specific intent crimes, always.
For malice and general intent crimes, only if reasonable. |
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Term
| When is mistake of law a defense? |
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Definition
| If defendant relied on an official interpretation of the law. (Distinguish defense from failure of proof where knowledge is required) |
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Term
| When is self-defense a privilege to use force? |
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Definition
| When the victim reasonably believes force is necessary to protect himself from aggression, and he uses only the amount of force reasonably necessary under the circumstances, even if deadly force. |
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Term
| When is defense of others a privilege to use force? |
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Definition
To the same extent as self-defense. I.E., when the defendant reasonably believes the use of force is necessary to repel aggression and does not use excessive force.
(C.f. Tort law, where defendant cannot be mistaken) |
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Term
| When is defense of property a privilege to use force? |
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Definition
| When the force is not deadly force. |
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Term
| When is deadly force allowed to stop a fleeing felon? |
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Definition
Three requirements:
1) Probable cause to believe that a crime occurred, and this person just committed the crime
2) Deadly force is reasonably necessary to prevent escape
3) Felon posed a serious risk of danger to others (Constitutional requirement) |
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Term
| When is duress a defense? |
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Definition
| When defendant committed a crime to save himself or others, and the crime was not an intentional killing of another human being. |
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Term
| When is necessity a defense? |
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Definition
| When defendant acted in the face of a public necessity to save others, and the crime was not an intentional killing of another human being. |
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Term
| When is entrapment a defense? |
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Definition
| When the police instigated the crime/induced defendant to act, and defendant was not predisposed to commit the crime. |
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Term
| When defendant raises an entrapment defense, who has the burden of proof on the predisposition element? |
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Definition
| The government must prove beyond a reasonable doubt that defendant was predisposed. It may use proof of prior crimes. |
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Term
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Definition
| The unwarranted touching of another (no harm required) |
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Term
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Definition
1) Attempted battery, OR
2) Causing an apprehension of immediate touching |
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Term
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Definition
| The unlawful killing of a human being with malice aforethought. |
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Term
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Definition
| Unlawful killing of a human being without malice aforethought. |
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Term
| Four types of murder (common law / second degree) |
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Definition
1) Intent to kill
2) Intent to inflict great bodily harm
3) Implied malice / Depraved heart
4) Felony murder
(Also first degree murder committed while intoxicated) |
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Term
| Depraved Heart/ Implied Malice Murder |
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Definition
| Gross recklessness; a subjective awareness of a great risk of death that in fact leads to a death. |
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Term
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Definition
| Killing during the course of a violent felony that was (broadly) foreseeable. |
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Term
| Common law felony murder rule |
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Definition
| Liability no matter who caused the death, if the death was foreseeable (and it almost always is) |
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Term
| Modern felony murder rule |
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Definition
| Liability for murder only if one of the defendants directly caused the death. |
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Term
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Definition
| Murder committed in the heat of passion |
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Term
| Heat of Passion Claim Elements |
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Definition
1) Sudden action
2) In the heat of passion, caused by
3) Legally adequate provocation |
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Term
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Definition
Death caused in connection with:
1) A legal act, done with ordinary recklessness; OR
2) An illegal act that is not a violent felony ("misdemeanor manslaughter") |
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Term
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Definition
| A premeditated and deliberate killing (specific intent) |
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Term
| Foreseeability of Injury - Medical Care |
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Definition
| Medical care, even negligent, will not destroy causation |
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Term
| Foreseeability of Injury - Escape |
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Definition
| Escape is foreseeable, as is encountering danger while escaping. |
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Term
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Definition
| Movement of the victim against the victim's will |
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Term
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Definition
| Intercourse by force or threat of force with no consent by the victim |
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Term
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Definition
| Sexual contact by an adult with a minor |
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Term
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Definition
1) Taking and carrying away
2) By trespass
3) The personal property of another
4) With the intent to permanently deprive the owner |
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Term
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Definition
| Larceny, committed by someone lawfully in possession/ authorized. |
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Term
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Definition
| Obtaining title (not mere possession) to personal property by deception |
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Term
| What is the difference between larceny and false pretenses? |
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Definition
| For larceny, defendant obtains possession. For false pretenses, defendant obtains title. |
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Term
| Receiving Stolen Property |
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Definition
1) Defendant receives
2) Personal property
3) With knowledge that it has been stolen
4) With the intent to permanently deprive the owner |
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Term
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Definition
1) Taking personal property
2) With intent to permanently deprive the owner
3) From another's presence
4) By force or threat of force |
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Term
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Definition
Actual Possession
Constructive Possession |
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Term
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Definition
| With knowledge, defendant physically has the item |
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Term
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Definition
| With knowledge, defendant maintains control over the item |
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Term
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Definition
| The judge may instruct the jury that it may find that each of the nearby defendants was constructively in possession of contraband found within sight and reach of multiple defendants |
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Term
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Definition
Breaking and entering the dwelling place of another at night with the intent to commit a felony therein.
(Modern Rule: doesn't have to be a dwelling or at night) |
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Term
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Definition
| Malicious burning of the dwelling of another (Modern Rule: need not be a dwelling) |
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Term
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Definition
| Some flickering flame that damages the fiber of the structure -- mere scorching or blackening not enough. |
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