Term
| Five Basic Elements of Crime |
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Definition
| Actus Reus, Mens Rea, Concurrence, Causation, and Resulting in Injury or Crime |
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Term
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Definition
| A guilty act that is conscious and voluntary. |
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Term
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Definition
| No duty to action on behalf of a stranger in peril. |
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Term
| Exception to Omission to Act |
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Definition
| By contract, law, and relationship can an omission to a person be criminally liable for a failure to act. |
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Term
| Five Classification of Crimes |
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Definition
| Felonies, Misdemeanors, Malum in Se Crimes, Malum Prohibitum, Infamous Crimes. |
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Term
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Definition
| Crimes that are generally punishable by death, or imprisonment exceeding one year. |
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Term
| Examples of Common-Law Felonies |
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Definition
| Burglary, Rape, Arson, Robbery, Manslaughter, Murder and Mayhem. |
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Term
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Definition
| Offenses lower than felonies generally punishable by less than a year in jail, or by fine. |
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Term
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Definition
| A crime that is wrong in itself. An act involving illegality from the nature of it's transaction. |
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Term
| Examples of Malum in Se Crimes |
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Definition
| Burglary,Robbery, Rape, Arson, Manslaughter, and Murder. |
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Term
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Definition
| An act that is not inherently immoral, but is expressly forbidden by positive law. Crimes by Legislative Statues. Violation of Statues. |
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Term
| Examples of Malum Prohibitum |
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Definition
| Selling liquor to a minor, Speeding, and Running a stop sign. |
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Term
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Definition
| Crimes that is shameful, or disgraceful. Usually involves Fraud, or Dishonesty. |
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Term
| Examples of Infamous Crimes |
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Definition
| Perjury, Embezzlement, Mail and Securities Fraud. |
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Term
| Three Theories of Liability |
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Definition
| Direct Liability, Vicarious Liability, and Enterprise Liability. |
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Term
| Four Types of Direct Liability |
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Definition
| Principle in the 1st Degree (P1) also known as Perpetrator. Principle in the 2nd Degree (P2) also known as at the scene aider or accomplice. Acessory-Before-the-Fact is also known as an accomplice. Acessory-After-the-Fact is also known as an accessory |
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Term
| Principle in the 1st Degree (P1) AKA Perpetrator |
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Definition
| One who actually commits the crimes by his/her own hand. |
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Term
| Principle in the 2nd Degree (P2) AKA At the Scene Aider or Accomplice |
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Definition
| One who aids in the commision of a crime with the intent the crime be committed, but is not the actual perpetrator, but is at the scene of the crime. |
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Term
| Acessory Before the Fact AKA Accomplice |
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Definition
| One who is not present at the time the crime is committed, yet assists, counsels, encourages, or incites the commission of a crime, with the intent the crime be committed. |
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Term
| Accessory Before the Fact AKA Accomplice Model Penal Code |
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Definition
| Accomplice is liable for all crimes comitted. Accomplice is guilty of the felony committed even if not present at the commision of the crime. |
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Term
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Definition
| All co-conspiritors are liable for forseeable crimes that are a natural consequence of criminal agreement. |
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Term
| Accessory Before the Fact, Accomplice Liability, Two Main Elements |
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Definition
| Specific Intent that the crime be committed. Must aid abet and encourage the commission of the crime. |
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Term
| Accessory Before the Fact, Accomplice Liability, Felony Murder Rule |
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Definition
| Death Penalty can only be imposed on an actual killer, not on an accomplice. |
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Term
| Acccessory After the Fact |
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Definition
| One who knows a felony has been committed (post crime) and gives aid to help the Defendant to avoid apprehension. |
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Term
| In order to find Accessory After the Fact guilty |
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Definition
| Completed Felony was committed, Accessory must know felony was committed, Accessory gave aid or assistance to the Defendant. |
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Term
| Accessory After the Fact will be found guilty of: |
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Definition
| Obstruction of Justice, Hindering arrest, or Harboring a fugitive |
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Term
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Definition
| Based on a relationship, one can be held liable for the conduct of another. For example, Owner of a liquor store is going to be held liable for it's employees when they sell liquor to a minor. |
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Term
| Enterprise Liability (Common Law) |
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Definition
| Coporations not held criminally liable. |
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Term
| Enterprise Liability (Model Penal Code) |
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Definition
| A corporation can be held criminally liable for the crimes of it's officers and agents if a crime is committed when they are acting in the scope of employment. |
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Term
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Definition
| Justification, Excuse, and Mitigation. |
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Term
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Definition
| The defendant will not be held liable for conduct that is justified. A justified action is permitted for protective reasons. |
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Term
| Main Types of Justification |
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Definition
| Necessity, Self-Defense, Defense of Others, Prevention of Crime, Defense of Property. |
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Term
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Definition
| A Defendant may assert a defense of necessity when there would be a greater harm. |
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Term
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Definition
| One is justified in using the amount of force which is reasonable necessary to prevent an attack. |
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Term
| Self-Defense, Deadly Force |
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Definition
| Only justified when one is being threatened with serious bodily injury, or death. |
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Term
| Self-Defense, Deadly Force (Common Law/Minority) |
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Definition
| Must attempt to retreat if able, before use of deadly force was permitted. |
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Term
| Self-Defense (MPC, Maj./MBE) |
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Definition
| There is no need to retreat before using deadly force if reasonable risk of death or serious injury is imminent. |
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Term
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Definition
| One is justified to kill if another is in peril of death or serious injury is imminent. |
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Term
| Defense of Others (Minority) |
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Definition
| Step into the shoes of the person he/she is defending.R |
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Term
| Defense of Others (Majority/MBE) |
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Definition
| Allows for a reasonable mistake. |
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Term
| Prevention of a crime (Common Law) |
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Definition
| One was justified in using deadly force to stop the commission of a felony. |
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Term
| Prvention of a crime, Model Penal Code (Majority and MBE) |
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Definition
| Limits Deadly Force to imminent public danger and only police, not citizen may use deadly force to prevent a crime. |
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Term
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Definition
| You may never use deadly force to defend property. Only exception is when you are in your own home. |
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Term
| Excuses to Criminal Conduct |
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Definition
| Insanity, Diminished Capacity, Infancy, Intoxication, Mistake, Duress, Consent, and Entrapment. |
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Term
| Four Theories of Insanity |
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Definition
| M'Naghten (right/wrong test), MPC (Substantial Capacity Test), Irresistable Impulse (Inability to Control), Durham Rule. |
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Term
| M'Naghten Rule Common Law, Maj./MBE |
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Definition
| At the time of the crime defendant had a mental disease so that he/she did not understand the nature or quality of the act, or did not know the act was wrong. |
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Term
| (MPC Rule) Substantial Capacity Test |
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Definition
| A mental disease or defect resulting in the defendant lacking substantial capacity to either appreciate criminality of conduct, or conform conduct to requirements of the law. |
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Term
| Irrisistible Impulse Test |
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Definition
| Defendant substantially impaired mind caused a lack of ability to control the act committed. |
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Term
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Definition
| "But For" the mental illness of the defendant, he/she would not have committed a crime. |
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Term
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Definition
| Used to negate Specific Intent Crimes. May be used as a defense and is limited to specific intent crimes. Defendant could not form the intent due to diminished capacity as a result of mental defect or disease. |
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Term
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Definition
Over 14 - Treated as an Adult
7 to 14 - Rebuttable presumption they lack capacity to commit crime.
0 to 6 - Conclusive they lack capacity. |
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Term
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Definition
| Voluntary and Involuntary; Both may be a defense to specific intent crimes, when it negates a mental intent element of a specific intent crime.r |
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Term
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Definition
| Can be used as a defense to negate Specific Intent Crimes. No Defense to General Intent Crimes. |
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Term
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Definition
| Can be used as a defense to negate Specific Intent Crimes and General Intent Crimes. |
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Term
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Definition
| An honest and reasonable mistake of fact may excuse conduct, which would not be illegal if the facts were as the Defendant mistakenly believed them to be. |
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Term
| Mistake of Fact (General Intent) |
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Definition
| General intent crime mistake of good fact must be reasonable, and in good faith. |
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Term
| Mistake of Fact (Specific Intent) |
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Definition
| Specific intent crime Mistake of Fact can be unreasonable, but must be in good faith honest mistake. |
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Term
| What are the general intent crimes? |
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Definition
| Rape, battery, arson, mayhem, involuntary manslaughter, and depraved heart murder. |
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Term
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Definition
| If Defendants conduct is illegal, mistake of law is no defense, even if he/she think his/her conduct is legal. Ignorance of the law is no defense. Also, bad advice from a lawyer, that an act is legal, is no defense to a crime. |
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Term
| Exception to Mistake of Law |
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Definition
| Where it can be traced to a contradictory government law. w |
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Term
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Definition
| When defendant commits a crime due to imminent threat of death or serious bodily injury. No defense to homicide. |
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Term
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Definition
| Government or police action that induced defendant to commit a crime he/she was not predisposed to commit prior to initial contact by Government or police. |
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Term
| Types of Defense of Mitigation |
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Definition
| Heat of passion killings, Imperfect Self Defense, Mistaken Justification, Coercion/Duress, and Diminished Capacity. |
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Term
| Heat of Passion Killing (mitigation) |
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Definition
| Mitigates murder to voluntary manslaughter. |
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Term
| Elements of Heat of Passion Killing |
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Definition
| Adequate Provocation, No time to cool off, and Loss of Mental Equilibrium. |
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Term
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Definition
| An unreasonable belief in the need for self-defense. |
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Term
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Definition
| When one comes to the aid of another, they step into the shoes of the other, or use excessive force. |
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Term
| Coercion/Duress (mitigation) |
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Definition
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Term
| Diminished Capacity (mitigation) |
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Definition
| Will negate specific intent elements needed for specific intent crimes. |
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Term
| What are the types of Inchoate crimes? |
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Definition
| The types of Inchoate crimes are solicitation, attempt, and conspiricy (SAC). All SAC crimes are specific intent crimes. |
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Term
| What is the definition Inchoate? |
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Definition
| Imperfect; partial; unfinished; begun, but not yet completed. |
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Term
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Definition
| When a Defendant has the intent to solicit, entice, or induce another to commit a crime. Crime is complete at the time of the solicitation. Once target offense is committed solicitation will merge with the completed target offense. |
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Term
| What is attempt (specific intent)? |
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Definition
| When Defendant acts to commit a crime, but is unable to complete the target offense. |
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Term
| What are the elements of attempt? |
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Definition
| Must have the specific intent that the crime be committed. Must take a substancial step in furtherance of the crime. Mere preparation is not enough. |
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Term
| Examples of substancial step? |
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Definition
| Lying in wait, solicitation to commit murder, unlawful entry of a structure where crime is to occur, possession of materials for use in crime. |
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Term
| Withdrawal as a defense to Attempt. (Majority/MBE) |
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Definition
| No effect on an attempt to withdrawl once Defendant is in the zone or act of the crime. |
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Term
| Withdrawal as a defense to Attempt. (Model Penal Code) |
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Definition
| A withdrawal can be effective if it is voluntary and successful. Defendant must inform all parties of his intent to withdraw and Defendant must thwart the target offense by informing police. |
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Term
Withdrawal as a defense to Attempt.
(Common Law) |
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Definition
| Legal impossibility was a defense for attempt. Factual impossibility was no defense to attempt. |
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Term
| Legal impossibility as a defense to Attempt. |
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Definition
| Even if the Defendant does what he intended to do, but the act does not constitute a crime, then it is legally impossible to commit the crime. |
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Term
| Factual Impossibility as a defense to Attempt. |
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Definition
| The defendants attempts a crime, but could not complete the target offense due to facts unknown to him. |
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Term
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Definition
| An agreement between two or more guilty parties to commit a criminal act. Conspiricy does not merge with actual crime. It is a separate offense. |
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Term
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Definition
| Must have a specific intent that the target offence be committed. Must have an agreement between two or more guilty parties. If one was found not guilty of conspiricy, both or all are found not guilty of conspiricy. |
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Term
| Model Penal Code (Majority/MBE) |
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Definition
| Specific Intent, Agreement of two or more guilty parties, and Overt Act or Substancial Step. One co-conspiritor can be found guilty without the other. Only one party need make an overt act. |
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Term
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Definition
| Casing the bank, buying a gun, and making a plan. |
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Term
| Withdrawal as a defense to conspiricy. (Common Law) (Majority/MBE) |
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Definition
| No withdrawal to conspiracy once the agreement is made. The moment agreement is made, the crime is complete. |
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Term
| Withdrawal as a defense to conspiracy(Model Penal Code) (Minority) |
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Definition
| Withdrawal is a valid defense if he/she informs all parties of intent to withdraw. Defendant must thwart the the target offence. Must inform the police. |
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Term
| Conspiracy (Pinkerton's Rule) |
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Definition
| All parties to a conspiracy are liable for all crimes committed within the scope, or in furtherance of the crime. |
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Term
| Conspiracy (Wharton's Rule) |
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Definition
| Crimes where two parties are necessary for commission of the offense, no conspiracy unless there is an additional third person. |
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Term
| Examples of Wharton's Rule |
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Definition
| Gambling, Incest, Bigamy, and Adultery. |
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Term
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Definition
| Killing of a human being by another human. |
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Term
| What are the types of Homicide? |
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Definition
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Term
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Definition
| Intent to Kill Murder, Felony Murder, Serious Bodily Injury Murder, Depraved Heart Murder. |
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Term
| What is Intent to Kill Murder? |
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Definition
| Intent to kill with premeditation and deliberation. |
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Term
| What are the elements of Intent to Kill Murder? |
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Definition
| Intent to Kill, Premeditation, and Deliberation. |
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Term
| What is the Felony Murder Rule (General Intent Crime) |
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Definition
| An unintentional that occurs during the commission of an inherently dangerous homicide. |
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Term
| What are the Elements of the Felony Murder Rule? |
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Definition
| The killing must occur during the commission of a dangerous felony. Felony must be one of the following felonies: Burglary, Arson, Rape, Robbery, Kidnapping, and Law Enforcement Officer Killed. |
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Term
| Limitations to Felony Murder Rule, General Rule |
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Definition
| When a co-felon kills a victim the Felony Murder Rule will apply to all co-felons. |
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Term
| What is Special Felony Murder Rule |
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Definition
| When an innocent person kills the victim. At common law, All co-felons are liable. |
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Term
| What is the Red Line Rule MPC (Maj/MBE)? |
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Definition
| If an innocent person kills a co-felon, courts will not apply Felony Murder Rule on the other co-felons. When an innocent person is killed by another innocent person then the Felony Murder Rule will apply to all co-felons. |
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Term
| What is Murder to Commit Serious Bodily Injury (General Intent Crime)? |
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Definition
| An unintentional killing caused by the Defendant, who intended to cause serious bodily injury to the victim. |
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