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50 Cards in this Set
- Front
- Back
Who has jurisdiction to adjudicate a crime?
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Situs of Crime:
i)Place where conduct of crime occurred, OR ii) Place where result of crime occurred |
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Where does JD lie with crimes of omission?
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JD lies where the act should’ve been performed
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When can you merge crimes?
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Generally, no merger of crimes. But, for the MBE remember:
-Solicitation and attempt merge into substantive offense. -Conspiracy does not merge with the completed offense. |
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Elements of a crime
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a) Actus reus (guilty act) OR an omission
b) Mens Rea (guilty mind) c) Concurrence (both AR and MR existed at the same time); and d) Harmful result and causation (harmful result caused by Δ’s act) |
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Act
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Any bodily movements. Except:
i) Conduct not product of one’s own volition ii) Reflexive or convulsive acts (seizures) iii) Acts performed while unconscious or asleep (sleepwalking) |
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Legal duty to rescue
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There is NO legal duty to rescue, UNLESS:
(1) Statute says so (2) Contract says so (3) Relationship requires it (parents/spouses) (4) You voluntary assume a duty of care and then fail to perform (5) Your conduct creates the peril |
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Mental States for crimes
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a) Specific Intent —qualifies for additional defenses that are not available for other kinds of crimes.
b) Malice—Recklessness or extreme indifference to human life c) General Intent (catch-all category) d) Strict Liability (no-intent crimes) |
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What are the only two malice crimes in the MBE?
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Murder and Arson
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What are the Specific Intent Crimes?
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a) Solicitation
b) Conspiracy c) Attempt d) First degree murder (MBE will tell you if it’s first degree murder.) i) “Murder” alone= CL murder/2nd degree murder= malice crime). Cannot use additional defenses used for SI crimes. e) Assault f) Larceny g) Embezzlement h) False pretenses i) Robbery j) Burglary k) Forgery |
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What are the General Intent Crimes?
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All other crimes not mentioned unless it qualifies for strict liability
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Transferred Intent
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Describes the fact that intent can be transferred between victims, between torts, or both.
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What are accomplices liable for?
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Accomplices are liable for
i) Crime itself and ii) All other foreseeable crimes |
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What are the inchoate offenses?
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Inchoate (committed prior to or in preparation for a more serious offense) offenses:
a) Solicitation b) Conspiracy c) Attempt |
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What is solicitation?
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a) Asking someone to commit a crime
b) Solicitation becomes a crime when you ask someone to commit a crime c) If the person agrees to do it, the crime is no longer solicitation but conspiracy d) Solicitation then merges into the conspiracy and only conspiracy remains |
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What is conspiracy?
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Express or implied agreement between two or more people to commit an unlawful act, followed by an overt act
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What's an overt act?
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An act from which criminal intent can be inferred.
i) Majority View (CL): ANY act, however slight, in furtherance of the conspiracy (e.g., showing up at the site of the intended crime) ii) Minority View: (MBE will tell you if it’s a minority JD) —rests on the agreement alone and no overt act required. |
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Liability of conspirator and co-conspirators
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Each conspirator is liable for all crimes of co-conspirators IF
i) Foreseeable and ii) Committed in furtherance of the conspiracy iii) Various people can be part of a conspiracy even though they don’t know each other, and the agreement does not have to be express |
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What is an adequate withdrawal from Conspiracy?
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Three requirements:
(1) Cease acts: Δ must cease to commit acts in furtherance of the conspiracy. (2) Communicate withdrawal: the Δ must communciate his withdrawal to ALL co-conspirators in time for them to cease to commit acts in furtherance of the conspiracy. (3) Take action: Withdrawing Δ must take some action to stop the conspiracy and prevent the commission of future crimes. |
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What happens if Δ adequately withdraws from Conspiracy?
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If a conspirator succesfully withdraws, he is not liable for future crimes committed by other co-conspirators. However, even if adequate withdrawal, Δ cannot withdraw from the conspiracy once committed.
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Attempt
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Specific intent PLUS substantial step beyond mere preparation (mere preparation is NOT enough) in the direction of the commission of a crime
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What are the four Insanity Defense tests?
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(1) McNaughton Rule:
At time of his conduct, Δ lacked ability to know wrongfulness, or Δ unable to understand the nature and quality of her actions (2) Irresistible Impulse Test: Δ lacked capacity for self control and free choice (3) Durham Rule: Conduct was the product of mental illness (4) Model Penal Code: Δ lacked ability to conform his conduct to the requirements of law |
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Insanity as a defense
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Insanity is a defense to ALL crimes
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Intoxication as a defense
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(1) Voluntary Intoxication (self-induced intoxication)
- Addicts and alcoholics - Defense only applies to specific intent crimes (not to general intent or malice crimes) (2) Involuntary Intoxication - Where party is boozed up without his/her knowledge - Treated like mental illness - Defense to ALL crimes (included SL crimes) |
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Infancy as a defense
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a) Under 7 = NO criminal liability
b) Under 14 = rebuttable presumption of NO criminal liability |
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Self Defense: Non-deadly force
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A victim may use non-deadly force any time that he
i) Reasonable believes ii) Force is about to be used on them |
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Self Defense: Deadly Force
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Majority Rule for Deadly Force—A victim may use deadly force any time that he
i) Reasonable believes ii) Deadly force is about to be used on them Minority Rule for Deadly Force: Retreat Jurisdictions (MBE must tell you) i) Victim must retreat if possible before using deadly force unless: (1) You’re in your own home (2) You’re being raped or robbed (3) You’re a police officer |
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Original aggressors using self-defense theory
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VERY RARE—don’t let original aggressors have a self-defense theory unless:
ii) Aggressor withdraws from using force AND iii) Communicates his withdrawal to original victim |
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Deadly force to defend dwelling
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Deadly force can NEVER be used solely to defend property
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Duress & Necessity as defenses to crimes
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Both are defense to all crimes except homicide.
a) Duress—“I’ll kill you if you don’t rob that store” b) Necessity—criminal conduct as a result of pressure from natural forces to avoid harm to society |
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Mistake of Fact (didn’t know acts constituted a crime) Defense
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-Specific Intent crimes: ANY Mistake, whether reasonable or unreasonable can be a defense.
-Malice & General Intent: Reasonable Mistakes only to be a defense -Strict Liability: Mistake is NEVER a defense! |
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Victim's Consent as a Defense
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Consent of the victim is NEVER a defense
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Entrapment Defense
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Constituted by a law enforcement agent inducing a person to commit an offense that the person would otherwise have been unlikely to commit.
However, there is no entrapment where a person is ready and willing to break the law and the government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. |
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Define murder
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Malice crime. A homicide is murder if Δ has one of these four intents:
i) Intent to kill ii) Intent to cause great bodily harm iii) Reckless indifference to an unjustifiable high risk to human life –“depraved heart” murder iv) Intent to commit felony murder |
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Voluntary Manslaughter
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a) PASSION killing—no time to cool off
b) EXTREME provocation |
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Involuntary Manslaughter
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a) Killings from criminal negligence
b) Misdemeanor manslaughter (killing during commission of misdemeanor or unenumerated felony)` |
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Ways MBE tests "First Degree Murder"
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a) Says “First Degree Murder”
b) Gives you a statute |
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Felony Murder
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Death during the commission of a felony that is either enumerated or inherently dangerous
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Defenses to Felony Murder
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a) Δ must be guilty of the underlying felony. If Δ has a defense to underlying felony, he has a defense to felony murder.
b) Felony must be other than the killing (i.e., manslaughter or battery cannot be the underlying felony) c) Death must be foreseeable (usually is) d) Death must come during the commission of a felony or while fleeing from a felony and lasts until Δ reaches a temporary place of safety. Once Δ reaches tps, felony murder ceases and any deaths consequently caused are not felony murders e) “Red Line” View: Δ NOT liable for the death of a co-felon as a result of resistance by victim or police pursuit |
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Define Rape
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a) Unlawful carnal knowledge with woman without her consent
b) Slightest penetration completes the crime of rape c) Victim's consent IS a defense |
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Statutory Rape
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a) Strict liability crime
b) No consent, no mistake of fact defenses |
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Larceny
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Specific intent crime.
-Elements: i) Wrongful taking (stealing) ii) Carrying away (however slight)--asportation iii) Personal property iv) Of another v) Without consent (consent by fear or fraud is not consent) vi) With the intent to permanently deprive owner of property vii) Intent must exist at the time of the taking viii) Possession only, title does not pass -Taking property in the belief that it is yours or that you have some right to it is NOT larceny |
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Embezzlement
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a) Lawful possession (E.g., trustee of trust fund)
b) Followed by illegal conversion (use of property in a way inconsistent w/ terms of trust) c) Embezzler need not benefit personally d) Possession only, title does not pass |
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False Pretenses
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(1) a false representation (2) of a material past or existing fact -not future fact- (3) which the person making the representation knows is false (4) made for the purpose of causing (5) and which does cause (6) the victim to pass title (7) to his property
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Robbery
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Robbery = Larceny + Assault.
-A taking -Of personal property of another -Taken from the person or his presence (presence defined broadly) -Against the will of victim -By violence or fear of imminent harm (not future harm; future harm is extortion) Pick-pocketing is NOT robbery |
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Extortion
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In extortion, the victim is threatened to hand over goods, or else damage to their reputation or other harm or violence against them may occur -in the future.
Need not take from person or his presence |
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Burglary
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(1) Breaking and (2) entering (3) the dwelling house (4) of another (5) at night (6) with the intent to commit a felony therein (at common law, not assault, not battery)
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When does intent must exist in a burglary?
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Intent must exist at the time of the breaking and entering
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What constitutes a breaking in a burglary?
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i) Actual--involving some force, however slight; OR
(1) If Δ walks in open door is not a breaking, but if Δ opens any other door inside then breaking ii) Constructive—by threats or fraud (1) E.g., Maid has key and uses key to come in |
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Arson
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(1) Malicious burning of (2) the dwelling house (3) of another
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What is a malicious burning?
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i) Required damage caused by FIRE—not explosions, water damage, or smoke damage
ii) There must be a material wasting of the fiber of the building by the fire. Mere blackening or discoloration by heat is not enough. |