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24 Cards in this Set
- Front
- Back
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Mistake of Fact: Specific intent
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Valid defense if mistake is honest
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Mistake of Fact: General intent
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Valid defense if mistake is honest and reasonable.
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Mistake of law
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Not a defense except where
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When is there a duty to act?
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Statute, Contract, Assumption (voluntary), Relationship (marriage, children)
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Possession
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Takes or accepts "control" or controls with failure to terminate.
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Constructive possession
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Power to exert control and intention to do so.
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Material Elements
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Conduct, Circumstance, Result.
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Mistake of fact Common Law
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only a defense if mistake negates culpability
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Types of intent
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Purposely, Knowingly, Recklessly, Negligently
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Recklessly
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conscious disregard of risk, unjustifiable gross deviation from reasonable conduct.
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Criminal Negligence
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unjustifiable gross deviation from reasonable standard of care
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Intoxication defense
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None for negligence, recklessness, but admissible for knowing,
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Mental Defect
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goes to "knowing" culpability
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Mala in se
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inherently wrong
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malum prohibitum
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statutory
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Homicide categories
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Murder (1st, 2nd degree) , Aggravated Manslaughter, Manslaughter, Depraved heart, felony murder.
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Felony Murder
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Probable consequence of qualifying felony.
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NJ felonies for felony murder
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robbery, sexual assault, arson, burglary, kidnapping, carjacking, criminal escape, terrorism.
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Felony murder scope
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Starts with attempt, ends after immediate flight/place of safety.
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Involuntary manslaughter
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recklessly caused death
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Provocation defense
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downgrades murder to manslaughter
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Attempt NJ
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Substantial Step
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Solicitation as attempt
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when person solicited says no, otherwise accomplice.
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attempted murder mens rea
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requires purpose
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