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89 Cards in this Set
- Front
- Back
Robinson
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SCOTUS - narcotics addict
Need an act |
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Powell
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SCOUTS plurality - alcoholism
Voluntary? |
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MPC vs. TPC - voluntary
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MPC - defines voluntary (includes unconsciousness)
TPC - does not define voluntary |
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Common law duties
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1. Personal relationship
2. Statute 3. Contract 4. Voluntary assumption of care 5. Creation of peril 6. Control conduct of others 7. Being a landowner |
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Common law larceny
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1. Trespassory
2. Taking 3. Asportation (carrying away) 4. Tangible personal property of another 5. With intent to permanently deprive |
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Common law "larceny by trick"
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Only obtain possession, not title
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Traditional false pretenses
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1. Obtain possession and title
2. Tangible personal property of another 3. Based on reliance by owner 4. Upon knowing misrepresentation of material past or present fact |
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MPC vs. TPC - deception
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MPC - includes value
TPC - false impression law or fact |
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Traditional embezzlement
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CL - not crime (no trespassory taking)
1. Obtain lawful possession 2. Via trust relationship 3. Tangible personal property of another 4. Fraudulently 5. Convert to own use |
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TPC Theft
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1. Unlawfully
2. Appropriates 3. Property 4. With intent to deprive owner |
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Common law robbery
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1. Larceny
2. Taking from person or in presence of victim 3. By force or threat of imminent use of force |
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MPC vs. TPC - robbery
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MPC - serious bodily injury, in flight of theft
TPC - any bodily injury (serious is an aggravator), in immediate flight of theft |
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Common law burglary
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1. Breaking and entering
2. Dwelling 3. Of another 4. At nighttime 5. With intent to commit a felony |
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General intent
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M/R directed at non-mental element of the crime
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Specific intent
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M/R concerning matter which is not an element of the crime
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Recklessly
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Aware but consciously disregards a substantial and unjustifiable risk, which is a gross deviation from the standard of care that an ordinary person would exercise under the circumstances as viewed from the actor's standpoint
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MPC Default Rule
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1. Must act P/K/R/N with respect to each material element of the offense
2. Culpability not prescribed, must act P/K/R to material element 3. Culpability prescribed, but not clear to which elements, applies to all material elements unless contrary purpose |
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TPC Default Rule
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1. Must I/K/R/N engage in conduct (act or omission)
2. Culpability not prescribed, M/S still required unless plainly dispenses (I/K/R suffices) |
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McQueen
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Texas - unauthorized use of car
When otherwise innocent behavior is criminal because of the circumstances, a culpable mental state is required as to those surrounding circumstances |
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Zubia
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Texas - accidentally shot child
Don't have to know age of the victim Legislative intent not to include |
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Lambert
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SCOTUS - failed to register
Cali law violated due process by applying to person who didn't know had to register Notice when defendant passive and unaware |
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Ratzlaf
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SCOTUS - structuring transactions
Interpreted willfully = specific intent to violate known legal duty |
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Winship
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SCOTUS
State must prove every element of the offense BRD |
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Mullaney
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SCOTUS - presumed malice aforethought
Cannot shift burden of proving mens rea onto the defendant |
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Gaudin
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Right to a jury - criminal conviction rests upon jury determination that prosecution proved every element BRD
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MPC vs. TPC - burden of proof
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MPC - prosecution must disprove affirmative defense BRD
TPC - defendant must prove affirmative defense by a POE |
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Patterson
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SCOTUS - EED for killing lover of estranged wife
Affirmed conviction - malice aforethought not element of crime and state makes EED affirmative defense |
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Apprendi
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SCOTUS - fired shots into black family home
Any fact that increases the maximum penalty for a crime must be proven by the prosecution BRD (different from Patterson, where affirmative defense decreased penalty) |
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MPC vs. TPC - MOF
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Both - BOP on state to disprove BRD
TPC - must be reasonable MOF |
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Common law MOF
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Reasonable MOF negates GI crime
Unreasonable, but honest MOT negates SI crime |
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Common law MOL
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Ignorance or MOL is no excuse
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MPC vs. TPC - MOL
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Both - BOP on defendant to prove by , reasonable reliance
TPC - written interpretation of law |
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Common law claim of right
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Even if taker's claim of right is based on MOL, sufficient to negative a felonious intent
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MPC vs. TPC - claim of right
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MPC - affirmative defense
TPC rejects |
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Common law intoxication
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No defense
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MPC vs. TPC - intoxication
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MPC - defense if negates element
TPC - no defense, but temporary insanity might mitigate penalty |
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Egelhoff
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SCOTUS plurality - intoxicated when killed victims
Appears statutes that does not allow intox defense are constitutional/do not violate due process |
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Common law rape
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1. Unlawful
2. Carnal knowledge 3. Woman 4. Without consent 5. By force [American addition] |
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TPC Sexual Assault
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1. I/K
2. Causes penetration 3/ Another person 4. Without consent (lists situations) |
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Fraud in factum
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No consent b/c didn't have having sex
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Fraud in inducement
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Consent b/c still consenting to sex
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Traditional statutory rape
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Not CL offense
1. Carnal knowledge 2. Female 3. Under age of consent Strict liability - don't have to know age |
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Common law murder
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1. Unlawful
2. Killing 3. Of another human being 4. With malice aforethought |
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Common law manslaughter
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1. Unlawful
2. Killing 3. Of another human being 4. Without malice aforethought |
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Malice aforethought
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Express or implied intention to kill
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Human being (homicide)
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CL: victim must be born alive
MPC: person born and alive TPC: includes unborn child, death includes failure of an unborn child to be born alive |
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Time frame (homicide)
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CL: victim has to die within a year and a day from the conduct
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Death (homicide)
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CL: defined in terms of cessation of heart beat and respiration
Modern majority: brain dead equally acceptable as cessation of heart beat |
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Common law depraved heart
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General malice - D demonstrates an indifference to human life generally
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MPC vs. TPC - depraved heart
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MPC: extreme indifference to value of human life (presumptions)
TPC: none, but created by case law when sufficiently like knowing murder |
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MPC vs. TPC - murder
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TPC includes intent to cause SBI
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Common law voluntary manslaughter
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1. Unlawful
2. Homicide 3. Without malice aforethought (mitigating circumstances) |
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Common law adequate provocation
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1. Cause heat of passion in reasonable man
2. D acts as a result of HOP 3. No cool off period 4. Provocation must come from victim and cause killing |
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Common law insufficient provocation
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Words alone
Civil trespass Intoxication Mental disease |
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Common law sufficient provocation
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Mutual combat
Illegal arrest Observe wife's infidelity Violent crime against relative |
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MPC extreme emotional disturbance
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Reasonable excuse for EED
Reasonableness determined from D's situation (ambiguous) under circumstances as he believe them to be Allows mistaken belief |
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TPC sudden passion
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Penalty mitigator - immediate influence of sudden passion arising from adequate provocation
D must prove by POE Judged by person of ordinary temper (CL) No cooling off period (CL) Provocation from victim (CL) |
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Common law involuntary manslaughter
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D's M/S does not constitute malice aforethought
1. Criminally negligent - lawful acts carried out in unlawful fashion or without due caution 2. Killings in course of unlawful acts |
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Common law felony murder
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1. Causing death
2. Of human 3. Any act 4. In course of felony Intent to commit underlying felony imputed to homicide |
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MPC vs. TPC - felony murder
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MPC - included in deprave heart
lists felonies Engaged in OR in flight from felony TPC - felony other than manslaughter In course of AND in furtherance of, or in IMMEDIATE flight Sounds like needs two acts: commit felony and commit dangerous act |
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Causation
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Actual cause - "but for" test
Proximate cause - who is it just to punish? was there intervening act? |
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Common law merger rule
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Only assaults merged
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Lawson
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Texas - felony murder, killed victim while committing I and K aggravated assault
Texas has no merger rule Aggravated assault not lesser included offense of manslaughter (lower M/R) |
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Lomax
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Texas - felony murder, DWI and killed girl
No M/R required for felony murder Underlying felony does not supply M/S Don't know if intox manslaughter lesser included offense of manslaughter |
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Agency rule
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CL and majority rule (MPC)
D guilty of felony murder only for killings directly caused by him and co-felons and only when victim not a co-felon |
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Proximate cause rule
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D guilty of felony murder even if third party direct cause of death, regardless of whether victim is co-felon or innocent
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Alternatives if agency jurisdiction
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1. Shield cases
2. Provocative act 3. Wanton murder (extreme indifference) |
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Common law justification/excuse
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Justification transfers to third party, excuse does not
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Common law necessity
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1. Imminent danger from natural forces
2. D can effectively avert harm 3. No legal alternative 4. Harm caused by crime less than harm avoided 5. No legislative choice to contrary 6. D has clean hands |
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Common law duress
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1. Person threatens death/SBI against D or family unless D commits crime
2. D reasonably believes threat genuine/imminent 3. No escape from compliance 4. Clean hands 5. No defense to murder |
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MPC vs. TPC - duress
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MPC - threat of force, no defense to N crime if N placed himself in situation
TPC - felony - threat of imminent death/SBI, misdemeanor - threat of force |
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Common law non-deadly self-defense
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1. Reasonably believes
2. Another intends battery or false imprisonment 3. No duty to retreat 4. Never deadly force against non-deadly force |
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Common law deadly self-defense
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1. Reasonably believes
2. Deadly force necessary 3. To protect against immediate use of unlawful deadly force 4. D is not the aggressor (unless communicated withdrawal) Initial aggressor using non-deadly force cannot use self-defense against deadly escalation of force unless he retreats/withdraws 5. Duty to retreat if safe (unless in own house) |
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MPC vs. TPC - self-defense (non-deadly)
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TPC: need reasonable belief (presumption)
Cannot be provoker Cannot be involved in criminal activity |
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MPC vs. TPC - self-defense (deadly)
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TPC: need reasonable belief
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Battered spouse/child syndrome
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Cycle of violence makes the D hypervigilent and able to recognize a threat of imminent danger from conduct that would not appear imminently threatening to someone else
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Alonzo
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Texas - self defense, killed fellow inmate in fight
Self-defense can apply to manslaughter Actions justified, so can't be reckless |
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Common law defense of others
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Protect family/servants against assault
Protect anyone against forcible felony Alter-ego rule: only have defense when person aided was entitled to act in self-defense |
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MPC vs. TPC - defense of others
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TPC: requires reasonable belief
Intervention immediately necessary |
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Morales
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Texas - killed victim fighting brother in gang fight
No duty to retreat Presumption of reasonableness |
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Common law defense of property
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1. Prevent property from being taken or recovery if taken in D's presence and D in hot pursuit
2. Never use deadly force 3. Cannot be aggressor |
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MPC vs. TPC - defense of property
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MPC: very forgiving and protective of private property
TPC: D must be in lawful possession of property Must have reasonable belief Force immediately necessary or in fresh pursuit Deadly - must be committing/fleeing listed felony |
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Common law attempt
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Technically not felony
1. Specific intent to commit the crime 2. Overt act No abandonment/renunciation defense |
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MPC vs. TPC - attempt
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MPC: substantial step
Only need culpability required for object crime TPC: more than mere preparation Need specific intent to commit the crime Renunciation - must avoid/prevent commission (incomplete defense if fail to prevent) |
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MPC vs. TPC - impossibility
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MPC: no impossibility defense
TPC: not clear if factual impossibility (D can argue no way acts could have tended crime) |
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Common law solicitation
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Misdemeanor
1. Intent to commit act, intent that solicitant commit object offense 2. Asking/inducing/hiring/encouraging another to commit offense 3. Solicitant has to have received information |
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MPC vs. TPC - solicitation
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MPC: with purpose to promote crime
Doesn't matter if D fails to communicate with solicitant TPC: intent that capital/first degree felony committed |
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Common law conspiracy
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Bilateral, misdemeanor
Includes agreement to commit felony and agreements to engage in lawful conduct unlawfully in that it is so bad for public welfare (too broad) 1. Agreement 2. Intent Don't need overt act |
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MPC vs. TPC - conspiracy
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MPC: unilateral
With purpose of promoting crime Same grade and degree as crime TPC: bilateral Intent that felony be committed One category lower |