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41 Cards in this Set
- Front
- Back
What are the specific intent crimes?
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FAR BECALMS
F: False pretenses A: Attempt R: Robbery B: Burglary E: Embezzlement C: Conspiracy A: Assault (one type) L: Larceny M: Premeditated Murder S: Solicitation |
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What are the malice crimes?
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Murder and Arson
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What are the general intent crimes?
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Battery, Rape and Kidnapping
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What are the elements to solicitation?
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Inciting, counseling, advising, etc., another to commit a FELONY with the specific intent that the person solicited commit the crime. The crime is complete at the time the solicitation is made.
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What is criminal attempt?
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1.) A specific intent to commit the crime; and,
2.) an overt act in furtherance of the crime. |
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Can one withdraw from an attempt?
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Generally, withdrawal is no defense. However, under MPC withdrawal is a defense if 1.) it is fully voluntary (not done because the project is difficult) and 2.) it si a complete abandonment, not just a desire to postpone or find another victim.
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What are the four tests for insanity?
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1. McNaughton: no awareness of right/wrong, criminal purpose
2. Irresistible Impulse: focuses on control 3. Product: No responsibility for a crime because the illness caused it. 4. Model Penal Code/ALI: combines first two tests. If mental illness caused substantial impairment of ability to appreciate wrongness of act or to conform conduct to law. |
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Is voluntary intoxication a defense?
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Only to specific intent crimes.
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What does malice mean, as in 'malicious intent'?
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Prosecution need only show that the defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur.
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Can the State eliminate intoxication as a defense?
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Yes, says the Supreme Court.
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Is mistake of fact a defense?
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Only if it negates a required state of mind. Think of the hunter example.
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Does a mistake have to be reasonable?
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For malice and general intent crimes, reasonableness is required. For specific intent crimes, it only has to be good faith.
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When can police use deadly force to stop commission of a felony?
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1. Probable cause the defendant just committed a felony;
2. Reasonable belief that it is necessary to use deadly force to prevent escape; 3. Must demonstrate that defendant poses a particular risk of danger to others. |
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For what crimes is duress and necessity not available?
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Purposeful homicides.
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What are the elements of entrapment?
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1. The criminal design must have originated with law enforcement officers;
2. The defendant must not have been predisposed to commit the crime prior to the initial contact by the government. |
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How does the burden go on entrapment?
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If the defendant offers credible evidence on the two elements, the government must show predisposition beyond a reasonable doubt.
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What are the elements to criminal battery?
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Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.
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What state of mind is needed for battery?
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A battery need not be intentional. Criminal negligence is sufficient.
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What is aggravated battery?
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Batteries which:
1. Deadly weapon is used; 2. Serious bodily injury is caused; or 3. The victim is a child, woman or police officer. |
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What are the elements to assault?
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1. Attempt to commit battery or
2. Intentional creation -- other than by mere words -- of a reasonable apprehension in the mind of the victim of imminent bodily harm. |
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What are the types of homicide at common law?
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Murder, Voluntary Manslaughter, and Involuntary Manslaughter.
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What is the definition of murder?
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The unlawful killing of a human being with malice aforethought.
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What is malice aforethought?
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1. Intent to kill;
2. Intent to inflict great bodily injury; 3. Reckless indifference to human life; 4. Intent to commit a felony. |
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What is voluntary manslaughter?
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Intentional killing distinguishable from murder by the existence of adequate provocation.
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What is "adequate provocation"?
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In voluntary manslaughter, it reduces a killing to voluntary manslaughter. It requires:
1. Sudden and intense passion that would overcome ordinary person; 2. D was in fact provoked; 3. No sufficient time to cool off; 4. D did not cool off. |
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When is provocation adequate?
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1. Being subjected to a serious battery or a threat of deadly force; and
2. Finding one's spouse in bed with someone else. |
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What are the two types of involuntary manslaughter?
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1. Criminal negligence (higher standard than civil liability)
2. Unlawful Act manslaughter. (while committing a misdemeanor or felonies that are not violent) |
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If A deliberately shoots B in the leg, and B is a hemophiliac and dies, is A guilty of murder?
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Yes. A "takes the victim as he finds him."
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What does "proximate cause" mean in causation (of deaths)?
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Defendants are responsible for foreseeable consequences of their acts.
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What are the elements for false imprisonment?
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Unlawful
Confinement of a person Without his valid consent. |
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What are the elements of kidnapping?
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Confinement of a person that involves
1. Movement of the victim OR 2. Concealment of the victim in a 'secret' place. |
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What is rape?
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Unlawful carnal knowledge of a woman by a man without her effective consent.
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What is larceny?
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1. A taking
2. and carrying away 3. of personal property 4. of another 5. by trespass 6. with intent to permanently deprive |
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If a bailee opens closed containers, is that larceny or embezzlement?
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Larceny.
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Elements of embezzlement:
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1. Fraudulent
2. Conversion 3. Of property 4. of another 5. by a person in lawful possession of that property. |
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Elements of false pretenses are:
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1. Obtaining title
2. To the property of another 3. By an intentional false statement of past or existing fact; 4. With intent to defraud the other. |
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Elements of robbery are:
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1. A taking
2. of personal property of another 3. from the other's person or presence 4. by force or intimidation 5. with the intent to deprive him permanently of it. |
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Elements of receiving stolen property:
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1. Receiving possession and control
2. Of stolen personal property 3. Known to have been obtained in a manner constituting a criminal offense 4. by another person 5. With intent to permanently deprive the owner of his interest in the property. |
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Elements of burglary:
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1. Breaking
2. And entering 3. of the dwelling 4. of another 5. at nighttime 6. with the intent of committing a felony therein. |
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Elements of arson:
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1. Malicious
2. burning 3. of the dwelling 4. of another |
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Is an explosion good for arson?
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No. No flame.
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