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29 Cards in this Set
- Front
- Back
Criminal Merger
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1. Solicitation or Attempt into Completed Crime
2. Lesser Included Offenses into Greater Offenses |
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Specific Intent
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First Degree Murder, Assault, Theft Crimes, Solicitation, Attempt and Conspiracy
*voluntary intoxication and unreasonable mistake of fact apply only to specific intent crimes. |
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Malice
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Common Law Murder and Arson. Must show defendant recklessly disregarded an obvious or high risk that a particular harmful result would occur.
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General Intent
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Defendant must be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present.
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Accomplice
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person who, with the intent that the crime be commited, aids, counsels, or encourages the principal before or during the commission of the crime.
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Accomplice Intent
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given aid, enouragement, etc. with teh intent to aid or encourage the principal in the commission of the crime.
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Accomplice Liability
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Liable for the crimes he counseled adn for any other crimes committed int eh course of committing the crime contemplated, as long as the other crimes were probable adn foreseeable.
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Accomplice Withdrawal
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One who has rendered encouragement or aid to another may avoid liability if he withdraws from the crime before it's comitted.
*must occur before crime becomes unstoppable |
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Solicitation
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Inciting, counseling, advising, inducing, urging, or commanding another to commit a felony with the specific intent that the person solicited commit the crime. Complete at the time the solicitation is made. No need for other party to agree.
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Defenses of Solicitation
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1. Impossiblity is NOT a defense.
2. Can't withdraw after made 3 Exemption from Intended Crime. |
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Conspiracy
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No merger with completed crime. Elements:
1. Agreement between two or more persons. 2. Intent to enter into an agreement. 3. Intent to achieve the objective of the agreement. *specific intent crime (intent to agree and intent to achieve objective) |
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Defenses to Conspiracy
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1. Impossiblity is NOT a defense
2. Withdrawal is NOT a defense. Complete when agreement is made |
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Attempt
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Act that, done witht the intention of committing a crime, falls short of completingthe crime. Elements:
1. Specific Intent to commit crime 2. Overt act in furtherance of that intent |
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Defenses to Attempt
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1. Legal Impossibility of Success (the things taht defendant does or intends to do would not actually be a crime).
2. Abandonment (withdrawal) only if: it is fully voluntary adn it is complete abandonment. *if charged with only attempt, cannot be charged with completed crime. |
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Insanity
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Three Tests:
1. M'Naghten Rule 2. Irresistible Impulse 3. Durham |
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M'Naghten Rule of Insanity
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1. Disease of the mind
2. Caused a defect of reason 3. Such that the defendant lacked the ability at the time of his actions to either: (i) know the wrongfulness of his actions or (ii) understand the nature and quality of his actions. |
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Examples where M'Naghten would apply
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1. Defendant with delusions
2. Belief Acts are morally right 3. Inability to control oneself |
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Irresistible Impuse Test of Insanity
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Proof establishes that because of mental illness, defendant was unable to control his actions or to conform his conduct to the law.
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Durham Test of Insanity
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Froof establishes taht defendant's crim was the "product of mental disease or defect". (would not have been committed but for disease).
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Intoxication
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Voluntary or Involuntary. Evidence of intoxication may be raised whenever the intoxication negates the existence of an element of a crime.
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Voluntary Intoxication
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Can be used against specific intent crimes only. Usually not against general intent crimes. Not available if def purposely becomes intoxicated in order to establish the defense.
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Involuntary Intoxication
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results from taking of an intoxicating substance without knowledge, under duress, or pursuant to medical advice. Treated as mental illness.
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Infancy
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Under Seven - no criminal liability
Under Fourteen - Rebuttable presumption of no criminal liability. Over Fourteen - treated as adult. |
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Self Defense with Nondeadly Force
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Individual who is w/o fault may use such force as reasonably appears necessary to protect herself from the imminent use of unlawful force upon herself. no duty to retreat first.
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Self Defense with Deadly Force
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Person w/o fault is confronted with unlawful force and she is threatened with imminent death or great bodily harm. No duty to retreat (especially in home, police officer, robbery)
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Regain right to use deadly force
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Defendant may regain their right to self defense if:
1. Withdrawal - stops action and communicates that to victim 2. Sudden Escalation - victim suddenly escalates a minor fight into deadly force. |
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Defense of a Dwelling
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NO DEADLY FORCE
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Mistake of Fact (criminal defense)
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defendant did not have the state of mind required for the crime
*must be reasonable for everything but specific intent |
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Consent
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1. Consent was voluntarily adn freely given
2. Legal capacity to consent 3. No fraud involved |