Basics Flashcards
Common-law a merger
If a person engaged in conduct constituting both a felony and misdemeanor, she could be convicted only of the felony. The misdemeanor merged into the felony
Modern law merger
When he solicits another to commit a crime may not be convicted of both the solicitation and the completed crime.
A person who completes a crime after attempting it may not be convicted of both the attempted and completed crime
Conspiracy does not merge with the completed offense.
Under MPC a defendant may not be convicted for more than one inchoate crime when his conduct was designed to Carmine in the commission of the same offense
Double Jeopardy
Prohibits trial or conviction of a person for a lesser included offense if he has been put in jeopardy for the greater offense. The court can impose multiple punishments for a single crime where the punishments are for two or more statutorily to find offensive specifically intended by the legislature to carry separate punishments even though the offenses arise from the same transaction constitute the same crime.
Omissions as an act requirements
A. There is a legal duty to act
B. The defendant has knowledge of the facts giving rise to the duty to act and
C. It is reasonably possible to perform the duty
Sources of a legal duty to act
- statute
- contract
- relationship between the defendant and victim
- voluntary assumption of care by the defendant for the victim
- the creation of parol for the victim by defendant
Mens Rea
Specific intent or objective.
specific intent crimes
- First-degree premeditated murder: premeditated intent to kill
- conspiracy: intent to have the crime completed
- attempt: intent to complete the crime
- forgery: intent to defraud
- embezzlement: intent to defraud
- false pretenses: intent to defraud
- larceny and robbery: intent to permanently deprive the other of his interest in the property taken
- assault: intent to commit battery
- Burglary: intent to commit a felony in the dwelling
- solicitation: intend to have a person solicited commit the crime
Malice definition
Crimes that require malice
A reckless disregard of an obvious or high risk that the particular harmful result will occur. Defenses to specific intent crimes, like voluntary intoxication, do not apply to malice crimes.
Common law murder and arson
General intent definition
General intent crimes
Awareness of all factors constituting the crime, defendant must be aware that she is acting and prescribed way and that any required attendance circumstances exist.
jury may infer that require general intent merely from the doing of the act
battery
rape
kidnapping
false imprisonment
strict liability definition
Strict liability crimes
A crime that does not require awareness of all of the factors constituting the crime, the defendant can be found guilty from the mere fact that she committed the act.
Statutory rape
Selling liquor to a minor
Bigamy (some jxs)
common-law states of mind
Specific intent: intent to engage in proscribed conduct
General intent: awareness of acting in proscribed manner
Malice: reckless disregard of a known risk
Strict liability: conscious commission of proscribed act
MPC states of mind
Purposely: conscious object to engage in prescribed conduct
Knowingly: awareness that contact is a particular nature or will cause particular result
Recklessly: consciously this regarding a substantial and unjustifiable risk (also objective); A gross deviation from the standard of care
Negligently: failure to be aware of a substantial and unjustifiable risk (objective)
Vicarious liability
One in which a person without personal fault can nevertheless be held liable for the criminal conduct of another, usually an employee
Types of crimes
Felonies: punishable by death or imprisonment for more than one year
Misdemeanors: other crimes
Vicarious Liability
Offense in which a person without personal fault may be held liable for the criminal conduct of another (ex: employee)
