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BLL Crim Law Flashcards

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1
Q

what are the specific intent crimes?

A

Burglary
Attempt
Murder

Assault
Conspiracy
Theft
Solicitation

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2
Q

what are the general intent crimes?

A

battery
rape
kidnapping
false imprisonment

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3
Q

what are the malice crimes?

A

CL murder
arson

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4
Q

what are the SL crimes?

A

statutory rape
selling liquor to minors
bigamy

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5
Q

what is the purposely state of mind?

A

conscious object to engage in prescribed conduct

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6
Q

define the knowingly mens rea

A

awareness that conduct is of a particular nature or will cause a particular result

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7
Q

define reckless mens rea (MPC)

A

consciously disregarding a substantial and unjustifiable risk

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8
Q

define negligence (MPC)

A

failure to be aware of a substantial and unjustifiable risk

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9
Q

What is a principal liable for?

A

the principal crime

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10
Q

what is an accomplice liable for (or accessory before the fact)?

A

principal crime if accomplice intended to aid or encourage the crime

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11
Q

what is the purposely state of mind?

A

conscious object to engage in prescribed conduct

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11
Q

what is an accessory after the fact liable for?

A

liable for separate, less serious crime of being an accessory after the fact

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12
Q

what inchoate crimes merge?

A

solicitation and attempt

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13
Q

what is an accessory after the fact liable for?

A

liable for a separate, less serious crime of being an accessory after the fact

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14
Q

define murder

A

unlawful killing of another human being with malice aforethought

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15
Q

what is the purposely state of mind?

A

conscious object to engage in prescribed conduct

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16
Q

define first degree murder

A
  1. felony murder
  2. deliberate and premeditated murder
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17
Q

define first degree murder

A

deliberate and premeditated murder, includes felony murder

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18
Q

define second degree murder

A

killing done w/ reckless indifference to an unjustifiably high risk to human life

19
Q

what is the purposely state of mind?

A

conscious object to engage in prescribed conduct

20
Q

felony murder

A

any death caused in the commission or or in attempt to commit a felony

21
Q

what felonies are included under the felony murder rule at CL?

A

Burglary
Arson
Rape
Rrobbery
Kidnapping

22
Q

define voluntary manslaughter

A

killing that would be murder but for the existence of adequate provocation

23
Q

when is provocation adequate to decrease murder to voluntary manslaughter?

A
  1. provocation that would arouse a sudden and intense passion int he mind of an ordinary person, causing them to lose self control
  2. D was in fact provoked
  3. not sufficient time between provocation and killing for a reasonable person to calm down
  4. D in fact did not cool off
24
Q

define involuntary manslaughter

A

a killing committed w/ criminal negligence (recklessness standard under MPC) (failure to be aware of a substantial and unjustifiable risk)

25
Q

define criminal battery

A

unlawful application of force to the person of another resulting in either bodily injury or offensive touching

26
Q

define criminal assault

A

1, an attempt to commit a battery OR
2. intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm

27
Q

define criminal false imprisonment

A

unlawful confinement of a person without the person’s valid consent

28
Q

define kidnapping

A

unlawful confinement that involves movement of the victim or concealment of the victim

29
Q

define larceny

A

a taking and carrying away of tangible personal property of another by trespass with intent to PERMANENTLY deprive

30
Q

define embezzlement

A

fraudulent conversion of personal property of another by a person in lawful possession fo that prop

31
Q

define the crime of false pretenses

A

obtaining TITLE to personal prop of another by an intentional false statement with intent to defraud

32
Q

DEFINE THE CRIME OF LARCENY BY TRICK

A

tricking victim into giving up CUSTODY OR POSSESSION or prop

33
Q

define robbery

A

a taking of personal prop of another from the person’s presence or person by force of threats of imminent force with the intent to permanently deprive

34
Q

define burglary at CL

A

a breaking and entry of a dwelling of another at nighttime with the intent to commit a felony therein

35
Q

define arson at CL

A

malicious burning of the dwelling of another

36
Q

what is the M’Naughten rule for the insanity defense?

A

a D is entitled to acquittal only if, because of their mental illness, they were unable to control their actions or conform their conduct to the law

37
Q

what is the Durham test for insanity?

A

a D’s crime was the product of their mental illness

38
Q

what is the MPC test for insanity?

A

id D had a mental disease or defect, and, as a result, they lacked substantial capacity to either appreciate the criminality of their conduct or conform their conduct to the reqs of the law

39
Q

when is voluntary intoxication a defense?

A

only to specific intent crimes

BAM ACTS

40
Q

when is involuntary intoxication a defense?

A

all crimes

41
Q

is a mistake of law a defense to a crime?

A

no

42
Q

what is the purposely state of mind?

A

conscious object to engage in prescribed conduct

43
Q

what is the purposely state of mind?

A

conscious object to engage in prescribed conduct

44
Q

what is the purposely state of mind?

A

conscious object to engage in prescribed conduct

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