Concord Rule Statements Flashcards

0
Q

Murder:

A

Homicide with malice aforethought

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1
Q

Homicide:

A

Killing of a human being by the defendant’s act

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2
Q

Malice:

A

CL: Intent to kill with deliberateness (but can be shown in other ways)

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3
Q

Wanton conduct:

A

Deliberate creation or Willful disregard of an extreme and unreasonable risk of death or serious bodily injury which results in the death of another

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4
Q

Felony Murder Rule:

A

If someone dies as a proximate result of and during the perpetration of an inherently dangerous felony, all the parties that committed the felony will be held vicariously liable for the death

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5
Q

Under the felony murder rule, is there a requirement of an intent to kill?

A

No, there must be an intent to commit a felony, a death must result from the felony, The death must be a proximate result of the underlying crime, and in furtherance or during the perpetration of the felony

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6
Q

What are the felonies covered by the felony murder rule?

A

CL: any felony
Modernly: only crimes that are generally dangerous to life
* some jurisdictions: BARRK

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7
Q

What are the two ways that the “dangerous to life” restriction is treated for felony murder?

A
  • Objective view: felony is of an inherently dangerous nature
  • Subjective view: felony was committed in a way to create a foreseeable risk of severe danger
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8
Q

Vicarious liability:

A

Felons and co-felons are equally responsible for the consequences of their individual acts committed as part of, and in furtherance of, the underlying felony

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9
Q

Voluntary manslaughter:

A

Intentional killing of another human being where there are mitigating circumstances warranting reduction of the charge from murder to manslaughter

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10
Q

Mitigation:

A

Heat of passion and emotional disturbance. Circumstances provoked the defendant to the point where he could not reflect before acting

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11
Q

The mitigation defense is only available for what crime?

A

Murder

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12
Q

If a reasonable cooling off period has elapsed, can there be mitigation?

A

No

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13
Q

Imperfect self defense:

A

Reduces murder to manslaughter where the defendant honestly, but unreasonably believes the deadly force is necessary to defend himself or a third-party

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14
Q

Involuntary manslaughter:

A

Unintentional killing which is the result of:

  • death during the perpetration of a non-dangerous felony or misdemeanor
  • A death resulting from a grossly reckless act
  • A negligent homicide
  • or an intent to inflict non-serious bodily harm that results in death
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15
Q

What are the degrees of murder?

A

1st° and 2nd°

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16
Q

What is first degree murder?

A

Premeditated murder, or felony murder

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17
Q

2nd degree murder:

A

All other murder than first

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18
Q

What are the crimes against people besides murder?

A

Battery, assault, mayhem, rape, kidnapping, false imprisonment

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19
Q

What is battery?

A

Direct or indirect unlawful touching of another person without consent and with the intent to cause injury, and injury in fact results

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20
Q

Assault:

A

Attempted battery. Placing another in fear of imminent serious physical injury, with the intent to cause such fear. The victim’s apprehension must be of immediate violence

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21
Q

Rape:

A

Unlawful sexual intercourse with a woman against her will by force or by threat of immediate force

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22
Q

Non-forcible statutory rape:

A

Sexual intercourse with a woman who by reason of age, is incapable of consenting to such conduct

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23
Q

Kidnapping:

A

Unlawful seizure of a person plus asportation

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24
Q

Asportation:

A

Taking a person from one place to another

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25
Q

What are the crimes against property?

A

Theft crimes and structure crimes

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26
Q

What are the theft crimes?

A

Larceny, robbery, extortion, larceny by trick, embezzlement, false pretenses, receiving stolen property

27
Q

What is larceny?

A

A crime against possession, where the defendant unlawfully takes and carries away another person’s goods with the intent to convert them to the taker’s own use

28
Q

Robbery:

A

Taking of property by the threat immediate harm of force or violence

29
Q

Extortion:

A

A threat to the victim to cause him or another person future harm along with an intent to receive the victim’s property as a result of the threat

30
Q

Larceny by trick:

A

The defendant, with the intent to permanently deprive the owner of her property, obtains that property by fraud

31
Q

Embezzlement:

A

Intent to fraudulently convert property that is lawfully in the embezzler’s possession. Fraudulent conversion of property by selling, spending, damaging, or failing to return the entrusted property

32
Q

False pretenses:

A

Obtaining title and possession of property by fraud and does so by knowingly making a false statement with the intent to defraud the victim

33
Q

Just taking possession, but not title is considered what?

A

Larceny by trick

34
Q

Receiving stolen property:

A

Defendant must receive property knowing it is stolen and must have the intent to deprive the owner of the property

35
Q

What are structure crimes?

A

Burglary and arson

36
Q

What is burglary?

A

Breaking And entering of another’s dwelling at night with intent to commit an offense within

37
Q

When must The intent be present for burglary?

A

The time of the unlawful entry

38
Q

Trickery to enter a dwelling is considered what?

A

A breaking in

39
Q

Arson:

A

Intentionally starting a fire that burns another’s dwelling, even if there’s only slight damage. Must be intent to burn or recklessness

40
Q

What are the preliminary offenses?

A

Solicitation, conspiracy, attempt

41
Q

Solicitation:

A

Asking another person to commit a crime with the intention that the crime be committed

42
Q

Conspiracy:

A

CL: when defendant enters an agreement to commit a crime
MPC: defendant enters an agreement to commit a crime and an overt act is done toward the commission of the target offense

43
Q

Withdrawal from conspiracy:

A

CL: conspiracy is complete when the agreement is made, there can be no withdrawal
MPC: withdrawal is a defense if the withdrawing party thwarts the success of the conspiracy under circumstances showing a complete and voluntary renunciation of criminal purpose

44
Q

Attempt:

A

CL: An intent to commit a crime and an act which tends to consummate the crime
MPC: defendant purposely engages in conduct that shows he has taken a substantial step toward the commission of the offense

45
Q

What are defenses?

A

Self defense, defense of others, crime prevention, apprehension of fleeing felon, mistake, entrapment

46
Q

Self defense:

A

D claims the use of force was necessary to protect himself or third-party from immediate bodily harm

47
Q

What Are the two important rules for self-defense?

A

D can only use reasonable force and cannot be the initial aggressor, unless he renounces the aggression

48
Q

Defense of others:

A
  • some jurisdictions: D may use force to the extent the third-party could’ve used force
  • others: D can use reasonable force to protect a third-party if it reasonably appeared necessary
49
Q

Crime Prevention:

A

D can use reasonable force to prevent a felony, but deadly force can only be used to prevent crimes of violence (BARRK)

50
Q

Apprehension of fleeing felon:

A

Person can use reasonable force to apprehend a fleeing felon if the felony was committed in the citizen’s presence, and deadly force can only be used if the fleeing felon presents a danger to the life of others

51
Q

What Are the two categories of mistake?

A

Defense to specific intent crime, and defense to general intent crime

52
Q

How is mistake defense to a specific intent crime?

A

When the mistake negates the mental element that is required for the offense

53
Q

How is mistake a defense to a general intent crime?

A

Not a defense if the conduct is criminal without consideration of defendant’s specific intent

54
Q

Entrapment:

A

When defendant is actively encouraged to commit a crime by a state official, so long as he was not previously disposed to commit the offense

55
Q

What is the classification of parties?

A

Principal in the 1st°, principal in the 2nd°, accessory before the fact, accessory after-the-fact

56
Q

What is a principal in the 1st°?

A

Those that actually commit the offense

57
Q

Principal in the 2nd°:

A

Accomplices who are actively or constructively present at the scene of the crime, and aided in the commission of the offense

58
Q

Accessory before the fact:

A

Accomplices that aides the crime but are not actually or constructively present during its commission

59
Q

Accessory after-the-fact:

A

Rendered assistance after the crime was committed

60
Q

What are the requirements for accomplice liability?

A

Agreement for some unlawful purpose, and a majority of states require an overt act in furtherance of the agreement

61
Q

All accomplices are held responsible for what?

A

Those acts and crimes within the scope of the conspiracy. The foreseeable consequences of the underlying crime

62
Q

What is the definition of necessity as a defense?

A

This applies when nonhuman events compel a defendant to commit a criminal act to avoid a greater harm from occurring, and there can be no viable option other than the greater harm, or the D’s course of action

63
Q

What are other things you need to consider when discussing necessity a defense?

A
  • if there were other third options

- if the threat of death was imminent

64
Q

What is the definition of accomplice liability?

A

One who aids, abets, encourages, or assists another to perform a crime, with the intent that the offense be committed, is liable for that crime