Consequences of Felonies and Imposible Crime Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is the rule on liability for those who have committed a felony?

A

That person is liable for natural (ordinary course of things) and logical (reasonable connection) consequences of his criminal act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is Proximate Cause?

A

“The cause, which in its natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the result would not occurred”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

When is something not the proximate cause of the effect?

A
  1. There is an active force that intervened between the felony committed and the death of the victim,
  2. The resulting injury or damage is the intentional act of the victim.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

An accused committed reckless imprudence, and due to this, two people died. Can he be prosecuted for reckless imprudence resulting to double homicide? May reckless imprudence result into a complex crime?

A

YES, because reckless imprudence is a felony under Art. 3 and Art. 48 talks about felonies as component crimes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is an Impossible Crime?

A
  1. The offender performed an act which would be an offense against persons or property
  2. He performed the act with criminal intent 3. Accomplishment of the act is inherently impossible or the means employed were inadequate or ineffectual
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Factual or physical impossibility

A

There is intent and performance but no accomplishment due to extraneous circumstances that makes accomplishment impossible. EX fired guns into empty bedroom, because the intended victim was out of town

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Legal impossibility

A

There is intent and performance of a crime, but the consequence could not result into a crime. Ex. Stole a watch that turned out to be his.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Is an impossible crime a crime?

A

No. But it is still punished because the law intends to punish criminal inclinations/tendencies.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly