Crim Flashcards
Under Common law, the elements of conspiracy consist of
(1) an agreement between two or mroe persons
(2) an intent to enter into the agreement
(3) an intent to achieve the objective of the agreement
unlike common law, majority of states require an overt act but an act of mere prep will suffice
For the crime of conspiracy, which statement best describes the necessary intent
the intent to agree AND the intent to achieve the objective of the conspiracy
An accused can be convicted of both conspiracy AND the ____ BUT an accused cannot be convicted of either ___ or _____ and the principal offense
principal offense
attempt OR solicitation
When can a conspirator be convicted of a crime committed by another conspirator?
(1) if the crimes were committed in furtherance of the objectives of the conspiracy AND
(2) the crimes were foreseeable
At common law, the conspiracy was compelte when the agreement with the requisite intent was reached. The majority rule followed by most states is that an act _______ must be performed
in furtherance of the conspiracy
if you are operating under the majority rule that requires an agreement plus an overt act, any _____ can be an overt act in furterance of the conspiracy, even an act of _____
little act
mere preparation
to have a conspiracy, there must be an agreement to reach an ______
UNLAWFUl objective
the merger rule at common law meant that if a person was engaged in conduct constituting both a felony and a misdemeanor, they could be convicted ONLY of
the felony. The misdemanor merged into the felony
Can someone who solicits to commit a crime be charged with BOTH solicitation and the completed crime?
NO
Can a person be convicted of BOTH attempt and the completed crime?
no
BUT for conspiracy, can a person be convicted of both conspiracy and the crime (i.e., convicted of both robbery and conspiracy to commit robbery)
yes
what are the 3 inhocate crimes?
conspiracy
attempt
solicitation
SAC
under the MPC, can a defendant be convicted of more than one incohate crime when their conduct was designed to culminate in the commission of the same offense?
no
felonies are generally punisihable by death of imprisonment for
more than one year
other crimes are misdemeanors
A crime almost always requires proof of
- a physical act (actus reus)
- a mental state (mens rea), and
- a concurrence of the act and metnal state
is doing somethign while unconscious voluntary?
NO that is not considered an “act” for actus reus
BUT the only exception would be of the D knew they were likely to be unconscious and commit the act, but this situation would have to be presented in the facts
the failure to act (omission) gives rise to liability ONLY if
(1) there is a legal duty
(2) the D has knowledge of the facts giving rise to the legal duty
(3) it is reasonably possible to perform the duty
a legal duty to act can arise from one of 5 circumstances
(1) by statute
(2) contract
(3) the relationship between the parties (parent/ spouse has duty to protect a child/spouse from harm
(4) the voluntary assumption of care by D for victim
(5) D created the peril for victim
for an omission to be a criminal act, there must be a ___ to act!
duty
Specific intent crimes:
Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts
- Solicitation
- Conspiracy
- Attempt
- First degree premeditated murder
- assault
-larceny
-embezlement
-false pretenses
-robbery - burglery
-forgery
What is the importance of “specific intent” crimes
these crimes will qualify for ADDITIONAL DEFENSES not available for other types of crimes
the intent necessary for MALICE crimes (common law murder and arson) requires a
reckless disregard of an obvious or high risk that the particular harmful result will occur
Do defenses to specific intent crimes (like voluntary intoxication) apply to malice crimes?
no
general intent means awareness of
factros contributing to the crime
a jury may ____ the required general intent merely from the doing of the act
infer
a strict liability or public welfare offense is one that does NOT require _______. So the D can be found guilty from the mere fact they commited the act
awareness of all the factors constituting the crime
If you see a crime that is in the administrative, regulatory, or morality area, and there are no adverbs like “knowingly”, ‘willfully” or “intentinally” then that statute is one that is
strict liability
which crimes have general intent
- battery
- rape
-kidnapping
-false imprisonment
FiK
Bat rap
Malice required in
common law murder and
arson
M-AC
MPC eliminates the common law distinctions b/w general and specific intenet and adopts the following categories of intent
- purposefully
- knowingly
- recklessly
when a statute requires that the D act purposely, knowingly, or recklessly, a _____ standard is used
subjective
a person acts negligently when they fail to be aware of a
substantial and unjustifible risk
negligence is governed by a ___standard
objective
the doctrine of transferred intent applies to
homicide
battery
arson
BAH
it does NOT apply to attempt
some crimes (like homicide) require result and ___-
causation
A person who effectively withdraws from a crime before it is committed will be held guilty as an
accomplice
withdrawal must occurr ____ the crime becomes unstoppable
BEFORE
to properly withdraw, if a person encouraged the crime, the person must ______ the encourageemnt
repudiate
a mere withdrawal from involvement WITHOUT taking ADDITIONAL action is
not sufficient
