Crim Flashcards
Usual felonies for felony murder
burglary, arson, robbery, rape, kidnapping
voluntary manslaughter elements
Intentional killing resulting from adequate provocation
involuntary manslaughter elements
Unintentional killing caused by criminal negligence (recklessness under MPC) or foreseeably caused during a misdemeanor manslaughter (misdemeanor or non-IDF felony)
what is a crime of misfeasance
One with a legal duty to act may be guilty of murder for failing to act (without intent to kill)
elements for criminal battery
The unlawful application of
direct or indirect force
resulting in bodily injury or offensive touching
rise to aggravated is causes serious bodily injury or uses a weapon
Criminal assault elements
intent to
commit battery
or put P in reasonable apprehension of
imminent bodily harm
kidnapping elements
confinement or moving of V wihtout consent
elements of larceny and defenses
taking
Someone else’s property
with the intent to
permanently (or for a long time) deprive
defenses:
intent to return w/I reaosnable time
as repayment done openly
honest mistake
embezzlement elements and defenses
Intentional fraudulent conversion or misappropriation of another’s personal property
defenses:
intent to restore
as repayment of debt done openly
larceny by trick
obtaining possession of P’s property
by fraudulent representation with
intent to defraud
theft by false pretenses (title theft)
misrepresentation of material fact (not opinion) that prompts P to pass TITLE
intention to defraud
robbery elements
larceny by (+threat of imminent) force
aggravated robbery: deadly weapon
crime of extortion
Obtaining property by threat of harm or exposing information (need not be immediate or in V’s presence)
elements of forgery
Creating or altering a writing with apparent legal significance so that it is false, with intent to defraud
element of burglary
breaking and entering a structure (incl. car) with intent to commit a felony therein
arson
malicious burning of another’s house
elements of solicitation and its defense
Asking, inducing, urging, or otherwise encouraging another to commit an actual crime (no attempt)
defense: is D changes mind and prevents it
Crime of attempt
intent to bring about a criminal outcome
One substantial act (MPC) beyond mere preparation
conspiracy, and Pinkerton and Wharton
knowing MUTUAL (majority) agreement
MPC: unilateral agreement (one party) OK
Pinkerton: each conspirators is liable for the substantive crimes of all other co-conspirators if the crimes were foreseeable outgrowth of the conspiracy, and they were committed in furtherance of the goal of the conspiracy
Wharton: you cannot have a conspiracy without a third person if the crime requires two people such as duelling 
accomplice liability
intent
aid/encourage another’s commission of a crime
principle need not be convicted
standard of proof for affirmative defenses
preponderance (at least).
BUT putting any burden on Δ to DISPROVE an element of an offense is reversible error.
burden always rests with the state to prove beyond a reasonable doubt that Δ is guilty of each ELEMENT of crime charged
