Crim law 1

Question 1

Jurisdiction (crim law)

Answer 1

state acquires jurisdiction if CONDUCT or RESULT happened in state

Question 2

Merger (crim law)

Answer 2

solicitation and attempt - MAY MERGE
-once completed, cannot be convicted of attempting to commit the crime

conspiracy- NO

Question 3

ACT

Answer 3

voluntary act

acts that DONT qualify:

• not product of own volition
• reflexive or convulsive
• unconscious or asleep

Question 4

Legal duty to act (omission) (5)

Answer 4

1. by statute (file your taxes)
2. by contract (lifeguard, nurse)
3. bc of relationship btwn parties (parents duty to protect children)
4. voluntary assume duty of care and fail to adequately perform it
5. conduct created peril

Question 5

Specific Intent Crimes (11)

Answer 5

Students Can Always Fake A Laugh Even For Ridiculous Bar Facts

solicitation, conspiracy, attempt, first degree, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery

*qualify for additional defenses of VOLUNTARY INTOX and UNREASONABLE MISTAKE OF FACT

Question 6

Malice Crimes (2)

Answer 6

reckless disregard of a high risk

1. murder
2. arson

Question 7

General Intent Crimes “catch all”

Answer 7

all crimes not mentioned unless they qualify for strict liability

*most common RAPE and BATTERY

Question 8

Strict Liability “no intent crimes” (2)

Answer 8

1. dont have to prove intent
2. if the crime is in admin, regulatory, or morality area and NO ADVERBS LIKE “knowingly, willfully, or intentionally” then meant to be NO INTENT crime of strict liability

Question 9

Purposely

Answer 9

conscious objective

Question 10

Knowingly

Answer 10

aware likely to cause the result

Question 11

Recklessly

Answer 11

conscious disregard for a substantial and unjustifiable risk

Question 12

Negligent

Answer 12

fail to be aware of a substantial and unjustifiable risk

Question 13

Accomplice liability (3)

Answer 13

1. aids, advises, or encourages principal
2. requisite intent that crime be committed
3. liable for crime and foreseeable crimes

Question 14

Accomplice Withdrawal (3)

Answer 14

1. repudiate encouragement
2. if provided assistance, must neutralize the assistance
3. alternate means of withdrawing is call cops

Question 15

Inchoate crimes (3)

Answer 15

1. Solicitation
2. Attempt
3. Conspiracy

Question 16

Solicitation

Answer 16

asking someone to commit a crime

• crime ends when you ask
• under COMMON LAW, not necessary they agree
• if agree, CONSPIRACY
• factual impossibility NO DEFENSE

Question 17

Conspiracy (3)

Answer 17

1. agreement
2. with intent to agree
3. and intent to pursue an unlawful objective

Question 18

Co-Conpirator Liability (2)

Answer 18

1. all other foreseeable crimes
2. in furtherance of conspiracy

MAJ- overt act (even mere preparation)
MIN- just agreement

-need not be express agreement

Question 19

Co-Conspirator Liability (bilateral vs unilateral)

Answer 19

Bilateral (common law)

• two guilty parties
• acquittal of others, precludes conviction of remaining

Unilateral (Modern/MPC)
-only one person have genuine criminal intent

*withdrawal only for OTHER crimes, not for conspiracy itself

Question 20

Attempt (2)

Answer 20

1. specific intent

2. overt act in furtherance of crime (substantial step)

Question 21

Attempt (defense of abandonment)(MAJ vs MIN)

Answer 21

MAJ- once substantial step, NEVER

MIN/MPC- only if fully voluntary and complete renunciation

Question 22

Attempt (defense of impossibility)

Answer 22

LEGAL- yes

FACTUAL- no

Question 23

Insanity (criminal defense) (4)((FLO))

Answer 23

1. M’ Naghten Rule ((FLO))
   - D lacked ability to know wrongfulness or understand nature/quality of actions
2. Irresistible Impulse
   - D lacked capacity for self control/free choice
3. Durham Rule
   - D conduct a product of mental illness
4. MPC
   - D lacked substantial capacity to conform to law

Question 24

Intoxication (criminal defense) (2)

Answer 24

1. voluntary–> SPECIFIC INTENT CRIMES ONLY
   - addicts /alcoholics always voluntary
2. involuntary–>
   (i) unknowingly being intoxicated
   (ii) or become intoxicated under duress

Question 25

Infancy (criminal defense)

Answer 25

Under 7- NO LIABILITY Under 14- REBUTTABLE PRESUMPTION of NO CRIM LIABILITY

Question 26

Non-Deadly force (self defense)

Answer 26

may use when reasonably believe force is about to be used

Question 27

Deadly force (self defense)(maj vs min)

Answer 27

MAJ -may used when reasonably believe about to be used on YOU MIN -req to retreat if safe to do so

Question 28

Retreat Exceptions (3)

Answer 28

1. no duty to retreat from your home 2. if you're a victims of rape or robbery 3. police officer

Question 29

Original Aggressor (self defense) (2)

Answer 29

original aggressor doesn't have self defense, to get back they MUST: 1. withdraw 2. communicate that withdrawal

Question 30

Defense of Others (criminal defense)

Answer 30

if reasonable belief that the person assisted would have had the right to defend themselves -need not be a special relationship btwn two

Question 31

Duress (criminal defense) (2)

Answer 31

1. act under threat of imminent infliction of death or great bodily harm AND 2. belief is reasonable * threats to harm a 3rd p may also suffice * DURESS NOT DEFENSE TO HOMICIDE

Question 32

Necessity (criminal defense) (4)

Answer 32

1. conduct otherwise criminal 2. justifiable if result of pressure from natural forces 3. D reasonably believes 4. conduct necessary to avoid greater societal harm

Question 33

Mistake of Fact (criminal defense)

Answer 33

only when the mistake negates intent SPEC INTENT--> any good faith mistake at all MALICE/GENERAL--> reasonable mistake STRICT LIAB--> NEVER

Question 34

CONSENT (criminal defense)

Answer 34

generally not a defense

Question 35

Entrapment (criminal defense)

Answer 35

1. criminal design originated with law enforcement officers | 2. D not predisposed to commit the crime