Crim Law 2 Flashcards

1
Q

Attempt

A
  • Specific Intent Crime
  • Substantial Step (beyond mere preparation)
  • In the direction of the commission of the crime (merges into substantive crime if completed)
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2
Q

Solicitation

A
  • Specific Intent Crime
  • asking a person to commit a crime.
  • Ends when D asks.
  • Merger: if the person you ask agrees, crime merges into conspiracy.
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3
Q

Conspiracy

A
  • Specific Intent Crime
  • Agreement (need not be express or know each other)
  • Intent to Agree
  • Intent to Pursue an unlawful Objective
  • Overt Act (Majority Rule) (Minority- you only need an 
agreement)
  • (each co-conspirator is liable for all crimes of the co- 
conspirators. If those crimes were committed in furtherance 
of the conspiracy and were foreseeable.)
  • (withdrawal- can never withdraw from liability, only from 
subsequent crimes
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4
Q

Assault & Battery

A
  • Battery= completed assault (general intent crime)
  • Assault (2 types)
  • Attempted battery (specific intent crime)
  • Assault as a threat (general intent crime)
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5
Q

Murder

A

-Common law murder- 2nd Degree
-Malice Crime
-Must show 1 of 4 intents
-Intent to Kill or
-Intent to Inflict GBH
-Reckless Indifference to An Unjustifiably high risk to human life; malignant heart
-Intent to commit a Felony (i.e. Felony
Murder)

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6
Q

Manslaughter

A

Voluntary Manslaughter (killing from passion)

Involuntary Manslaughter:
(killing from crim. negligence) or
Misdemeanor Manslaughter (killing someone while perpetrating a misdemeanor or an unenumerated felony i.e. a felony that does not qualify under felony murder)

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7
Q

1st Degree Murder

A
  • No common law 1st degree murder
  • Statutory, no uniform definition
  • Need premeditation and deliberation
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8
Q

Felony Murder

A
  • If D has a defense to underlying felony, he has a defense to felony murder
  • Felony must be something other than killing
  • Deaths must be foreseeable*
  • Deaths caused while felling felony are felony murder BUT 
once D reaches some point of temporary safety, deaths 
caused thereafter are not felony murders.
  • D not liable for deaths of co-felons as a result of resistance 
by victim or police.
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9
Q

Larceny

A
  • Specific intent crime

  • Taking (by trespassers or trick)- wrongful
  • Carrying Away (can be very slight)

  • Tangible personal property of another

  • By Trespass

  • Intent to permanently deprive*
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10
Q

Embezzlement

A

Specific intent crime
Lawfulness of possession followed by Unlawful conversion
Fraud
Conversion
Property of Another
By a Person in Lawful Possession of that property

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11
Q

False Pretenses

A
  • Specific intent crime
  • D persuades owner of property to convey title
  • Obtaining title
  • To property of another
  • By intentional false statement of past or existing fact
  • With intent to defraud
  • Larceny by trick v. False Pretenses: Larceny by trick obtains possession; False Pretenses obtains title.
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12
Q

Robbery

A

Robbery = larceny + assault

(1) Taking; (2) personal property of another; (3) from other’s person or presence; (4) by force or intimidation (of imminent harm, to someone, not necessarily the victim); (5) with the intent to permanently deprive

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13
Q

Extortion

A

= blackmail
Extortion vs. Robbery: extortion is the threat of future harm, and the taking does not need to be from the person or presence; Robbery must be a threat of imminent harm, from person or presence

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14
Q

Burglary

A

Specific Intent Crime

(1) breaking (actual or constructive) (2) entering (any part of D’s body) (3) of the dwelling (= for sleeping purposes) (4) of another (5) at nighttime (6) with the intent of committing a felony therein (intent must exist at the time of the breaking)

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15
Q

Arson

A

Malice Crime

(1) malicious (2) burning (3) of the dwelling (4) of another; Damage = charring, not scorching; If you own it, it’s not common law arson.

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