Crim law/pro Flashcards

1
Q

Elements of assault:

A

(1) intent to commit battery; or (2) intent to create a reasonable apprehension of imminent bodily harm

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2
Q

Who is an accomplice?

A

(1) aids, encourages, and abets principal to commit the crime; (2) intend to assist in the commission of the crime; and (3) intends that the crime be committed

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3
Q

Under modern accomplice liability theory:

A

an accomplice may be found guilty even if the principal is not convicted or charged

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4
Q

Proof of malice may be inferred:

A

D’s gross recklessness with regard to human life

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5
Q

When does a defendant act willfully?

A

when the defendant acts knowingly (i.e. defendant acts knowing victims life was substantially certain to be taken even if he didn’t intend that result)

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