Crim1

Question 1

ELEMENTS of a CRIME:
[Note: AR is all that's needed for SL
\+Forbidding an Agent to do the act:
is NO DFN.
CA: ATTEMPT for a SL crime requires SI(!) to commit the offense.

Answer 1

1) AR
2) MR (SI, GI, Malice)
3) CONCURRENCE of MR & AR
4) CAUSATION
[Note: if D wounds V., who dies from an indep. cause => no Murder.
CA: N. med. treatment /”eggshell”: w/in SCOPE of risk when causing GBH]

Question 2

Accomplice Liability & Inchoate crimes (=incomplete) LIST:

Answer 2

[ SAC ]

1) Solicitation
2) Attempt
3) Conspiracy

Question 3

Crimes against the person:

Answer 3

Battery
Assault
Statutory /rape
Homicide 
Kidnapping
[BASHK]

Question 4

Types of Homicide:

Answer 4

CL Murder
1st Degree + 5 FMR DFNs
/ 2nd Degree
/ (IN)vol Manslaughter

Question 5

DFN to Homicide:

Answer 5

1) Insanity

2) Self-DFN

Question 6

Defenses

to CRIMES

Answer 6

[ I’M DISI ]

1) Insanity
2) Mistake of Fact
3) Duress
4) Infancy
5) Self-DFN
6) (in/vol.) Intoxication

Question 6

MR

Answer 6

At the TIME of the AR, D must have had the REQUISITE MENTAL STATE

[SI, GI, Malice, or SL]

Question 7

AR

Answer 7

D is liable only for
VOLUNTARY conduct & OMISSIONS.

[ CA: s.o. pushes you /seizure /unconscious /sleepwalk /reflexive ]

Question 8

Omissions GR

Answer 8

No LEGAL DUTY to act /rescue UNLESS [CRAKS] [+aware +able]

1) D’s conduct CREATED the PERIL
2) SPECIAL Relationship
3) D vol. ASSUMED the DoC but failed to adeq. perf.
4) per K [nurse, lifeguard]
5) by STATUTE[file taxes]

Question 9

GI crimes list

Answer 9

all other crimes the are NOT SI or Malice crimes:

[RABID] = Rape, Arson, Battery, Invol. MS, DHM. + FI /Kidnapping

Question 10

GI crimes list

Answer 10

all other crimes that are NOT SI or Malice crimes:

[RABID] = Rape, Arson, Battery, Invol. MS, DHM. + FI /Kidnapping

Question 11

Malice crimes:

Answer 11

1) Murder
(2nd degree / CL)
2) CL Arson

Question 12

AC

Answer 12

But for D’s act/omission …

Question 13

Merger GR:

Answer 13

NO merger of crime:

CA: Solicitation & Attempt
CCA: Different Victims (e.g. TI crimes of Attempted Murder & Murder)

Question 14

Merger GR:

Answer 14

NO merger of crimes:

CA: Solicitation & Attempt

Question 15

SI for various crimes:

Answer 15

1) Inchoate offenses: Commit the TARGET offense
2) 1st DGM & Vol. MS: KILL
3) ASSAULT (need SI 4 “attempted battery”): Commit BATTERY
4) THEFT crimes:
a) Larceny /Robber: Perman. deprive other of Pr
b) Burglary: Commit felony/Larceny w.in dwelling
c) Embezzlement /False pretenses /Forgery: Defraud V.

Question 16

which crimes qualify for the DFN of

1) VOLUNTARY intox
2) UNreason. MISTAKE of fact?

Answer 16

only SI crimes.
I.e., Only a REAS. MISTAKE is a DFN to a GI crime. BUT: a Mistake of LAW is NOT!
CA: Mistake of LAW =DFN to a SI crime b/c prevents the SI from being formed.