Crime Definitions Flashcards
Solicitation
Asking someone to commit a crime. Solicitation is complete when the question is asked.
If the person agrees, crime merge into CONSPIRACY
Conspiracy
An agreement, with an intent to agree, and an intent to pursue an unlawful objective.
DOES NOT merge with substantive offense…charge defendant with both the conspiracy and the offense.
Majority requires overt act, but even mere preparation is sufficient.
Common law conspiracy alone is enough
Can NEVER withdraw from a conspiracy, only the subsequent crimes.
Co-Conspirators
Each conspirator is liable for ALL crimes of the co-conspirators if those crimes were committed in FURTHERANCE of the conspiracy and were FORESEEABLE.
Attempt
(1) Specific Intent for the crime
(2) Overt Act (substantial step, not mere preperation)
Common law no abandonment
MPC abandonment by voluntary complete renunciation of criminal purpose
Accomplice Liability
(1) One who renders AID (digs with shovel), ADVICE (whispers in ear), or ENCOURAGEMENT (Yay!) with
(2) the requisite intent the crime be committed
Insanity Defenses
McNaghten Rule: AT THE TIME OF CONDUCT, defendant lack the ability to know the wrongfulness of his action or understand the nature and quality of his actions.
Irresistible Impulse: Defendant lacked the capacity for self control and free choice.
Durham Rule: Defendant’s conduct was a product of mental illness.
MPC: Defendant lacked the ability to conform his conduct to the requirements of the law.
Voluntary Intoxication Defense
Only a defense to SPECIFIC INTENT crimes.
Involuntary Intoxication Defense
=insanity defense.
Entrapment Defense
(1) criminal design originates with law enforcement
(2) defendant not PRE DISPOSED to commit crime
Necessity defense
Otherwise criminal conduct that is justifiable when, as a result of pressure form natural forces defendant REASONABLY believed that his conduct was necessary to prevent a great societal harm.
Duress Defense
(1) Acting under threat of IMMINENT infliction of DEATH or great bodily harm
(2) Belief is reasonable
Threat may be to a third person (hostage)
Defense to all crimes EXCEPT HOMICIDE
Mistake of Fact
Specific Intent = ANY mistake
General Intent = Reasonable mistakes
Specific Intent = Never
With mistake of fact, defendant NEVER had the intent to commit a crime. Factual impossibility intends to commit the crime, but can’t. Factual impossibility not a defense.
Battery
Unlawful application of force to the person resulting in either bodily injury or offensive touching.
General Intent Crime
Need not be intentional (negligent behavior sufficient)
Force need not be applied directly (poison)
Assault
Attempt to commit battery or the intentional creation of reasonable apprehension of IMMINENT BODILY HARM.
Mere words are not enough
Aggravated Assault
Assault plus any one of:
(1) Use of a deadly or dangerous weapon
(2) Intent to (A) rape, (B) maim, or (C) murder
Murder
The unlawful killing of another human being with malice aforethought. Malice is implied where:
(A) Intention was to kill (1st degree)
(B) Intention was to commit a felony (1st degree/felony murder)
(C) Intention was to inflict serious bodily harm (2nd degree)
(D) Reckless indifference to an unjustifiably high risk to human life (2nd degree)
1st Degree Murder
SPECIFIC INTENT CRIME
-unreasonable mistake OK
(1) AKA Premeditated Murder where defendant acted with intent or knowledge that has conduct would cause death
(2) Killing committed in the course of a felony (not applicable to co-felons, and ends once the felons reach a place of temporary safety)
(3) Homicide of a Police Officer
2nd Degree Murder (Common Law Murder)
(1) AKA Depraved heart killing, a killing as a result of reckless indifference to an unjustifiably high risk to human life
(2) All murders not 1st degree murder, or a lower classified killing
Voluntary Manslaughter
Voluntary Killing under these circumstances:
(1) heat of passion killing with adequate provocation
(2) provocation sufficient to arouse sudden and intense passion in an ordinary person
(3) no time between provocation and killing for the passions of a normal person to cool
(4) defendant in fact did not cool between provocation and killing.
Also an imperfect self defense:
Honest but UNREASONABLE belief that life was in imminent danger self defense killing will reduce from murder to manslaughter
Involuntary Manslaughter
(1) Killing of criminal negligence (driving)
2) Misdemeanor manslaughter (killing while committing a misdemeanor or an unenumerated felony
False Imprisonment
Unlawful Confinement of a person without his valid consent.
If a known ALTERNATE ROUTE is available, confinement will not be met.
Kidnapping
Confinement of a person with some movement or concealment in a secret place
Rape
Slightest penetration completes the crime of rape
Statutory Rape
Strict liability
Mistake of fact NO DEFENSE
Consent NO DEFENSE
Larceny
Specific Intent
Taking and carrying away of property of another by trespass with intent to permanently deprive
Remember continuing trespass can overcome lack of intent
Embezzlement
Fraudulent conversion of property of another
Lawful possession followed by illegal conversion
No carrying away element, only possession required
Embezzler doesn’t have to get a benefit
False Pretenses
Defendant persuades the owner of property to CONVEY TITLE BY FALSE PRETENSE (false representation).
False pretense DOES NOT INCLUDE FUTURE PROMISES
Distinguish “Larceny by Trick” where POSSESSION is obtained by false representation
Larceny by Trick
Defendant persuades possessor of property to convey possession by false representation.
Robbery
The taking of personal property of another from the other person’s presence by force or threat of imminent harm with the intent to permanently deprive him of it.
Extortion
Blackmail
Knowingly seeking to obtain property or services by means of a future threat.
(Don’t have to succeed in obtaining the property)
Forgery
The making or altering of a false writing with intent to defraud
Any writing with “apparent legal significance”
Burglary
Breaking and entering of a dwelling of another at night with the intent to commit a felony therein.
Breaking:
Walking through a wide open door or window NOT breaking at common law. Opening an interior door after that IS breaking.
Also constructive breaking by fraud or threat, like using a key to enter without authorization.
Entering:
When any part of the body crosses into the house
Dwelling house of another (not a barn or commercial building, unless residence is part of the building)
At night (common law only)
Intent to commit felony therein. No burglary if no intent at the time of the breaking and entering.
Arson
General Intent/Reckless Indifference
The malicious burning of the swelling another.
Scorching not enough, charring is.
At common law, no arson on your own property
