Criminal Law Flashcards
Elements of a Crime
Act
Intent
Causation
Concurrence
Accomplice Liability
guilty if he ASSISTS or ENCOURAGES principal with DUAL INTENTS
(1) intent to assist the primary party, AND
(2) the intent that the primary party commit the offense charged
and liable for crime through accomplice theory
First Degree Murder
Intent to kill with PREMEDIATION and DELIBERATION
PREMEDITATION and DELIBERATION require
proof of a cool mind capable of reflection and some period of reflection
some states say it can refer in an instand and inferred by circumstantial evidence (using a deadly weapon)
Second-Degree Murder
Intent to inflict GREAT BODILY HARM or by acting with RECKLESS DISREGARD OF AN EXTREME RISK TO HUMAN LIFE (depaved heart murder)
Felony Murder
killing occurs in COMISSION of a felony, an ATTEMPT to commit a felony, or a FLIGHT from a felony
Voluntary Mansalughter
intentional killing without malice aforethought commited in HEAT OF PASSION with ADEQUATE PROVOCATION
Involuntary Manslaughter
defendant causes the death of anotehr human being by engaging in conduct that creates an UNREASONABLY RISK OF DEATH or SERIOUS BODILY INJURY
Majority say reckless = enough
Some states say gross negligence = enough
Attempt
MR: “intent to commit the crime”; AND
defendant’s acts were sufficently BEYOND MERE PREPARATION to commit the crime
CL “dangerously close”
MPC “substantial step”
Is abandonment a defense to attempt?
NO (in most states NO)
Duress
defendant performs crime because there was a THREAT or USE OF FORCE BY ANOTHER which caused REASONABLY FEAR THAT, if the defendant did NOT perform the crime, someone would suffer IMMINENT death or injury
NEVER FOR INTENTIONAL HOMICIDES
Insanity
M’Naughten Test
1. DISEASE OF THE MIND that cause a
2. DEFECT OF REASON and as a result he
3. LACKED THE ABILITY to know the wrongfulness of the actions or undertsnad the nature and quality of his actions
