Criminal Law Flashcards
What is solicitation?
Solicitation consists of inciting, counseling, advising, inducing, urging, or commanding another to commit a felony with the specific intent that the person solicited commit the crime (general approval or agreement is insufficient).
If conspirators are successful in completing the intended crime, they can be convicted of?
Both of the crime of conspiracy and the completed crime
What is the substantial step requirement of attempt?
The act must constitute the substantial step in a course of conduct planned to culminate in the commission of the crime that shows strong corroboration of the actor’s criminal purpose
What is required to commit a battery?
Battery is defined as an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching
What constitutes false imprisonment?
Common-law false imprisonment is defined as the unlawful confinement of a person without his valid consent
What constitutes a kidnapping?
Kidnapping is generally defined as some movement of the victim or concealment of the victim in a secret place
In which situations may deadly force be used?
Self defense, defense of others, and crime prevention
When may deadly force be used in self-defense?
Deadly force may be used in self-defense if the actor is without fault, confronted with unlawful force, and threatened with imminent or great bodily harm
When may deadly force be used in defense of others?
Deadly force may be used in defense of others in situations where a person reasonably believed that the person she assisted had the legal right to use force in his own defense
When may deadly force be used to prevent crime?
Deadly force may be used in crime prevention to prevent the commission of a dangerous felony involving risk to human life
What are the four types of insanity?
The irresistible impulse test, the Durham rule, the model Penal Code, and the M’Naughten test
What is insanity under the model Penal Code?
Under the model Penal Code, a defendant is entitled to acquittal if he lacks substantial capacity to appreciate the criminality or the wrongfulness of his conduct or to conform his conduct to the requirements of the law
What are the requirements of the irresistible impulse test?
Because of mental wellness, the defendant was unable to control his actions or to conform his conduct to the law
What are the requirements of the Durham rule?
The defendant is entitled to acquittal if the proof establishes that his crime was the product of mental disease or defect
What is required under the M’Naughten test?
I disease to cause a defect in the defendants reasoning such that he cannot know the wrongfulness of his actions or understand the nature and quality of his actions
When is a defendant incompetent to stand trial?
The defendant is incompetent to stand trial if, as a result of mental disease or defect, the defendant is unable to understand the nature of the proceedings being brought against him or assist his lawyer in the preparation of his defense
What is the proximate cause approach to felony murder?
In states following the proximate cause approach to felony murder, felons are liable for the deaths of innocent victims caused by someone other than a co-felon. The felon will be guilty of felony murder when he puts into operation a series of events that proximately cause the death of an innocent party.
What is the redline approach to felony murder?
Under the redline approach, felony murder liability does not attach when the person killed is a co-felon
What is the agency approach to the felony murder rule?
Under the agency approach, the person doing the killing must be the defendant or the defendant’s agent. In other words, if someone who does not have a stake in the felony accidentally kills another, the person committing a felony cannot be held liable for felony murder
What is required to commit the crime of bigamy?
Bigamy is a traditional strict liability offense that consists of marrying someone while having another living spouse. At common law, the defendant is guilty of bigamy even if she reasonably believes that a purported divorce is valid or that her spouse is dead.
What constitutes mayhem?
At common law, mayhem was the dismemberment or disablement of a victim’s body part
What constitutes a forgery?
Forgery consists of the making or altering of the false writing with the intent to defraud. The writing need not have monetary value; any legal significance suffices.
