Essential Elements of a Crime AND Accomplice Liability Flashcards
An act must be ____.
Voluntary
Will a reflexive or convulsive motion count as an act?
No
WIll a conduct performed while you are unconscious or asleep count as an act?
No.
Liability of you voluntarily assume a duty of care and then fail to adequately perform?
Yes
There is a duty to act where you conduct . . .
Created peril for another
Why is “specific intent” important?
D will qualify for additional defenses
Specific intent crimes mnemonic?
Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts
Specific intent crimes?
Solicitation Conspiracy Attempt First Degree Murder Assault Larceny Embezzlement False Pretenses Robbery Burglary Forgery
Two malice crimes?
Murder and arson
Malice = _____ ______
Reckless indifference
All crimes not included in specific intent or malice categories are _____ intent UNLESS they qualify for ____ _____.
General
Strict Liability
Two most common general intent crimes?
Rape
Battery
I want to kill A, but shoot and miss, killing B. Am I guilty of murder? Why?
Yes, doctrine of transferred intent.
I want to kill A, but shoot and miss, killing B. Can I be charged with two crimes? Explain.
Yes. There are always two crimes in every transferred intent hypo: the executed crime on the victim and the attempt on the lucky guy. Attempt will not merge when there are two victims.
Strict liability are the no ____ crimes.
Intent
If the crime is in the admin., reg., or morality area AND you don’t see any adverbs such a knowingly, willfully, or intentionally, then the statute is meant to be a . . . .
No intent crime of SL.
One acts purposefully when it is his ____ _____ to engage in certain conduct or cause a certain result
Conscious objective
One acts knowingly when he is ______ that his conduct is very likely to cause the result
Knowingly
Once acts recklessly when he _____ _____ a substantial and unjustifiable risk.
Consciously disregards
One acts negligently when he fails to be aware of a ____ and ___ risk.
Substantial
Unjustifiable
An accomplice is someone who ACTIVELY ____, _____, or _____ the principal in commission of the crime.
Aides
Advises
Encourages
Accomplices must possess what?
Requisite intent that the crime be committed.
Accomplices are liable for what two things?
The crime itself
All other foreseeable crimes.
In order to severe accomplice liability, the accomplice must do what?
Repudiate the encouragement
