Final Crim Flashcards S1
Nations
Knowledge
Lady hires teenage stripper. Wins cut she didn’t actually know, was just a high probability.
“Concious disregard for human life”
Knoller
Recklessly
Reasonable in regard to the risk
(READ YOUR MIDTERM AGAIN)
Bought dangerous animal from nazis, ate a sheep, bit a person.
Substantial and unjustifiable
Decina
Guy with seizures chooses to drive.
Knoller
Lady buys a dog that vet says is dangerous.
Nations
Lady hires a teenage stripper
“What is the upside”
Proximate cause
Bailey
Guy gets into argument over if Patton was gay, and does it matter?
-does an epic prank toward the guy he is arguing with the cops. Tells the guy to pull his gun up, he’s coming.
Cops shoot a guy. Bailey loses. Is proximate cause cut its foreseeable.
Schaffer
Need proximate cause to find someone guilty. Proximate cause is a factual cause which ghe law will take cognizant.
Duty
Shell
1. Statute
2. Status relationship
3. Assumed contractual duty
4. Voluntary aid + secluded them in a way to prevent others from aiding.
Voss: increased or created a risk of harm creates duty.
Gargus: when victim is wholly dependant on voluntary aid for basic necessities, no seclusion is required.
Renunciation
Mcloskey
Guy plans and gets Hella close to getting out of prison. Is ruled as mere preparation. Concurring opinion states is best used when cases are close between “mere preperation” and “substantial step”
No concious volition neccesary to be an accomplice
Mcvay
Captain has a DUTY to know boiler is safe.
1. Captain hires engineer, supervises his work on the boiler
2. Boiler explodes and kills hella passengers
3. Captain loses.
Hoselton
Shared, but not identical intent is required for accomplice liability. We’re you a look out?
“You could say that, I just didn’t want to go down there.” is not enough to establish that he knew about his friends larceny from the boat.
Callous disregard for human life
Independent intervening acts
Bailey
His plan to argue with and get the blind guy to have an encounter with the cops shows a Callous disregard for human life
Independent intervening acts cant break chain of causation if the are foreseeable
Mens rea of each individual + actus rea of the principal = the crime.
Greater mens rea of each individual + actus rea of the principal.
Imminent
Norman 89’
Woman is gruesomely abused to hell for years. Kills her abuser in his sleep
Imminent =/= inevitable. It also =/= immediate and carries with it the idea that the act in question was a true final resort. Avoiding speculation about probability of future felonious assaults.
Immediate
Contento-Pachon
Guy and his family is threatened by the cartel to smuggle drugs across the border. Says he’s always watched while doing it.
Not “imminent”. More like the sequence of events that culminate in the ultimate threat.” is imminent.Something more like inevitable.
Aggressor (READ CASE AGAIN)
Peterson
Mere words do not make one an aggressor, though the fact that the confrontation did not take a dessly turn “until Peterson grabbed his weapon” meant he was the aggressor.
Reasonable
Goetz
The word reasonable is meant to add objective considerations to an element including…
Physical movements
Knowledge about a person
Physical attributes
Prior experiences that could show a reasonable basis for beliefs.
Encouragement, requested, commanded
V.T Presence + Friendship + prior knowledge is not enough to make accomplice
Pinkerton
Conspiracy formed at one point can make one liable for the acts of another in furtherance of the conspiracy.
Costa
Accomplice liability is not synoymous with conspiracy. They might be too drunk to conspire, while still aiding. Furthermore, it may be too spontaneous to count as full conspiracy.
Toward the commission
Thousand
Pure legal impossibility = a mistake about the law itself. “It is generally undisputed” that pure legal impossibility will bar conviction.
Other legal impossibility is dumb.
Pinkerton
Pinkerton loses!
Holds someone can be guilty of conspiracy even if they did not do or weren’t aware of any overt acts in furtherance of the conspiracy.
Must be foreseeable
Azim
Azim loses!
- Holds there are four factors to prove conspiracy
- Association with conspirators
- knowledge of the commission of the crime
- presence at the scene
- at times, participation
Agreement
Moran
Conspiracy already formed + association with the conspirators + furthers conspiracy +knowedge of the consiracy = Conspiracy can be found.
Pinkerton liability defense
Extreme Emotional Disturbance
Ott
Emotional disturbance when one loses the capacity to control themselves.
Would am ordinary person in that situation and those circumstances experience ED. Factors: Sex, Sexual preference, pregnancy, physical disability.
Presumption that one intends
Natural and probable consequences of their actions. Very unclear in statute weather Conely applies.
Premeditation and Deliberation
Same as “Conscious Objective” in our statute.
Midgett
Midgett intended merely to abuse his kid, not kill his kid when he delivered the blow to his chest.
V.T
Presence, prior knowledge, and friendship do not make one an accomplice
