Fundamentals Flashcards

1
Q

Burden of Proof

A

For defendant to be convicted of a crime, Each element must be proved beyond a reas. doubt

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2
Q

Elements for a Crime

A
  1. Actus Reus
  2. Mens Rea
  3. Concurrence
  4. Causation
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3
Q

Actus Reus

A
  • Voluntary Act
  • Failure to Act when there’s a legal duty to act
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4
Q

Failure to Act when there’s a legal duty to act

A
  • Imposed by Statute
  • Contract
  • Special Relationship
  • Voluntary Undertakings to Rescue
  • Creation of the Risk of Peril
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5
Q

Mens Rea

A

Guilty Mind (None for Strict Liability)

  • SI
  • GI
  • Malice
  • Model Penal Code
    • Purposely
    • knowingly/willfully
    • Recklessly
    • Negligently
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6
Q

Specific Intent Crimes

A

Specific Intent (FIAT)

  • 1st degree murder
  • Inchoate Offenses
  • Assault w/ intent to commit battery
  • Theft Offenses
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7
Q

General Intent

A
  • Intent to perform unlawful act
    • Knowingly, recklessly, negligently
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8
Q

General Intent Crimes

A

General Intent

  • Battery,
  • Rape,
  • Kidnapping,
  • False Imprisonment
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9
Q

Transferred Intent Crimes

A
  • Homicide,
  • battery,
  • arson
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10
Q

Malice Mens Rea

A

Reckless Disregard of high Risk of Harm

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11
Q

Malice Crimes

A
  • Common Law Murder,
  • Arson
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12
Q

Malice - Intent

A

Inferred from accomplished act

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13
Q

Model Penal Code - Purposely

A

Conscious Objective to engage in conduct or cause a certain result

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14
Q

Model Penal Code - Knowingly/Willfuly

A

Aware/knows result is practically certain to occur based on his conduct

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15
Q

Model Penal Code - Recklessly

A

Acts w/ conscious disregard of substantial and unjustifiable risk

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16
Q

Model Penal Code - Negligently

A

should be aware of subst. & unjust. risk that material elem. of crime exists or will result from his conduct (gross deviation from std. of care)

17
Q

Principal

A

pers. whose acts/omissions are actus reus of the crime
* actively or constructively present at scene of crime

18
Q

Principal in the Second Degree

A
  1. Person who aids or abets principal in 1st degree
  2. Physically or constructively present
  3. during commission of the crime
19
Q

Accomplice Liability

A

Aids/Abets principal in facilitating the crime w/ intent the crime be committed

20
Q

Accessory before the fact

A
  1. Has requisite intent
  2. Aided in the preparation for the offense
  3. Not phys. or constructively present during commission
  4. Liable for crime he purposefully facilitated and
  5. All other crimes committed by principal that are reasonably foreseeable
21
Q

Accomplice Liability Defenses

A

Withdraw

  1. Repudiate prior aid
  2. Do all that is possible to countermand prior assistance, and
  3. Do so before chain of events set in motion and unstoppable
22
Q

Accessory After the Fact

A
  1. Completed Felony
  2. Accessory Knows Felony was committed and
  3. Personally gave aid to felon to avoid apprehension or conviction
  4. liable for separate crime (obstruction or harboring)
23
Q
A