General Principles Flashcards

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1
Q

Specific Intent Crimes

A

D must have subjective desire, specific objective, or knowledge to accomplish prohibited result

FIAT:
1) First-degree murder
2) Inchoate offenses
3) Assault with intent to commit battery
4) Theft offenses

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2
Q

Malice Crimes

A

Reckless disregard for a high risk of harm; intent can be inferred from accomplishment of the act

Murder
Arson

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3
Q

General Intent Crimes

A

Requires intent to perform an unlawful act

Bad Kids Run Free:

Battery
Kidnapping
Rape
False Imprisonment

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4
Q

Strict Liability Crimes

A

No mens rea required

Statutory rape
Bigamy
Regulation of food/drugs

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5
Q

Principal

A

Person whose acts or omissions are the actus reus of the crime – must be present

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6
Q

Accessory Before the Fact

A

Accomplice who is neither physically nor constructively present at crime but who possesses intent

To withdraw: repudiate aid, countermand assistance before crime is in motion

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7
Q

Accessory After the Fact

A

Aids or assists a felon to avoid apprehension or conviction after commission of felony

Must know a felony was committed

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8
Q

Insanity - M’Naghten

A

D did not know either 1) the nature and quality of the act, or 2) the wrongfulness of the act, because of a defect of reason due to mental disease

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9
Q

Intoxication

A

Voluntary - defense to SI crimes if intent required not formed

Involuntary - defense when intoxication negates general intent

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