General Principles Flashcards

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1
Q

felony

A

cr punishable by death or imprisonment for 1y +

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2
Q

misdemeanor

A

cr punishable by imprisonment for less than 1y or by a fine only

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3
Q

void-for-vagueness doctrine can make stats void when/ under

A

when they’re not specific enough that a reasonable person of normal intelligence would have “fair notice” of what conduct is prohibited.
DPC of 5A & 14A

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4
Q

elements of all crimes

A

actus reus (vol/ guilty act)
mens rea (guilty mind)
concurrence in time
causation (CIF + proximate)

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5
Q

a person acts knowingly when

A

he knows the nature and/or result of his conduct

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6
Q

a person acts intentionally when

A

he desires that his acts cause certain conseq or knows that his acts are substantially certain to produce those consequences

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7
Q

habitual act vs reflexive act- when do they satisfy the actus reus el

A

habitual acts= satisfy AR/ can be prosecuted

reflexive acts= do not satisfy/ cannot be prosecuted

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8
Q

a person acts purposely when

A

there exists a conscious objective to engage in such conduct or to cause such a result

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9
Q

a person acts recklessly when

A

he consciously disregards a substantial and unjustifable risk that the material el exists or will result from his conduct

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10
Q

specific intent crimes require that D

A
  • wants/ hopes/ wishes that his conduct will bring about a particular result, regardless of how likely the result is to happen
  • expects that his purposeful act will have the particular result, even if he doesn’t particularly want it
  • 1d murder, theft crimes, burglary, inchoate crimes
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11
Q

general intent crimes require that D

A

commission of an unlawful act without a specific mens rea

rape, batterly, kidnapping, false imprisonment, invol manslaughter, depraved heart murder

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12
Q

malice crimes require that D

A

act intentionally or with reckless disregard of an obvious or known risk that a particular harmful result will occur
-murder and arson

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13
Q

strict liability crimes require that

A

D doin the act that is required by the stat. no mens rea req

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14
Q

to find proximate cause,

A

resulting harm must be within the risk created by D’s conduct in crimes involving recklessness,

or sufficiently similar to that intended in crimes requiring intent,

so as not to hold D liable for extraordinary results.

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