Introduction Flashcards
Major specific intent crimes
Solicitation, attempt, conspiracy, assault, larceny, robbery, burglary, forgery, false pretenses, embezzlement, and first degree premeditated murder
Which crimes require malice?
CL murder and arson
What qualifies as malice?
Reckless disregard of an obvious or high risk that a particular harm would occur
Can you infer specific intent from doing the act?
No
Can you infer general intent from doing the act?
Yes
What do you need in order to satisfy a general intent crime?
Defendant must be aware that she is (1) acting in the proscribed manner and (2) any attendant circumstances required by the crime are present
What are the four states of mind in the model penal code?
(1) Purposely (2) knowingly (3) recklessly (4) negligently
What does “purposely” mean?
Conscious object to engage in act or cause a certain result
“Knowingly”?
As to nature of conduct: aware of the nature of conduct or that certain circumstances exist; as to result: knows that conduct will very likely cause result
“Recklessly”?
Conscious disregard of a substantial and unuustifiable risk that circumstances exist or a prohibited esult will follow, and this disregard is a gross deviation from a RP SOC
“Negligently”?
Failure to be aware of a substantial and unustifiablwe risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a RP SOC
Does accessory after the fact equate to accomplice liability?
No, it’s a separate lesser charge, such as helping to escape
If one withdraws from a crime before it is committed, what must the person do?
(1) If she encouraged crime, must repudiate encouragement
(2) if she provided material, must neutralize the assistance
(3) OR may notify police or otherwise act to prevent crime
What are the elements of solicitation?
(1) Asking someone to commit a crime with (2) the intent that the crime be committed [specific]
Is the refusal or legal incapacity of the one solicited a defense?
Nope
What are the elements of conspiracy? (4)
An agreement; an intent to agree; an intent to achieve the objective of the agreement; and an overt act
Can each conspirator be liable for the crimes of other conspirators?
Yes, if those crimes are (1) foreseeable and (2) in furtherance of the conspiracy
At CL, is withdrawal a defense to conspiracy?
No
Re MPC, is withdrawal a defense to conspiracy?
Yes, if Defendant thwarts conspiracy (e.g. informs police)
Can you be conivcted of both conspiracy and substantive offense?
Yes; NO MERGER
Elements of Attempt?
(1) Specific Intent and (2) Overt Act (substantial step re: committing the crime, mere preparation is NOT enough)
Which of these are valid defenses: (1) Factual impossibility, (2) legal impossibility, and (3) abandonment
- Factual impossibility is no defense. 2. True legal impossibility is ALWAYS a defense, i.e. when the defendant sets out to do a LEGAL act but they believe ti to be illegal. 3. Abandonment generally no defense after the substantial steps have begun. However, MPC regonizes if (10 fully voluntary and (2) complete, i.e. not a postponement
When can intoxication be a defense?
If it negates specific intent
When may a person use deadly force? “NDF”
A person may use NDF in self-defense if she R believes force is about to be used on her; there is no duty to retereat
When may a person use deadly force? “DF”
When she is (1) w/o fault, (2) confronted w/ unlawful force; and (3) she R believes that she is threatened with imminent death or great bodily harm
Is there a duty to retreat before using deadly force?
Majority, no. Minority rule: there is a duty, except when it cannot be done safely or the person is already in their own home.
Can the original aggressor use deadly force in self-defense?
Yes, but only if the agressor tries to withdraw (like run for the door) and communicates that w/drawal; or if there is a sudden escalation of violence by original victim
When is mistake of fact a defense? Specifically, against (1) malice and general intent crimes? (2) specific intent crimes, and (3) SL?
The mistake must negate the state of mind. (1) for malice and general intent, mistake must be R. (2) for specific intent crimes, mistake can be R or UnR. For SL, mistake is NOT a defense.
Re: Felony Murder, do deaths caused while fleeing from a felony qualify as felony murder?
Yes, but deaths that occur after defendant has found a temporary safety point are NOT felony murder
MAJ rule: is the defendant liable for felony murder for the death of a co-felon?
No, felons are not guilty of felony murder for the deaths of co felons that are the result of resistance byt the victim or acts of the police
What are the elements of voluntary manslaughter?
(1) Adequate provocation; (2) which gave rise to a heat of passion; and (3) no adequate cooling-off period
What are the two types of involuntary manslaughter?
(1) killing resulting from criminal negligence; or (2) misdemeanor manslaughter
If a self-defense claim fails, what type of manslaughter is it assumed to be?
Voluntary
Elements of battery:
- unlawful application of force to another
2. resulting in harmful or offensive touching
Elements of assault
- intent to commit battery OR
2. intentioanl creation (other than mere words) of a R apprehension in the mind of the victim of imminent bodily harm
Elements of false imprisonment
- unlawful
- confinment of a person
- w/o his valid consent
Elements of kidnapping
- some movement or concealment of a victim in a “secret” place
* **some courts hold that ‘kidnapping’ is committed when the vic is moved during a crime to a loction that places her in more danger
Elements of larceny
- taking 2. and carrying away 3. of tangible personal property 4. of another with possession 5. by trespass 6. with intent to permanently deprive that person of her interest in the property
Elements of false pretenses
- obtaining title (if title is NOT obtained, it’s LARCENY BY TRICK)
- to personal property of another
- by an intentional false statement of a past or existing fact
- with intent to defraud the other
Elements of burglary
(1) a breaking
2. and entry
3. of a dwelling
4. of another
5. at nightitme
6. with the intent to commit a felony in the structure
elements of arson
- the malicious
- burining
- of the dwelling
- of another
