Purple Add-ons Flashcards
What rule should you always apply?
Always apply the majority rule, unless it tells you specifically which rule to use
What is malicious mischief?
The willful or wanton destruction of the property of another
Mental culpability provisions written in statutes apply to what?
All material elements unless otherwise stated
A state of mind spelled out at the beginning of the statute travels to what?
All material elements unless specifically stated otherwise
If you rely in good faith on a subordinate that hasn’t demonstrated unreliability, is that reckless disregard of the truth?
No
What is the MPC definition of a volitional act?
Voluntary movement that is not the product of the effort or determination of the actor, either conscious or habitual
Is a habit still a conscious choice?
Yes, it is just unconsciously repeated
Is your action volitional if you take a shotgun on your porch thinking an intruder is in your yard, accidentally slip on a toy left on the porch, and when your gun goes off shoot your neighbor?
Yes, because you knowingly and voluntarily took your gun and walked onto the dark patio. Just because your acts of falling and inadvertently firing the gun were accidental, doesn’t mean they weren’t volitional
What is the good Samaritan rule?
By undertaking to aid to someone, even though you had no obligation to do it, you have a duty not to leave them in greater peril
What is an example of the good Samaritan rule?
If you try to help someone out of a bullpen, get frustrated and leave them by closing the gate that was open before, you’ve given less chance of escape
All attempt crimes are what kind of intent?
Specific intent
How does vicarious liability apply to solicitation?
If you solicit someone to commit a crime, you’re vicariously liable for anything they do in furtherance of the crime
What are the overt act requirements for conspiracy?
- CL: you just need an agreement
- Modernly: must have an overt act (this is the majority position)
What do many jurisdictions say about the overt act for conspiracy?
That the overt act was the entering into the agreement
Under the MPC if you withdraw from a conspiracy, is that a defense to the conspiracy?
Yes, if you did an overt act to withdraw from it like thwarting commission, telling the police, informing the victim, etc.
Must a conspirator agree to participate in every aspect of a criminal scheme in order to be a conspirator?
No, it is enough if he agrees to further the unlawful purpose in some way
What will generally be on an exam when it comes to overt act for conspiracy?
Usually follows the common-law, so no overt act is required, unless the question specifically says otherwise
What are the two zones that you should think of attempt as?
- zone of preparation to commit a crime
- zone of perpetration to commit a crime
Is there attempt liability if someone is in the zone of preparation to commit a crime?
No
Is there attempt liability if someone is in the zone of perpetration to commit a crime?
Yes
What does it mean for there not to be liability for one party because of the definition of a crime?
The statute involves two necessary parties, but only one of them is identified, and one is left unnamed and unpunished, showing the legislation didn’t intend to punish that second necessary party
How can involuntary manslaughter come from improper use of reasonable care while performing a legal act?
If you excitedly give an old friend a big hug and they fall over, hit their head, and die, you’re probably guilty of involuntary manslaughter because you didn’t use reasonable care in trying to hug your friend
What must you always mention when you talk about degrees on an exam?
That degrees of murder are not common law crimes
If you ask someone to stop touching you in a way you feel is offensive, what have you shown?
That you feel it is offensive, so if they continue to do so, they have committed a battery
If someone keeps playing with your hair after you asked them to stop, what crime have they committed?
Battery
If a fact pattern doesn’t specifically mention modern mayhem, what should you assume?
Common law Mayhem
What is modern law larceny?
Grand theft and petty theft
Grand theft:
The intentional taking of the property of others in an amount exceeding the state statutory limit
What is usually the state statutory limit for grand theft?
$400
What is petty theft?
The fraudulent misappropriation of property worth less than $400
Grand theft and petty theft fall under what law?
Modern law larceny
What is the definition of attempt?
Defendant must have specific intent to commit the crime, and take a substantial step toward commission of the crime
If you fail to get medical attention for someone that you are in charge of when they are ill, is that enough to find malice necessary for a murder conviction?
Yes, this is criminal negligence, and creates an involuntary manslaughter charge
