random crim Flashcards
how can an accomplice withdraw
repudiated aid and counteracted prior aid before events unstoppable
how can a conspirator withdraw
withdrawal if before overt act by giving notice to co-conspirators or timely notice to police; if after, by D helping to thwart the success of a conspiracy can avoid liability for crime not conspiracy
definition of attempt
specific intent to commit a crime + a substantial step beyond mere preparation
definition of conspiracy
agreement + intent to achieve unlawful purpose + overt act in furtherance
m’naughten
did not know either the nature and quality or the wrongfulness of the act
irresistible impulse
lacks capacity for self-control to conform her conduct to the law
Durham
would not have committed crime “but for” mental disease/defect; less favored
MPC
lacked substantial capacity to appreciate the wrongfulness or to conform conduct (mcnaughten + irresistible impulse)
2 types of assault
1) Attempted battery (SI)
2) Intentionally placing one in apprehension of imminent bodily harm (GI)
duress
a third party’s unlawful threat that causes D to reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and that causes D to do so.
general intent
intent to perform the unlawful act
accomplice
one who 1) intentionally aids or encourages another before or during a crime 2) with the intent that the crime be completed. Both parties equally liable
solicitation
to invite/urge another to commit a crime with the intent the party do so
murder
Murder is the unlawful killing of another living human being with malice (common law)
first-degree murder
murder that is deliberate and premeditated or FMR
felony murder rule
Felony murder is the unintended but foreseeable death caused by and occurring during the course of a dangerous or enumerated felony.
4 types of malice for CL murder
Malice is intent to kill // intent to do serious bodily harm // reckless indifference to human life (depraved heart) // or intent to commit an enumerated felony (BARRK)
voluntary manslaughter
murder committed with malice aforethought, but also with mitigating circumstances
involuntary manslaughter
unintentional killing caused by criminal negligence (recklessness under the MPC) or during unlawful act (misdemeanor or felony that’s not treated as a first-degree felony or second-degree murder)
battery
unlawful application of force to another that causes harmful or offensive touching
false imprisonment
unlawful confinement of another without consent by force or threat
kidnapping
intentional and unlawful confinement of another against that person’s will coupled with hiding or moving the person
2 requirements for self defense
1) victim must actually and reasonably believe that force was necessary to protect herself and 2) used no more force than reasonably necessary to protect herself
duress
a third party’s unlawful threat that causes D to reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and that causes D to do so