crim
Terms
undefined, object
copy deck
- solicitation and attempt and merger
- merge into the substantive offense
- conspiracy and merger
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does not merge into substantive offense
(can be convicted of conspiring to do something and actually doing it) - omission and legal duty to act arises when-
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1) by statute
2) by contract
3) by relationship between parties
4) by voluntarily assuming duty of care twoards someone else then failing adequately to perform it
5) where your conduct created the peril - kinds of mental states
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1) specific intent
2) malice
3) general intent
4) strict liability - specific intent crimes
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1) inchoate crimes (solicitation, conspiracy, attempt)
2) first degree murdere
3) assault
4) common law felonies against property (larceny, embezzlement, false pretenses, robbery, burglary, forgery) - malice crimes
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1) murder (common law murder)
2) arson - general intent crime
- big catchall category
- strict liability crimes
- adminstrative, regulatory, morality crimes without adverbs in the statute
- any defense that negates intention
- is no defense to Sl crimes
- 4) Model Penal Code:
- Defendant lacked ability to conform his conduct to the requirements of law
- 3) Durham Rule:
- Defendant’s conduct was a product of a mental illness
- 2) Irresistible Impulse:
- Defendant lacked the capacity for self control and free choice
- 1) M’Naghten Rule:
- At the time of his conduct defendant lacked the ability to know the wrongfulness of his actions OR to understand the nature and quality of his action
- mistake of fact and specific intent
- any mistake, reasonable or unreasonable
- mistake of fact and malice/general intent
- reasonable mistake only
- mistake of fact and strict liability
- never a defense
- battery
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completed assault
general intent - assault
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1) attempted battery, specific intent (like all attempts crimes)
2) assault as threat, general intent - involuntary manslaughter
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1) criminal negligence
2) misdemeanor-manslaughter - volitional
- no reflec movements or those of an unconscious person
- homicide with no intent to kill
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1) felony-murder
2) second degree murder (intent to seriously injur, wanton and willful misconduct)
3) involuntary manslaughter (criminal negligence, misdemeanor-manslaughter) - imperfect self-defense
- a resulting homicide is justified if d's mistaken belief that self-defense was necessary was not in good faith or objectionably reasonable
- a d can argue that intentional killing was without malice-
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1) adequate provocation/heat of passion
2) imperfect defenses (honest but unreasonable mistakes - malice
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1) intent to kill
2) intent to do serious bodily injury
3) wanton and willful misconduct
4) commission or attempted commission of a felony - custody, then try to keep
- larceny
- possession, then try to keep
- embezzlement
- when third party delivers property to EE for use of ER, EE gains POSSESSION unless
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1) transaction is to be completed in the third party's presence, or
2) EE places property in a receptacle designated by the ER