Glossary of more crim law
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- asking/encouraging another to commit a crime; crime is complete the moment words are uttered; merges into one crime; NOTE: imposibility- NO defense!
- Conspiracy - 3 Elements
- punishes agreement to commit crimes.
1) Agreement - at least 2 people w/capacity to agree (if no capacity = solicitation)
2)Scope of liability - responsible for conspiracy and all foreseeable crimes in furtherance
3) Overt Act (some act)
- Conspiracy - Impact of Withdrawal
- you're still guilty of crime of conspiracy but your withdrawal removes liability for future crimes.
- "Chain" Conspiracy
- one subject area and each person knows there must be others to make it work; though you don't know others, you're criminally responsible for acts of others in chain bc all links in the chain.
- Conspiracy & Defense of Impossibility
- NO DEFENSE - planning is key!
- Specific Intent - merges into completed offense
Subst'l Step required
*Abandonment - NO defense
- Attemt & Defense of Impossibility
- Factual: merely unsuccessful action - NO defense (so long as D thought it was a crime)
Legal: *intended act not a crime - DEFENSE
- M'Naughton Rule for Insanity
- mental illness caused defect of reason, such that D did not know his act = illegal/wrong
- Irresistible Impulse Test for Insanity
- Focus on control - mental illness caused urge to commit crime and urge could not be resisted
- Durham Product Rule for Insanity
- causal link btw crime and illness - no crime if it was a product of mental illness
- MPC Insanity Rule
- modern version of M'Naugton and Irresistable Impulse: mental illness caused subst'l impairment either the ability to appreciate the act or conform the conduct to the law.
- Involuntary Intoxication
- Defense to all crimes; D lacked capacity
- Voluntary Intoxication
- ONLY a defense for specific intent crimes
NOTE: states cana say no evid allowed of volun intox regardless of type of crime - NO violation of DP bc of public policy reasons
- Mistake of Fact for:
-Specific Intent Crimes
- Specific Intent Crimes: mistake doesn't have to be reasonable, JSUT genuine
Other Crimes: mistake must be genuine and reasonable!
- Mistake of Law
-Failure of Proof
- True Defense: if you rely on an official stmt telling you you can do what you did (not atty)
Failure of Proof: element missing; statute requires Knowledge of law violation - if not proven, fails.
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