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Crim Law

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lhanvt13's version from 2016-07-23 00:13

Section 1

Question Answer
Elements of Accomplice Liability1) with the intent to commit the crime, 2) actively aided, abetted, or encouraged the principal
Defenses to Accomplice Liability1) Withdrawal or 2) notify the authorities and take some action to prevent the commission of the crime
Accomplice Liability Defense if Encouragedthey must repudiate their encouragement
Accomplice Liability Defense if Provided Materialthey must do all possible to retrieve it
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Section 2

Question Answer
Elements of Accessory After the Factknowingly aid someone who has committed a crime to avoid arrest or punishment;
Accessory knowledge requirementknowledge of the crime committed
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Section 3

Question Answer
The Incohate Offenses1) Attempt, 2) Solicitation, 3) Conspiracy
Solicitation ElementsAsk or request someone to commit the crime
Criminal Liability if Convicted of SolicitationAll crimes committed in furtherance of the solicited crime
Conspiracy ElementsConspiracy requires 1) an agreement, express or implied, to accomplish some criminal or unlawful purpose, and 2) intent to agree
Conspiracy Intent to AgreeMinority: unilateral intent; Majority: mutual agreement; Wharton Rule: If a crime requires two people, then there must be 3 or more participants for there to be conspiracy
Liability if Convicted of ConspiracyAll foreseeable crimes committed in furtherance of the conspiracy
Defenses to ConspiracyOnly withdrawal is a defense, but only to crimes committed in furtherance of a conspiracy - Must communicate the intent to withdraw to everyone involved; You are still liable for Conspiracy
Attempt Elements1) Specific Intent to commit the crime, 2) an overt act
Defenses to Attempt1) Merger, 2) Abandonment prior to overt act, 3) Intoxication, 4) any mistake of fact, 5) legal impossibility
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Section 4

Question Answer
Homicide ElementKilling of another person
MurderKilling of another human being with malice aforethought
Malice Aforethought1) Intent to kill, 2) intent to inflict great bodily injury, 3) reckless indifference to human life, 4) Felony Murder Rule - killing in the commission of, or the attempt to commit, an inherently dangerous felony
Felony Murder RuleKilling in the commission of, or the attempt to commit, an inherently dangerous felony.
Felony Murder Rule - Inherently Dangerous Felonies1) Burglary, 2) Arson, 3) Rape, 4) Robbery, 5) Kidnapping
Killing of a Co-FelonNot liable for killing of a co-felon in the commission of a felony
Agency Theory - Minority LawFelon is not liable for police or victim killing someone during the commission of the felony
If no agency theoryFelon liable for all deaths occurring during a felony except for the killing of a co-felon
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Section 5

Question Answer
First Degree Murder1) Killing of a human being, 2) premeditation and deliberation or 3) Commission of an inherently dangerous felony
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Section 6

Question Answer
Voluntary Manslaughter Elements1) Killing of a human being, 2) adequate provocation
Adequate provocation1) must actually be provoked, 2) there was no cooling off period, and 3) did not cool off
Possible also sometimes for Imperfect Self DefenseImperfect self defense is the unreasonable but honest belief in need to use deadly force
memorize

Section 7

Question Answer
Larceny Elements1) Trespassory taking, 2) carrying away, 3) personal property of another, with 4) intent to permanently deprive
Embezzlement Elements1) Fraudulent Conversion, of 2) personal property of another, by 3) a person in lawful possession of that property
False Pretenses1) Obtaining title, 2) personal property of another, 3) intentional false statement of past or existing fact, 4) intent to defraud
Receiving Stolen Property Elements1) receiving possession and control, 2) of stolen property, 3) known to have been obtained in a criminal way by another, 4) intent to permanently deprive rightful owner
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Section 8

Question Answer
Robbery Elements1) Taking, 2) Personal Property of another, 3) from the person's person or presence, 4) with force or fear, with 5) intent to permanently deprive
Burglary1) Breaking and Entering, 2) the dwelling of another, 3) at night, 4) with the intent to commit a felony therein
Arson1) Malicious, 2) burning or charring, 3) of another's dwelling
Forgery1) making or altering, 2) a writing with apparent legal significance, 3) making it false, with 4) intent to defraud
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Section 9

Question Answer
Self-defenserequires: 1) proportional force, 2) no duty to retreat unless the defendant is 1) the aggressor, and 2) retreat was possible
Defense of Othersrequires 1) proportional force, 2) reasonable and necessary.
Majority Rule for Defense of Others1) reasonably believes that 2) the person assisted would have had the right to use force in his own defense
Minority Rule for Defense of OthersThe defendant must step into the shoes of the person defended
Defense of Property of one's Dwellingnondeadly force allowed; deadly force allowed if self-defense or prevention of felony
Defense of Property - other propertyDeadly force is not an option
Insanity testsM'Naghten Test; Irresistible Impulse Test; Durham Product Test; MPC test
MPC TestDefendant's conduct could not conform to the requirements of the law
M'Naghten TestDefendant could not 1) understand the wrongfulness of his acts or 2) understand the nature and quality of his act, 3) as a result of a mental defect
Irresistible Impulse Testdue to the mental defect was unable to control his conduct or conform his conduct to the law
Durham Product TestCrime was the product of a mental defect
Voluntary IntoxicationVoluntary intoxication is only a defense to specific intent crimes
Involuntary intoxication is a defense to all crimes if it rendered the defense legally insane
Mistake of FactReasonable mistakes of facts may negate the intent requirement; Unreasonable mistake of fact is only a defense to specific intent crimes
Age defense0-7: not a criminall 7-14: rebuttable presumption of innocense; 14+: tried as an adult
DuressDuress is a defense to all crimes except homicide and requires threat of imminent death or great bodily harm to me or a family member and belief must be reasonable
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