CRIM.csv

"Voluntary, physical, conscious, willing act"

"Modern Rule: Provided assistance, did so intentionally"

• Asking or encouraging another person to commit a crime
• No withdrawal
• Merges into completed crime
• Impossibility no defense

• Two-plus people with capacity to commit a crime and the intent to enter agreement (Bilateral)
• No withdrawal once overt act taken (but shields from later crimes)
• Impossibility no defense

A substantial step towards completion of a crime

• Merges into completed crime
• Impossibility no defense
• "Can abandon under MPC, requires total abandon (not mere postponement) and also voluntary (not due to encountering difficulty)"

• All insanity defenses require that defendant suffer from mental disease and:
• 1. M'Naughten: Doesn't know right from wrong or doesn�t understand criminality of actions
• 2. Irresistible Impulse: Can't conform conduct to law
• 4. MPC: Unable to understand criminality or conform to law

• Involuntary: Defense to all crimes
• Voluntary: Only allowed against specific intent crimes

• "Valid defense for specific intent crimes, even if unreasonable"
• "For other crimes, mistake must be reasonable"

"Generally not a defense, unless the statute requires knowledge of illegality (in which case, the mistake of law is not really a defense, but rather a failure of proof of the elements)"

• Force reasonably necessary against aggression. Both objective and subjective standard.
• Good faith required (can't create conditions)
• Aggressor must disengage or be met with increased force before gaining possibility of using defense

• 1. Probable cause that person committed crime
• 2. Reasonably necessary to use deadly force to stop escape
• 3. Felon posed risk to others (constitutional requirement)

• Police instigated the crime
• Defeated if gov't can show D predisposed to commit the crime
• Battery (Criminal)
• D inflicts unwarranted touching on another
• General Intent

• 1. Attempted Battery
• "2. Tort-like, Victim has apprehension of immediate touching"
• Both specific intent

• 1. Intent to kill
• 2. Intent to inflict great bodily harm
• "3. Implied malice (depraved heart, grossly reckless)"
• 4. Felony murder (note modern rule requires D to directly cause death)

• 1. D acts under provacation that causes loss of control
• 2. Provocation would cause ordinary reasonable person to lose control
• 3. Insufficient time to cool
• 4. D does not in fact cool

• Movement of victim against will
• General intent crime

• Intercourse by force or threat of force with no consent
• General intent crime

• "Crime against possession, title never passes"
• 1. Taking and carrying away
• 2. Trespass = against will of owner*
• 3. Intent to PERMANENTLY deprive
• "4. Only applies to personal property* If with consent of owner, but achieved by misrepresentation, then Larceny by Trick"

• 1. Fraudulent
• 2. Conversion
• 3. Of the property of another
• 4. By a person in lawful possession (distinguish from mere custody)

• 1. D obtains title
• 2. To property of another
• 3. By intentional (or knowing) false statement of past or existing fact
• 4. With intent to defraud another

• 1. Actually received
• 2. Personal property
• 3. with Knowledge it was stolen
• 4. with Intent to permanently deprive

• Crime against the person
• 1. Taking personal property
• 2. Intent to permanently deprive
• 3. From another's presence
• 4. By force or threat of force

• 1. Breaking and entering (minimal physical act)
• 2. Of another's dwelling*
• 3. At night*
• 4. With intent to commit felony inside
• *modern rule ignores these

• The malicious burning (damages fiber) of the dwelling of another
• Malice crime

"A practical, non-technical probability that evidence will be found"