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Actus Reus
- The physical Act (evil Hands)
- except: 1 involuntary
- 2 reflective/convulsion
- 3 preformed while unconscious
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Mens Rea
- Mental state (Evil Mind)
- Specific intent or mind set to do or complete the act effecting consequences.
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Causation
Act resulting from intent
Actual and proximate (tort analysis)
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Solicitation
To induce, ask or urge someone to commit an unlawful act with intent for the act be done
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Attempt
- A substantial act in furtherance of a crime that falls short of completion.
- (Preparation v zone of perpetration)
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Conspiracy
- An agreement between 2 or more person to commit an unlawful act, with overt acts by at least one party.
- No merger with other crimes. Agreement is the crime
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Pinkerton's Rule
All conspirators are liable for all foreseeable crimes in furtherance of conspiracy
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Wharton's Rule
- Has to be more than that number required for the crime.
- exception: Rape.
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Accessory Liabilty
- Actively involve in crime
- urge/ counsel/ encourage/ give aid
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- Liability for the target crime and all foreseeable crimes.
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Merger
Generally, there is no merger
Solicitation and attempt will merge into target offense.
Conspiracy will not merge with target but will merge with other INCHOATE crimes
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Homicide
The killing of a human being by another human being
Actus rea of murder
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Malice
Specific intent to commit OR wanton and reckless disregard of serious harm or death to others
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Murder
- Homicide with malice aforethought
- Intent to kill OR
- Intent to do serious bodily harm OR
- Wanton & reckless OR depraved heart
- Felony Murder (in commission of BARRMKS)
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Murder in 1st degree
- Specific intent to kill with premeditation and deliberate conduct.
- use of weapon infers
- Poison, bomb, ambush and torture
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Murder in 2nd degree
All murder not Murder in 1st.
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Voluntary Manslaughter
- No Malice
- Heat of Passion
- legal adequate provocation
- Defendant was provoked
- reasonable person would have been provoked
- Defendant did not cool off
- reasonable person would have cooled off
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Involuntary Manslaughter
Accidental death occurs during unlawful act
Mens rea Criminal neglect/reckless
- misdemeanor / manslaughter rule
- act is evil of itself and not prohibited by law
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