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Actus Reus:
The physical act or omission
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Accomplice liablility
- One who aids/abets another in the commission of a crime is liable for the foreseeable consequences of the crimes committed
- Common law: Felonys
- Actual perpetrator: principal in first degree
- At the scene aider : principal in second degree
- Pre-crime aider : accessory before the fact
- Post-crime aider = accessory after the fact
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Vicarious liability
- One may be liable for crime committed based upon relationship of parties
- *no affirmative conduct required
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Solicitation
- Intent to induce another to commit a crime
- *Specific intent
- *Merger
- *Accomplice Liability
- *Withdrawal
- *Impossibility=no defense
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Attempt
- A substantial act towards perpetration of an intended crime
- *Specific Inent
- *Legal Impossibility vs. factual impossibility
- *Apparent Ability
- *Preparation v. perpetration (substantial steps)
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Legal v. Factual Impossibilty
- Legal Impossibility: not a crime although Defendedant thought it was a crime
- Factual impossibility: facts presented are not what D thought
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Conspiracy
- Agreement between two or more persons to commit an unlawful act
- *Specific intent
- *Overt Act
- *Withdrawal= Maj-no defense/MPC-look for voluntary abandonment and communication to all conspirators
- *Impossibility=no defense
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Pinkerton’s Rule
Each member of the conspiracy is responsible for the action of con-conspirators of which they have knowledge with intent that these additional crimes may occur
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Battery (general intent)
The unlawful application of force to anothers person
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Assault (specific intent)
- Common Law: Attempted battery-intent to batter but offense not committed
- Modern Law: threating conduct with intent to either injury or frighten and cause the victim reasonable apprehension of immediate bodily harm
- Modern Law/aggravated assault- assault w/intent to accomplish another crime against the person
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Rape
Unlawful carnal knowledge of a women not his wide without consent
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False imprisonment unlawful detention or confinement of another
*MPC requires only knowledge
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Kidnapping
Intentional and unlawful movement of another
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Mayhem
The malicious maiming or disfiguring of another
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Burglary
- At common law: The breaking and entering a dwelling of another at night with the specific intent to commit a felony with in
- Under modern law: breaking and entering any structure/anytime with the intent to commit a crime.
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Arson
- @common law: malicious burning of the dwelling house of another
- Modern law: malicious burning of any structure
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Larceny
- Tresspassory taking and carrying away personal property of another with the specific intent to permanently deprive
- *by trick: fraud to obtain possession not tittle
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Embezzlement
Exercise of dominon and control of rightfully entrusted personal property
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False pretenses
Obtaining title by means of false representation of past or existing facts
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Robbery
Larceny including force inducing fear through violence or intimidation
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Receiving stolen property
receiving property knowing to be stolen
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Forgery (specific intent)
The fraudulent making or altering of writing with intent to defraud or deceive
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Uttering
Offering as genuine as instrument know to be false with the intent to defraud
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Extortion
obtaining from another with consent by means of intimidation less degree needed for robbery
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Misprision
Concealment and non-disclosure of the known felonious conduct of another
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Compounding
Acceptance of a consideration in return for one’s agreement not to prosecute another crime
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Breach of peace
Willful act unreasonably disturbs the public peace
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Malicious Mischief
Malicious infliction of injury upon the property of another
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Homicide: Killing of a human being by another human
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Murder:
- Unlawful killing of a human being with malice aforethought
- Malice-Mens rea
- -intent to kill or
- -intent to cause serious bodily harm or
- -wanton and reckless conduct or
- -felony murder rule
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Felony Murder Rule
- Killing during the perpetration of a dangerous felony. BARRM/KSS
- Burglary, arson, rape, robbery, mayheim, kidnapping, sodomy, sexual molestation
- 1. Common Law-Guilty of 1st Degree
- 2.Majority view-not guilty of death of co-felon
- 3.Better View-Not guilty/liable for death of co-felon committed by an innocent person
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First Degree Murder
- Premeditated (thought or reflection) and deliberated (not impulsive) killing with specific intent to kill
- *poison, bomb, torture, ambush
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Second degree murder
All other murders which is not murder in the first degree
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Justifications for murder
- Self-defense: reasonably necessary
- Defense of others: deadly attack
- Defense of property: only at home
- Necessity: rare
- Crime prevention
- Mitigation-Voluntary Manslaughter
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Intention criminal homicide w/malice mitigated
- -heat of passion
- -Mistaken justification
- -coercion
- -diminished capacity
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Diminished Capacity:
- Used as a defense to specific intent crimes
- -SAC crimes
- -Theft crimes
- -Burglary
- -Assault
- -Murder 1st degree
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Intoxication
A person who is sufficiently intoxicated such that they are unable to form the “specific intent” has a affirmative defense to specific intent crimes…. However, voluntary intoxication is not a defense in many jurisdictions
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Involuntary Manslaughter aka criminal negligence
- unintentional homicide without malice
- *misdemeanor manslaughter rule: killing during the commission of a non-dangerous felony=involuntary manslaughter
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Duress
must be immediate… cant be used as a defense to kill another human being
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Insanity
- M’Naughten: because of mental disease, the defendant did not know what he did was morally wrong or did not know the nature and quality of his act.
- Irresitible impulse test: Inability to control conduct
- Model Penal Code: (substaintial capacity): Due to a mental disease or defect in reasoning, the Defendant lacks substaintial capacity to conform his conduct to the law Durham Rule: but for the mental illness…. “the crime was a product of the mental illness”
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Entrapment:
- A defense, rest upon enticement by law enforcement
- Traditional view- law enforcement must create the intent to commit the crime in the mind of the person not otherwise predisposed to commit
- Modernly-crime was committed in response to the police activity that the reasonable person would likely commit the crime
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