Crim Flashcards
List the 11 specific intent crimes
“Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts”
Solicitation Conspiracy Attempt First-Degree murder Assault Larceny Embezzlement False Pretenses Robbery Burglary Forgery
M’Naughten insanity defense
Defendant does not know right from wrong or does not understand his actions
Irresistable impulse insanity defense
(as the name suggests) an impulse that defendant cannot resist
Durham insanity defense
But for the mental illness, defendant would not have done the act
Model Penal Code insanity defense
Combination of M’Naghten and irresistible impulse
A statute in the jurisdiction, which was enacted with the express purpose of preventing public employees from taking advantage of the status of undocumented immigrants, made it a felony to accept money or other benefits in exchange for issuing a state identification card. During an undercover investigation, an undocumented immigrant was recorded offering $500 to a clerk in exchange for issuance of a card. The clerk agreed to the deal and later that day exchanged the card for the money, after which both parties were arrested.
In a jurisdiction following the common law approach to conspiracy, which of the following statements is correct?
(A) The clerk can be convicted of violating the statute and conspiracy to violate the statute, and the undocumented immigrant can be convicted of no crime.
(B) The clerk can be convicted only of violating the statute, and the undocumented immigrant can be convicted of no crime.
(C) The clerk can be convicted only of violating the statute, and the undocumented immigrant can be convicted as an accomplice to violation of the statute.
(D) The clerk can be convicted of violating the statute and conspiracy to violate the statute, and the undocumented immigrant can be convicted of conspiracy to violate the statute.
B. When a problem specifies that a statute is intended to protect a class, it is presumed that the class is immune from prosecution under the statute, whatever their conduct. If the immigrant cannot be convicted for conspiracy, that spoils that charge for the clerk too (it takes two to conspire), so all that’s left is the statute.
Two-word definition: First-degree murder
Premeditated killing
Two-word definition: felony murder
Non-premeditated murder
Two-word definition: Voluntary manslaughter
Provoked killing
Two-word definition: Involuntary manslaughter
Negligent killing
Accomplice elements
Person who:
- Acts with intent (i) to assist the principal AND (ii) that the principal commit a crime
- Actually aids/counsels/encourages the principal
Purposefully
Conscious object to engage in the proscribed conduct
Knowingly
Awareness that conduct is of a particular nature or will cause a particular result
Recklessly
Consciously disregarding a substantial and unjustifiable risk
Negligently
Failure to be aware of a substantial and unjustifiable risk
