66 Flashcards

1
Q

Willful Blindess MPC

A

MR Short of knowlege/ Satsifed by knowelege of high prob. Can be inferred from circumstances eg–Interest in commision of crime and interest in proceeds

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2
Q

SL

A

Pub Welfare No mr. MISTAKE not exculpable

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3
Q

Gen iNTENT

A

Proof that D intended to commit the Act (Ar) that caused harm

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4
Q

Mistake of fact mPC

A
  1. Mistake negates mr of a material element of offense

2. law provides the st of mind created by ingornce constitues a def

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5
Q

Mistake fact CL

A

General–Reasonanly and negates culpability

Spec- Mistake of fact negates specific mr

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6
Q

Mistkae of law

A

Official interp

Different law msitake (negates mr)

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7
Q

Prox cause

A

Relevant when intervening causes (6 facotrs)

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8
Q

CL - Intentioan killing heat of passion–Adequate prod

A

jury question 4

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9
Q

Inchoate-Attempt Def

A

Person commits a n attempt when with the intent to commit a spec offense he does any act which constitutes a sub step toward commis of the offense

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10
Q

Attemps AR TESTS

A

pHYSICAL PROX
iNDESPENSIBLE ELEMENT
PROB DESISTANCE
UNQUUIVOCAILITY

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11
Q

Attempt MR

A

Intent t ocommit AR OF attempt

intent to commit targert crime

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12
Q

attemps AR

A

enganging in conduct that constitutes the beg of the perpetration of the target ofense

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13
Q

Necesity CL

A

Natural forces. not for homicide
1. nec to prevent grater social harm
2. no lawful alt
Also may require–leg hasnt spoken, clean hands,

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14
Q

necessity MPC

A
  1. choice of evils, partial clean hands
    MR of crime > your culpability
    good for reck
    not good for neg
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15
Q

Cl Durress

A

immediate

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16
Q

mpc durress

A

unlwful threat of force

17
Q

solicitaiton ar mr

A

ARi nvites requests hired, commands

mr intend for the other person to commit the solicited crime

18
Q

CY CL

A

AR agremement between 2 ppl.. unilateral

MR- intent to agree and inent to accomplish obj of CY

19
Q

CY MPC

A

AR- agreement co commit crime bilateral

mr. purpose of promoton facilitation… comm

20
Q

Accomplicde laibility

A

pathyway- AR- assistance ( advising, aiding, encouraging
MR- intent to aid principle
intent for pinciple to commit crime

21
Q

cy- evidence of AR without express agreement

A

inferred thtough relationship, over acts,

22
Q

accomplice laibility caustion

A

principles ubs for your

23
Q

NAt and porb conse

A
  1. did pricniple commit targert crime
  2. were you accomplice
  3. pricniple comit another crime
    4th- jury was it natural, probably consewuence
24
Q

Larency

A

ar trespassroy takign and carryign awayof the personal prop of another
MR- with intent to permandnetly deprive person of their personal propr

25
Q

trespass

A

D has possess of Ds property without concsent or without jsutification for lack of cosnent

26
Q

theft by false pretense

A

AR false rep that the owner partiall relies upin and is defrauded
MR intent to defraud owner of their proer
v intends for title to pass
(acc cash for nonexistent expected childre

27
Q

Larceny by trick

A

consen to poss that is obtained through fraud isnt valid did intended poss to pass

28
Q

embezzlement

A

AR D obtains poss of pers proper of another in lawful manner

MR0 d intends to deprive another of the prop eprmanrlty