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Flashcards in Crimes and Elements Deck (18):
1

Battery

(i) the unlawful (ii) application of force to another, (iii) resulting in either (a) bodily injury or (b) an offensive touching.

Mens Rea: General intent

2

Assault

Two kinds:

1. Attempted battery

2. (i) The intentional creation (ii) other than by mere words (iii) of a reasonable apprehension in the mind of the victim (iv) of imminent bodily harm.

Mens Rea: Specific intent

3

Voluntary manslaughter

(i) A killing that would otherwise be murder (ii) committed in the hear of passion, (iii) upon adequate provocation.

The provocation must be (i) objectively adequate, which means it would arouse a sudden and intense passion in the mind of a reasonable person. (ii) the person must actually have been provoked, and (iii) the person must not have had time to cool off.

4

Involuntary manslaughter

1. A killing committed during the commission of a crime to which the felony murder doctrine does not apply.

2. An unintentional killing committed (a) with criminal negligence [common law] or (b) recklessly [MPC/Modern trend]

5

False imprisonment

The (i) unlawful (ii) confinement of a person (iii) without his or her consent.

Mens rea: General Intent

6

Kidnapping

The (i) false imprisonment of a person (ii) that involves moving the victim or concealing the victim in a secret place.

Mens Rea: General Intent

7

Robbery

(i) a larceny (ii) from someone else's person or presence (iii) by force or threat of immediate injury.

Mens Rea: specific intent to steal

8

Forgery

(i) making or altering a writing (ii) so that it is false

Mens Rea: specific intent to defraud

9

MPC Theft

all the common law theft crimes. The gradation is determined by value of the property taken.

10

Burglary

(i) breaking and entering (ii) into the dwelling house of another (iii) with the intent to commit a felony therein.

Mens Rea: specific intent to commit a felony

11

Arson

The malicious burning of the dwelling of another.

Mens Rea: malice

12

Possession of Contraband

Possession of contraband

Mens Rea: knowing

13

Receipt of Stolen Property

(i) receiving possession and control of (ii) stolen personal property

Mens Rea: (i) knowing that the property has been obtained criminally by another (ii) with the intent to permanently deprive the owner of his interest in the property

14

Accomplice liability

(i) aids and encourages the principal (ii) with the intent to assist the principal and with the intent that the underlying crime be committed.

Scope: guilty of (i) all crimes that he aided or encouraged and (ii) all other foreseeable crimes committed along with the aided crime

15

Solicitation

Asking someone to commit a crime with the intent that the crime be committed.

Mens Rea: specific intent

16

Conspiracy

(i) An agreement between two or more people to commit a crime, plus (ii) an overt act in furtherance of the crime

17

Attempt

An overt act beyond mere preparation and either

(a) [common law] the defendant got dangerously close to the commission of the crime or

(b) [MPC] the defendant must engage in conduct that constitutes a substantial step towards the commission of the crime, provided that conduct strongly corroborates the actor's criminal purpose.

Mens Rea: specific intent to commit the underlying crime

18

Accessory after the fact

An accessory after the fact is one who receives, relieves, comforts, or assists another, knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction.

Mens Rea: Specific Intent (knowing that a felony has been committed)