Criminal Flashcards
(49 cards)
Attempt
A substantial act towards perpetration of an intended crime.
Solicitation
Intent to induce another to commit a crime.
Merged with all other crimes.
Accomplice liability.
Withdrawl no effect on solicitation charge, but will avoid accomplice liability. MPC - complete and voluntary abandonment of criminal purpose.
Attempt statement
Attempt requires specific intent to commit a crime which becomes factually impossible due to some fact or event, coupled with the apparent ability which contains acts that go beyond mere preparation into the zone of perpetration.
SLAP
Specific intent
Legal (no attempt) v factual impossibility (attempt)
Apparent ability
Preparation v perpetration
Conspiracy
Agreement between two or more persons to commit an unlawful act.
Most jurisdictions require an overt act in furtherance of the crime.
Most jurisdictions presume agreement from actions implying agreement.
Merges with other pre-commission crimes, but not target crime. CL- merges with target crime.
CL - Withdrawal no defense.
MPC - allows timely and complete withdrawl communicated to all conspirators.
Pre-commission crimes approach
Specific intent Merger Accomplice liability Withdrawal Impossibility
Conspiracy - Pinkerton’s Rule
Each member of a conspiracy is chargeable with all crimes in furtherance of the natural and probable consequence of the unlawful act.
Conspiracy - Wharton’s Rule
Cannot convict D for both conspiracy and target crime unless crime requires fewer perpetrators than that involved.
Applies to bigamy, incest, gambling, bribery, adultery, and dueling.
Homicide
Killing of a human being by another human being.
Murder
Unlawful killing of a human being committed with malice aforethought.
Malice =
Intent to kill
Intent to cause serious bodily harm
Wanton reckless conduct “depraved heart”
Felony murder rules
First Degree Murder
Specific intent to kill plus premeditation and deliberation.
Felony Murder Rule
BARRM/KSS
CL - Any homicide committed in the perpetration of an inherently dangerous felony. Modernly during any felony committed in a dangerous manner.
Burglary Arson Rape Robbery Mayhem Kidnapping Sodomy Sexual molestation
Because of public policy reasons, courts refuse to apply felony murder to felonious assaults and batteries, otherwise, strict liability for first degree murder would result from each killing.
Insanity Rules
M’Naghten - Right/wrong test - did not know the nature/quality of act.
Irresistible Impulse - Inability to control conduct.
Model Penal Code - substantial capacity test - combination of M’naghten and irresistible impulse test.
Durham Rule - Was crime product of mental illness?
Voluntary manslaughter
Intentional criminal homicide with malice mitigated.
Mitigation RPT and actual loss of cool.
Involuntary Manslaughter
Unintentional homicide without malice.
Criminal Negligence - RPT. Killing is accidental but a reasonable person should have known of the substantial likelihood that death would occur.
Criminal Battery
The unlawful application of force to another’s person.
Criminal Assault
CL - Attempted battery.
Modern - Intent to create apprehension of immediate bodily harm.
Modern - Aggravated assault - Assault with intent to accomplish another crime against the person (rob, rape, maim, or kill)
Rape
An act of sexual intercourse accomplished with a person not the spouse of the perpetrator without consent.
Mayhem
The malicious maiming or disfiguring of another.
Criminal False Imprisonment
Unlawful detention or confinement of another.
Kidnapping
The intentional and unlawful movement of another.
Common Law Burglary
The breaking and entering of the dwelling house of another in the nighttime with the specific intent to commit a felony therein.
Modern Law Burglary
Entrance in any structure with intent to commit a crime.
Arson
Malicious burning of the dwelling house of another.
Larceny
Trespassory taking and carrying away of personal property of another with intent to permanently deprive.
Larceny by conversion
Larceny by trick
