Criminal Flashcards
(18 cards)
Principal
Person who commits the actus reus of the crime
Accomplice
A person who aids or abets the principal prior to or during the crime with the intent to help the principal
Accessory after the fact
A person who aids a felon to avoid apprehension after the felony is committed
M’Naghten rule
The defendant is not guilty if, because of a mental disease or defect, the defendant did not know (1) the nature and quality of the act or (2) the wrongfulness of the act
Irresistible impulse test
The defendant is not guilty if a mental disease or defect prevented him from being able to conform his conduct to the law
Durham rule
But for test
MPC rule for NGRI
The defendant is not guilty if a mental disease or defect either prevents the defendant from being able to conform his conduct to the law
Malice aforethought
Intent to kill or inflict serious bodily injury
Reckless indifference to an unjustifiably high risk to human life
Felony murder
Kidnapping
The unlawful confinement of a person against that persons will coupled with either movement or concealment
False imprisonment
The unlawful confinement of a person without consent
Embezzlement
Fraudulent conversion of the property of another by a person who is in lawful possession of the property
False pretenses
The defendant obtains title to the property of another through reliance of that person on a false representation of material fact made by the defendant with the intent to defraud
Robbery
A larceny by force or intimidation when the taking of property is from the victim or in his presence
Premeditation
The defendant reflected on the idea of killing or planned the killing prior to carrying it out
Foreseeable
Natural and probable consequence
Wharton’s rule
Bars liability for conspiracy to commit a crime that requires at least two culpable parties and the crime is completed by only the necessary number of parties
Doctrine of curative admissibility
Allows otherwise inadmissible evidence to be admitted to rebut prejudicial evidence when
(1) the evidence was improperly admitted through no fault of the prejudiced party
(2) the party objected and moved to strike the evidence and
(3) an instruction to disregard cannot remedy the prejudice
Necessity
Justifies criminal conduct if
(1) D reasonably believed that such conduct was necessary to avoid imminent and substantial harm
(2) no reasonable legal alternative was available
(3) the harm caused was less than the harm avoided
