Initial Outline - Other Crimes, Inchoate Crimes, and Jurisdiction Flashcards
(8 cards)
1
Q
What is mayhem?
A
Common law felony battery causing (1) dismemberment OR (2) permanent disfigurement
2
Q
What is the difference between kidnapping and false imprisonment?
A
Kidnapping requires all the elements of false imprisonment AND (1) moving the person OR (2) hiding the person
3
Q
When is intent to rape requirement negated?
A
Defendant reasonably believes lack of resistance indicates consent
4
Q
What are the elements of solicitation?
A
- Ask someone else
- To commit crime
- Intent for other person to commit crime
5
Q
What is a conspiracy?
A
- Agreement
- Between >=2 persons
- Accomplish unlawful purpose
- Intent to accomplish purpose
6
Q
When is withdrawal possible for conspiracy?
A
- Majority - (1) before commit overt act, (2) notice to co-conspirators / police
- Minority - D must thwart success, not just notice
7
Q
What is an attempt?
A
- Substantial step
2. Specific intent to commit crime
8
Q
When do states have jurisdiction?
A
- Crime whole / part in state
- Attempt to commit crime in state
- Conspiracy where overt act happens in state