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

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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

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3
Q

When is intent to rape requirement negated?

A

Defendant reasonably believes lack of resistance indicates consent

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4
Q

What are the elements of solicitation?

A
  1. Ask someone else
  2. To commit crime
  3. Intent for other person to commit crime
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5
Q

What is a conspiracy?

A
  1. Agreement
  2. Between >=2 persons
  3. Accomplish unlawful purpose
  4. Intent to accomplish purpose
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6
Q

When is withdrawal possible for conspiracy?

A
  1. Majority - (1) before commit overt act, (2) notice to co-conspirators / police
  2. Minority - D must thwart success, not just notice
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7
Q

What is an attempt?

A
  1. Substantial step

2. Specific intent to commit crime

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8
Q

When do states have jurisdiction?

A
  1. Crime whole / part in state
  2. Attempt to commit crime in state
  3. Conspiracy where overt act happens in state
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