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Criminal Law Stack

QuestionAnswer
Conspiracy An agreement between two or more people to commit a crime, with intent (1) to agree to commit the offense and (2) to commit the offense itself.
Merger Doctrine A criminal defendant cannot be convicted of both a crime and any of its lesser included offenses. The doctrine applies when a defendant is convicted of both an inchoate crime (such as attempt) and the completed crime arising from the same actions.
Attempt A specific intent crime which falls short of completion of the crime. Must include a substantial overt act toward competing the crime. Merges w/ crime.
Co-conspirator responsibility A conspirator is responsible for the acts of a co-conspirator where: 1) the act is foreseeable in committing the agreed crime, and 2) the act is in furtherance of the conspiracy.
Wharton's Rule A conspiracy must involve more people than required to commit the crime. Crimes that require 2 or more parties (such as adultery) cannot be prosecuted as conspiracies.
Assault The intentional creation of the imminent and reasonable apprehension of a battery, OR an attempted battery.
M'Naghten Insanity Test A defendant will not be found guilty of a crime if, at the time of the offense, 1) he did not understand the nature of his actions, OR 2) did not know right from wrong - due to mental defect of disease.
Irresistible Impulse Test A defendant will not be found guilty of a crime by reason of insanity if 1) as a result of a mental defect or disease, 2) she had an irresistible impulse preventing compliance with the law. "Policeman at the elbow test"
Model Penal Code Insanity Test The MPC permits an insanity defense if, 1) as a result of mental disease or defect, 2) a person lacks substantial capacity to 3) "appreciate" the criminality of the conduct or to conform the conduct to the requirements of the law.
Durham Insanity Test OR Product Test Conduct is a product of a mental disease or defect to the extent that the defendant lacks sufficient capacity to appreciate the criminality of his acts. The most liberal and least adopted.
Voluntary Manslaughter An intentional criminal homicide committed without malice aforethought. Includes 1) heat of passion murder, and 2) imperfect defense (an unreasonable mistake about the need for self-defense).
Solicitation Intentionally inciting, urging, or commanding another to commit a crime. The person being solicited need not agree to the proposition. Solicitation merges with the crime.
Involuntary Manslaughter An unintentional homicide committed w/o malice. 1) Criminal negligence - gross negligence so extreme it is treated as a crime, and 2) unlawful act - misdemeanor manslaughter rule (accidental killing during malum in se misdemeanor).
Accomplice Liability Criminal responsibility of one who acts to encourage or aid another before, during, or (in some jurisdictions) after a crime. If other crimes are foreseeable or probable, an accomplice will be held responsible for those additional crimes.
Arson The malicious burning of the dwelling house of another. A specific intent crime, and modern law has abandoned the dwelling house requirement. However, only malice not intent is required.
Burglary A breaking and entry of a dwelling house of another at night w/ specific intent to commit a felony or larceny therein. Modern statutes eliminate dwelling and nighttime.
Larceny The trespassory taking and carrying away of personal property belonging to another w/ specific intent to permanently deprive the victim of his property.
First Degree Murder Deliberate and premeditated intent to kill murder, AND, felony murder. A specific intent crime.
Felony Murder Rule A death caused, even accidentally, during the course of commission of an inherently dangerous felony (BAKRR) is first degree murder. The felony must be independent of the killing, and the D must be guilty of the underlying felony.
Second Degree Murder Murder which is not proven to be deliberate and premeditated, or that was the result of an inherently dangerous felony.
Murder The unlawful killing of a human being with malice aforethought.
Rape Unlawful sexual intercourse w/ a female without her consent by use of force, fear, or fraud. A general intent crime.
Embezzlement Fraudulent conversion of the personal property of another by a person in lawful possession of the property. Perpetrator must already have custody of the property.
False Pretenses Obtaining title to personal property of another by an intentional false statement of fact with the intent to defraud. Victim is being defrauded into giving up title to the property.
Larceny by Trick Use of fraud to procure possession of another's property w/ intent to permanently deprive.
Robbery A larceny from a person by use of force or fear.
Kidnapping Unlawfully confining a person, against their will, involving some movement of the victim, OR concealment of the victim in a secret place.
Criminal Homicide Causing the unlawful death of a human being by any voluntary act or omission.
Transferred Intent Criminal intent aimed at one party but caused to another. If a person intends to kill one person but instead kills another, the intent will be transferred to the actual act.
Defenses (I DEMAND POPS) Insanity, Drunkenness, Entrapment, Mistake, Age, Necessity, Duress ... Prevention of a crime, Defense of Others, Defense of Property, & Self-Defense.
Criminal Intent The mens rea element of a crime. It is the state of mind to commit a criminal actus reus without any justification, excuse, or defense. It determines the difference between murder or manslaughter.
Specific Intent Requires not only the doing of a criminal act, but doing the act with a specific intent or objective. Include BAT MASC - Battery, Assault, Theft - Murder, Attempt, Solicitation, Conspiracy.
Malice Aforethought The requisite mental state for common-law murder. Encompasses one of the following: 1. Intent to kill 2. Intent to inflict grievous bodily injury 3. Reckless indifference to human life 4. Intent to commit a dangerous felony.
Heat of Passion Manslaughter Elements 1) Reasonable provocation 2) Act performed while extremely angry 3) No time for a reasonable person to cool off 4) D did not in fact cool off before killing.
Duress As a defense to a criminal act, it requires 1) A threat, 2) Reasonable fear of 3) immediate or imminent 4) Serious bodily harm or death. Not a defense to homicide charge.
Imperfect Self-Defense (voluntary manslaughter) If the D killed in self-defense but failed to satisfy a requirement for acquittal by reason of self-defense - 1) unreasonable mistake about existence of danger, 2) unreasonable mistaken about need for deadly force, 3) Aggressor.
Battery An intentional or reckless offensive touching or bodily injury to another.
Rape Unlawful sexual intercourse with a woman, not one's wife, without her consent.
Kidnapping The unlawful confinement of another, accompanied by either moving or hiding the victim.
Forgery 1) Making or altering 2) a writing with apparent legal significance 3) so that it is false 4) with intent to defraud.
Age Defense Under age 7 is an absolute defense to all crimes at common law. Under age 14 there is a rebuttable presumption of defense. Modern law statutes provide that a child under 13 or 14 cannot be convicted of a crime.
Accomplice One who aids, abets, encourages, or assists another to perform a crime, will himself be liable for that crime.
Accessory After the Fact Not liable for the felony itself, instead usually only responsible for obstruction of justice.
Larceny v. Embezzlement Was possession originally obtained unlawfully (larceny) or lawfully (embezzlement)?
Larceny v. False Pretense What was obtained unlawfully, mere possession (larceny) or title (false pretense).
Larceny by Trick Where D gets possession by fraud or deceit. Must have intent to steal when possession gained. Not to be confused with false pretenses, where one takes TITLE by fraud or deceit.
Created by: chrispatry on 2009-03-20



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