Question | Answer |
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. |