Criminal Law
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each of the black spaces below before clicking
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show | the act is wrong even if its not a crime or law
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show | the act is wrong by law
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actus reus | show 🗑
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mens rea | show 🗑
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Strict Liability | show 🗑
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show | D committed the act to serve as the actus reus
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Specific Intent | show 🗑
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show | When the actus reus and mens rea exist at the same time
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Concurrence CANNOT occur when the mens rea is... | show 🗑
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Causation | show 🗑
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Homicide | show 🗑
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show | An intentional murder that is premeditated with an ITK
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show | An intentional murder that is unpremeditated but has an ITK or cause SBH
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show | An unintentional killing where the risk is so high that the argument by D is irrelevant
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show | An intentional killing committed in the Heat of Passion that has the ITK or cause SBH
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show | -Objective provocation
-No "cooling off" period
-Is an imperfect defense and intent can be transferred
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No Crime: Defense Killing | show 🗑
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First Degree Felony Murder | show 🗑
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show | Burglary
Arson
Robbery
Kidnapping
Attempt (at committing one of these crimes)
Rape
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Involuntary/Misdemeanor Manslaughter | show 🗑
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Involuntary Manslaughter: Unlawful Act | show 🗑
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No Crime but Tort | show 🗑
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No Crime or Tort | show 🗑
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show | An intentional act that is unpermitted and causes a harmful/offensive contact with another person
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Common Law Types of Battery | show 🗑
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Reckless Battery | show 🗑
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show | Like attempted battery that creates a reasonable fear to the party but never reached battery
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MPC: Aggravated Assault | show 🗑
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C/L: "Intent to Frighten" Assault | show 🗑
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show | When the D engages in sufficient acts with the intent to commit the target crime, but the crime was not completed. If it was than it merges into the target crime.
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show | -Meant to identify manifestly dangerous people and focuses on the substantial step test
-Abandonment is a defense and the punishment is slightly less severe than the target crime except in murder cases
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show | When the actus reus and mens rea are present and there is a complete renunciation of purpose and the D must stop the crime from occurring
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show | -Meant to prevent immanent social harm and focuses on the dangerously proximate test
-Uses legal impossibility as a defense and the punishment is slightly less severe than the target crime
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show | Legal and Factual
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show | A defense under the C/L when there is a real intent to commit the crime but there is a serious mistake and the crime is permanently impossible to commit
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Factual Impossibility | show 🗑
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C/L Sufficient Act Tests | show 🗑
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show | D did everything they believe is necessary to commit the target crime
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Dangerous Proximity Test | show 🗑
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show | Helps decide dangerous proximity and looks at what remains to be done by D in order to commit the target crime
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show | Looks at whether D reached a point where it was unlikely he would abandon his efforts toward the target crime
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Equivocality Test | show 🗑
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Substantial Step Test | show 🗑
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show | Breaking and entering into a dwelling house of another at night with the intent to commit a felony therein
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show | The unlawful entry into a dwelling of another with the intent to commit a felony therein
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show | A combination of two or more people who form a purpose of committing an unlawful act or a lawful act by unlawful means. Impossibility is NEVER a defense!
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show | Solicitation of another
Conspiracy to commit crime
Attempt to commit crime
Target Crime
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MPC: Conspiracy | show 🗑
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C/L: Conspiracy | show 🗑
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Plurality Rules in Conspiracy | show 🗑
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Doctrine of Evil/Powell Rule | show 🗑
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show | Defense in both MPC and C/L of conspiracy but when it occurs they are guilty of everything that happened prior to this
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Abandonment | show 🗑
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show | Applicable under C/L and MPC its when a person is considered a victim, they cannot be a participant of conspiracy even if there was consent
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show | In C/L only, if all the conspirators except one are acquitted, you cannot convict the one because there needs to be two guilty minds
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show | A person can be convicted of conspiracy and the crime they were trying to commit because certain crimes require two guilty minds
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Accessory before the Fact | show 🗑
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show | Guilty of obstruction but no knowledge of the crime
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Larceny/Theft | show 🗑
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show | The taking and carrying away of personal property of another with intent to steal
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show | Larceny, Larceny by trick, Embezzlement, Obtained by false pretenses
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Larceny by Trick | show 🗑
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Embezzlement-breach of trust | show 🗑
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show | Intentionally exerting unauthorized control over property of another with intent to deprive
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show | Larceny (now theft) from the victim's person or presence by force or intimidation
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MPC: Robbery | show 🗑
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show | Prosecution has to prove beyond reasonable doubt that the D is guilty of each element of a crime
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show | MPC: Subjective Test
C/L: Objective Test
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C/L: Self Defense | show 🗑
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show | defenses that work towards one type of crime but won't work for lesser crime
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Retreat/Castle Rule | show 🗑
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Battered Spouse Syndrome | show 🗑
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show | Deriving someone's defense rights and acting to protect them on their behalf if you see them being attacked
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show | You do not need to derive the rights to defend the other person because it is an assumed obligation to protect the party and rights of defense of a person don't need to be given
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Defense of Property/Dwelling | show 🗑
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Defense of Necessity/Choice of Evils | show 🗑
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MPC Defense of Duress | show 🗑
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show | The malicious burning of a dwelling house of another
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show | The highly malicious burning (beyond char) of a dwelling of another
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Mental Disease/Defect | show 🗑
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show | -M'Naughten (Right-Wrong) Test
-Parsons (Irresistible Impulse)Test
-Durham (Product) Test
-Substantial Capacity Test
-Insanity Defense Reform Act (current)
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show | A test for insanity where the accused party had a mental defect and was not able to know right from wrong
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Parsons (Irresistible Impulse) Test | show 🗑
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show | An insanity test where the accused is not criminally responsible because his act was caused by his mental disease or defect
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show | An insanity test that combines M'Naughten and Parsons
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show | An insanity test that D committed the offense as a result of mental disease/defect and was unable to know the nature and quality of wrongfulness
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show | When D has a pre-existing legal duty to act but doesn't
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show | A person CANNOT be charged with a crime of omission if they had a legal or moral duty
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Omission actus reus must have: | show 🗑
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show | There is no separate system for juveniles and a person becomes an adult at 14 yrs.
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show | Ages vary by the state but at 18 you become an adult but 14-18 yrs. is able to be tried in juvenile or adult court
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Voluntary Intoxication | show 🗑
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show | Can be used as a defense because D was unaware of being intoxicated
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show | Coerced, Pathological, Innocent Mistake, Medically Prescribed
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Coerced Involuntary Intoxication | show 🗑
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show | The intoxication is unexpected because it was a result of a powerful medication or alcohol that was unknown to induce intoxication
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show | When someone is tricked into the intoxication such as consuming a drink from a spiked punch bowl
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show | The carnal knowledge of a female forcibly and against her will
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MPC: Rape | show 🗑
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Statutory Rape | show 🗑
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Created by:
jmarti13
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