Criminal Law
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| malum in se | show 🗑
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| malum prohibita | show 🗑
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| actus reus | show 🗑
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| show | The guilty state of mind of D
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| show | Crimes without a mens rea
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| General Intent | show 🗑
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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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| show | -Formed after the actus reus
-Formed but abandoned before the actus reus
-Formed but not related to the actus reus
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| Causation | show 🗑
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| show | The killing of another human with malice
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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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| Voluntary Manslaughter | show 🗑
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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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| show | An unintentional OR intentional killing that occurs while committing another crime
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| Felony Murder can only be applied during what crimes? | show 🗑
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| show | An unintentional killing that was caused by recklessness and an unlawful act
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| Involuntary Manslaughter: Unlawful Act | show 🗑
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| No Crime but Tort | show 🗑
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| show | An unintentional murder that occurred from a reasonable risk i.e. driving slow in the rain but hitting another car
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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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| show | When the battery is a reckless act and there is no intent
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| Assault | show 🗑
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| show | Extreme indifference to the value of life
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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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| Abandonment | show 🗑
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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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| Types of Impossibility | show 🗑
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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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| show | Last Act Test
Dangerously Proximate
Indispensable Element
Probable Desistance
Equivocality
Substantial Step (ONLY IN MPC)
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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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| show | Looks at whether D's actions have the specific intent to achieve the target crime
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| Substantial Step Test | show 🗑
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| C/L: Burglary | show 🗑
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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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| Steps to Conspiracy | show 🗑
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| show | An agreement and overt act is required and there is a specific intent between at least one party to commit the crime. Allows withdrawal or abandonment but the punishment is equal to committing the actual crime.
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| C/L: Conspiracy | show 🗑
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| Plurality Rules in Conspiracy | show 🗑
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| show | When someone commits a crime but is unaware i.e. the guy asking a friend to get "his car"
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| Withdrawal | show 🗑
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| show | A defense under MPC for conspiracy where a person has a change of heart and decides not to commit act but they must stop it from occurring
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| Gebardi Rule | show 🗑
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| Fox Rule | show 🗑
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| Wharton Rule | show 🗑
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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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| show | Based on possession NOT ownership and in C/L it is larceny and MPC is theft
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| C/L: Larceny | show 🗑
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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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| show | A C/L crime of taking something that wasn't yours but was in your possession i.e. rental car
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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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| Affirmative Defenses | show 🗑
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| Self-Defense Approach Tests | show 🗑
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| C/L: Self Defense | show 🗑
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| "Imperfect Defense" Theory | show 🗑
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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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| show | -Reasonable force to protect mere property
-CANNOT use deadly devices when not in dwelling
-Protecting of family and self
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| show | An objective test where the situations are beyond the D where he must choose between 2 evils in which he believes to be necessary to avoid a harm or evil to himself or one of the other 2 situations
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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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| MPC: Arson | show 🗑
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| Mental Disease/Defect | show 🗑
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| Insanity Defense Tests(RARE) | show 🗑
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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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| Durham (Product) Test | show 🗑
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| show | An insanity test that combines M'Naughten and Parsons
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| The Insanity Defense Reform Act of 1984 | show 🗑
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| Omissions | show 🗑
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| C/L: Omission | show 🗑
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| Omission actus reus must have: | show 🗑
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| C/L: Juvenile System | show 🗑
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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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| Involuntary Intoxication | show 🗑
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| Types of Involuntary Intoxication | show 🗑
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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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| Innocent Mistake Involuntary Intoxication | show 🗑
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| show | The carnal knowledge of a female forcibly and against her will
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| show | The sexual intercourse by force or threat of force against the will of the victim
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| show | A form of rape under the MPC where consent of females under a certain age is irrelevant because they are not of age to consent
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