Miscellaneous
True or false: when an attempt is "complete" that means the target crime has always been successfully executed
False: complete attempt means all the steps were taken to complete the crime, but for some reason, the crime was not committed
What are the 4 kinds of malice?
What is the difference between assault and battery?
Assault is the attempt to commit battery
True or False: Burglary can only take place at night, and their body must enter the structure.
False on both terms. (tools count as well)
What is the gist of the doctrine of self defense?
Define the parties to a crime (Hint: there are 4)
Principal in the first degree, Principal in the second degree, Accessory before the fact, Accessory after the fact
What happens to a felony murder charge that is not IDHL?
Merges into involuntary manslaughter
True or False: Insignificant asportation still works for kidnapping
False
What is the common law definition of larceny?
DAILY DOUBLE: True or False: asportation must be significant
Trespassory caption and asportation of the personal property of another with intent to steal; false
Name four examples of failure of elements defenses
mistake of fact, accident, alibi, unconscious (no actus reus), mental illness (no mens rea)
What is the natural and probable consequences doctrine?
An accomplice is liable for crimes committed by the perpetrator that are the natural and probable consequences of the target crime
premeditation and deliberation
What are the 3 types of conspiracies?
Simple, chain, wheel
What is the difference between robbery and larceny?
Robbery is accomplished by means of force or fear and larceny is not
What is the difference in applying mistake of fact for general versus specific intent offenses?
General: must be honest /GF and reasonable; Specific: must be honest /GF but does not have to be reasonable
True or false: a person can be charged with solicitation and conspiracy
False, solicitation merges into conspiracy
What are the elements of depraved heart murder?
conduct was extremely dangerous to HL, D was aware of the risk to HL, D consciously disregarded that risk, no social justification
True or false: harm must occur to the person themself to constitute battery
False
What is the difference between robbery and extortion?
What are the elements of duress?
Pinkerton liability extends liability to conspirators when the crime is...
What are the pigeon holes for adequate provocation (voluntary heat of passion manslaughter)?
What is the mens rea of conspiracy? (hint: CL has two parts and CA adds a 3rd)
Intent to agree, intent to commit target crime; CA only: overt act in furtherance of conspiracy
What distinguishes embezzlement from larceny by trick and false pretenses?
For embezzlement, possession is obtained lawfully; for larceny by trick possession is obtained through deception and the owner retains title (owner usually expects to get it back); for false pretenses is trying to change title under a false representation
Explain the difference between self defense, necessity, and duress