Night
What is 30 minutes after sunset and 30 minutes before sunrise?
If you can swap for victim and still kill the guy, you're good (rule name)
What is the identical twin rule?
Rehabilitation
What is helping the poor criminals become good members of society?
No conspiracy if crime requires two people to commit (like buying and selling drugs)
What is Wharton's Rule?
Felony Murder
What is killing during course of felony?
Occupied Structure
What is a structure suited for overnight accommodation, or SSP, regardless of whether someone is home or not?
Battered Defendants
What is
Same rule as self-defense, but "IMMINENT" becomes "ALWAYS"?
Retribution
What is punishing the criminal for their violation of society's rules?
Renunciation (UNDER SOLICITATION)
What is...
1) complete + voluntary
2) Prevent crime/persuade others not to act
Actus Reus for MURDA
"Caused death of another"
Different ways to accomplish TBD (4 answers):
What is
1) creates/reinforces false impression
2) Prevents another from acquiring false info
3) Fails to correct false impression
4) Fails to disclose
?
Law Enforcement Force (same as self-defense/others, OR.......)
What is: Fleeing felon + "threat of serious harm"
-$500 if you made a racist joke before answering
Incapacitation
What is preventing that individual from ever criming again? (death penalty, castration, LWOP)
Attempt (2 elements)
What is
1) Mens Rea of planned crime +
2) "Substantial step"
(lying in wait, following, unlawful entry, tools/materials, soliciting)
Malice
What is "wickedness or depraved heart?"
A person is guilty of robbery if, in the course of committing a theft, zey/zem: (3 answers)
What is
1) Inflicts SBI; or
2) Threatens another w/ fear of imminent SBI; or
3) Commits/threatens F1/F2 (felony 1st/2nd degree)
Imperfect Self-Defense
What is...
Self-Defense - one element
(not a reasonable fear, initial aggressor didn't use deadly force, non-proportionate force)
Difference between General Deterrence and Specific Deterrence
What is
Specific - directed for that individual
General - "making an example" out of that person to discourage overall crime
Solicitation (3 elements)
What is
1) Purposely commands/encourages/requests +
2) Other person +
3) To crime
Voluntary Manslaughter (intentional murder charge, but D has two different arguments to reduce to VMS):
What is
1) extreme provocation/heat of passion; OR
2) Imperfect self-defense?
Affirmative defenses to trespass: (3 answers)
What is
A) building = abandoned, OR
B) open to public, actor complied w/ lawful conditions, OR
C) a reasonable belief that they are allowed
Self-Defense (4 elements)
What is...
1) Reasonable/actual fear +
2) Imminent/immediate harm +
3) proportionate force +
4) Not aggressor
Economic Efficiency
What is the cost/benefit analysis related to the crime?
Cost of crime > benefit of crime
Conspiracy (3 elements)
1) Purposely agree to crime +
2) One or more people +
3) OVERT ACT in furtherance of
(beyond "mere planning")
5 Elements of Heat of Passion Defense:
What is...
1) sudden/immediate
2) caused by victim
3) extreme (overwhelms deliberation)
4) "mere words not enough"
5) no "cooling off" period