Vocab
Utilitarian and Retributive
What are the theories of punishment?
Self-Defense, consent, and necessity
What are justifications?
solicitation, conspiracy, and attempt
What are inchoate crimes?
The requirement of a guilty mind or legally proscribed mental state a defendant must possess in order to commit a crime
What is Mens Rea?
A person who, with the requisite mens rea, aids or abets a principal prior to or during the commission of the crime.
What is an accomplice?
Purposely, Knowingly, Recklessly, and Negligently
What are the levels of culpability?
Insanity and intoxication
What are excuse defenses?
a conviction for ______ does not merge into a conviction for the completed crime.
What is conspiracy?
Imposes criminal liability on the defendant for the actus reus of a third party.
What is Vicarious Liability?
Relationships that create a duty
i) Imposed by statute (e.g., obligation to file tax return; obligation to register for selective service);
ii) Contract (e.g., lifeguard saving drowning person; nanny who neglects a baby’s care);
iii) Special relationship (e.g., parent’s duty to her child, or duty to one’s spouse);
iv) Detrimental undertaking (e.g., when defendant, with no duty otherwise, undertakes to assist a victim, leaving the victim in worse condition after such assistance); and
v) Causation (e.g., failing to aid after causing victim’s peril).
Has a special relationship, is aware and had the opportunity to act but did nothing
What is omission?
A and B agree to steal a painting from a house at night when the owners are out of town. The painting turns out to be missing from the house on the night that they break and enter to steal it
What is a factual impossibility
Generally prohibits a defendant from being convicted of both a crime and a lesser-included offense (i.e., an offense all the elements of which are also elements of the more-significant crime), such as robbery and larceny. Many jurisdictions characterize this prohibition as a “merger” of the lesser-included offense into the greater.
What is the Double Jeopardy Clause?
Crimes that do not require mens rea
What are strict liability crimes?
V took a watch off of a table believing it was his but actually stole his friends watch
What is mistake of fact?
Actor is held liable even though they do no satisfy the offense element
What is imputation?
Reliance on an official misstatement of law OR Mistake due to the unavailability of the law
What is mistake excuses?
Is applied to determine whether an attempt has occurred
What is the substantial step test?
A ____ of fact is a defense to a specific intent crime, even if the ____ is unreasonable.
What is a mistake of fact?
“Trust in the Lord with all your heart, and do not lean on your own understanding.” “Fear not, for I am with you; be not dismayed, for I am your God; I will strengthen you, I will help you, I will uphold you with my righteous right hand.”
What is we're all going to get A's <3
A person’s conduct constitutes both a felony and a misdemeanor this happens. However, if the crimes are of the same degree, i.e., all felonies or all misdemeanors, then there is no ______
What is merger?
McNagthen, Irresistable Impulse, Durham "Product", ALI (MPC), and Federal
What are the Insanity Defense Tests?
Unripened
What is inchoate?
Person whose acts or omissions are the actus reus of the crime, or, in other words, the perpetrator of the crime.
What is a principle?
The best defense that was brought up in class
What is diplomatic immunity