Chapter 4
What are the 2 elements of attempt?
1. Specific intent.
2. Substantial steps.
What is the difference between factual and legal defense.
Factual defense: someone says they did not commit the crime.
Legal defense: Legally there is a reason someone is not criminally responsible.
What are the 2 elements of murder?
1. intent to kill
2. the person's actions led to the killing of another person
What are the 3 main common inchoate offenses and give an example of each.
1. Criminal attempt
2. Criminal solicitation
3. Criminal conspiracy
What are the 2 types of legal defenses? Give an example of each.
Justifications = Admitting to the crime but saying it was necessary to prevent/avoid a greater evil. (ex: self-defense)
Excuses = when the accused makes a claim that due to some personal circumstance or condition at the time of the act he/she should not be held criminally responsible. (ex: insanity)
What is manslaughter?
The killing of one person by another without prior intent to kill.
What are the 3 reasons for making inchoate acts criminal offenses?
1. To intervene before the commission of a substantive crime.
2. Acts done to prepare for the crime show the defendant's inclination to commit the crime.
3. Acts done in preparation should not be unpunished just because the crime was not finished.
What is the castle doctrine?
A doctrine saying a person can use force to defend themself in their legally occupied place. (ex: house)
What are the 3 types of homicide? Give an example of each.
Justifiable Homicide: one human killing another under circumstances authorized by the law.
Excusable Homicide: one person kills another by either by mistake or in an act of self-defense.
Criminal Homicide: the unlawful killing of another person.
What is 1 of the 7 substantial steps and give an example of the step.
1. Lying in wait, searching/following victim
2. Enticing, seeking to entice the victim to go where the crime will be committed
3. Reconnoitering the place where the crime will occur
4. Unlawfully entering a structure, vehicle, or enclosure that is the contemplated scene of the crime
5. Possessing materials to be used in a crime that were designed for the crime or that under the circumstances serve no lawful purpose.
6. Possessing, collecting, or fabricating material to be used in the commission of a crime at or near the scene of the crime, where such possession, collection, or fabrication serves no lawful purpose.
7. Soliciting an innocent agent to engage in conduct constituting an element of the crime.
What is culpable ignorance?
When someone does not take normal care to learn the law they may be criminally responsible.
What type of murder involves killing multiple people at the same time?
Mass murder
What is the difference between accomplice and accessory?
Accomplice is someone who aids another person in committing a crime. Accessory is someone who helps a person who has committed a criminal act after the act has been completed with the goal of preventing them from getting punished for the crime committed.
In Sec. 53a-21 use of physical force in defense of property, what is the level of physical force allowed for defending property.
You can use reasonable physical force if someone is trying to steal your property, but you cannot use deadly force unless it is to defend a person.
What are the 4 types of serial killers?
1. Mission Oriented = these killers have a belief that their life goal or mission is to eliminate particular types of people from society.
2. Hedonistic = these killers are looking for thrills during their killing, many of these type have sexual fantasies involved in their behavior.
3. Power Oriented = these killers are looking to control and overpower their victims and they enjoy seeing their victims suffer and beg for mercy.
4. Visionary = these killers claim that they are following orders or direction from a vision or a voice