Vicarious Liability
Inchoate Crimes
Crimes Against Persons
Liability Defenses
Examples/Scenarios
100
1. Principals in the first degree - Persons who actually commit the crime. 2. Principals in the second degree - Persons present when the crime is committed and help commit it. 3. Accessories before the fact - Persons not present when crime's committed, but helped before it. 4. Accessories after the fact - Persons who help after crime was committed.
What are the Four Parties to Crime?
100
General Attempt Statute - applies to all crimes Specific Attempt Statute - defines attempt in terms of specific crimes
What are the two types of Attempt Statutes?
100
The rule that is most-widely used to determine whether a person is a person, and therefore able to be a homicide victim.
What is the Born-Alive Rule?
100
The McNaughtan Rule, Irresistible Impulse Test, Durham Rule, and The MPC Test are all used to determine the defendants' mental capacity.
What are Tests of Insanity?
100
Joy walks in on her husband and another woman having sexual relations. Infuriated, she storms out of their house and stays with her mother for the week. By the end of the week and still angry as ever, Joy buys a handgun. She goes back to the home she shares with her husband and shoots him point-blank in the head killing him instantly.
What is First Degree Homicide?
200
The rule that the crime of conspiracy and the crime the conspirators agree to commit are separate offenses.
What is the Pinkerton Rule?
200
Requires words that convey that their purpose is to get someone to commit a specific crime.
What is the mens rea of solicitation?
200
The element required to distinguish the killing of another person as murder rather than manslaughter.
What is Malice Aforethought?
200
At this age it's been decided that children are presumed to have no criminal capacity, but the presumption could be overcome.
What is 7-14?
200
Jack and Jill set up an agreement to go up the hill and steal pails from their local gardening supply store for water. Jill will distract the cashier while Jack got the pails and took them out to the car.
What is Conspiracy?
300
Statutes based on parents' acts and omissions; based on the parent-child relationship.
What are Parental Responsibility Statutes?
300
The defense that what the actor attempted was in fact not a crime.
What is a Legal Impossibility?
300
A killing done by someone "not of sound memory and discretion."
What is Excusable Homicide?
300
In the person (mental disease/defect, age restraints, etc.) In the situation (entrapment, duress, intoxication, etc.)
What are Excuse Abnormalities?
300
A terminally ill patient requests that her caregiver administers a deadly dose of medication so that she may die on her own terms; and not those of her illness. The caregiver agrees and the woman dies after she's given the medication.
What is Euthanasia?
400
The types of relationships central to vicarious liability cases.
What is a business relationship?
400
Defendant clearly intended to commit the crime but changed his/her mind & abandoned the idea (valid in federal courts and 25+ states).
What is Voluntary Abandonment?
400
The primary element that distinguishes between first and second degree murder is that first degree murders are..
What is Premeditated & Deliberate?
400
The only defense that claims out-right innocence.
What is an Alibi?
400
Tyler's girlfriend is pregnant. He, however, does not want the baby. His girlfriend's very excited to be a mom & absolutely refuses to have an abortion. Because of this, Tyler slips some bleach into his girlfriend's water. She drinks it, and instantly feels a burning sensation in her throat/stomach and begins vomiting violently. She's taken to the hospital where doctors resolve the problem, and neither mother nor baby are hurt.
What is Attempted Murder?
500
Scenario: My friend Joe- "Lend me your pistol." Me- "What for?" Joe- "So I can rob the gas station." Me- "Ok, but only if I get 50% of the take."
What is Accomplice Purposeful Mens Rea?
500
Wheel - one or more defendants participate in every transaction while others participate in only one transaction. Chain - participants at one end of the chain may know nothing of those at the other end, but every participant handles the same commodity at different points.
What are the two types of conspiracy?
500
Mutual combat (fighting), assault and battery, trespassing, and adultery are examples of this.
What is Adequate Provocation?
500
Entrapment, Double Jeopardy, Collateral Estoppel, Selective Prosecution, Denial of a Speedy Trial, Prosecutorial Misconduct, & Police Fraud
What are Procedural Defenses?
500
Luke had a few too many at the bar tonight after work. He still decides to drive himself home regardless of being drunk. While driving, Luke starts swerving on the road and hits a pedestrian walking across the crosswalk at a red light. The pedestrian does not survive his injuries.
What is Involuntary Manslaughter?
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