Parties and Preliminary Crimes
The name of the person who actually commits the crime
Who is the principal?
A premeditated, deliberate murder committed with intent to kill
What is first-degree murder?
When the Defendant's conduct, standing alone, demonstrates criminal attempt.
What is the res ipsa loquitur test?
If defendant, with the purpose of promoting or facilitating its commission he commands, encourages, or requests another person to engage in specific conduct that would constitute such crime or an attempt to commit such crime or would establish his complicity in its commission or attempted commission.
What is MPC solicitation?
A person may use NONdeadly force to if she reasonably believes that such force is necessary to prevent imminent, unlawful dispossession of property.
What is common law defense of property?
Asking, urging, or advising someone to commit a crime is called
What is solicitation?
Killing in the heat of passion, adequate provocation, no cooling off time.
What is voluntary manslaughter?
Requirement that the actor's conduct that constitutes the attempt must be intentional AND the actor must commit the actus reus of attempt w the specific intent to commit the target offense.
What is dual intent?
Merger doctrine does NOT apply
What is MPC conspiracy?
"I took it, but didn't know it wasn't mine at the time."
What is mistake?
An agreement to commit a crime, and an overt act.
What is conspiracy?
A killing that is committed purposely, knowingly, or recklessly manifesting an extreme indifference to human life.
What is MPC murder?
A conceptual dilemma that arises when, because of defendant's mistake of fact or law, his actions couldn’t possibly have resulted in the commission of the substantive crime underlying an attempt charge.
What impossibility?
This rule says that each conspirator is allowing the other conspirators to act as his agent in order to complete the criminal objective
What is the Pinkerton doctrine?
The "Castle Doctrine" and "Stand Your Ground" laws are extreme offshoots of this defense.
What is self-defense?
You might be one of these if you know someone has committed a crime and help the criminal escape.
What is an accessory after the fact?
You don't intend for someone to die, but your actions cause his or her death.
What is involuntary manslaughter?
This test looks to see how far Defendant’s conduct has progressed from point of initiation of target offense as opposed to how close defendant is to committing the crime
What MPC substantial step test?
To constitute the actus reus of CL solicitation, a party's words must be _____ ______ to the other party.
What is effectively communicated?
Not a defense, except perhaps to show that 1) it was involuntary and 2)the defendant could not have formed the intent element of the crime.
What is intoxication?
Intent to commit a crime, plus a substantial step.
What is attempt?
Someone is killed accidentally during a bank robbery.
What is felony murder?
A person isn’t guilty of criminal attempt, even if her actions constitute a substantial step in the commission of an offense if she abandons her effort to commit the crime or prevents it from being committed; AND Her conduct manifests a complete and voluntaryrenunciation of her criminal purpose
What is MPC abandonment?
Under MPC conspiracy, this is required unless the target offense is a serious felony.
What is an overt act?
These 3 aren't defenses to homicide under common law.
What are voluntary intoxication, duress and necessity?