Criminal liability
what is criminal conduct?
a criminal act triggered by criminal intent
what is perfect defense?
defenses in which defendants are acquitted if they’re successful
what is inchoate offense?
from the Latin “to begin”; crimes that satisfy the mens rea of purpose or specific intent and the actus reus of taking some steps toward accomplishing the criminal purpose—but not enough steps to complete the intended crime
what is insanity?
the legal term that refers to a mental disease or defect that impairs the reason and/or will to control actions
who created the RICO act?
RICO—refers to a controversial federal statute that originated under President Lyndon Johnson in 1968 and was signed into law by President Richard Nixon in 1970.
what are the elements of self defense?
Reasonable belief, nonaggressor, necessity, and Proportionality
what case shows the example of imperfect defense?
Swann v. U.S. (1994),
what is specific attempt statute?
separate statutes that define attempts in terms of specific crimes in the criminal code, such as attempted murder, attempted robbery, and attempted rape—crimes that involved a specific intent
what are some elements of insanity defense?
Defendants offer an insanity defense in less than 1 percent of all felony cases, and are successful only about one-quarter of the time.
Defendants found not guilty by reason of insanity are often confined in mental institutions for many years, and in some cases for a longer time than they would have been incarcerated had they been found guilty.
Few offenders “fake” insanity; most defendants who plead insanity have a long history of mental illness and prior hospitalizations.
In the large majority of cases, prosecution and defense expert psychiatrists agree on whether defendants are legally insane.
Are RICO crimes charged as one case or multiple cases?
RICO’s “pattern” element allows these crimes to be tried as only one case.
What kind of belief does self-defense require?
Is it enough that you honestly believed
(1)
that you were in imminent danger
(2)
that you needed to use force to fend it off; and
(3)
that you needed to use the amount of force you used?
In a perfect defense case if a person pleads insanity do the walk?
Defendants who successfully plead the excuse of insanity don’t “walk”—at least not right away.
what is MPC substantial step test?
test that requires that attempters take enough steps toward completing the crime to prove that they’re determined to commit it
what are some elements of proving insanity?
When the crime was committed (sanity).
When the defendant is charged and tried (competency).
Is RICO a white collar crime? If so what kind of white collar crimes are consider RICO?
Most RICO white-collar crime prosecutions rely on federal mail and wire fraud statutes.
What is the castle exception rule?
when you’re attacked in your home, you can stand your ground and use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily injury
who is Jacqueline Galas?
A New Port Richey prostitute, Jacqueline Galas, 23
what is conspiracy mens rea?
the mental element in conspiracy, frequently identified as specific intent by authorities, but it’s not defined clearly in statutes and it’s defined inconsistently by courts
what is the name of the right-wrong test?
McNaughtan rule
When was the first Rico white collar crimes case tried ?
United States v. Porcelli (1989)
In what case was the common-law codified?
State v. Stewart (1988)
what is choice of evil defense?
is the necessity to prevent imminent danger
what is criminal objective of the solicitation?
circumstance element that the objective of the solicitation is law breaking; the seriousness varies by jurisdiction from any violation to violent felony
what is the irresistible impulse test?
we can’t blame or deter people who, because of a mental disease or defect know, that what they’re doing is “wrong” but can’t bring their actions into line with their knowledge of right and wrong
How many times does it take to make it a RICO charge aganist local or state government?
But taking two small bribes satisfies the “pattern” element of RICO and triggers its severe criminal sentence and civil forfeiture provisions.