Show:
Rape
Homicide
Theft & Burglary
Justification & Excuses
Burden & Attempt & Accomplice & Conspiracy
100
What element of Rape did CA eliminate and decided to keep? Why?
Consent and against the will were a bit repetitive. It eliminated consent and kept "against the will." Against the will is not meant to be a burden on the victim and does not actualyl require physical resistance but rather it is meant to protect victims who are rendered unconscious (drugs, intoxicated) and are not able to consent.
100
Defendant decided to kill before committing the act that caused death. CA focuses on 1) planning 2) motive 3) manner of killing
What is premeditation? What factors do CA focus on?
100
What is the night time element of common law burglary?
It is too dark to recognize the face or countenance of the person in natural light.
100
What is the difference between a justification and an excuse?
A justification is when there is no morally culpability, thus the D is not deserving of criminal liability. An excuse is when the defendant is morally culpable but the law doesn't punish due to some characteristic of the actor (cop, legally insane person).
100
what element did the Model penal code (adopted by CA) add to the traditional common law test for conspiracy?
It added "overt act." An overt act act is done by one of the parties to carry out the intent and it must be a step towards the execution of the conspiracy. Unlike the crime of attempt, the overt can be in the zone of preparation because it is less than a "subtantial step." A criminal conspiracy is complete if the following elements are fulfilled: Elements 1. An agreement about the objective of the conspiracy; 2. Specific intent to achieve that objective; 3. An overt act in furtherance of the agreement
200
Genuine and reasonable belief in victim's consent? Mayberry/ Williams-Honest & reasonable belief but only if there is equivocal conduct on the part of the victim
What is the Mayberry defense? Which one does CA use?
200
What is second degree murder?
Intentional killing that is not premeditated or planned. Second degree usually is depraved heart or intent to cause serious bodily harm.
200
What is grand larceny?
taking from the person OR stealing more than $950
200
What is the Durham test?
the unlawful act was the product of a mental disease or defect.
200
Principle of the second degree
Who was present, aiding and abetting the crime in common law?
300
what is the Rape Shield Law, did CA adopt it?
a law that limits a defendant's ability to cross-examine rape complainants about their past sexual behavior, YES--> CA adopted it
300
"Heat of Passion," Imperfect Self Defense and Imperfect Defense of Others.
What defenses reduce murder to voluntary manslaughter?
300
--What a reasonable person would believe is an area requiring authorization to enter --Taking off window screen is sufficient for entry because a reasonable person would believe that space is unauthorized
What is CA's Reasonable Belief of Unauthorized space (CA v. Valencia)?
300
the element of necessity defense
What is -faced with choices of evils - greater evil imminent - chose the lesser evil - choice had a good chance of avoiding the greater evil
300
What is a permissive inference in a case?
The jury may accept or reject the inference from the existance of the presumed fact (fact A) to show fact B.
400
What was the common law age of consent and the CA age of consent?
Common law 10; CA 18
400
Defendant does not have the capacity to form mens rea/ requisite intent.
What is diminished capacity/imperfect insanity? No longer exists in California, abolished in 1980s. Still exists in New York.
400
What are the two exceptions when employee have possession? bonus what is the exception to the exception?
When 1. a third party gives the goods to an employee 2. when the employee is a managerial employee ** exception to 1: when the employee places the good in the employers receptacle, then the employee has custody and the employer has constructive possession.
400
CA Prop 8
what is the New M'Naghten Test? laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was doing OR that he did not know he was doing what was wrong
400
What are the 4 types of accomplices under Common law and under Modern law/trend?
Common law 1. Principal in the 1st degree (criminal actor) 2. Principal in the 2nd degree (Present, aiding, abetting) 3. Accessory before the fact (not present but orders, counsels) 4. Accessory after the fact ( helps prevent the apprehension or conviction of the accomplices) Modern Law 1. First 3 categories are "Accomplices" 2. Last type is an "obstruction of justice."
500
Honest mistaken belief, if defendant took reasonable steps to ascertain victim's consent
What is the Canadian lack of intent to rape defense?
500
Defendant's socially useless act created a very high risk of death or great bodily harm, which he was aware of.
What is Depraved Heart Murder in California? (1) act creating a very high risk of death or great bodily harm (2) with little or no social utility and (3) defendant’s subjective awareness of the risk
500
what are base animal and would it be larceny if stolen?
what are cats, dogs, fox, and monkey? no larceny if stolen
500
two types of mistake of law
What is type 1--> lack knowledge of a prohibiting the conduct charged or accused type 2 --> mistaken impression of the legal effect of something that caused the actor to misunderstood the full significance of his or her conduct
500
What is the Pinkerton Doctrine and does CA operate under it?
No, Ca rejects the Pinkerton Rule. The Pinkerton Rule is when co-conspirators are liable for all crimes of the other conspirators if the crimes were foreseeable and in furtherance of the conspiracy. CA works under accomplice liability.