Chapter 7
Accessory to a crime is a separate offense, usually a
Misdamenor
A conspiracy where participants at one end may know nothing of those at the other end, but every participant handles the same commodity at different points, such as manufacture, distribution, and sale is known as
a chain conspiracy.
Name the three types of homicide :
justifiable, excusable, and criminal.
born-alive rule means :
homicide law once said that to be a person, and therefore a
homicide victim, a baby had to be “born alive” and capable of breathing and maintaining
a heartbeat on its own
accessories after the fact means :
persons who help after the crime is committed
Which liability has to be created by statute?
vicarious liability
All inchoate offense share two elements: the actus reus of taking some steps toward accomplishing the criminal purpose—but not enough steps to complete the intended crime, and
the mens rea of attempt.
In State v. Snowden, Snowden was convicted by a jury for :
firstdegree pre-meditated murder.
serious bodily injury means :
bodily injury that involves a substantial risk of death;
protracted unconsciousness; extreme physical pain; protracted or obvious
disfigurement; or protracted loss or substantial impairment of a function of a bodily
member, organ, or mental faculty
conspiracy means :
an agreement to commit some other crime
What was the Court’s rationale for extending vicarious liability by the doctrine of respondeat superior?
“the history of the times”
Legal impossibility is
a defense to attempt liability.
Name the 4 types of murder :
first-degree murder, second-degree murder, voluntary manslaughter, and involuntary manslaughter.
murder actus reus means :
the act of killing by poisoning, striking, starving, drowning, and a thousand other forms by which human nature can be overcome
legal impossibility means :
occurs when actors intend to commit crimes, and do everything they can to carry out their criminal intent, but the criminal law doesn’t ban what they did
What is the name of the rule that the conspiracy to commit the crime and the crime committed as a result of the conspiracy are different offenses?
the Pinkerton rule
What is the name of the crime of agreeing with one or more people to commit a crime?
conspiracy
List at least three felonies that have been held inherently dangerous to life include:
- Shooting at an inhabited dwelling
- Poisoning with intent to injure
- Arson of a motor vehicle
- Grossly negligent discharge of a firearm
- Manufacturing methamphetamine
- Kidnapping
- Reckless or malicious possession of a destructive device
murder mens rea means :
can include purposeful, knowing, or reckless as the mental element in killing
factual impossibility means :
occurs when actors intend to commit a crime and try to but it’s physically impossible because some fact or circumstance unknown to them interrupts or prevents the completion of the crime
What are the two parties to crime that exist today?
accomplices participants and accessories participants
The Model Penal Code’s substantial steps test (also called the “MPC test”) was designed to accomplish three important goals. Which of the following is not one of those goals?
end all use of proximity and unequivocality tests with a clearer and easier-to-understand-and-apply test
List the elements of murder.
1. Murder actus reus, the act of killing
2. Murder mens rea, intentional, knowing, or extremely reckless killing
3. Causation, the act caused
4. Death
5. Attendant circumstances, if there are any
bifurcation procedure means :
a mandate that the death penalty decision be made in two phases: a trial to determine guilt and a second separate proceeding, after a finding of guilt, to consider the aggravating factors for, and mitigating factors against, capital punishment
last act rule means :
attempt actus reus requires all but the last act needed to complete the crime