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Terms in this set (75)
Essential elements of a crime
1) Act Requirement
2) Mental State
2 Voluntary Intoxication
5 Self Defense
Crime may be prosecuted in any state where an ACT that was part of the crime took place, or the RESULT took place
Criminal Burden of Proof
Prosecution must prove EACH element BEYOND A REASONABLE DOUBT
Felony = punished by >1 year in prison
Misdemeanor= maximum punishment of 1 year
NC, length of imprisonment doesn't prove classification
ALL VOLUNTARY bodily movements may be the basis for criminal liability
Involuntary movements are not considered ACTS: i.e. one that is not of their own volition(getting pushed), sleepwalking/otherwise unconcious activity, Reflex/convulsive acts
A failure to act may be the basis for Criminal Liability if ALL 3 Requirements Met:
1) Legal Duty to act (Created by statute, contract, status relationship(parent-child, spousal) voluntary assumption/rescue, and Creation of the Peril
2) Knowledge of the facts which gave rise to the Duty,
3) Ability to Help
Possession means "CONTROL for a period of time long enough to have AN OPPORTUNITY to terminate possession.
CONSTRUCTIVE POSESSION: Actual possession not required, mere DOMINION and CONTROL enough.
MENTAL State: KNOWLEDGE(of the possession and of the character of the item possessed)
Common Law Mental States
1) Specific Intent: crime requires a desire to do the ACT and the desire to achieve a Specific Result
2) Malice: Defendant acts Intentionally or with Reckless Disregard of an obvious/known risk.
3) General Intent: Defendant need only be Generally AWare of the factors making up the crime, he NEED NOT INTEND a specific Result.
4) Strict Liability: no mental state required, mental state enough
Specific Intent Crimes
Crimes against the Person: 1) Assault, 2) 1st Degree Premeditated Murder
Crimes against Property: 1) Larceny, 2) Embezzlement, 3) False Pretenses, 4) Robbery, 5) Forgery, 6) Burglary
Inchoate Crimes: 1) Solicitation, 2) Conspiracy, 3) Attempt
Defendant acts Intentionally or with Reckless Disregard of an obvious/known risk.
2 types: Murder, Arson
General Intent Crimes
Defendant need only be Generally AWare of the factors making up the crime, he NEED NOT INTEND a specific Result.
1)Battery, 2)Forcible Rape, 3)False Imprisonment, 4)Kidnapping
Strict Liability Crimes
Act is enough, no mental state required: 2 types
PUBLIC WELFARE OFFENSES( selling alcohol to a minor, selling contaminated food, corrupting a minor)
& STATUTORY RAPE
MPC Mental States
1) Purpose: Act is Defendant's CONSCIOUS DESIRE to accomplish particular result.
2) Knowledge: Defendant is AWARE of what he's doing, or PRACTICALLY CERTAIN his conduct will create result.
3) Recklessness: Defendant is AWARE of a substantial, unjustifiable risk & CONSCIOUSLY DISREGARDS risk
4) Negligence: Defendant SHOULD HAVE been AWARE of substantial, unjustifiable risk.
5) Strict Liability: act alone enough
Actual (But for) Causation: D is actual cause if result wouldn't occur But For the D's action. ALSO: accelerating the result is still BUT FOR causation.
Proximate Cause: D is proximate cause if bad result is Natural and Probable Consequence of D's act. UNFORESEEABLE Intervening Events negate Proximate cause. BUT Pre-existing weakness WONT negate proximate cause.
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