True or False:
Regarding "withdrawal" is it true, one must repudiate any encouragement that he gave for commission of the crime, and he must at least attempt to neutralize any material assistance that he provided.
True.
A legal duty to act may arise from a:
Statute, contract, or voluntary assumption of care
In a majority of states, criminal attempt requires a specific intent to commit the crime and _________.
an act that constitutes a substantial step in commission of the crime.
The fact that the defendant committed a particular act is sufficient for the jury to infer that he acted with:
general intent
Under the Model Penal Code, a person acts negligently when:
he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such a failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances
For an individual to be convicted as an accessory after the fact under modern statutes, the crime committed by the ________ must be a felony, and it ___________ have been _________ at the time the accessory renders aid.
principal; must; completed
A defendant charged as an accomplice is responsible for the crimes he:
did or counseled and any other crimes committed in the course of committed the crime contemplated, as long as the other crimes were probable or foreseeable.
A person who has ________ the authorities _________ a crime has taken place would be subject to conviction if found liable as an accomplice.
notified; after
Under modern statutes, a ___________ possesses the requisite mental state and actually engages in the act or omission that causes the criminal result, and a(n) _______________ possesses the intent that the crime be committed and aids, counsels, or encoura
Principal; accomplice
Under modern statutes, what is the difference between a principal and an accomplice to a crime?
The principal actually commits the crime; the accomplice aids, counsels or encourages the principal
The Model Penal Code defines acting purposefully when:
...
A general intent requirement for a crime can be established by:
proof the defendant committed the criminal act.
What crime is traditionally a specific intent crime?
a) assault
b) kidnapping
c) battery
assault.
In order to be held criminally liable as an accomplice for additional crimes committed by the principal during the course of committing the contemplated crime, the additional crimes must have been:
probable or foreseeable.
An __________ is responsible for the crimes he did or counseled _______ for any other crimes committed in the course of committing the crime contemplated, as long as the other crimes were _________________.
accomplice; and; foreseeable OR probable
What mental state must an accessory after the fact possess?
An accessory after the fact must know the person he is aiding has committed a felony.
The Model Penal Code defines acting purposefully when:
it is the defendant's conscious object to engage in certain conduct or cause a certain result.
A person acts criminally negligent when:
fails to be aware of substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a substantial deviation from standard of care.
A person acts criminally reckless when:
consciously disregards a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow and this disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situatio
True or False:
A crime committed by the principal must be a FELONY and it must be COMPLETED at the time the accessory renders aid.
True.
an accomplice is criminally responsible for:
all crimes he did or counseled as well as any foreseeable or probable crimes committed during the course of the contemplated, regardless whether the accomplice could have been principal to the crime charged
What is an overt act:
a substantial step in a course of conduct planned to culminate in the commission of the crime that shows strong corroboration of the actor's criminal purpose.
The crime of solicitation is completed when:
the solicitation is made.
Common law conspiracy requires an _________________, and the intent to ___________________.
agreement between two or more parties; enter into an agreement and to achieve the objective of the agreement.
True or false:
For the crime of conspiracy necessary intent is the intent to agree __________ the intent to achieve the objective of the conspiracy.
True; and
A conspirator can be convicted of a crime committed by another conspirator if:
the crimes were committed in furtherance of the objectives of the conspiracy, AND the crimes were foreseeable.
What two requirements are necessary for a conspirator to be liable for crimes committed by a co-conspirator?
The crimes were committed in furtherance of the conspiracy's objectives AND were foreseeable.
The intent necessary to be convicted of conspiracy is:
the intent to agree AND the intent to achieve the objective of the conspiracy.
As to a charge of solicitation, the general rule is that withdrawal or renunciation from a solicitation.
Is not a defense to the charge; does recognize (provided the defendant prevents the commission of the substantive crime).
True or False:
Regarding a crime of solicitation, the crime is completed when the solicitation is made.
True. For criminal liability to attach, there is no requirement that the person solicited actually agree to commit the crime or that the person solicited actually commit or attempt to commit the crime.
The intent necessary to be convicted of conspiracy is:
the intent to agree AND the intent to achieve the objective of the conspiracy.
Sufficient intent to convict a defendant of an attempted crime:
Intent to perform an act and obtain a result if achieved would constitute a crime.
Is this a single conspiracy?
If the agreements have one common ___________ and it is established that any _____________ are reasonably independent of each other.
No. member; sub-agreements
Two requirements for a criminal attempt:
1. Specific intent to perform an act and obtain a result that if achieved would constitute a crime.
2. Overt act in furtherance of a crime.
A defendant charged with a completed crime can be found guilty of:
either a completed crime OR an attempt to commit the crime so long as the evidence supports such a verdict.
Under the majority view which of the following inchoate crimes does NOT merge into the completed crime?
a) attempt
b) conspiracy
conspiracy
if at least two parties are required to commit a substantive crime, but the relevant statute punished only one of the conspirators, then:
all may be convicted of conspiracy to commit a crime
What does the "Wharton Rule" state?
there is no crime of conspiracy unless more parties participate in the agreement than are necessary for the crime.
In most states, a defendant may be convicted of the principal offense AND:
a) a conspiracy to commit that offense.
b) a solicitation to commit that offense
c) an attempt of that offense.
a conspiracy
The intent necessary for the criminal attempt is:
the intent to perform an act and obtain a result that if achieved would constitute a crime.
Which of the following defendants would be found not guilty of solicitation due to being exempt from the charged crime?
a) a minor who solicits an adult to have sexual intercourse with another minor.
b) a minor female charged with solicitation of statutor
b) a minor female charged with solicitation of statutory rape by urging a man to have sexual intercourse with her.
If a conspirators are successful in completing the intended crime, they can be convicted of:
both the crime of conspiracy and the completed crime.
A defendant charged with murder ___________ be convicted of attempted murder; a defendant charged with attempted murder _____________ be convicted of murder.
may; may not.
What is a "hub and spoke" relationship?
The members of each agreement have little or no interest in whether the other agreements succeed.
What is a "factual impossibility"?
The crime could not have been successful due to ACTUAL circumstances.
CL murder:
1. Intent to kill or
2. Inflict great bodily injury or
3. Reckless indifference to an unjustifiably high risk to human life or
4. Commit a felony
What is adequate provocation?
1. Sudden and intent provocation that would cause an ordinary person to lose self-control
2. The defendant was in FACT provoked
3. There was not enough time between provocation and the killing for a reasonable person to cool off
4. The defendant did not i
Deliberate and Premeditated:
Defendant makes a decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing it is FIRST DEGREE murder.
Felony Murder:
Any death caused in the commission of, or in an attempt to commit a felony is FELONY MURDER.
Proximate Causation:
Natural and probable consequence
Kidnapping
Unlawful confinment
1. some movement of the victim OR
2. concealment of the victim in a "secret" place
Aggravated Kidnapping:
1. Ransom
2. Kidnapping to commit another crime
3. Kidnapping for offensive purposes
4. Child
Rape:
1. intercourse is accomplished by actual Force
2. Intercourse is accomplished by threat of great and immediate bodily harm
3. Victim incapable of consenting due to unconsciousness, intoxication, or mental condition
4. Victim tricked to believe act is NOT
Larceny is:
1. taking
2. and carrying away
3. tangible property
4. of another
5. by trespass
5. with the intent to permanently deprive
Embezzlement:
1. Fraudulent
2. Conversion
3. Of personal property
4. Of Another
5. By person who has lawful possession of said property
False Pretense:
1. Obtaining title
2. of personal property
3. of another
4. by intentional false statement
5. with intent to defraud
Larceny by Trick
1. Obtaining custody
2. Of personal property
3. Of another
4. By Intentional false statement
5. With intent to defraud.
Robbery
1. Taking
2. personal property
3. Of another
4. from other person's presence
5. by force or by immediate threats of death or physical injury
6. with intent to permanently deprive
Receipt of Stolen Property
1. receiving possession of stolen and control
2. of "stolen" personal property
3. known to be obtained in a criminal offense
4. by another
5. with intent to permanently deprive
Forgery:
1. making or altering
2. writing with apparent legal significance
3. so that it is false
4. with the intent to defraud
Malicious mischeif
1. malicious
2. destruction
3. of property of another
Burglary:
1. breaking
2. entry
3. of a dwelling (not really anymore)
4. of another
5. at nighttime (not really anymore
6. to commit a felony/or misdemeanor
Arson:
1. malicious
2. burning
3. of dwelling
of another
Embezzlement is:
fraudulent conversion of property of another by one who has lawful possession of it.
What is Larceny?
Larceny is the taking and carrying away of property by trespass with the intent to permeantely deprive the person of the property.
Larceny by trick:
Person commits larceny and obtains possession of property through some misrepresentation of fact (present or past).
False Pretense:
Person obtains title of property of another with intentional or knowing misrepresenation of fact with the intent to defraud.
May jury instructions require the defendant to disprove an element of the crime?
No. Due process requires the prosecution to prove each element beyond a reasonable doubt. Not all facts must be proven beyond a reasonable doubt, though.
Self-defense:
necessary to protect against the use of unlawful force.
A warrant must describe:
with precision the place to be searched and things to be seized.
Malice Aforethought exists if:
the defendant intended to kill (express malice); intended to inflict great bodily harm; acted with a reckless indifference to an unjustifiable risk to human life (depraved heart); commit a felony.
Robbery is:
taking property from another person or in their presence by force or intimidation with the intent to permanently deprive the person of the property.
Proximatey theory:
Defendant and accomplice are reasonable for all deaths that occur during felony.
Agency theory:
Defendants and accomplice are only reasonably for deaths they themselves commit during felony.
Toxication can eliminate what:
Specific intent. therefore no first degree murder.
May the death penalty be imposed on an accomplice in a felony murder, where the accomplice did not intend, take, or attempt to take life?
No. It is a violation of the 8th amendment.