- StudyBlue
- Pennsylvania
- Temple University
- Law
- Law 616
- None
- I. Introduction and Essential Elements
I. Introduction and Essential Elements
Law 616 with None at Temple University
About this deck
By: Stephanie Robbins
Created: 2011-06-16
Size: 39 flashcards
Views: 0
Created: 2011-06-16
Size: 39 flashcards
Views: 0
About StudyBlue
STUDYBLUE makes things that make you better at school.
Things like online flashcards with photos and audio.
Things like personalized quizzes and friendly reminders about when (and what) to study next.
Think of it as a digital backpack™: access to all of your study materials online and on your phone.
STUDYBLUE exists to make studying efficient and effective for every student, for free. Join us.
“I have been getting MUCH better grades on all my tests for school. Flash cards, notes, and quizzes are great on here. Thanks!”
Kathy
Kathy
Sign up (free) to study this.
What are the four essential elements of crimes?
- Physical act
- Mental state
- Causation
- Concurrence
What are the three inchoate offenses?
- Solicitation
- Conspiracy
- Attempt
What are the six defenses?
- Insanity
- Intoxication
- Infancy
- Self-defense
- Necessity/Duress
- Entrapment
How is jurisdiction over a criminal case determined?
Territorially
- Where an act that was part of the crime took place, AND/OR
- Where the result took place
What is the burden of proof to prove elements of a crime and who carries the burden?
- Beyond a reasonable doubt
- Prosecution
Once a defense is raised by D, what is the burden of proof to disprove the defense and who carries the burden?
- Beyond a reasonable doubt
- Prosecution
In an insanity defense, what is the burden of proof and who carries the burden?
MOST states:
- Preponderance of the evidence
- Defense
What is a felony?
A crime that may be punished by more than one year in prison.
What is a misdemeanor?
A crime for which the maximum punishment may not exceed one year in prison.
What is an act?
A voluntary bodily movement
What three requirements must be met for an omission to be a crime?
- Legal duty to act
- Knowledge (of facts giving rise to duty), AND
- Ability to help
What are the five ways in which a legal duty to act is created?
- Statute
- Contract
- Status relationship (parent/child, husband/wife)
- Voluntary assumption of care
- Ability to help
What are the four common law mental states?
- Specific intent
- Malice
- General intent
- Strict liability
What is a specific intent crime?
A crime requiring the desire to do the act and the desire to achieve a specific result.
What are the eleven specific intent crimes?
- AGAINST PERSON: assault, first-degree premeditated murder
- AGAINST PROPERTY: larceny, embezzlement, false pretenses, robbery, forgery, burglary
- INCHOATE: solicitation, conspiracy, attempt
What is a malice crime?
A crime that occurs when D acts intentionally or with reckless disregard of an obvious or known risk.
What are the two malice crimes?
- Murder
- Arson
What is a general intent crime?
One in which D need only be generally aware of the factors constituting the crime; he need not intend a specific result.
What are four examples of general intent crimes?
- Battery
- Kidnapping
- False imprisonment
- Forcible rape
What is a strict liability crime?
A crime that simply requires doing the act; no mental state needed.
What are two types of strict liability crimes?
- Public welfare offenses (regulatory or morality offenses, small penalties)
- Statutory rape
Is a mistake of fact a "defense"?
Yes, depending on the state of mind and whether the mistake is reasonable or unreasonable.
Is a mistake of fact a defense for a specific intent crime?
YES, any (honest) mistake (even if unreasonable) is a defense
Is a mistake of fact a defense for a general intent crime?
YES, but ONLY a reasonable (and honest) mistake will be a defenses
Is a mistake of fact a defense for a strict liability crime?
NO
Is a mistake of law a defense?
NO.
What are the four exceptions to the general rule that a mistake of law is not a general defense?
- Statute makes knowledge of law an essential element
- Statute unavailable
- Reasonable reliance on statute/judicial decision that was overruled/declared unconstitutional
- Reliance on official interpretation/advice from someone charged with enforcement
What are the four mental states under the MPC?
- Intentionally (or purposefully)
- Knowingly
- Recklessly
- Negligently
MPC: When does D act intentionally (or purposefully)?
When D's conscious object is to accomplish a particular result
MPC: When does D act knowingly?
When D is aware of what he is doing
MPC: When does D act recklessly?
When D is aware of a substantial and unjustifiable risk, and consciously disregards that risk.
MPC: When does D act negligently?
When D should have known about a substantial and unjustifiable risk.
What are the three required elements of causation?
- Actual causation
- Proximate causation
- Concurrence
When is D an actual cause of a bad result?
When the bad result would not have happened but for D's conduct
When is D a proximate cause of a bad result?
When the bad result is a natural and probable consequence of D's conduct
What are the two key concepts in proximate cause?
- Foreseeability
- Fairness
Is D a proximate cause of V's injury if V is an eggshell victim?
YES, D = proximate cause if V's pre-existing weakness contributed to the bad result
Is D a proximate cause if there is an interveining cause?
NO. D is NOT a proximate cause if an unforeseeable, intervening event causes the bad result
What is concurrence?
The coincidence of D's mental state and D's act.
About this deck
By: Stephanie Robbins
Created: 2011-06-16
Size: 39 flashcards
Views: 0
Created: 2011-06-16
Size: 39 flashcards
Views: 0
About StudyBlue
STUDYBLUE makes things that make you better at school.
Things like online flashcards with photos and audio.
Things like personalized quizzes and friendly reminders about when (and what) to study next.
Think of it as a digital backpack™: access to all of your study materials online and on your phone.
STUDYBLUE exists to make studying efficient and effective for every student, for free. Join us.
“I have been getting MUCH better grades on all my tests for school. Flash cards, notes, and quizzes are great on here. Thanks!”
Kathy
Kathy