Criminal law chapters 4-7
what is the three primary means of assistance
- Assistance by physical conduct ( getaway car driver) - assistance by psychological influence (repeated encouragement to commit the crime ) - assistance by omission when there is a duty to act ( failure to intervene when someone is abusing your child)
what are the 3 creative excuse defenses
- Based in physiology - Based on Psychology - sociology excuse
what is the complications to self defense
- Castle doctrine - battered women syndrome
how many waivers are there & what are they
- Discretionary wavier - mandatory waiver - presumptive waiver
What are the 5 legal defense categories
- Justification - excuse - failure of proof - offense Modification - Non-exculpatory defense
what is the castle doctrine
- a nonsgressor is not required to leave his or her home( you have no duty to retreat your home )
acts AFTER the crime is committed
- accessory
is a person who helps the principal after the criminal event takes place they are a ....
- accessory after the fact
acts BEFORE or during the crime
- accomplice
what are the elements of crime for conspiracy
- agreement - specific intent - overt act
what are the three inchoate crime
- attempt - conspiracy - solicitation
what does deadly force in law enforcement defense say
- because of Tennessee v garner says you cannot use deadly force to subdue a fleeing felon
there is 2 main types of vicarious liability
- corporate - individual
What is the 4 elements of crime for accessory
- crime committed by someone else - knew crime was committed - acted for the purpose of hindering prosecution - personally aided the offender after the crime
what are the two types of impossibility defense
- factual - legal
what are the three element of defense of others
- force would be justified to protect himself - belief victims is justified in using force - belief intervention is necessary
what are the two types of defense of attempt
- impossibility - abandonment
what is the element to an accomplice
- intent to aid ( wants to helps mens rea) -Assistance by Actus reus(physical conduct) - Intent to commit underlying offense ( mens rea)
what are the elements of attempt
- intent to commit the crime - overt towards commission - failure to complete - apparent possibility of commission
what is a nonproxyable offense
- is a crime that can only be committed by a specific person or class or persons
what if they are guilt but is mentally ill
- is the defendant is guilty they would get mental help Astrid of going to prison
law enforcement nondeadly force
- is used to prevent a crime - stop a crime and make an arrest
What is the battered women syndrome
- it is not officially known as legal defense - it leads abused women to kill there abuser when they are not in imminent danger
what are the three rationale of excused defense
- lack of deterrence - lack of causation - lack of moral blame
what are the test of the actus reas of attempt
- last act - psychical proximity - dangerous proximity - indispensable element - probable desistance - unequivocally - MPC substantif step
what are the three mechanisms to transfer a juvenile to adult court
- legislative exclusion - wavier - concurrent jurisdiction
what us corporate liability
- liability of an employer for its employees and agents
what are the three primary reasons to justifications defense
- public benefit - superior interset - moral rights
what are the 6 justification defenses
- self defense - defense of others - defense of home and property - law enforcement defense - necessity - consent
for entrapment defense what are the two test
- subjective - objective
what is make my day law( only in some states )
- the use of deadly force to protect there homes from intruders
what are the element of self defense
- unprovoked attack - imminent danger - absence of alternatives - proportionality
What are the three components of Sociological excuses
- urban psychosis - urban survival syndrome - Black rage
what are the excuse defense
-Duress - intoxication - entrapment - age (young) - insanity - creative excuse
types of large scale conspiracies
-spoke and wheel, - chain, -wheel and chain
how may common law age presumptions
3
how many tests are there to detect if it was an insanity defense and what are they
4 M; nahten irresistible impulse durham substantial capacity
by rising the defense with evidence the defendant does not need to testify ex: insanity
Affirmative defense
•Not vicarious liability, but based on the adult's actions (i.e. buying beer for teenagers)
Contributing to the Delinquency of a Minor
The offender's conduct is in "dangerous proximity to success"
Dangerous Proximity
people below a certain age cannot form the requisite criminal intent
Defense of age
the product test determines if the crime is the product of a mental defense or defect
Durham
The persecution did not prove all the elements of course beyond reasonable doubt
Failure to proof
Looks at what, if anything, is lacking such that the crime could not be completed
Indispensible Element
Focuses on the ability of the defendant to conform his conduct to the law
Irresistible impulse
The defendant claims his actions were right or justified based on the circumstances
Justification
what are the two affirmative defenses
Justification and excuse
which test is the oldest
M'Naghten
it is the right or wrong focuses on the defendants ability to understand what he or she did wrong
M'naghten
Offender takes a substantial step that corroborates the criminal purpose
MPC Substantial Step
is when the criminal offense shields the defendants from criminal liability
Offense modification
•Based on vicarious liability for failure to control your own child and prevent criminal activity
Parental Responsibility Laws
The offender is "nearly able" to complete the crime
Physical Proximity
: a defendant can be charged BOTH with the crime of conspiracy and the completed crime ex- can be charged both with conspiracy to commit murder and, if successful, the crime of murder
Pinkerton rule
Unlikely the offender will stop his activities towards commission of the crime
Probable Desistance
an employer is liable for the actions of its agents and employees while in the course of employment
Respondent superior
what are the two parts of entrapment
Subjective( looking inside the mind) objective( looking from the outside)
It is the model penal code test it combines Volitional and cognitive components which are the M'nagthen and irresistible test
Substantial capacity
A normal law abiding citizen views the offender's actions as criminal
Unequivocality
what does perfect defense to Acquittal mean.
a not guilty verdict and a get out of jail free card
complete and voluntary change of heart
abandonment
if someone encourages or commands another to commit the crime or offend there they are a .....
accessory before the fact
presumption against capacity
age 7-14
when the victim voluntarily agrees to physical contact with the defendant
consent
•was defined as an agreementbetween two or more persons to commit a criminal act
conspiracy
there is two main types of laws for child behavior
contributing to the delinquency of an minor - parental responsibility laws
a person may only use nondeadly force to protect their personal property
defense of property/home
the defendant did not form the requisite criminal intent due to a medical disease or defect
diminished capacity
what is the difference between duress & necessity
duress is when there it a threat of force use to make you do something against you will and necessity is when you a choosing the lesser evil.
the defendant admitted his conduct was wrong but claims he should be excused based on his circumstances
excuse
extraneous circumstances prevent the defendant from completing the crime; generally NOT a valid defense
factual
which one is generally not a valid defense
factual
can the defendant be guilty of both the attempted and completed crime
false
true or false if the primary person was acquitted does that go for the accomplice as well
false
true or false - can you use deadly force to protect your property ex- computer
false
true or false generally, not a defense to a crime is involuntary intoxication
false its voluntary intoxication
what is stand your ground
if an innocent person is lawfully able to Stan d where they are they do not need to retreat
what is an inchoate crime
in an initial or early stage incipient imperfectly formed or developed
one person is criminally responsible for another acts
individual liability
what is competency to stand trail
it focuses on the defendant at trial
what does imperfect dense to convicted of a lesser crime mean
it is not a jail out of free card it just knocks down a few sentence off
The offender committed the last act necessary to complete the target crime
last act
even if completed, the action is not a crime; generally IS a valid defense
legal
which one is generally is a vail defense
legal
when you are stuck in the middle of choosing to stay out in the snow freezing or breaking the law by entering a home chose the lesser evil
necessity
defense unrelated to the elements of the crime of the defendants alleged fault of guilt (statues of limitation)
non-exculpatory defense
law enforcement 2 parts
nondeadly force deadly force
the test that focuses on the police's conduct, does not look at the defendant's predisposition does not go inside the mind of the defendant
objetive
criminal capacity presumed
over 14
what's the latin word for corporate liability
respondent superior
One central actor (the hub) has control of all aspects of the conspiracy, while the others (the spokes) only control one aspect
spoke and wheel
which test focuses on the defendants presuppositions and if predisposed to commit the crime there is no defense
subjective
what does insanity focus on
the defendant when the crime occurred - if in the moment that the crime was created did you understand what u was doing
what is hearsay
to prove the existence of a conspiracy basically he said she said
involuntary intoxication is a valid defense against crime
true
true or false all three crimes have the intent to commit the crime
true
true or false can the accomplice still be convicted even tho the primary person was acquitted
true
no criminal capacity
under 7
what are some examples used as excuses
when someone is under duress or entrapment
attempt is
when something went wrong but u wanted to commit the crime