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