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Social Science Law
Social Science Law Criminal Law Criminal Law questions and correct answers (elaborations) with 100% accurate , verified , latest fully updated , 2024/2025 ,already passed , graded a+, complete solutions guarantee distinctions rationales| 5-star rating
STUVIA 2024/2025
1. Social Science
2. Law
3. Criminal Law
Criminal Law
Terms in this set (80)
Original
Under modern law, describe how merger of crimes works generally, and then in regard to some
specific crimes.
Generally, there is no merger of crimes in American law. However, a person who SOLICITS another
to commit a crime may NOT be convicted of both solicitation AND the completed crime.
Similarly, a person who completes a crime after ATTEMPTING it may NOT be convicted of both the
attempt AND the completed crime.
However, a person CAN be charged both with CONSPIRACY to commit a crime AND the completed
crime.
Can a defendant be convicted of more than one inchoate crime? Ex. conspiracy + attempt?
NO. Under the M.P.C., a D may NOT be convicted of more than one inchoate crime (attempt,
solicitation, conspiracy) when their conduct was designed to culminate in the commission of the same
offense. Differentiate between a FELONY and a MISDEMEANOR.
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FELONIES are generally punishable by death or imprisonment for more than one year.
All other crimes are MISDEMEANORS.
List the elements of a crime.
1. Actus Reus (a physical act)
2. Mens Rea (a mental state)
3. A concurrence of the act and mental state (D must have had the intent necessary for the crime at
the time they committed the act constituting the crime, and the intent must have prompted the act).
Some crimes may also require proof of a result and causation (meaning the act caused the harmful
result).
Discuss the "actus reus" element of crimes, what are we looking out for?
A D must have either (1) performed a voluntary physical act or (2) failed to act under
circumstances imposing a legal duty to act. An act is a bodily movement. Actus Reus does NOT
include things like (1) sleepwalking, or (2) involuntary movements i.e. reflexive or convulsive
movements, (3) other similarly unconscious movements.
The FAILURE TO ACT gives rise to liability if: (1) there is a legal duty to act, (2) the defendant has
knowledge of the facts giving rise to the duty to act, AND (3) it is reasonably possible to perform
the duty.
In the context of actus reus, under what circumstances can a legal duty to act arise such that
FAILURE to act gives rise to liability?
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(1) If the D's actions creates the peril to the victim.
(2) If the D has certain relationships with the victim (parent-child).
(3) If the D voluntarily assumed responsibility to care for the victim ("I'll help you, hold on!!" - and then
does nothing - The Rock Johnson example)
(4) By statute (ex. failure to file a tax return)
(5) By employment contract (ex. a lifeguard or nurse or doctor has legal duty to act WHILE ON
DUTY)
Keep in mind that there is no general Good Samaritan law, so a D is not liable for failure to help or
rescue another person unless he had a duty to do so - no matter how easy it would be to help.
Define "specific intent" and tell me why I gaf.
Sometimes, crimes may require not only the doing of the act, but also the doing of it with a SPECIFIC
INTENT or objective. This requires looking into the MANNER in which the crime was committed.
The importance of being able to spot specific intent crimes is that they will qualify for additional
defenses not available for other types of crimes. These defenses are:
(1) Voluntary Intoxication
(2) Unreasonable Mistake of Fact
What are the major specific intent crimes and the intents they require?
Remember the mnemonic: Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts
Solicitation: Intent to have the person solicited commit the crime.
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Conspiracy: Intent to have the crime completed.
Attempt: Intent to complete the crime.
First Degree Premeditated Murder: Premeditated intent to kill.
Assault: Intent to commit battery.
Larceny: Intent to permanently deprive the other of their interest in the property taken.
Embezzlement: Intent to defraud.
False Pretenses: Intent to defraud.
Robbery: Intent to permanently deprive the other of their interest in the property taken.
Burglary: Intent to commit a felony in the dwelling.
Forgery: Intent to defraud.
All other crimes are general intent crimes.
What are "malice" crimes and what showing of intent is necessary to prove them?
The intent necessary for malice crimes (common law murder and arson) requires a RECKLESS
DISREGARD of an OBVIOUS OR HIGH RISK that the PARTICULAR HARMFUL RESULT WILL
OCCUR. The special defenses for specific intent (voluntary intoxication and unreasonable mistake of
fact) do NOT apply to malice crimes.
How should we approach assessing whether a crime is a strict liability offense?
Step 1: Ask yourself, is this crime in the administrative, regulatory, or morality area (ex. "whoever
shall commit an act affecting the morals of a minor under 16 years of age shall be deemed guilty of
contributing to the delinquency of a minor.").
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