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What is jurisdiction in criminal law?
The U.S. can criminalize conduct by its citizens anywhere globally; states can punish citizens for conduct connected to the state.
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What is Actus Reus?
A voluntary physical act or failure to act.
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What does Mens Rea refer to?
The mental state or intent of a person when committing a crime.
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What are the Four Common Law States of Mind?
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What is Specific Intent?
Intent to commit specific crimes like First Degree Murder, Inchoate Crimes, Conspiracy, Attempt, Solicitation, Assault with intent, Theft offenses.
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What does Malice mean in criminal law?
Acting with reckless disregard or knowing the risk and acting anyway, e.g., Arson, Murder.
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What is General Intent?
Knowing, recklessly, or negligently committing crimes like manslaughter and battery.
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What is Strict Liability?
No mens rea or intent needed; actus reus alone is sufficient, e.g., statutory rape.
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What are the Four Model Penal Code States of Mind?
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What is the Transferred Intent Doctrine?
Transferred intent does not apply to attempted crimes, only to completed crimes.
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What is Merger in criminal law?
Lesser included offenses merge into greater offenses; e.g., Larceny merges into Robbery.
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What is the age limit for criminal liability?
< 7 years = never liable; 7-13 = presumed incapable; 14+ = can be charged as adult.
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What are Aiders and Abettors?
Those who help before or during an offense are guilty of the same crime as the principal.
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What is a Mistake of Law defense?
Applicable only for FIAT crimes.
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What is the M’Naghten Rule for insanity defense?
Defendant did not know the nature of the act or that it was wrong due to mental disease or defect.
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What does MPC state about mental disease or defect?
Due to a mental disease or defect, ∆ did not have substantial capacity to appreciate the wrongfulness of his actions or to conform his conduct to the law.
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What is required for Conspiracy under Common Law?
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What is required for Conspiracy under Modern Federal Law?
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What is the difference in conspiracy under MPC?
Only ∆ has to actually agree.
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What defines First Degree Murder?
FIAT crime, so FIAT defenses apply.
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What is Manslaughter?
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What is Robbery?
Larceny + Assault/Battery
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What constitutes Extortion?
Larceny + Threat
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What is Embezzlement?
No Larceny + Conversion
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What is Burglary?
Breaking and Entering + Larceny
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What is the definition of Battery?
Unlawful + Force + to Another + that causes Bodily Harm or Offensive Touching
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What are the two types of Assault?
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What does Rape require under Common Law?
Unlawful + Sex + w/ a Female + Against her will through Force/Threat of Force
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What is Statutory Rape?
Consensual + Sex + w/ a Person Under Age 18
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What is Kidnap?
Unlawful + Confinement of Another + Against their Will
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What is Perjury?
Willful act of falsely promising to tell the truth about material matters.
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What is perjury?
Willful act of falsely promising to tell the truth about material matters.
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What does against their will imply?
Acting without the consent of the victim.
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What are the methods of moving or hiding a victim?
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What is jurisdiction in criminal law?
The U.S. can criminalize conduct by its citizens anywhere globally; states can punish citizens for conduct connected to the state.
What is Actus Reus?
A voluntary physical act or failure to act.
What does Mens Rea refer to?
The mental state or intent of a person when committing a crime.
What are the Four Common Law States of Mind?
What is Specific Intent?
Intent to commit specific crimes like First Degree Murder, Inchoate Crimes, Conspiracy, Attempt, Solicitation, Assault with intent, Theft offenses.
What does Malice mean in criminal law?
Acting with reckless disregard or knowing the risk and acting anyway, e.g., Arson, Murder.
What is General Intent?
Knowing, recklessly, or negligently committing crimes like manslaughter and battery.
What is Strict Liability?
No mens rea or intent needed; actus reus alone is sufficient, e.g., statutory rape.
What are the Four Model Penal Code States of Mind?
What is the Transferred Intent Doctrine?
Transferred intent does not apply to attempted crimes, only to completed crimes.
What is Merger in criminal law?
Lesser included offenses merge into greater offenses; e.g., Larceny merges into Robbery.
What is the age limit for criminal liability?
< 7 years = never liable; 7-13 = presumed incapable; 14+ = can be charged as adult.
What are Aiders and Abettors?
Those who help before or during an offense are guilty of the same crime as the principal.
What is a Mistake of Law defense?
Applicable only for FIAT crimes.
What is the M’Naghten Rule for insanity defense?
Defendant did not know the nature of the act or that it was wrong due to mental disease or defect.
What does MPC state about mental disease or defect?
Due to a mental disease or defect, ∆ did not have substantial capacity to appreciate the wrongfulness of his actions or to conform his conduct to the law.
What is required for Conspiracy under Common Law?
What is required for Conspiracy under Modern Federal Law?
What is the difference in conspiracy under MPC?
Only ∆ has to actually agree.
What defines First Degree Murder?
FIAT crime, so FIAT defenses apply.
What is Manslaughter?
What is Robbery?
Larceny + Assault/Battery
What constitutes Extortion?
Larceny + Threat
What is Embezzlement?
No Larceny + Conversion
What is Burglary?
Breaking and Entering + Larceny
What is the definition of Battery?
Unlawful + Force + to Another + that causes Bodily Harm or Offensive Touching
What are the two types of Assault?
What does Rape require under Common Law?
Unlawful + Sex + w/ a Female + Against her will through Force/Threat of Force
What is Statutory Rape?
Consensual + Sex + w/ a Person Under Age 18
What is Kidnap?
Unlawful + Confinement of Another + Against their Will
What is Perjury?
Willful act of falsely promising to tell the truth about material matters.
What is perjury?
Willful act of falsely promising to tell the truth about material matters.
What does against their will imply?
Acting without the consent of the victim.
What are the methods of moving or hiding a victim?
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