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Flashcards in Crim final part 2 Deck (82)
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1

what are the elements of causation?

D's wrongful act must be the factual cause and the proximate cause of the relevant harm

2

but for the defendant's conduct, the harm would not have occurred. D is indispensable link in the chain leading to the victim's harm

factual causation

3

if the accident is reasonably foreseeable, the conducti is sufficiently direct cause of the harm

proximate causation

4

what are the characteristics of proximate causation? (3)

1) when the result is not highly extraordinary, it is foreseeable
2) a possible consequence which reasonably might have been contemplated
3) the foreseeability test of proximate causation is highly subjective, depends on the substantive crime and facts of case

5

killing must be done by defendant, accomplice, confederate or by one acting in furtherance of felonious undertaking

agency theory

6

is medical malpractice reasonably foreseeable?

yes

7

if a victim is injured but the doctor is negligent and the victim dies, is the perpetrator still blameworthy?

yes

8

what type of medical negligence is not foreseeable?

gross medical negligence, the perpetrator in such case would be absolved from liability (SIC)

9

is the perpetrator still criminally liable for murder if the victim is particularly prone to severe injury due to physical condition (hemophilia) and dies?

they can be (eggshell rule like torts)

10

what are the 3 different approaches of foreseeability under common law?

1) broad foreseeability of general risk
2) made vulnerable, result foreseeable and related
3) specific foreseeability of exact circumstances

11

what is the MPC rule for proximate cause?

2.03
there is proximate cause if the result differs from the intended risked result only by affecting a different person/property (transferred intent)

12

under MPC if a D intends to kill one person, but kills a different person by accident what is that called?

"transfer of intent"

13

if a defendant transfers intent under MPC are they criminally liable?

yes

14

why is a D criminally liable for transfer of intent" under MPC?

1) same blameworthy MR (unlawful intent to kill)
2) same blameworthy result (unlawful killing)

15

under MPC what does proximate cause in strict liability cases require?

that the result be a probable consequence

16

under common law what may sometimes cut off liability?

subsequent voluntary acts

17

what are examples of subsequent voluntary acts?

1) intentional acts, SIC human will sever liability
2) reckless acts, divided standards (reckless action of another may cut off chain)

18

under MPC what is the rule for But-for causation?

2.03
in dual-cause cases, courts redefine the result (death from two bullet wounds, assisting suicide)

19

what is attempt punished for?

deterrence purposes

20

what are the characteristics of attempt under common law?

1) objective perspective
2) results central
3) lower punishment

21

what is the mens rea under common law for attempt?

1) last step test
2) dangerous proximity test (physical proximity to the intended victim)
3) res ipsa test (no other explanation of what def was doing)

22

what are the characteristics of attempt under MPC?

1) subjective perspective
2) mens rea central
3) punish attempt the same as completion

23

what is mens rea of attempt under MPC?

5.01
purpose regarding actions

24

what is the actus reus of attempt under CL?

intent regarding result and actions

25

what are the characteristics of the actus reus under CL for attempt? (4)

1) last act doctrine (last act before crime) (no longer used)
2) dangerous proximity to success
3) equivocality (whether actions show unequivocal intent, subjective)
4) mere preparation is not enough

26

opportunity to repent/change one's mind (can't punish someone for thoughts alone)

locus penitentiae

27

what is the actus reus for attempt under MPC?

5.01
substantial step in the commission of a crime (lying in wait, enticing, seeking victim)

28

what is the attended circumstance of attempt under CL?

parity/ambiguous

29

what is the attended circumstance of attempt for MPC?

5.01
parity

30

the same mens rea applies to the attempted offense as it would if the offense was completed

parity