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Flashcards in Criminal Law & Procedure Deck (14)
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1
Q

M’Naghten Rule for Insanity

A

(1) A disease of the mind that (2) caused a defect of reason which (3) left the defendant at the time of his actions lacking the ability to either:

(a) know the wrongfulness of his actions; or (b) understand the nature and quality of his actions.

2
Q

Larceny

A

The trespassory taking and carrying away of the personal property of another with the specific intent to steal.

Trespassory Taking: Without Consent

3
Q

Embezzlement

A

The misappropriation of the property of another by one who is in lawful possession of the property.

4
Q

False Pretenses

A

The defendant obtains title to property by means of lies, deceit, or falsehood.

(usually cash or transfer of money)

5
Q

Larceny by Trick

A

Larceny, obtaining possession with consent but accomplished by lies, deceit, or falsehood.

6
Q
A
7
Q

Accomplice Liability

A

An accomplice is someone who, with the intent that the crime be committed, helps the principal before or during the crime.

8
Q

Attempt

A

Requires two elements: (1) a specific intent to commit the target offense, and (2) a substantial step in furtherance of that attempt.

9
Q

Arson

A

The malicious burning of the dwelling house of another.

Malicious: Intent to burn the dwelling or reckless disregard for whether it would result.

10
Q

Burglary

A

The breaking and entering into the dwelling house of another at night with the specific intent to commit a larceny or felony.

11
Q

Conspiracy

A

A conspiracy requires:

  1. An agreement between two or more persons;
  2. an intent to enter into the agreement; and
  3. an intent by at least two persons to achieve the objective of the argument.

A majority of states now also require an overt act, but an act of mere preparation will suffice.

12
Q

Withdrawal

A

Must effectively communicate withdrawal to fellow conspirators. Will relieve liability for any crime that occurs after withdrawal.

13
Q

Battery

A

The unlawful application of force to another resulting in bodily injury or offensive touching.

14
Q

Solicitation

A

Inciting, counseling, advising, urging, or commanding anothe rto commit a crime, with the intent that the person solicited commit the crime.