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AJ2 CH3
Elements of a Crime
| Question | Answer |
|---|---|
| Corpus Delecti | The body of the crime or the substance of the crime |
| Prima Facie | On its face, on first view |
| In order to constitute a crime, there must be unity of the _____ and also the ________ | Act; Intent |
| What is "Transferred Intent" | When attempting to harm one person but harms another person instead, the intent still exists because the second person was harmed |
| What are the necessary elements to establish. Proximate Cause | There must be a causal relationship between the defendants act and the resulting crime |
| Name the three instances of Attributed Liability. | 1 The Felony Murder rule, 2. The Vicarious Liability Doctrine, 3. The Proximate Cause/Proximate Act Liability |
| What is the "Felony Murder Rule? | All persons are guilty of the murder who aided or abetted the killing as part of their plan. |
| Vicarious Liability Doctrine | When two or more persons agree to kill but only one does the actual killing, each person holds the same amount of guilt for the act. Ex. Drive by shooting) |
| Provocative Act Proximate Cause Theory | The surviving accomplices can be convicted of murder if the police kill one of the accomplices or the intended victim kills one of the accomplices in response to a provocative act. |
| Intent is the mental element of the perpetrator. The determination of the guilty mind. This is known as _____ _____. | Mens Rea |
| Name the three types of Intent | 1. General Intent, 2. Specific Intent, 3. Constructive or Transferred Intent |
| When is "Omission to Act" punishable? | In cases such as contributing to the delinquency iof a minor or failure to provide the child with necessities. |
| At what point is a "good summaritan" obligated to aid a person? | At the point in which the aid was commenced. Once started, you cannot then choose to stop the aid if doing so causes further harm. |
| Where is the defendant punished if he/she committed the crime across multiple jurisdictions? | They may be punished in either jurisdiction that has a "competent court" |
| A man shoots person A and the bullet continues on to also shoot person B. Is this one prosecution or two? | This is considered ONE ACT. However, they are prosecuted as TWO shootings. |
| Punishment for two offenses resulting from the same act is (Allowed/Prohibited) based on the US and California constitution. | Prohibited (PC 654) |
| A person who is obviously mentally challenged (ex. the theater shooter) can have the trial halted to determine mental capacity (T/F). | False.During the guilt phase of trial, all persons are presumed sane. Once found guilty, his sanity can be litigated in the sanity phase. |
| What is General Intent? | Intent that is inferred from the mere doing of the act. Ex. If I steal your wallet, my intent is inferred from the fact that I committed the act. |
| What is Specific Intent? | Specific Intent must exist as a factor in the criminal act and must be proven. Ex. Kidnap with intent to get ransom, ...with intent to defraud, ...assault with intent to rape or rob. |
| What is Transferred Intent(aka constructive Intent)? | When a person attempts to commit a crime but ends up committing a different crime, the intent still holds (is transferred). Ex, attempt to rape or rob and the victim dies. Same if wishing to kill A but ends up killing B. |
| How can conduct prove intent? | Words spoken or writing out plans can prove Intent. The conduct o the defendant before, during and after an offense is admissible to prove intent (ex. This is a stick up). |
| What is Criminal Negligence? | A recklessness and indifference to do what a reasonable and prudent person would do. Ex. Speeding in a residential area causing a death. |
| Define Malice | A wrongful act done intentionally without justification or excuse |
| Malice requires something more than criminal negligence. What distinguishes between the two? | Malice requires a higher degree of viciousness and callousness and shows a disregard for what is likely to occur. Ex. Starting a fist fight then pulling and using a knife.. |
| How important is motive in prosecuting a crime? | Motive, though valuable to a prosecution, is not a required element to the criminal prosecution. |
| Why is being intoxicated allowed as a factor of the defense in a case of burglary? | Because to burglarize, intent is a factor of the crime. Intent may not be possible if intoxicated. But this would be for a jury to decide. |
| When is a crime NOT punishable when the perpetrator was deemed intoxicated? | When the intoxication was involuntary. |
| Is diminished capacity an allowable defense? | Not since the passage of Prop 8. It may be considered as a factor during sentencing or can be litigated in a separate proceeding. |
| All persons are capable of committing crimes with the following exceptions: Name 4 of the 6 reasons given. | 1. Under Duress 2.Under age 3. Unconscious (sleep walker), 4.Insane 5.Ignorance or Mistake of Fact, 6. Accident or Misfortune |
| Why are children under 14 incapable o committing a criminal act? | They are seen as not being able to form Intent |
| A 17 year old had consensual sex with an 18 year old. The 18 year old was not allowed to present evidence that he truly believed she was 18. Which defense could he use to overturn conviction? | PC 26 - Mistake of fact. Criminal intent is lacking in this scenario. |
| This has been referred to as the Right-Wrong test as it asks was the defendant able to differentiate between the two when the crime was committed | The M'Naghten rule. |
| Which Penal Code covers the capacity to commit crime? | PC 26 |
| Is temporary Insanity an allowable defense. | In California, yes |
| Mentally Insane people, like mentally Incompetent people, are exempt from standing Trial. True or False? | False. Mentally Incompetent is NOT a legal defense. There will be a trial to determine insanity. No trial to determine incompetence |
| Why would Ignorance of fact be a valid legal defense? | Because it lacks the element of intent. |
| When do you mostly see the defense of accident or misfortune? | In a case of bodily injury or homicide. |
| The killing of a human being is excusable when doing an act by lawful means without ______ ______ (PC 195). | Unlawful Intent |
| What are the two most important categories of true defense? | 1. Justification, 2. Excused |
| What is the Justification defense? | Circumstances beyond the defendants control render the criminal conduct lawful and exempts perpetrator from criminal liability. |
| What is the Excused defense? | Excuse that even though the act committed was criminal, the actor is not legally culpable. |
| Name three types of defense based on Justification | 1. Defense of Self, 2. Defense of Others, 3. Defense of property or home |
| Under the defense of property or habitation defense, is the defense valid when the home is not threatened? Why? | No normally. Because the law generally values Life over Property |
| Name four types of defense based on Excused | 1. Age/Infancy of the actor 2. Duress, 3. Insanity. 4. Entrapment |
| Which penal code covers ability to commit a crime | PC 26 |
| Which defense works when asserting that "those drugs were planted on me"? | Entrapment |
| Which penal code defines and covers Insanity as a defense | PC 25 |
| What are the two questions asked per the M'Nagten rule? | 1. Did the defendant understand the quality of the act being done and 2. Did the defendant understand that what was being done was wrong. |
Created by:
JeromeG
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