victim's presence → not necessary
harm → need not be immediate or imminent
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distinguishing extortion from robbery
-OPPORTUNITY is NOT entrapment
-state actor only
Give this one a try later!
limits of entrapment
,Actus Reus → damaging property of another
Mens Rea → MALICE (≥ recklessness)
Give this one a try later!
malicious mischief
-catch-all for murders
-includes every other common law murder → intentional, serious bodily injury,
depraved heart, felony murders not specified as first-degree)
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second-degree murder
i) statute (e.g., paying taxes, reporting child abuse)
ii) contract (e.g., nurse, nanny)
iii) relationship (e.g., parent, spouse)
iv) assumption of care (e.g., Misery)
v) creation of peril (e.g., hitting pedestrian)
Give this one a try later!
Situations in which a Legal Duty to Act may arise:
-("cause in fact") → but for defendant's conduct, prohibited result would not have
occurred
, -homicides → defendant's conduct shortened victim's life (by any amount of time)
Give this one a try later!
actual cause
battery +
1) deadly or dangerous weapon;
2) serious bodily injury; OR
3) child or police victim
Give this one a try later!
aggravated battery
state may prosecute crime if significant portion of prohibited CONDUCT or RESULT
occurred in that state
Give this one a try later!
When does a state have jurisdiction to prosecute a crime?
-elements → reasonable mistake that negates mens rea
-Example: Reasonably though mistakenly believed sex was consensual
Give this one a try later!
harm → need not be immediate or imminent
Give this one a try later!
distinguishing extortion from robbery
-OPPORTUNITY is NOT entrapment
-state actor only
Give this one a try later!
limits of entrapment
,Actus Reus → damaging property of another
Mens Rea → MALICE (≥ recklessness)
Give this one a try later!
malicious mischief
-catch-all for murders
-includes every other common law murder → intentional, serious bodily injury,
depraved heart, felony murders not specified as first-degree)
Give this one a try later!
second-degree murder
i) statute (e.g., paying taxes, reporting child abuse)
ii) contract (e.g., nurse, nanny)
iii) relationship (e.g., parent, spouse)
iv) assumption of care (e.g., Misery)
v) creation of peril (e.g., hitting pedestrian)
Give this one a try later!
Situations in which a Legal Duty to Act may arise:
-("cause in fact") → but for defendant's conduct, prohibited result would not have
occurred
, -homicides → defendant's conduct shortened victim's life (by any amount of time)
Give this one a try later!
actual cause
battery +
1) deadly or dangerous weapon;
2) serious bodily injury; OR
3) child or police victim
Give this one a try later!
aggravated battery
state may prosecute crime if significant portion of prohibited CONDUCT or RESULT
occurred in that state
Give this one a try later!
When does a state have jurisdiction to prosecute a crime?
-elements → reasonable mistake that negates mens rea
-Example: Reasonably though mistakenly believed sex was consensual
Give this one a try later!
