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Final condenses outline of entire semester for final exam study purposes.
Typology: Study Guides, Projects, Research
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a. Retributivism i. People should get what they deserve ii. Justice for the victim iii. Rests on moral culpability b. Utilitarianism i. General deterrence: prevent any and all from acting ii. Specific deterrence: prevent this person from acting again iii. Rehabilitation II. ELEMENTS OF A CRIME a. Actus Reus i. A voluntary act
ii. Proximate cause
a. Homicide i. Killing of a human by another human ii. Life begins: fetus must be born alive. iii. Life ends:
and unlawful use of deadly force or force likely to cause serious bodily injury by the aggressor.
ii. Minority: imperfect/inchoate defenses – mitigation of murder to manslaughter
d. Subjective Test (majority): i. jury decides whether defendant’s predisposition to commit the crime makes that defendant responsible for his actions, regardless of inducements. ii. If so, burden shifts to prosecution to prove guilt BRD due to the defendant’s predisposition not the coercion. V. INCHOATE OFFENSES a. Attempt i. Definition: occurs when a person with intent to commit an offense engages in conduct beyond mere preparation to the beginning of perpetration. ii. Two types:
iv. Attempt under the Model Penal Code § 5.
d. Accessory After the Fact: one who knowingly assists the felon to avoid arrest, trial, or conviction. (Today a separate lesser offense.) e. Assistance – one is guilty as an accomplice… i. Actual Assistance – only if they actually do in fact assist. ii. Trivial Assistance – no matter how trivial that assistance may be. iii. Omissions: by failing to act where there is a duty to act, if there is a requisite mens rea. iv. “Natural and Probable Consequences” – not only of the offense intended, but of any reasonably foreseeable offense committed by the primary actor. f. Degrees of Guilt: i. At common law, the accomplice could not be convicted of a more serious crime than the principal. ii. But today, an accomplice may be convicted of a more serious crime for using the principal as the instrument to commit the crime on their behalf.