Criminal Midterm Study Guide PDF

Definitions of Culpable Mental States 1. 2. 3. 4. Strict Liability - if such conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor. Mental Culpability - if a...

Definitions of Culpable Mental States 1. 2. 3. 4. Strict Liability - if such conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor. Mental Culpability - if a culpable mental state on the part of the actor is required with respect to every material element of an offense Mistake of Fact - arises when a criminal defendant misunderstood some fact that negates an element of the crime - - - Mistake of Law - a defense that the criminal defendant misunderstood or was ignorant of the law as it existed at the time - - - - - - Common Law Conspiracy - an agreement between two or more persons to commit an unlawful act or series of unlawful acts. Conspiracy is committed as soon as the agreement is made. No act in furtherance is required. - - - Attempt - attempt occurs when a person with the intent to commit a criminal offense engages in conduct that constitutes the beginning of the perpetration of rather than the mere preparation for the intended offense. Common law tests how close the actor is to completing the target offense. - - - Merger Doctrine - occurs when an actor commits an offense that satisfies two separate offenses, the lesser of the two will be dropped to avoid double jeopardy. The Elements of Larceny Common Law - - - -