SUBJECT MATTER INDEX

ABANDONMENT

See ATTEMPT, CONSPIRACY

ACCESSORY AFTER THE FACT

Offense defined

ACCESSORY BEFORE THE FACT

See ACCOMPLICES

ACCOMPLICES

Generally

Accessory after the fact

Accessory before the fact

Act requirement

Assistance attempted, but no crime occurs

Assistance given but not needed

Conspiracy as meeting

Failure to intervene

Presence at crime scene

Words alone

Additional crimes by principal

Armed co-felon’s crime

Felony-murder cases

Intentional murder

Misdemeanor-manslaughter cases

Model Penal Code limits liability

“Natural and probable” crimes

Innocent agent, use of

Mental state

Drunk driver, car lent to

Intentional aid

Knowledge of criminal result, without intent

Mens rea of underlying crime

Recklessness and negligence

Strict-liability crime

Ulterior motives

Misprision of felony

Principal in first degree

Principal’s guilt required

Conviction not necessary

Principal lacks required mental state

Victim, no liability of

Withdrawal as defense

ACT

Committed under hypnosis

Omission

See OMISSION TO ACT

Possession as

Reflex or convulsion

Requirement of

Status as

Unconsciousness

Voluntary requirement of

Words as

ACTUS REUS

See also ACT

Generally

Low blood sugar as basis for

Post-traumatic stress disorder

Premenstrual Syndrome

BAD CHECKS

Statutes punishing writing of

BATTERY

Generally

Aggravated forms of

Mental state for

BILL OF RIGHTS

BLACKMAIL

See EXTORTION

BURGLARY

Generally

Breaking

Dwelling of another

Entry

Intent to commit felony within

Nighttime

CAPITAL PUNISHMENT

See DEATH PENALTY

CAUSATION

Generally

Cause in fact, generally

Shortening of victim’s life

Substantial factor in producing harm

Victim dead before act

Intervening acts

By defendant

By third person

By victim

Dependent

Felony-murder cases

Independent

Misdemeanor-manslaughter cases

Negative act

Poor medical treament as

Suicide by victim

Victim attempts to escape

Victim refuses medical aid

Legal Cause see Proximate Cause, this entry

Manner of harm unintended, generally

Direct causation

Pre-existing weakness of victim

Recklessness and negligence crimes

Proximate cause, generally

Model Penal Code approach

Third party’s failure to act

Unintended victim

“Year and a day” rule in homicide

Substantial factor in producing harm

“Transferred intent” rule

Victim completely unforeseeable

Unintended victim

Crime of recklessness or negligence

Defenses assertable against

Mistake of identity

Resulting crime is more serious to

“Transferred intent” rule

Victim dead before act

CAUSE IN FACT

See CAUSATION

CONCURRENCE

Generally

Different crime than intended

Mental state must cause act

Mind and acts

Mind and results

Same harm as intended but different degree

CONFLICT OF LAWS

CONSPIRACY

Generally

Abandonment by all parties

Accomplice liability, distinguished from

Acquittal of other conspirators

Agreement

Circumstantial evidence as proof of

Feigned

Implied

To commit object crime

Aiding and abetting of

“Chain”

Corporations

Duration of, generally

Feigned

Hearsay, admission of

Husband and wife

Identity of others, knowledge

Impossibility, defense of

Inconsistent disposition at trial

Different trials

Same trial

Joint trial of persons accused of

Legislative intent to punish only one party

Mental state, generally

Attendant circumstances

Goods and services supplied

Intent to commit crime

Recklessness and negligence

Strict-liability crimes

Objective of

Non-criminal aims

Organized crime

Overt act, requirement of

Party who joins late or leaves early

Punishment of

Merger with completed crime

Rationale for punishing

Substantive crimes, liability for

Wharton’s Rule

Merely presumption

Model Penal Code rejects

“Wheel” or circle

Withdrawal from

As defense to conspiracy charge

CONTRIBUTORY NEGLIGENCE

By victim

In manslaughter case

CORPORATIONS, CRIMINAL LIABILITY OF

Model Penal Code approach to

Ratification by corporation’s management

Respondent superior approach to

Within the scope of employment

DEATH PENALTY

Juveniles and

Mental retardation and

Rape cases and

DEFENSE OF OTHERS

Generally

Mistake as to who is aggressor

Retreat, requirement of

DEFENSE OF PROPERTY

Generally

Chattels, recapture of

Deadly force, use of

Dwelling, defense of

Dwelling, defined

Mechanical devices, use of

DEPOSITIONS

Request for production of documents

DIMINISHED RESPONSBILITY

Generally

Definition of

First-degree murder negated by

Insanity defense as superseding

Murder reduced to manslaughter

DIMINISHED RESPONSIBILITY

Generally

Insanity defense as superseding

Murder reduced to manslaughter

DISCIPLINE

Force used to maintain

By parents

By school teacher

DURESS

Generally

Death or serious bodily harm, requirement of

Elements of defense of

Homicide cases, use in

Imminent harm, requirement of

Mistake, effect of

Third person, harm directed at

EIGHTH AMENDMENT

Ban on cruel and unusual punishment

Long prison sentences short of life without parole

EMBEZZLEMENT

Generally

By one in lawful possession, generally

Employees

Finders of property

Conversion

Fraudulent taking

Claim of right

Collection of debt

Intent to repay

ENTRAPMENT

Generally

Evidence of

Falsehood about legality of act

Rationales for

Tests for

EXTORTION

Generally

Attempt to recover property

Model Penal Code

FALSE PRETENSES

Generally

Concealment and non-disclosure

False promise

Gullibility of victim no defense

Larceny by trick, distinguished from

Mental state

Pecuniary loss, no requirement of

Property

Nature of

Of another

Related Crimes

Reliance by victim

Title passing

FELONY-MURDER

See MURDER

FORGERY

HYPNOSIS

Act committed while under

IGNORANCE OR MISTAKE

Generally

Belief conduct not illegal, generally

Official statement of law relied on

Bigamy, mistake as to existence of

Defense based on

Ambiguous statute

Effect on justification or excuse

Law, mistake as to

Concerning collateral fact

“Lesser crime” theory

“Moral wrong” theory

Reasonableness

IMPOSSIBILITY

See ATTEMPT, CONSPIRACY

INSANITY

Generally

At time set for execution

Commitment following acquital, generally

Burden of proof

Mandatory, constitutionality of

Release from

Telling jury about

Diminished responsibility See DIMINISHED RESPONSIBILITY

Fitness to stand trial

“Irresistible impulse” test

M’Naghten test

Model Penal Code test

Procedures for presenting defense, generally

Role of jury

When raised

XYY chromosome defense

INTENT

Generally

Conditional intent

Different crime than intended occurs

Intentional act

Intoxication, effect of

“Malicious” conduct

Motive, distinguished from

Presumption of

Purposely

Same harm as intended but different degree

Specific

Distinguished from general intent

Negatived by intoxication

INTOXICATION

Generally

Alcoholism and narcotics addiction

Defense in rape case

Insanity, relation to

Intent negatived by

Involuntary, generally

Murder reduced to manslaughter because of

Negligence, does not negate

Recklessness, does not negate

Voluntary manslaughter

JUVENILES

Death penalty and

KIDNAPPING

Generally

KNOWLEDGE

As meeting intent requirement, generally

LARCENY

Generally

Asportation

By trick

Definition

Employee, taking by

Finders of lost or mislaid property

Intent to steal, generally

Claim of right

Collection of debt

Concurrence of taking and intent

Intent to permanently deprive

Property

Nature

Of another

Taking from owner’s presence

Trespassory taking

LAW ENFORCEMENT

See ARREST, PREVENTION OF ESCAPE, PREVENTION OF CRIME

LEGALITY PRINCIPLE

LENITY

Principle of

LIFE IMPRISONMENT WITHOUT PAROLE

LOST PROPERTY

See LARCENCY, EMBEZZLEMENT

MANSLAUGHTER

Generally

Criminal negligence, generally

All circumstances considered

Awareness of risk

Contributory negligence of victim

Inherently dangerous objects

Model Penal Code’s negligent homicide

Proximate cause

Vehicle homicide

“Heat of passion,” generally

Adultery as provocation

Battery as provocation

Cooling off, actual

Cooling off, reasonable time for

Intoxication, effect of

Mistake, effect of

Model Penal Code’s subjective test

“Reasonable man,” characteristics of

Reasonable provocation

Requirements for

Words alone as provocation

Involuntary, generally

Misdemeanor-manslaughter

Battery as basis for

Proximate cause

Traffic violation as basis for

Other extenuating circumstances, generally

Imperfect coercion or necessity

Imperfect crime-prevention

Imperfect defense of others

Imperfect self-defense

Intoxication

Mercy killing

Voluntary, generally

MAYHEM

MENS REA

See also INTENT, KNOWLEDGE, MENTAL STATE, RECKLESSNESS, STRICT LIABILITY

Defined

MENTAL STATE

Ambiguity as to

Intent

Negligent

Reckless