CRIM. LAW OUTLINE - Criminal Law Review for Final A....

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Criminal Law Review for Final IMPORTANT DEFINITIONS AND INFORMATION: A. Felonies v. Misdemeanors: a. Felonies: All crimes punishable by death or imprisonment exceeding one year. b. Misdemeanors: Crimes punishable by imprisonment for less than one year or by a fine only. B. Malum In Se v. Malum Prohibitum: a. Malum In Se: (wrong in itself) one that is inherently evil, either because criminal intent is an element of the offense, or because the crime involves “moral turpitude.” b. Malum Prohibitum : one that is wrong only because it is prohibited by legislation. C. Rule of Lenity: a. Requires that an ambiguous criminal statute must be strictly construed in favor of D. Ambiguity should be distinguished from vagueness. An ambiguous statute is one susceptible to two or more equally reasonable interpretations. A vague statute is one that is so unclear as to be susceptible to no reasonable interpretation. D. Merging: a. “Merger” of Solicitation or Attempt into Completed Crime : One who solicits another to commit a crime cannot be convicted of both the solicitation and the completed crime. Similarly, a person who completes after attempting it may not be convicted of both the attempt and the completed crime. Conspiracy, however, does not merge with the completed offense. b. Merger” of Lesser Included Offenses into Greater Offenses: Lesser included offenses “merge” into greater offenses, in the sense that one placed in jeopardy for either offense may not later be retried for the other. Nor may one be convicted of both the greater offense and the lesser included offense. E. Specific v. General Intent: a. Specific Intent: If the definition of a crime requires not only the doing of an act, but the doing of it with a specific intent or objective, the crime is a “specific intent” crime. b. General Intent : All crimes require “general intent” which is an awareness of all factors constituting the crime. (The defendant need not be certain that these attendant circumstances exist; it is sufficient that she is aware of a high likelihood that they exist.) F. Transferred Intent: a. If a defendant intended a harmful result to a particular person or object and, in trying to arry out that intent, caused a similar harmful result to another person or object, her intent will be transferred from the intended person or object to the one actually harmed. IT DOES NOT APPLY TO ATTEMPT! G. Strict Liability: a. A strict liability offense does not require awareness of all of the factors constituting the crime (MENS REA). H. Vicarious Liability: a. One in which a person without personal fault may nevertheless be held vicariously liable for the criminal conduct of another (usually an employee). CLASS NOTES OUTLINE:
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This note was uploaded on 04/18/2008 for the course 1L none taught by Professor Various during the Fall '08 term at Florida Coastal School of Law.

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CRIM. LAW OUTLINE - Criminal Law Review for Final A....

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