Pulls gun off wall sets it on counter dude steals it puts money on counter and

Pulls gun off wall sets it on counter dude steals it

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Pulls gun off wall, sets it on counter, dude steals it, puts money on counter and takes off Can we charge seller of gun for statutory violation of selling firearms to felon Gotta start with the act, intent, etc. ……………………………………………………………………………………………………………………………………………………………….. Actus reus – physical act – voalitional movement (no sleepwalking) - Not the product of the actor’s determination - Someone else can’t make you do it Omission - Omission + a legal duty o Duty can arise from Police Contract Relationship between D and victim. Parent / children Spouse has duty prevent harm to Spouse Assumption of care – contractual duty Specific Intent – acting with purpose General Intent – Knowledge with substantial certainty MPC – purpose and knowledge (two classifications for intentional crimes) Separate parts of mens rea Recklessness – when a person know they are creating a risk and disregarding the risk Criminal Negligence – occurs whenever the D is unaware of the risk that a reasonable person should have been aware of, become gross when it severely deviates from the conduct of a reasonable person. Transferred Intent – when a D intends to commit a crime to one person and does it to another Intent can transfer to that offense Concurrence – criminal mens rea must link to the criminal act
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“Malice” – “but for” Causation – Proximate legal cause – logical relationship between the defendant’s acts and the crime How you determine: Foreseeable Test If something Intervening is not foreseeable, then it can no longer be the legal cause. If its abnormal unforeseeable Mistake of Fact – whwen a person perceives a fact incorrectly An honest mistake will negate specific intent Honest and reasonable negat a general intent crime In order for a mistake to be reasonable, a fact must determine Professor Corn videos for Kaplan Barbri and Kaplan both give free first year lessons Kaplan create account Mistake of Law – when D relies on legal information on someone with authority Ignorance of law is no excuse Libguides.stcl.edu
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  • Spring '10
  • criminal law, Theresa

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