주요 논점 분야 및 coded area

논점 분야 및 coded area

ISSUES RAISED BY THE PARTIES:  사람들이 연루되었을 때 이슈

1. Two or more criminals: Accomplice liability/solicitation/conspiracy?
2. Two act together without agreement: Implied agreement for conspiracy?
3. Criminal agreement without an action: No OVERT ACT for conspiracy?
4. One party silent and does not act: Bystander or accomplice?
5. One party encourages but does not act: Solicitation, accomplice?
6. Employee, servant steals: Larceny or embezzlement?
7. Fetus: Was there a Homicide?
8. Agreement to adultery/sell drugs/duel: Wharton Rule – No conspiracy?

INTENT ISSUES: 범죄의도와 의도 시점에 대한 이슈

9. Enter first, decide to steal second: Lack of intent for burglary?
10. Intent is to take own property: Lack of intent for larceny?
11. Involuntary action: Lack of intent for any crime
12. Did not know it would hurt…: Awareness of risk? Conscious disregard? (Gross Negligence)
13. Anger, jealousy, blind action: Adequate provocation? (heat of passion for valuntary manslaughter)
14. Use of gun, knife: Intent to cause great bodily injury?
15. Thinks sex partner old enough: No defense to strict liability crime.
16. Thinks sex partner willing: No defense, rape is general intent crime.
17. Thinks sex partner was wife: No defense, rape is general intent
18. No intent to burn particular structure: Was the fire set with malicious intent?
19. Intent to scare, not hit: Transferred intent from assault to battery?
20. Missed one and scared/hit another: Transferred intent from one victim to another?
21. Criminal act while intoxicated: No intent? Involuntary intoxication?
22. Criminal act while intoxicated: Enough to negate premeditation? Awareness?

ACTION ISSUES:

23. Takes own property: Not larceny if not property of another?
24. Fire, smoke, explosion, cutting torch: Was it Arson?
25. Entered a building, room, safe: Was there a Breaking? Was it Burglary?
26. Planned crime: Sufficient for Attempt?
27. Getting weapon: Premeditation?
28. Theft of land, title, rights: False pretenses, not larceny/embezzlement.
29. Sex with wife: No common law rape of wife?
30. Crossing state, county line: Kidnapping?
31. Police offer stolen goods: No Receiving of recovered goods?
32. Delayed death, life supports: Causality? Common law time rules?
33. Wrongful act without criminal intent: Recklessness? Accident? Common negligence?

LACK OF ACTION TO PREVENT RESULT:

34. By parent, caregiver, rescuer: Affirmative duty to act? SCRAP
35. By child, onlooker: Affirmative duty to act?
36. By co-criminal: Withdrawal from conspiracy? Accomplice?
37. Intentional non-action to cause result: Affirmative duty to act?

LACK OF INJURY/FORGIVENESS BY VICTIM:

38. Victim unaware money taken: Larceny but not robbery?
39. Victim forgives defendant: Crime is offense against state, not
40. Victim unconscious, unaware: Defense to robbery, but not rape or

AFFIRMATIVE DEFENSES:

41. Child defendant: Defense of infancy?
42. Mistake: DEFENSE of Mistake to negate intent?
43. Drunk/drugged: Defense of intoxication?
44. Escalation of fight: Change of AGGRESSOR identity?
45. Protection of fighting party: “Step into shoes” of aggressor?
46. Protection of person/property: Reasonable force?
47. Thinks sex partner willing: Consent is defense to rape.
48. “Could not stop self”: Insanity? Necessity? Lack of intent?
49. Did not know it was wrong: Insanity – M’Naughten Rule?
50. Not really illegal drugs, stolen, crime: Mistake of Law?