08. Criminal Law Flashcards
What types of crimes does the United States have the power to criminalize and prosecute?
1) Occur anywhere in the US
2) Occur on ships and planes
3) Are committed by US nationals abroad
What types of crimes do States have the power to criminalize and prosecute?
Crimes with some connection (minimum contacts) to that state
What are examples of crimes that a State may prosecute?
1) A crime that occurs in whole or in part inside the state
2) Conduct outside the state that involved an attempt to commit a crime inside the state
3) A conspiracy to commit a crime if an overt act occurred within the state
What is required for a sufficient actus reus?
1) There must be some physical act in the world (including speech)
2) The act must be voluntary (i.e., willed by the defendant)
3) Failure to act can be sufficient actus reus
Does a “voluntary” act mean the person wanted to do it?
No; it just means that they had motor control over the act
When may the failure to act be a sufficient actus reus?
1) Failure to comply with a statutory duty
2) When there is a special relationship between the defendant and the victim
3) Voluntarily assuming a duty of care and then casting it aside
4) The defendant causes a danger or peril and fails to mitigate harm to the victim cause by the peril
When is an accomplice a principal in the second degree?
When they are physically or constructively present during the commission of the crime
When is an accomplice an accessory before the fact?
When they are neither physically nor constructively present during the commission of the crime, but possess the requisite intent
What is the test for insanity under the MPC?
Irresistible-Impulse + M’Naghten
The defendant is not guilty if, at the time of the conduct, he, as a result of a mental disease or defect, did not have substantial capacity to appreciate the wrongfulness of the act or to conform his conduct to the law
How are robbery and larceny related?
A robbery is a larceny:
1) From the person or presence of the victim; AND
2) Achieved by force or intimidation
What are the 5 most common inherently dangerous felonies associated with felony murder?
1) Burglary
2) Arson
3) Rape
4) Robbery
5) Kidnapping
“BARRK” (think of a guard dog)
What are the 6 common-law elements of burglary?
1) Breaking and;
2) Entering;
3) Of the dwelling;
4) Of another;
5) At nighttime;
6) With the specific intent to commit a felony therein
What are the 4 common-law elements of criminal battery?
1) Unlawful;
2) Application of force;
3) To another person;
4) That causes bodily harm to that person or constitutes an offensive touching
What type of crime is battery?
A general-intent crime
What are the 4 elements of kidnapping?
1) Unlawful;
2) Confinement of a person;
3) Against that person’s will;
4) Coupled with either the movement or the hiding of that person
When is consent obtained by fraud a valid defense to rape?
When it is fraud in the inducement.
NOTE: Fraud in factum (i.e., fraud regarding the nature of the act itself) is NOT a valid defense
What are the 5 elements of embezzlement?
1) Fraudulent;
2) Conversion;
3) Of the property;
4) Of another;
5) By a person who is in lawful possession of the property
What is an actus reus?
It is either a voluntary, affirmative act or an omission (failure to act) that causes a criminally proscribed result
What is perjury?
Perjury involves the willful act of falsely promising to tell the truth, either verbally or in writing, about material matters that affect the outcome of a CASE.
Under modern law, what inchoate crimes merge with the completed crime?
1) Solicitation
2) Attempt
NOTE: Conspiracy does NOT merge with the completed crime
What are the 4 categories of specific-intent crimes?
1) F = First-degree murder
2) I = Inchoate offenses (attempt, solicitation, conspiracy)
3) A = Assault with intent to commit a battery
4) T = Theft offenses (larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery)
“FIAT”
What are the 6 elements of common-law larceny?
1) Trespassory;
2) Taking and;
3) Carrying away;
4) Of the personal property;
5) Of another;
6) With the intent to permanently deprive that person of the property (i.e., intent to steal)
What type of crime is larceny?
Specific-intent
NOTE: The “T” in “FIAT” is for “Theft”
What is an accessory after the fact?
A person who aids or assists a felon to avoid apprehension or conviction after commission of the felony.
The person must know a felony has been committed, and is only liable for a separate crime.
What is the main difference between larceny by trick and false pretenses?
Larceny by trick = defendant obtains POSSESSION
False pretenses = defendant obtains TITLE
What is the difference between a felony and a misdemeanor?
Felony = punishable by death or imprisonment for more than one year
Misdemeanor = punishable by imprisonment for one year or less, or by a fine, or by both
What are the 3 elements of common-law solicitation?
1) Enticing, encouraging, requesting, or commanding of another person;
2) To commit a crime;
3) With the intent that the other person commits the crime.
