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Criminal > 1st semester Crim > Flashcards

1st semester Crim Flashcards

1
Q

Definition of Assault?

A

Assault is defined as unlawfully placing another in reasonable apprehension of an immediate impending battery.

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2
Q

Definition of Battery?

A

Battery is defined as the unlawful harmful or offensive touching of another without consent or legal privilege.

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3
Q

Definition of Larceny?

A

Larceny is defined as the taking and carrying away of personal property of another with the intent to permanently deprive.

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4
Q

Definition of Robbery?

A

Robbery is defined as the taking and carrying away of personal property of another from their immediate presence, through force or fear with the intent to permanently deprive.

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5
Q

Definition of Common Law Burglary?

A

Common Law Burglary is defined as the breaking and entering into the dwelling house of another, at nighttime, with the intent to commit a felony therein.

  • Prosecution must establish defendant intended to commit a felony AT THE MOMENT of the entry*
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6
Q

Definition of Modern Law Burglary?

A

Modernly, burglary is defined as the entering of a protected structure with the intent to commit a felony or theft therein.

*Entering = crossing the threshold

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7
Q

Definition of Homicide?

A

Homicide is defined as the killing of a human being by another.

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8
Q

Definition of Murder?

A

Murder is defined as the intentional or unlawful killing of another with malice aforethought.

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9
Q

Definition of Murder in the first degree?

A

Murder in the first degree is defined as murder committed with premeditation and deliberation.

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10
Q

Definition of Murder in the second degree?

A

Murder in the second degree is defined as the intentional or unlawful killing of another with malice aforethought.

** Alternatively, it is understood as all murders that are not first degree**

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11
Q

Definition of Malice Aforethought?

A

Malice Aforethought is the mens rea of murder. It can be express or implied.

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12
Q

Express Malice

A

The intent to kill.

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13
Q

Implied Malice

A

Can be inferred from behavior intending to create great bodily harm, (or demonstrate depraved indifference), or are inherently dangerous to human life or by killing during the commission of a felony.

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14
Q

Definition of Premeditation?

A

Premeditation is supported by facts indicating planning and preparation to kill.

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15
Q

Definition of Deliberation?

A

Deliberation is supported by facts that the killer took time to reflect before killing.

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16
Q

Definition of Manslaughter?

A

Manslaughter is defined as the intentional killing of another WITHOUT malice aforethought.

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17
Q

Definition of Voluntary Manslaughter?

A

Voluntary Manslaughter is defined as the intentional or unlawful killing of another during heat of passion or during the use of imperfect self-defense.

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18
Q

Definition of Imperfect Self Defense?

A

imperfect self-defense occurs when a defendant believes their personal safety is in danger, but that belief is unreasonable.

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19
Q

Definition of Heat of Passion?

A

Heat of passion exists when a defendant is provoked, a reasonable person would have been so provoked, the defendant did not have time to cool off, a reasonable person would not have had time to cool off.

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20
Q

Definition of Involuntary Manslaughter?

A

Involuntary manslaughter is defined as the unintentional killing of another. It can occur during an unlawful act not amounting to a felony when committed without due caution and circumspection and when the act constitutes criminal negligence.

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21
Q

Definition of Misdemeanor manslaughter?

A

Misdemeanor manslaughter is defined as the killing of another that occurs during the commission of a misdemeanor or infraction.

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22
Q

Definition of Felony Murder in the first degree?

A

Felony murder in the first degree is defined as death occurring during the intentional commission of an inherently dangerous felony.

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23
Q

Definition of Felony Murder in the second degree?

A

Felony murder in the second degree is defined as death occurring during the intentional commission of a felony not otherwise inherently dangerous.

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24
Q

Definition of Embezzlement?

A

Embezzlement is defined as converting of the property of another who has entrusted that property to the person, with the intent to permanently deprive.

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25
Q

Definition of False Pretenses?

A

False pretenses is defined as the fraudulent appropriation of title to another’s property with the intent to permanently deprive.

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26
Q

Definition of Rape?

A

Rape is defined as sexual intercourse with another against the other persons will or by force or fear without that person’s consent.

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27
Q

Definition of Misappropriation of found property?

A

Misappropriation of found property is the crime that occurs when a person retains found property and makes no reasonable or just efforts to find the owner.

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28
Q

Definition of Forgery?

A

Forgery is defined as the fraudulent creating or altering of a document or object of legal significance, with the intent to deceit or defraud.

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29
Q

Definition of receipt of stolen property?

A

Receipt of stolen property is defined as obtaining property known to be stolen with the intent to permanently deprive from the legal owner.

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30
Q

What is Mistake of Fact?

A

MISTAKE OF FACT = DEFENSE

A mistake of fact defense relieves a person of criminal liability where a reasonable mistake of certain facts means that the person did not have the culpable mental state required for the commission of the offense.

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31
Q

What is Mistake of Law?

A

Mistake of law is generally not a defense

Exists when defendant misunderstood or was ignorant of the law as it existed at the time.
Can be used in 4 limited circumstances:
1. When the law has not been published
2. When the defendant relied on law/statute that was later overturned.
3. When defendant relied on a judicial decision that was later overruled.
4. When defendant relied upon an interpretation by an applicable official.

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32
Q

Minority of proximate cause theory - felony murder?

A

Any person, co-felon or accomplice who commits an inherently dangerous felony should be held responsible for any death which is a direct & foreseeable consequence of the actions of those committing the felony.

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33
Q

Doctrine of Transferred intent?

A

Transferred intent is when assailant intends to harm person A but in fact harms person B. The intent to kill transfers to the fact that he killed B and holds him accountable.

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34
Q

Redline Rule? (Majority)

A

Redline rule is an exception to felony murder, which provides that felons ARE NOT liable for the deaths of any co-felons that occur during the commission of the crime, so long as the death is caused by the victim or a police officer attempting to prevent escape or further criminal activity.

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35
Q

Elemental Defense?

A

Elemental defense is a defense that challenges one or more of the elements of the crime.

Ex: Burglary “in the nighttime” = defense would try to prove it was during the day.

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36
Q

The (Ireland) rule?

A

The Ireland rule states that felony-murder rule should not be applied in circumstances where the only predicate felony committed by the defendant was assault.

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37
Q

What are the 5 mental states a defendant may have during a crime?

A
  1. purposefully
  2. knowingly
  3. recklessness
  4. negligence
  • Strict liability*
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38
Q

What crimes are general intent?

A

Assault
Battery
2nd degree murder

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39
Q

What crimes are specific intent?

A

1st degree murder
larceny
robbery
burglary

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40
Q

Voluntary Intoxication as a defense?

A

Voluntary intoxication is an elemental defense for specific intent crimes.

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41
Q

types of Causation?

A

Cause in fact (actual cause) = “but for” the action of defendant the result would not have happened.

Proximate Cause (legal cause) = is a means to determine whether the defendant as a matter of fairness, should be held liable for the criminal liability.

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42
Q

2 requirements of willful blindness?

A
  1. Defendant must subjectively believe that there is a high probability that a fact exists.
  2. The defendant must take deliberate actions to avoid learning of that fact.

*Acts of a person who intentionally fail to be informed about matters that would make the person criminally liable.

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43
Q

who are liable for failing to act?
(4 ways)

A
  1. Statue to care (mandated reporters)
  2. Relationship status
  3. contractual duty to care for another.
  4. Voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid.
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44
Q

What is mens rea?

A

The intention or knowledge of wrongdoing that constitutes part of a crime.

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45
Q

What does general intent mean?

A

The defendant meant to commit a crime but did so without necessarily intending a specific consequence of their action.

Ex: crimes resulting from recklessness and negligence tend to be general intent crimes.

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46
Q

What are the theories of punishment?

A
  1. Specific Deterrence
  2. General Deterrence
  3. Rehabilitation
    4 Retribution
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47
Q

What is specific deterrence?

A

The idea that particular defendant will avoid future crimes because he or she fears additional punishment.

Ex: someone who enjoys killing vs. someone that killed accidentally.

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48
Q

What is General deterrence?

A

The idea that other individuals will not commit crimes for fear of suffering the same punishment that a current defendant has suffered.

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49
Q

What is rehabilitation?

A

The idea that society has an obligation to punish an individual in a way that makes him or her a better person and a better citizen tomorrow.

50
Q

What is retribution?

A

looks to the past rather than the future. Goal is to ensure the individual gets what he or she deserves.
- a wrong that has been done must be punished.

51
Q

What is specific intent?

A

A person has a desire to commit an intentional, unlawful act and they must have intended for that act to achieve a specific result.
- specific purpose to achieve a particular outcome.

52
Q

What is Common Law?
What is Statutory Law?

A

Common law = decisions made based off of past cases.

Statutory Law = penal codes

53
Q

What are elements of a crime?

A
  1. The act (actus reus)
  2. The mental state (mens rea)
  3. Causation
  4. Attendant Circumstances
54
Q

Act must be voluntary - what are non-voluntary acts?

A
  1. reflex or convulsion
  2. bodily movement during unconsciousness or sleep.
  3. conduct during hypnosis
55
Q

Wobblers?

A

some offenses can be charged as either felonies or misdemeanors.

56
Q

What is an aggravating circumstance?

A

increase the defendant’s culpability and lead to a harsher sanction.

Ex: long criminal record, significant harm to victim

57
Q

What is a mitigating circumstance?

A

decrease the defendant’s culpability and could lead to reduced sentence.

Ex: clean criminal record and genuine remorse.

58
Q

What is determinate sentencing?

A

offenders date of release can be predicted with fair accuracy from the courts.

59
Q

What is indeterminate sentencing?

A

offenders date of release cannot be predicted with fair accuracy from the courts sentence.
* length of term determined by more than one decision maker.

60
Q

How is possession proven?

A

must have control or dominion over room.

61
Q

Scienter?

A

knowingly doing an act.

62
Q

Strict Liability & examples?

A

strict liability crimes DO NOT require the defendant to have a culpable mental state of mind when committing the crime to be guilty.
Mistake is irrelevant, mistake is not a defense

Ex: selling alcohol to minor
statutory rate
traffic violations.

63
Q

Recklessness v. negligence?

A

recklesness = requires showing a conscious disregard of substantial and unjustifiable risk of death or bodily harm.
negligence = should have been aware of the risks.

*Greater penalties applied to heightened mental states.

64
Q

Definition of Solicitation

A

Solicitation is defined as encouraging another to commit a criminal offense with the
intent that the offense be committed.

65
Q

Definition of Attempt?

A

ATTEMPT: Attempt is defined as a direct but ineffectual act towards the completion of a criminal offense with the specific intent to commit the crime.

66
Q

Definition of Conspiracy?

A

CONSPIRACY: Conspiracy is defined as an agreement between two or more parties to commit the criminal offense of ( ) and an overt act towards the completion of that offense.

67
Q

Asportation?

A

“caption” or taking, occurred when the actor secured dominion over the property of another.

*Element of “asportation” or carrying away, was satisfied with even the slightest change in position of the stolen object.

68
Q

Single Larceny doctrine?

A

Under the single larceny doctrine, although multiple items of property might be stolen from one or multiple people, it would still be considered one offense, so long as it is one continuous act.

69
Q

Constructive Possession

A

“From the person” creates a zone of protection around a person’s body that warrants a higher penalty when a theft occurs within this zone.

70
Q

Larceny by Trick?

A

LARCENY BY TRICK: Larceny by Trick is defined as the taking and carrying away of the property of
another by the use of false promises, with the intent to permanently deprive the owner of the property.

71
Q

Definition of Inchoate Crime?

A

An inchoate crime is a pre crime or an incomplete crime of preparing for or seeking to commit an offense.

Examples:
Conspiracy
Solicitation
Attempt 

72
Q

Definition of Bribery?

A

Bribery is defined as giving, offering, promising to anyone about to be called as a witness, (or a government official), consideration with any understanding or agreement that the testimony of the witness shall be influenced by the consideration.

73
Q

Definition of COMPOUNDING A FELONY?

A

Compounding a felony is defined as taking money, property, gratuity, reward, or promise thereof, while agreeing to conceal a crime or abstain from prosecuting a crime with knowledge that a crime has been committed.

74
Q

Definition of THREATENING OR INTERFERING WITH A PEACE OFFICER?

A

Threatening or interfering with a peace officer
is defined as willfully resisting, delaying, or obstructing a peace officer in the performance of their duty.

75
Q

FACTUAL IMPOSSIBILITY

A

Factual Impossibility:

Factual impossibility occurs when an individual intends to commit a crime but is prevented from doing so due to external factors beyond their control.
In this scenario, the person’s intent was criminal, but the actual commission of the crime was impossible.
Example: A person attempts to steal from an empty pocket 

76
Q

Legal Impossibility?

A

Legal impossibility refers to situations where an individual believes they are committing a crime, but the act they are attempting is not actually illegal.
In other words, the person’s actions do not fit the legal definition of the offense they believe they are committing.

Example: Someone tries to sell a substance they believe to be illegal drugs, but it turns out the substance is a harmless powder. Since the substance is not actually illegal, this falls under legal impossibility.

77
Q

True Legal Impossibility?

A

True legal impossibility occurs when an individual’s intended action is impossible to achieve under existing laws, even if they believe it is illegal.
Unlike factual or legal impossibility, true legal impossibility is a defense because the act itself cannot be criminalized.
Example: A person attempts to bribe a public official, but the official is not in a position to influence the matter. Since the official’s actions would not have been illegal even if influenced, this falls under true legal impossibility.

78
Q

definition of EXTORTION?

A

Extortion is defined as obtaining property of another by wrongful use of force, threat or under
color of authority with the intent to permanently deprive.

79
Q

How are solicitation and attempt similar?

A

both inchoate crimes, specific intent, stand alone crimes.

80
Q

How are solicitation and attempt DIFFERENT?

A

solicitation - another person involved, attempt can be done by yourself.

81
Q

What are the three types of impossibilities - in some cases the defendants act could never result in the completion of a crime.

A

Factual impossibility
Legal Impossibility
“true” legal impossibility

82
Q

Which impossibilities are valid defenses?

A
  1. Factual Impossibility - NOT a defense
  2. Legal Impossibility - MAY BE a defense.
  3. “True” Legal Impossibility - IS a defense.

for attempt crimes

83
Q

PINKERTON’S RULE?

A

The Pinkerton’s Rule provides criminal liability to a party to a conspiracy for all REASONABLY FORSEEABLE crimes committed by any co-conspirator during the conspiracy.

  • applies only to conspiracy liability
84
Q

CONSPIRACY LIABILITY?

A

Conspiracy liability attaches to two or more persons who agree to commit a crime and one or more commits an overt act in furtherance of that agreement.

85
Q

THIRD PARTY VICARIOUS LIABILITY?

A

Third Party Vicarious Liability asks whether a co-felon is liable for the acts of a third party who acts with justification or excuse.

  • Redline rule (majority)
  • Minority rule
86
Q

ACCESSORY/ACCOMPLICE LIABIITY?

A

accomplice liability ATTACHES to all persons who commit a crime, or promote, encourage, and facilitate the commission of that crime.

An accomplice is liable for another’s actions that are the NATURAL and PROBABLE consequence of the crime.

87
Q

PRINCIPALS AND ACCESSORIES?

A

A principal is one who commits the crime and an accessory is
one who promotes, encourages, and facilitates the commission of that crime.

88
Q

ATTEMPTED BATTERY?

A

Attempted battery is defined as a direct but ineffectual act towards the
completion of the crime of battery with the specific intent to commit battery.

89
Q

Wharton’s Rule?

A

if a crime requires the participation of a SPECIFIC NUMBER of individuals, an agreement between two or more people to commit that crime CANNOT be prosecuted as a conspiracy

90
Q

Bilateral Conspiracy?

A

An approach to the crime of conspiracy that requires an actual agreement between two or more persons; under the bilateral approach, when an individual agrees to commit a crime with an undercover agent who has no intent to commit the crime, there CAN BE NO conviction for conspiracy.

91
Q

conspiracy and second degree murder.

A

charging a defendant with conspiracy to commit unintentional murder crates an inconsistency in the element of conspiracy and extreme indifference murder that is logically and legally impossible to rectify.

**An individual cannot intend to achieve a particular offense that by its definition is unintended.

92
Q

What are types of Vicarious liability?

A

Accomplice liability and Conspiracy liability

93
Q

Alibi?
(elemental defense)

A

Alibi is defined as FACTS placing the defendant at the relevant time in a different place so as to render it impossible for the defendant to be the guilty party. (E)

94
Q

VOLUNTARY INTOXICATION?

A

Voluntary intoxication is defined as the intentional consumption of the alcohol or mind-altering drug.

  • elemental defense = specific intent crimes
95
Q

INVOLUNTARY INTOXICATION?

A

Involuntary intoxication is defined as the unintentional consumption of the alcohol or mind-altering drug.

Elemental defense = all crimes (general & specific intent)

96
Q

Cultural AFFIRMATIVE DEFENSE?

A

Affirmative defense is any defense that assumes the complaint or charges to be correct but raises other facts that, if true, would establish a valid excuse or justification or a right to engage in the conduct in question.

97
Q

Justification & Excuse?

A

Matter of law for the court,. Is there sufficient evidence presented to support the defense alleged and is the defense applicable to the crime(s) charged.

Justification defense focus on the act and not the actor. Excuse defense focus on the actor and not the act.

EX:
Self Defense
Insanity Necessity
Duress

98
Q

ENTRAPMENT?
(affirmative defense)

  • objective and subjective
A

Entrapment is a defense to a criminal charge when the defendant asserts they committed the crime because a government agent induced, encouraged, and incited the commission of the crime.

OBJECTIVE: Objective entrapment defines entrapment regarding a defendant who committed a crime as a result of outrageous police conduct in the inducement. (minority)

SUBJECTIVE: Subjective entrapment defines entrapment regarding a defendant who was pre-
disposed to commit the crime even though police conduct may have provided the opportunity.
(majority)

99
Q

SELF-DEFENSE:
(affirmative defense)

A

Self-Defense is defined as a JUSTIFICATION for conduct that would otherwise be criminal when the defendant is threatened with the use or imminent use, of unlawful force that causes PHYSICAL INJURY and which a reasonable person would believe could not be avoided without the use of physical force, and the actor DEFENDS by using only a REASONABLE amount of force and was not RESPONSIBLE for the situation.

100
Q

DEFENSE OF OTHERS:
(affirmative defense)

A

Defense of others is defined as one being justified in using force to protect a third party from unlawful force by an aggressor. (A)

101
Q

PERPETRATORS AND AIDERS AND ABETTORS?

A

A perpetrator is one who commits the crime and
an aider and abettor is one who promotes, encourages, and facilitates the commission of that crime.

102
Q

INTOXICATION:
(elemental defense)

A

Intoxication is defined as consuming sufficient alcohol or a mind-altering drug such that
the defendant is unable to form the requisite intent to commit the crime. (E)

103
Q

DEFENSE OF PROPERTY:
(affirmative defense)

A

Defense of Property is defined as one may use as much force as is immediately and reasonably necessary to prevent theft and eject a trespasser or thief from their property. (A)

104
Q

Defenses to crimes? Flemmings

A
105
Q

Harison ‘s working definition of accomplice liability.

A

To be liable under the theory of accomplice liability one must aid and abet the principal of a crime, and can be achieved by promoting, encouraging, or facilitating another to commit a crime. An accomplice is liable for another’s actions that are the natural and probable consequence of the crime.

106
Q

Definition of DURESS:
(elemental defense)

A

Duress is defined as a defense which excuses criminal conduct where the defendant was under
an unlawful threat of imminent death or serious bodily injury, where the threat caused the actor to engage in conduct violating the criminal law. (E)

107
Q

Definition of NECESSITY:
(Affirmative defense)

A

Necessity is an affirmative defense where a defendant is justified in committing crimes necessary, as an EMERGENCY MEASURE to avoid an imminent public or private injury that is about to occur by reason or situation that is no fault of the defendant. (A)

108
Q

Definition of INSANITY:
(Elemental or Affirmative)

AMERICAN LAW INSTITUTE (ALI): ALI defines a test for insanity?

A

Insanity is a kind of defense which calls into question the defendant’s ability to form the
requisite mental state of the crime. (E) or (A)

AMERICAN LAW INSTITUTE (ALI):
A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect, they lack substantial capacity either to appreciate the criminality of the conduct or to conform their conduct to the requirements of the law.

109
Q

Definition of Battered spouse syndrome

A

Battered spouse syndrome is the psychological condition of a victim of repeated physical and psychological abuse by a spouse, former spouse, cohabitant, or former cohabitant.

110
Q

citizens arrest?

A

A private person may only use the amount of fore that is reasonable and necessary under the circumstances.
unless the arrestee poses a threat of serious bodily injury to the private arrestor or others.
- state bares the burden to prove the use of deadly force was not reasonable and necessary.

111
Q

Identity defense v. alibi defense?

A

identity defense focuses on the issue of the defendant’s identity as the perpetrator.
It does not require the defendant to prove their alibi; the burden of proof regarding identity remains with the prosecution.
Essentially, identity defense aims to demonstrate that the defendant could not have committed the crime due to being somewhere else entirely.

112
Q

M’NAGHTEN’S RULE?

A

M’Naghten’s Rule defines a test for insanity. It must be clearly proven that, at the time of committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act they were doing; or, if they did know it, they did not know what they were doing was wrong.

113
Q

IRRESISTIBLE IMPULSE?

A

Irresistible Impulse defines a test for insanity. It must be clearly proven that, at the time of the committing of the act, the defendant knew the action was wrong, but who, as a result of a disease of the mind, was unable to exercise control over their actions.

114
Q

DURHAM RULE?

A

The Durham Rule defines a test for insanity. It must be clearly proven that, at the time of the committing of the act, a defendant suffered from a mental disease or defect.

115
Q

ACCESSORY AFTER THE FACT?

A

Accessory after the fact is when one who knows that a crime has been committed, aids, and assists one in escaping capture or prosecution for that crime.

116
Q

KIDNAPPING?

A

Kidnapping is defined as the unlawful movement of a person using force or fear from one place to another. To be kidnapping, the movement need be without the consent of the person and the
movement is for a substantial distance.

117
Q

MAYHEM?

A

Mayhem is defined as an
unlawful act
by means of physical force
resulting in a disfiguring injury
done with malice.

118
Q

PERJURY?

A

Perjury is defined as
making a willful statement,
under oath,
of any material matter
which the witness knows to be false.

119
Q

BIGAMY?

A

Bigamy is defined as marrying any other person while having a husband or wife living.

120
Q

ARSON?

A

Arson is defined as willfully and maliciously setting fire to any structure and land of another.
Arson can be defined as willfully and maliciously setting fire to one’s own property if for the purpose of insurance fraud.

Criminal (1 decks)

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