BLL Crim Law Flashcards
what are the specific intent crimes?
Burglary
Attempt
Murder
Assault
Conspiracy
Theft
Solicitation
what are the general intent crimes?
battery
rape
kidnapping
false imprisonment
what are the malice crimes?
CL murder
arson
what are the SL crimes?
statutory rape
selling liquor to minors
bigamy
what is the purposely state of mind?
conscious object to engage in prescribed conduct
define the knowingly mens rea
awareness that conduct is of a particular nature or will cause a particular result
define reckless mens rea (MPC)
consciously disregarding a substantial and unjustifiable risk
define negligence (MPC)
failure to be aware of a substantial and unjustifiable risk
What is a principal liable for?
the principal crime
what is an accomplice liable for (or accessory before the fact)?
principal crime if accomplice intended to aid or encourage the crime
what is the purposely state of mind?
conscious object to engage in prescribed conduct
what is an accessory after the fact liable for?
liable for separate, less serious crime of being an accessory after the fact
what inchoate crimes merge?
solicitation and attempt
what is an accessory after the fact liable for?
liable for a separate, less serious crime of being an accessory after the fact
define murder
unlawful killing of another human being with malice aforethought
what is the purposely state of mind?
conscious object to engage in prescribed conduct
define first degree murder
- felony murder
- deliberate and premeditated murder
define first degree murder
deliberate and premeditated murder, includes felony murder
define second degree murder
killing done w/ reckless indifference to an unjustifiably high risk to human life
what is the purposely state of mind?
conscious object to engage in prescribed conduct
felony murder
any death caused in the commission or or in attempt to commit a felony
what felonies are included under the felony murder rule at CL?
Burglary
Arson
Rape
Rrobbery
Kidnapping
define voluntary manslaughter
killing that would be murder but for the existence of adequate provocation
when is provocation adequate to decrease murder to voluntary manslaughter?
- provocation that would arouse a sudden and intense passion int he mind of an ordinary person, causing them to lose self control
- D was in fact provoked
- not sufficient time between provocation and killing for a reasonable person to calm down
- D in fact did not cool off
define involuntary manslaughter
a killing committed w/ criminal negligence (recklessness standard under MPC) (failure to be aware of a substantial and unjustifiable risk)
define criminal battery
unlawful application of force to the person of another resulting in either bodily injury or offensive touching
define criminal assault
1, an attempt to commit a battery OR
2. intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm
define criminal false imprisonment
unlawful confinement of a person without the person’s valid consent
define kidnapping
unlawful confinement that involves movement of the victim or concealment of the victim
define larceny
a taking and carrying away of tangible personal property of another by trespass with intent to PERMANENTLY deprive
define embezzlement
fraudulent conversion of personal property of another by a person in lawful possession fo that prop
define the crime of false pretenses
obtaining TITLE to personal prop of another by an intentional false statement with intent to defraud
DEFINE THE CRIME OF LARCENY BY TRICK
tricking victim into giving up CUSTODY OR POSSESSION or prop
define robbery
a taking of personal prop of another from the person’s presence or person by force of threats of imminent force with the intent to permanently deprive
define burglary at CL
a breaking and entry of a dwelling of another at nighttime with the intent to commit a felony therein
define arson at CL
malicious burning of the dwelling of another
what is the M’Naughten rule for the insanity defense?
a D is entitled to acquittal only if, because of their mental illness, they were unable to control their actions or conform their conduct to the law
what is the Durham test for insanity?
a D’s crime was the product of their mental illness
what is the MPC test for insanity?
id D had a mental disease or defect, and, as a result, they lacked substantial capacity to either appreciate the criminality of their conduct or conform their conduct to the reqs of the law
when is voluntary intoxication a defense?
only to specific intent crimes
BAM ACTS
when is involuntary intoxication a defense?
all crimes
is a mistake of law a defense to a crime?
no
what is the purposely state of mind?
conscious object to engage in prescribed conduct
what is the purposely state of mind?
conscious object to engage in prescribed conduct
what is the purposely state of mind?
conscious object to engage in prescribed conduct
