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Criminal FYLSE > Checklist > Flashcards

Checklist Flashcards

0
Q

What are the important questions to ask if a homicide has been committed?

A
  • homicide?

- malice?

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1
Q

What are the crimes against persons?

A

(FI)B MARK

  • FI
  • Assault
  • Battery
  • Mayhem
  • Kidnapping
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2
Q

Three major ways a homicide can occur?

A
  • defendant’s act
  • third party’s act
  • defendant’s omission to act
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3
Q

If a homicide has occurred as a result of the defendant’s act, what is the next question?

A

Causation

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4
Q

If a homicide has occurred as a result of the act of a third-party, what is the next question?

A

If there is vicarious liability to make defendant responsible

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5
Q

If a homicide results from the defendant’s omission to act, what is the next question?

A

If the defendant had a duty to act

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6
Q

If a homicide has been committed, what must be considered for malice?

A
  • intent to kill, intent to seriously injure, wanton and willful disregard for human life, felony murder rule application
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7
Q

If the felony murder rule applies to a homicide, what are the next two questions to ask?

A
  • was the crime an inherently dangerous felony?

- did the homicide occur during the perpetration of the felony?

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8
Q

What is the first question to ask yourself when considering a criminal law question?

A

Who or what is being targeted?

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9
Q

If there has been a death, what are the three different ways that the defendant could be responsible for it?

A
  • D’s own act
  • third party’s act
  • D’s omission
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10
Q

If The defendant’s own act was the reason for a homicide, what must you discuss on an essay?

A

Causation

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11
Q

If a third party’s act is what caused a homicide, what must you discuss on an essay?

A

Vicarious liability

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12
Q

If the D’s omission caused a homicide, what must you discuss on an essay?

A

Whether he had a duty

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13
Q

After determining whether defendant was responsible for a homicide, what must you next discuss?

A

If he acted with malice

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14
Q

If the D’s act made him responsible for a homicide, and he acted with malice, then what is he guilty of?

A

Murder

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15
Q

If felony murder is at issue, what are the two things that have to be discussed?

A
  • Was crime an inherently dangerous felony?

- did homicide happen during the perpetration of the felony?

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16
Q

If you know there has been a murder, what are the three categories of exceptions to murder?

A
  • justification
  • excuse
  • mitigation
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17
Q

If a justification for murder can be proven, what does that do to liability?

A

Takes the murder to no crime

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18
Q

If an excuse for murder can be proven, what does that do to the murder?

A

It takes the murder to no crime

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19
Q

If mitigation can be proven for a murder, what does that do to liability?

A

It turns the murder into voluntary manslaughter

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20
Q

What are the three possible justifications to murder?

A
  • V was involved in the Commission of a crime
  • self defense/defense of others
  • reasonable and good faith mistake
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21
Q

What are the two different ways that a victim could be involved in the commission of a crime, and the defendant would be justified to commit murder?

A
  • crime prevention

- apprehension of a fleeing felon

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22
Q

What are the three possible excuses to murder?

A
  • youth
  • insanity
  • involuntary intoxication
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23
Q

How can you prove mitigation of murder for manslaughter?

A
  • provocation
  • coercion/necessity
  • unreasonable and good faith mistake
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24
Q

If a homicide has been committed, but there is no malice, what are the two questions you must ask?

A
  • did defendant act with criminal negligence?

- does a misdemeanor manslaughter rule apply?

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25
Q

If a homicide was committed without malice, what is the crime?

A

Involuntary manslaughter

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26
Q

If malice does not exist, what are the two possibilities for involuntary manslaughter crimes?

A
  • criminal negligence

- misdemeanor manslaughter

27
Q

If a Murder has been established, what is the next thing you have to consider?

28
Q

What are the two things that have to be considered for first-degree murder?

A
  • premeditated and deliberated intent to kill

- killing during the commission of an inherently dangerous felony

29
Q

What are the non-homicide crimes against a person?

A
  • False imprisonment, battery, mayhem, assault, rape, kidnapping
30
Q

What is the mnemonic to help remember the crimes against persons?

A

(FI)B MARK

31
Q

What does FIB MARK stand for?

A

false imprisonment, battery, mayhem, assault, rape, kidnapping

32
Q

What are the most important elements of battery?

A
  • intent to injure
  • unlawful act (no consent/privilege)
  • force
33
Q

What are the most important elements of assault?

A
  • attempted battery

- intentional frightening

34
Q

What are the most important elements of mayhem?

A
  • intent to maim

- DDD (dismemberment, disfigurement, disablement)

35
Q

Most important elements of rape?

A
  • unlawful
  • sexual intercourse
  • without consent
36
Q

When you’re thinking about rape on the checklist, what is the other thing you also need to discuss right afterward?

A

Statutory rape

37
Q

What is statutory rape?

A

Sex with a minor (usually 14-18)

38
Q

The most important elements of kidnapping?

A

False imprisonment and asportation

39
Q

After you have thought about the crimes against people, what is the next category need to think about?

A

Crimes Against property

40
Q

What Is the first category of property crimes?

A

Theft crimes

41
Q

The three major categories of theft crimes?

A

Taking crimes, delivery crimes, receiving stolen property

42
Q

What are the three taking crimes?

A

Larceny, robbery, extortion

43
Q

What are the two categories of delivery crimes?

A

Intent to steal at the time of acquisition, and intent to steal after acquisition

44
Q

What are the three things to consider when thinking about crimes involving intent to steal at the time of acquisition?

A
  • custody: larceny
  • possession: larceny by trick
  • title: false pretenses
45
Q

What are the three things to consider when thinking about intent to steal after acquisition of property?

A
  • custody: larceny
  • position: embezzlement
  • title: no crime
46
Q

What are The three important elements to receiving stolen property?

A

Property must of been stolen, defendant must have known, and had intent to steal

47
Q

What is the major outline of criminal law?

A

Crimes against the person:

  • homicide
  • personal crimes

Crimes against property:

  • theft
  • structure crimes

Inchoate crimes

Vicarious liability

Defenses

48
Q

What The structure crimes?

A

Burglary and arson

49
Q

What are the inchoate crimes?

A

Solicitation, conspiracy, attempt

50
Q

What is important question to ask with solicitation?

A

Does it merge into the conspiracy, attempted crime, or completed crime?

51
Q

What Is the important question to ask about agreement for conspiracy?

A

Was the agreement express or implied?

52
Q

What are The two important questions to ask when you’re dealing with a conspiracy?

A

If the jurisdiction requires an overt act, and whether or not the defendant withdrew

53
Q

What are the major points to hit when you’re dealing with attempt?

A
  • If defendant had the specific intent to commit the crime
  • if defendant entered the zone perpetration
  • if impossibility applies
  • if it merges into the completed crime
54
Q

What are the two major categories of vicarious liability?

A

Accomplice liability and co-conspirator liability

55
Q

What are the major categories to ask when you’re dealing with accomplice liability?

A
  • did D aid and abet the crime?
  • did D have specific intent to commit the crime?
  • was he an accessory after-the-fact?
56
Q

What are the defenses to criminal liability?

A
  • Youth
  • insanity
  • intoxication (voluntary/involuntary)
  • necessity/coercion (greater evil doctrine)
  • mistake (of law and of fact: specific intent/general intent/SL)
  • entrapment (predisposition/induced)
57
Q

What are the two categories of intoxication?

A

Voluntary and involuntary

58
Q

Is involuntary intoxication defense?

59
Q

Is voluntary intoxication a defense?

A

Only to a specific intent crime

60
Q

Is Mistake of law a defense?

61
Q

Is mistake of fact a defense?

A

Depends on the intent level

62
Q

How do you deal with mistake of fact as a defense?

A
  • SI: good faith
  • G.I.: reasonable and good faith
  • SL: no defense
63
Q

What are the two views of entrapment?

A

traditional view: predisposition

modern view: inducement of a reasonable person

64
Q

What are the major check list categories for criminal homicide?

A
  • homicide
  • malice
  • if malice, then murder, unless: justification, excuse, mitigation
  • if no malice = InvM
  • if murder, degree
  • crimes against persons

Property:

  • theft crimes
  • structure crimes
  • inchoate crimes
  • vicarious liability
  • defenses
65
Q

What is the mnemonic to help remember the defenses from the checklist?

A

IMI(N/C)EY

  • infancy
  • mistake
  • intoxication
  • necessity/coercion
  • extortion
  • youth
66
Q

What Are the two major areas of crimes against the person?

A

Homicide and crimes against persons

Criminal FYLSE (52 decks)

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