Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Criminal FYLSE > Checklist > Flashcards

Checklist Flashcards

0
Q

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

A
  • homicide?

- malice?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What are the crimes against persons?

A

(FI)B MARK

  • FI
  • Assault
  • Battery
  • Mayhem
  • Kidnapping
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Three major ways a homicide can occur?

A
  • defendant’s act
  • third party’s act
  • defendant’s omission to act
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

Causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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

A

Who or what is being targeted?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A

Causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A

Vicarious liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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

A

Whether he had a duty

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

If he acted with malice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A
  • justification
  • excuse
  • mitigation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

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

A

Takes the murder to no crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

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

A

It turns the murder into voluntary manslaughter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What are the three possible excuses to murder?

A
  • youth
  • insanity
  • involuntary intoxication
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

How can you prove mitigation of murder for manslaughter?

A
  • provocation
  • coercion/necessity
  • unreasonable and good faith mistake
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
If a homicide has been committed, but there is no malice, what are the two questions you must ask?
- did defendant act with criminal negligence? | - does a misdemeanor manslaughter rule apply?
25
If a homicide was committed without malice, what is the crime?
Involuntary manslaughter
26
If malice does not exist, what are the two possibilities for involuntary manslaughter crimes?
- criminal negligence | - misdemeanor manslaughter
27
If a Murder has been established, what is the next thing you have to consider?
Degree
28
What are the two things that have to be considered for first-degree murder?
- premeditated and deliberated intent to kill | - killing during the commission of an inherently dangerous felony
29
What are the non-homicide crimes against a person?
- False imprisonment, battery, mayhem, assault, rape, kidnapping
30
What is the mnemonic to help remember the crimes against persons?
(FI)B MARK
31
What does FIB MARK stand for?
false imprisonment, battery, mayhem, assault, rape, kidnapping
32
What are the most important elements of battery?
- intent to injure - unlawful act (no consent/privilege) - force
33
What are the most important elements of assault?
- attempted battery | - intentional frightening
34
What are the most important elements of mayhem?
- intent to maim | - DDD (dismemberment, disfigurement, disablement)
35
Most important elements of rape?
- unlawful - sexual intercourse - without consent
36
When you're thinking about rape on the checklist, what is the other thing you also need to discuss right afterward?
Statutory rape
37
What is statutory rape?
Sex with a minor (usually 14-18)
38
The most important elements of kidnapping?
False imprisonment and asportation
39
After you have thought about the crimes against people, what is the next category need to think about?
Crimes Against property
40
What Is the first category of property crimes?
Theft crimes
41
The three major categories of theft crimes?
Taking crimes, delivery crimes, receiving stolen property
42
What are the three taking crimes?
Larceny, robbery, extortion
43
What are the two categories of delivery crimes?
Intent to steal at the time of acquisition, and intent to steal after acquisition
44
What are the three things to consider when thinking about crimes involving intent to steal at the time of acquisition?
- custody: larceny - possession: larceny by trick - title: false pretenses
45
What are the three things to consider when thinking about intent to steal after acquisition of property?
- custody: larceny - position: embezzlement - title: no crime
46
What are The three important elements to receiving stolen property?
Property must of been stolen, defendant must have known, and had intent to steal
47
What is the major outline of criminal law?
Crimes against the person: - homicide - personal crimes Crimes against property: - theft - structure crimes Inchoate crimes Vicarious liability Defenses
48
What The structure crimes?
Burglary and arson
49
What are the inchoate crimes?
Solicitation, conspiracy, attempt
50
What is important question to ask with solicitation?
Does it merge into the conspiracy, attempted crime, or completed crime?
51
What Is the important question to ask about agreement for conspiracy?
Was the agreement express or implied?
52
What are The two important questions to ask when you're dealing with a conspiracy?
If the jurisdiction requires an overt act, and whether or not the defendant withdrew
53
What are the major points to hit when you're dealing with attempt?
- 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
What are the two major categories of vicarious liability?
Accomplice liability and co-conspirator liability
55
What are the major categories to ask when you're dealing with accomplice liability?
- did D aid and abet the crime? - did D have specific intent to commit the crime? - was he an accessory after-the-fact?
56
What are the defenses to criminal liability?
- 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
What are the two categories of intoxication?
Voluntary and involuntary
58
Is involuntary intoxication defense?
Yes
59
Is voluntary intoxication a defense?
Only to a specific intent crime
60
Is Mistake of law a defense?
No
61
Is mistake of fact a defense?
Depends on the intent level
62
How do you deal with mistake of fact as a defense?
- SI: good faith - G.I.: reasonable and good faith - SL: no defense
63
What are the two views of entrapment?
traditional view: predisposition | modern view: inducement of a reasonable person
64
What are the major check list categories for criminal homicide?
- 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
What is the mnemonic to help remember the defenses from the checklist?
IMI(N/C)EY - infancy - mistake - intoxication - necessity/coercion - extortion - youth
66
What Are the two major areas of crimes against the person?
Homicide and crimes against persons

Criminal FYLSE (52 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions