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Practice sets > Crim > Flashcards

Crim Flashcards

1
Q

Burden of Proof

A

Prosecution must prove each element of a crime beyond a reasonable doubt

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2
Q

Elements of a crime

A

Mens Rea
Physical Act
Causation
concurrence

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3
Q

Voluntary Act

A

concious movement

NOT: felex, conduct while unconcious or sleep, movement that isn’t product of effort or determination

Doesn’t include failure to act unless: duty, statute, caused harm, contract, failing to act reasonably after resuce

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4
Q

Mens Rea

A

Mental State

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5
Q

CL Mens Rea Mental States

A

General Intent
Specfic Intent
Malic
Strict Liabiliyy

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6
Q

Specfic Intent

A

D wants to achieve specific result and act with specific purpose

Burglary
Assault 
First Degree MUDder
False Pretenses
Larceny
Embezzlement
Solicitation
Conspiracy
Attempt
Robbery
Forgery
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7
Q

GEneral Intnet

A

D aware of he is doing and jury can infer by act

Battery
rape
false imprisonment
kidnapping

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8
Q

Malice

A

D acts recklessly or w/ intentional disregard of a obvious or known risk that particular result will occur

Murder (not 1st)
Arson

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9
Q

Strict Liability

A

no mental state

non felonies that are part of regulatory scheme
Bigamy
Statutory Rape

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10
Q

MPC Mental States

A

Purposely
Knowingly
REcklessly
Neglgiently

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11
Q

Purposefully

A

D’s concious objective to engage in specfic conduct or cause result

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12
Q

Knowingly

A

d is aware that he is acting in certain way or that’s practially certain conduct will result

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13
Q

Willful Blindness

A

not good defense

person seeks avoiding liability by deliberately avoiding discovering facts that would impose liability

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14
Q

Recklessly

A

concious disregard a substantial unjustifiable risk ad grossly deivates from standard of conduct that law-abiding citizen would have to folpw

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15
Q

Negligently

A

should have been aware of substantial and unjustifiable risk & grossly deivates from standard of conduct reaosnable person would observe

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16
Q

Causation

A

But For (Actual)

Proximate- damae

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17
Q

Concurrence

A

D must have guilty mind at time he committed guilty act

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18
Q

Principal

A

person who commits crime

must be guilty for accomplice to be liable but doesn’t need to be convicted

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19
Q

Accomplice

A

person who assists or encourages principal with intent crime is committed

words, supplying, driving get away

needs mens rea that crime be committed

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20
Q

Accomplice Liability

A

crimes committed that accomplice aids or encourages and natural and probable results

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21
Q

Avoiding Accomplice Liability

A
  1. Repudiating encouragement if he encouraged
  2. undoing assistance is he provided aid
  3. Notify authorities to prevent crime was happening if can’t do above
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22
Q

Accessory After the Fact

A

knowingly assist person who committed felony
with knowledge that felony has been committed and w/
intent to help principal avoid arrest, trial, or conviction

*not liable for felony rather obstruction of justice

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23
Q

Murder

A

intentional killing of another human being with malice aforethought

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24
Q

Malice Aforethought

A
  1. premediation and deliberation (1st Degree)
  2. intent to cause serious bodily harm (2nd Degree)
  3. extreme Recklessness (2nd Degree)
  4. intent to kill w/out justifiable excuse or mitigating circumstances (2nd degree)
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25
Q

1st Degree

A

premeditation + deliberation

thought and makes choice

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26
Q

2nd Degree Murder

A
  1. intent to cause serious bodily harm

2. extreme recklessness

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27
Q

Felony Murder

A

felony + death
killing that occurs during inherently dangerous felony, attempt of felony, or flight from felony but before d reaches place of temporary safety

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28
Q

Limitation on Felony Murder

A
  1. proximate Cause- felon must set in motion acts that cause death; liable even if 3rd party commits killing
  2. . Agency Theory- if cause of death is non felon then can’t be applied; bystander accidently kills innocent when attempting to shoot D
  3. must be guilty of felony
  4. forseeable death
  5. victim isn’t co-felon
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29
Q

VoluntaryManslaughter

A

intentional killing of human being w/out malice aforethought committed in heat of passion (no time to cool) due to adequate provocation

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30
Q

Standard to eval manslaughtwr

A

objective and subjective
reasonable time to cool & reasonable person would have had impaired capacity for self-control

D had time to cool and if D was provoked

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31
Q

Involuntary Manslaughter

A

killing of another human being due to recklessness (maj) or gross negligence (minority)

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32
Q

Assault

A

SPECFIC INTENT
attempted battery
intentional infliction of apprehension due to act of D that causes P to reasonably fear imminent bodily harm

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33
Q

Battery

A

GENERAL INTENT

D acts w/out intent to cause harmful/offensive contact to another & harm results

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34
Q

Rape

A

GENERAL INTENT

unlawful sexual intercourse without consent using force, threat of force or when victim is unconcious or incapble of consent

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35
Q

Statutory Rape

A

STRICT LIABILITY

sexual intercourse w/ minor

reaosnable mistake of fact even if lie, encouragement by minor, minor is prostitute not defenses

MPC- allows for defense of reasonable mistake

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36
Q

Kidnapping

A

GENERAL INTENT

unlawful confinement or restraint of another that either involves moving or concealing victim
CL- not required to move victim very far
MPC- D required to either remove victim from her home or substantial distance

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37
Q

False Impriosnment

A

GENERAL INTENT

unlawful restaining or confinement of person in bounded area by force or threat of force and victim knows of ocnfinmnr=ent

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38
Q

Arson

A

MALICE

burning (charring not scorching) of dwelling of another

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39
Q

Larceny

A

SPECFIC INTENT

trespassory taking and carrying away of personal property of another with intent to permanently deprive them

Not larceny if one intends to give back even if borrowed w/out permission, property is his or claiming it as repayment, or D has possession

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40
Q

Larceny By Trick

A

intentionally makes a false representation of a material past or existing fact to obtain custody but not title of personal peropty of another

P intends to give but only for short period of time

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41
Q

False Pretenses

A

intentiaonlly makes false representation of material past or present fact to obtain title with intent to defraud

must rely on statement

42
Q

Embezzlement

A

fraudulent conversion or missapproiation of peropty of another by one who is already in lawful possession of that property

43
Q

Roberry

A

larceny + taking from other’s person presence + force or threat of force

Presence- good stolen is reasonably close to victim & victim must feel fear, threat of force must be used to gain possession of property and be immediate

44
Q

Forgery

A

makes or alters false writing with intent to defraud

must have legal signficance not writings with historical or artisitic value

45
Q

Burglary

A

breaking + enterig dwelling of another at night w/ intent to commit felony there in
breaking- minimal force suffices pushing door, open window more, NOT gaining access through open door

46
Q

Recevign Stolen Goods

A

receving possession and control of stolen personal property known to have been obtained in matter of criminal offense by another person

must know at time received

47
Q

Possession

A

actor knowingly procured or recevied item possessed or actor aware of control for sufficent period to have been able to termination possession

just need to be aware of possession not illegality

48
Q

Attempt

A

SPECFIC INTENT to complete crime

MPC/Majority- substnatial step that is strongly corroborative of criminal purpose
CL- dangerous proximity test

merges with completed crime can’t be convicted of both

49
Q

Attempt defenses

A

legal impossibility
abadonment if not in CL jurisdiciton
Factual impossibiliy is nver a defense

50
Q

Conspiracy

A

SPECFIC INTENT to enter into agreement and accomplish objectives
agreement by 2 or more people to commit crime and overt act in furhterance of crime
no merger can be convicted of crime and conspiracy

51
Q

Defenses to Conspiracy

A

withdrawl- further crimes not liable

impossbility or failure to complete isn’t a defense

52
Q

Soliciitation

A

SPECFIC INENT THAT CRIME BE COMMITTED
D requests encourages, advises, commands someone commit crime
no merger convicted of both crime and solicitation

53
Q

Defenses to Solicitation

A

factiual impossibility and withdrawl aren’t defenses

54
Q

Self Defense

A

deadly force can be use if reasonable belief facing imminent threat of death or serious bodily harm and not inital afressor unless it was escalsted comunicated withdrawl

55
Q

Retreating

A

Majority- don’t have to retreat can stand your ground
CL- retreat is required unless can’t get to safety or in home

No duty to retreat in using non deadly force

56
Q

imperfect self defense

A

mitigates murder to voluntary manslaughter if D was unreasonable or initial agressor

57
Q

M’Naghten Test for Insanity

A

D suffered a disease of mind that caused defect of reason and as result lacked ability to know wrongfulness of actions or understand nature and quality of action

Strongest Defense: D didn’t know act was morally wrong

58
Q

Irrestiable impuslse test

A

unable to control action and conform conduct to law

59
Q

MPC Insanity test

A

lackde substanial capacity to appreciate criminality of conduct or conform conduct to requirements of law

60
Q

Comeptency to stand triAL

A

consult w/ lawyer with reasonable degre of rational understanding and rational as well as factual understanding of the prceedigns against him

61
Q

Involuntary Intoxication

A

D takes intoxicating substance without knowledge of nature, under direct duress imposed by another, or pursuant to medical advice and unaware of intoxicating effects

acquitted if met

62
Q

Voluntary Intoxication

A

SPECFIC INTENT CRIME DEFENSE ONLY

d unable to develop specfic intent for crime

63
Q

Infancy

A

CL- D under 7 no liability, under 14 presumption not liable, 14+ treated as adult
Modern- can’t be prosecuted until 14

64
Q

Mistake of Fact

A

mistake of fact even unreasonable negates specific intent will be defense so long as it is in good faith
SL- no defense
General intent/malice- reasonable mistake defense

65
Q

Ignorance of law

A

NOT DEFENSE

unless statute specfically makes knowledge of law an element of crime
statute wasn’t published or readily avialble
D acted with reasonable reliance on statute or jduical decsion
relied on erroeous offical statement of law from charged by law with responsiblity of interpreting,a dministerinf or enfocing law *NOT LAWYER

66
Q

Duress

A

D performs crim obecause reasonable fear if he didn’t perform either self or 3rd party would suffer inmminent death or severe bodily haem

NOT DEFENSE TO INTENTIONAL HOMOCIDE BUT CAN USE FOR INVOLUNTARY MANSLAUGHTER

67
Q

Entrapment

A

law enforcement induced D to commit crime

not guilty if criminal design originiated w/ gov and D was person who wasn’t predisposed to commit crime

68
Q

4th Amedment

A

applies to seraches and seizures conducted by government agents where individuals have expectation of privacy

69
Q

Standing for 4th Amendment

A

must have expectation in privcacy in thing searched or seized
overnight guest in place if place searched is area reasonably occupy

70
Q

Government agents

A

police, private citizens following police direction, public school adminsitrator, secuirty personnel with power to arrest

71
Q

Proper Search + Seizure

A

properly conducted pursuant to valid warrant or if warrant exception applies

72
Q

Warrant Requirements

A

issued by unbiased magistrate (neutral and detached) that is supported probable cause (reasonable person could conclude person committed crime more than a hunch) and particularity (specfic about people and places to be searched or items to be seized)

73
Q

Knock + Announce

A

Officer’s must annunce their presence and wait reasonable amount of time for someone to answer before searching

doesn’t trigger exclusionary rule

not required if evidence will be destoryed, hot pursuit

74
Q

Arrest

A

Requires probable cause

submits to police custody

Don’t need warrant to arrest in publkic place, witness crime, occupant of car

75
Q

Good Faith Warrant

A

if warrant is defective good faith executed by officer in the warrant can save it

76
Q

Plain View

A

officer who is lawfully present in area can seize item if immediately apprrnt item is contraband

77
Q

Search incident to Arrest

A

officer can frisk person and condcut search of grabable area even in car w/out warrant to keep officer safe

78
Q

Search incident to arrest Car

A

unsecured- everything but trunk

Secured- must hav reasonable beleif that it contains evidence of crime for which suspect was arrested for

79
Q

ADminsitrative Search

A

no warrant

reasonablness

80
Q

Terry Stop and Frisk

A

police can briefly detain suspect if they believe he is in involved in criminal activity and conduct nonintrusive search of person if beleive armed and dangerous

Reasonable suspiscion

81
Q

Factors to consider if person seized

A

Totality of cicrumstances

officer specfically tells her she can refuse to talk
officers' demeanor, tone, language
officer displahed weapon
phyical touching 
one or several officers
82
Q

Seizure of person

A

person would beleive she isn’t free to leave

83
Q

Reasonable Suspeiciaon

A

reasonable person would believe based on specfic facts crimianl activity present

84
Q

Exclusionary Rule

A

physical and testemonial evidence obntained wrongfully inadmisible agains tperson whose rights violated

Still be used to impeach and in civil or grand jury proceedings

85
Q

Fruit of poisionous tree

A

evidence that indirectly derives from illegally obtained info excluded also

86
Q

Tainted Fruit can come if eception applies

A

it was going to get discovered regardless
independent source- obtained later through activities untained by illegality
Taint disappears-due to time or intervening circumstances (Attenuation)

87
Q

Miranda

A

Right to reamain silent
anything you can say can and will be used against you
Right to attorney
if you cannot afford one will be provided

88
Q

Excluding Confession under due process

A

police subjected suspect to coercive conduct and overcame will of suspect

89
Q

Involutnary Statement

A

inadmisible even for impeachment unless it violates the 6th not the 4th

90
Q

6th Amendment right to counsel

A

right attaches when jusicial proceedings have begun meaning D has been formally charged and appleis to all cricval stages of post charge

91
Q

6th Amendment offense specfic

A

officer’s can’t question D on offense charged but can question D on right he isn’t charged with

92
Q

Waiver of rights

A

must be knowing, intelligent, and voluntary

93
Q

Custodial Interrogation

A

Miranda must be given

interrogation initiated by law enforcement

undercover informant doesn’t count

94
Q

invoking Miranda

A

explicit
umabigious
unrquivocal

95
Q

invocation of Miranda if honored

A

if invoked questioning must stop
courts look at factors to see police honored:
length of time police stopped questioning, re-Mirandaized, questioned about same or different crime, if suspect initated conversation

96
Q

Request for Counsel Expires

A

14 days after suspect released from custody

97
Q

Standard for ineffective counsel

A

lawyers performance was deficent and fel below objective standard of reasonableness
reasonabl probability that but for ineffective assistance result would be different

98
Q

When does Jeporardy attach

A

jury- jury is sown
bench trial- first witness sworn
plea bargaining- unconditonal guily plea accepted

99
Q

Exceptions to double jepoardy

A

deadlocked jury
appeal is successful
manifest neccessity- mistrial
plea agreement breach

100
Q

Guilty Plea

A

Judge must determine guilty plea is voluntary and intelligent

judge needs to ensure D understands the charges against him, maximum possible penalty and mandatory minimum, right not to plead guilty, and guilty plea waives right to trial

101
Q

Deritive use Immunity

A

protects consiuttional privilrgr against self incrimination which applies to acts of production that owuld have testemonial signiificance

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