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Final MBE Review > Crim! > Flashcards

Crim! Flashcards

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MBE flashcards
1
Q

Merger

A

Solication mergers with conspiracy, and underlying
Conspiracy does not merge
Attempt will merge with underlying

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2
Q

Specific intent crimes

A

Soliciation, Conspiracy, Attempt, first degree premeditated murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery

SCA

FA

LEF

RB

F

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3
Q

MPC recklessness: consciously disregarding substantial and unjustifable risk

MPC negligence: failure to be aware fo a substantial and unjustifiable risk

A
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4
Q

Accomplice liability

A

(i) intent to assist principal and (ii) intent that principle commit underlyng crime
(ii) aids, counsels, advises, or encourages before or during teh commission of the crime

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5
Q

criminal negligence

A

(1) fails to be aware of a substantial and unjustifiable risk
(ii) failure constitutes a substantial deviation from standard of care that RP would have eercised

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6
Q

Trasnferred intent

A

applies to homicide, battery, arson only

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7
Q

Liable for co-conspirator if

A

in furtherance of conspiracy and f

forseeable

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8
Q

Conspiracy - withdrawal

A

can’t withdraw from conspiracy, can withdraw from crimes commited in furtherance

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9
Q

Third party deaths in felony murder

A

Proximate case: D liabile for death of third parties caused by smomoen OTHER than co-felon (but for the commission of that felony, person would still be alive)

Agency theory: D only liable for deaths caused by co-felon

NOT liable for death of co-felon

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10
Q

Murder + imperfect self-defense; murder but provocation

A

voluntary manslaughter!

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11
Q

car driving negligently?

A

involuntary manslaughter - criminal negligence

misdemeanor manslaughter - involunatary also

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12
Q

Murder requires causation

A

proximate (natural and forseeable)
but-for

simultaenous acts of two or more persons may be independently sufficient causes of a single result

D poisoned V, but V died of cancer first - D not guilty, unless sped up something that was bound to happen

UNforseeable risk can break causation (negligent medical care, refusal of medical treatment are forseeable)

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13
Q

‘first degree premeditated and alcohol

A

drops to second-degree murder

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14
Q

robbery

A

Rotaking personal property of another from their person or precense (including visciniity! - e.g., purse on subwy car next to)
by force or threats of immediate injury with intent to permanently deprive

force = used to gain possession or immediatley keep possession

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15
Q

M’N

A

does not know what is wrong or does not understand actions

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16
Q

irresistable impusle

A

can’t ressist impulse

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17
Q

MPC

A

lack substantial capacity to confirm conduct to requirement sof law or appreciate the criminality of their conduct

18
Q

self-defense

A

without fault, confronted with unlawful force, reasonably believes that they are threanted with imminet death or great bodily harm

19
Q

probable cause definition

A

trusthworthy facts or knowledge sufficient for reasonable prson to believe that suspect has committed or is commiting a crime of rhwihc arrest is authroized by law

20
Q

Cars - search incident to lawful arrest

A

(1) unsecured or (2) reason to believe evidence in car

Can look in passenger compartment

21
Q

automobile exception

A

probable cause contains evidence

can look anywhere in car where item could be found (including trunk)

22
Q

automobile stopped to issue citation

A

if believe detainedd is armed and dangerous, can search anywhere in passenger compartment where there could be a weapon

23
Q

Terry stop

A

reasonable beleivf and articularble suspicion

24
Q

right to speedy trial

A

defendant has to be arrested or charged

25
Q

right to counsel for NON felony violated AT trial

A

if D asks for counsel, is denied, and is convicted, right to counsel violatino depends on sentence: if no impisonment, rights haven’t been violated. if imprisonment, has been

Felony; always violated

26
Q

ineffective assistance claim

A

(1) deficiency and

(2) reasonable probability that but for deficiency, result would have been different

27
Q

confrontation?

A

cirminal D, unaviaable, witness, right to cross-examine
Prior testimonial evidence (preliminary hearing, grand jusry, former trial, police interrogation, except ongoing emergency)

28
Q

right to jury

A

serious offenses - impirsonment more than 6 months possible

29
Q

guilty plea

A

knowing and voluntary, intelligent
Judge must address D to ensure knows nature of charte, max possible charge, righ tot pelad not guilty, righ tot wavie tria,

30
Q

guilty plea impacts

A

does not waive 4th amendment claims in civil damages
does not admit legality of incriminating evidence
can be used as a conviction in other proceedsings

31
Q

plea bargaining

A

judge does not have to accept

not involuntariy just becuase prosecution threatened ot charge with more serious crime

32
Q

sententing

A

D has righ tot counsel

33
Q

Double jeopardy

A

attaches in jury trial at empaneling and swearing of jury

in bench trial - first witness sworn

34
Q

if defendant elects for separate trials of offenses

A

double jealpardy doe snot apply

35
Q

DJ

A

f breach plea agreement, can bring charges again (e.g., testimony in exchange for lower offense)

36
Q

Depraved heart murder

A

life endangering conduct (objective)

consicous disregard for human life/reckless indifference to human life

37
Q

CL crim negligence

A

requires deviation from standard of care RP would have exericsed + failure to be aware of substantial and unjustifiable risk

38
Q

felony murder

A

death caused whiel fleeing (but not at place of safety) counts as socmmission of the felony

39
Q

larceny

A

if later change your minda nd return it, still gulty of lareeny

40
Q

self-defense

A

justification - wont’ be liable at all if ALL elements are met

Final MBE Review (10 decks)

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