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1L finals Fall > Crim > Flashcards

Crim Flashcards

1
Q

What is a

Crime

formula

A

Actus Reus + Mens Rea + Causation* + Concurrence

* Some crimes dont require causation

If some part of the equation is not met, then the crime can not be met

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2
Q

What is

Concurrence

in crime

A

Actus rea and mens rea happening at the same time

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3
Q

Basic elements of Most crimes

A

Actus rea (act req)
Mens Rea
Causation
Concurrence

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4
Q

What is Mens Rea?

Act requirements

A

Must be Voluntary
No Punishement for failure to act
Results in some kind of social harm

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5
Q

Mens Rea territory

What is involuntary (MPC)

A

Reflex or convulsion
bodily movements while asleep or unconscious
conduct during hypnosis

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6
Q

Actus rea

Exceptions for failure to act?

Ommissions

A

Special relationships (parent)
Contracts (hired to take care of elderly)
Statutory duty (taxes)
Creation of the risk ()
voluntary assumption ()

legal duty to act

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7
Q

What is Robinson v. California Rule?

A

Status crimes are unconstitutional
Cannot penalize someone for being addicted to drugs, criminalizes something that is beyond a person’s control not an actual act

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8
Q

What is Mens Rea?

Mental State requirements Generally

A

Prohibited mental state

Guilty mind

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9
Q

Mens Rea definitions

Purposely

A

consciously desire a particular result

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10
Q

Mens Rea Definitions

Knowingly

A

Aware that a result is practically certain to follow from your conduct, regardless of desire

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11
Q

Mens Rea Definitions

Recklessly

A

conscious disregard of substantial and unjustifiable risk

Default under the MPC when no mental state is listed
NOT TRUE FOR CL

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12
Q

Mens Rea Definitions

Negligently

A

not aware but should be aware of a substantial and unjustifiable risk

Ignorance of a risk

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13
Q

MPC Diminishing levels Pyramid

A

Purposely
Knowngly
Recklessly
Negligently
Bottom

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14
Q

Strict Liability

A

Regulatory offenses/public welfare offensives, where no mental state needs to be proven

ex. possession crimes or speeding

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15
Q

Causation

A

Linkes the d’s action with the social harm

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16
Q

Concurrence

A

Act and mental state happens art the same time

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17
Q

Intent

Specific intent

A

Pursue a further goal
Having a conscious goal of causing social harm set forth in the definition of the offenses

Only in Common Law - Purposely

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18
Q

General Intent

A

Just doing the crime

Knowingly, Recklessly, Negligently

Only in Common Law

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19
Q

Mistake of Fact - General Intent

A

Mistake must be Honest and Reasonable

Reasonable: a reasonable person would have realized the mistake (objective)
Honest: this person truly believes this scenario to be true (subjunctive)
Exception
No defense even if the facts had been as the actor believed them to be, the conduct would still be illegal or immoral

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20
Q

Mistake of Fact - Specific Intent

A

Honest Mistake

Exception
No defense even if the facts had been as the actor believed them to be, the conduct would still be illegal or immoral

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21
Q

Mistake of Fact MPC

A

To be defense
The mistake negates the mens rea; or
The legislature specifically says that ignorance or mistake is a defense then it is
Exception:
Yes, the defense is not available if the defendant’s conduct would have constituted another lesser crime
Exception to the exception
If Δ’s conduct would be illegal under the facts as he believed them to be, then Δ will be held liable for the charged offense
Ex. Bell, soliciting underage prostitution, liable, cant argue he was honst, reasonably mistaken about age

ex. recklessness negates the mens rea

NO GI/SI distinction
No reasonableness req

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22
Q

Prohibited Objects General Intent

A

Having actual physical control over the thing
Being aware of control long enough to enable termination of possession
Knowledge depends on the context

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23
Q

Larceny

A

Taking/carrying away the personal property of another
From the possession of another
With the Intent to deprive the owner of property

Specific intent

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24
Q

Burglary

A

Breaking; entry by fraud or moving anything blocking door, constructive breaking (fraud or lying)
Entering; any part enters structure, insert tool to gain entry
Dwelling,
With the intent to commit a felony (felounious intent, purposely)

Specific intent

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25
Q

Robbery

A

Lacerny plus
Force or putting Fear
(as a means of effectuating and carrying away the property of another from the person’s presence)

Specific intent

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26
Q

1st degree murder

A

1.Premeditation and deliberation, or
2.Some conduct stated in the Statute like lying in wait, poison, torture; or
3.Felony murder w/ burglary, arson, rape, robbery, or kidnapping as the underlying felony (1st degree felony murder

Common law

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27
Q

Premeditation

First degree murder

A

quantity (thinking about this for a while)

28
Q

Deliberate

1st degree murder

A

Quality of thought (cool head)

29
Q

2nd degree murder

A

Depraved heart killing (killing w/ extreme recklessness)
Ex. Malone, a teenager, shoots friends during Russian Roulette
Felony murder w/ a listed or inherently dangerous felony that is not BARRK (Felony murder in the 2nd degree)

Common Law

Default for intentional killing

30
Q

Voluntary Manslaughter

A

Intentional killing that would normally qualify as second-degree murder but is reduced to lesser crime of VM through the application of a partial defense
like provocation(heat of passion)

Common Law

31
Q

Involuntary Manslaughter

A

Brough the death of another human being through criminal negligence or recklessness
Sometimes gross negligence, sometimes ordinary recklessness
Gross- big deviation from what reasonable people would be aware of

32
Q

Limitation for 2nd felony murder

A

Inherently dangerous felony limitation
Concrete- Did the way the elements were satisfied in this particular case create a substantial risk of death/serious bodily injury
Ex. turkey case
Abstract- In general, does satisfying the elements of this crime create a substantial risk of death/serious bodily injury? “Is the felony itself”
Ex. meth case

33
Q

Res Gestae (start to end req)

A

Causation+
Parts
*Temporal and geographical proximity between the felony and the homicide
*There must be a causal link between the felonious acts and the homicide
a) The death was foreseeable (like proximate cause)
b) The death was the result of acts in furtherance of the felony (like actual cause)
*Felony needs to cause the death essentially

part of felony murder limitations

34
Q

Murder MPC

A

A killing was done either w/ purposely, knowingly, or extreme recklessness
Extreme recklessness- extreme indifference to the value of human life (similar to a depraved heart)
§ 210.2(1)(b)
“Under circumstances manifesting extreme indifference to the value of human life”
Extreme recklessness- conscious disregard of a substantial and very unjustifiable risk
ex.Malone

35
Q

Provocation

Common Law

A
  1. D was actually provoked (subjective)
  2. The reasonable person in D’s shoes would have been provoked (legally adequate provocation) (objective)
  3. D didn’t have sufficient time to cool off (subjective), and
  4. The reasonable person in D’s shoes wouldn’t have cooled off (objective)
    Ex. Barry
    Mere words are not enough to suffice adequate provocation
    Exception
    a wife confesses to adultery or tells her husband he is sexually unsatisfying

CL

36
Q

Manslaughter MPC

A

(1) Killing committed recklessly (but without circumstances manifesting extreme indifference to the value of human life), and/or
(2) when a killing that would otherwise be murder “is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse

37
Q

Provocation

MPC

A

Under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor’s situation under the circumstances as he believes them to be.”
Means
There is a reasonable explanation, but the reasonableness is based on what a person would have done based on the circumstances and the defendant’s perception

38
Q

Criminal Negligent Homicide CL

A

Gross negligence/criminal negligence
the failure to perceive a substantial and unjustifiable risk that constitutes a gross deviation from the standard of care a reasonable person would observe in the situation.
higher than ordinary tort negligence

39
Q

Intent Complicity

A

Not a crime but being complicit in some crime
Dual intent
1) intent to assist, and
2) have the mental state required for the commission of the target offense

ex. Foster

prosecution has to prove that an accomplice has a dual intent

40
Q

Complicity CL

A

Principal in the first degree (P1)
* The person who actually commits the crime or uses an innocent instrumentality to do so
* Accomplices
* Principal in the second degree (P2) - The person who assists P1 and is present at the scene of the crime (charged with crime like P1)
* Accessory before the fact (AB) -The person who assists P1 but is not present at the scene ofthe crime (charged with crime like P1)
* Accessory after the fact (AA) - The person who helps P1 avoid arrest, trial or conviction— and also isn’t present (Charged with lesser serious seperate crime than P1)

41
Q

Why did it matter whether one was a principal or an accessory?

Complicity CL

A
  • If the prosecutor incorrectly identified the defendant as a principal
    when he was actually an accessory, or vice versa, the indictment
    would have to be dismissed
  • An accessory could not be tried and convicted before the principal in
    the first degree
  • An accessory could only be prosecuted in the jurisdiction where his
    acts of assistance occurred whereas principals were prosecuted
    where the crime occurred
42
Q

What is an “innocent instrumentality”?

MPC

A

a person who does not physically commit the actus reus can nevertheless be held responsible for the crime, not as an accomplice but as the principle

ex. stealling a car and convincing a locksmith that you locked yourself out of the car, You have the mental state for larceny, the locksmith is an innocent instrumentality

43
Q

Generally define

Conspiracy

Common Law

A

An Agreement to unlawful act
Can be convicted of both conspiracy and taget offense

44
Q

Elements

Conspiracy

Common law

A

Agreement (can be infered from circumstances, does not need to be expressed or in writting)
Overt act in the furtherance (no matter how trivial, does not need to be substancial)

The act of any one co-conspirator in furtherance of the
agreement is sufficient to prosecute all the co-conspirators, even
those who joined the agreement after the overt act was
performed

45
Q

Conspiracy

Pinkerton Liability

Common law

A

Coconspirators are liable for unintended but reasonably foreseeable crimes that are a natural consequence of the conspiracy

Objective, what most people would foresee

ex. death during a robbery forseeable
rape during robbery not generally foreseeable

46
Q

Defense to Conspiracy

Common law

A

Abandonment
Must be
Completely and voluntarily renounces his criminal purpose, and
* Actually thwarts the conspiracy

47
Q

Generally

Conspiracy

MPC

A

Unilateral approach- only 1 person needs to think theyre agreeing w/ another
Conspiracy and target conspired for offense merge, you can only be convicted of one of them NOT both
No pinkerton liability

48
Q

Conspiracy abandoment

MPC

A

You can abandon just like at common law but also you can either
* Inform co-conspirators that you’re out, stop
criminal activity, or
* Inform police about conspiracy, stop criminal
activity
* If you do either of those things, you don’t
need to actually thwart

49
Q

Mental State

Attempts

Common Law

A

attempt is always a “specific intent” crime

You cannot be convicted of an attempt if you act recklessly or negligently with respect to prohibited conduct or
a prohibited result—there is no attempted reckless homicide, for instance

50
Q

Mental states

Attempt

MPC

A

Two requirements
* (1) The mental state otherwise necessary for the completed crime; and (conscious, voluntary)
* (2) Some kind of purposeful (or knowing, in the case of result crimes) act or omission that would either
constitute the completed crime, or a substantial step “in a course of conduct planned to culminate in his
commission of the crime

51
Q

attempt CL

Abandonment

A

Not a thing
either you went beyond mere preparation or you didnt

52
Q

attempts

Examples of requiring proof that the
defendant had purpose to commit target offense
* Even if the target offense does not require purpose, an
attempt to commit that offense does

A

Intended to kill
* Intended grievous bodily injury
* Acted with gross recklessness and an extreme
indifference to human life, or
* Intended to commit a qualifying felony during the
commission or attempted commission of which a
death occurred
attempted murder requires proof of purpose to kill, nothing short of purpose to will suffice to establish mens rea for attempted murder

53
Q

Attempt MPC

Abandonment

A

affirmative defense
abandoned his effort to commit the crime or otherwise prevented its commission,
Must be complete and voluntary renunciation of his criminal purpose
* The establishment of such defense does not, however, affect the liability of an accomplice who did not join in
such abandonment or prevention

54
Q

Can you be guilty of attempted felony murder?

A

No
ex.Bernick is robbing a bank and in the process, McConkie fires a gun, wounding Jones. If Jones dies, Bernick could be found guilty of FM.
* If Jones lives, can Bernick be found guilty of attempted felony murder?
No – he didn’t have the purpose of killing
* Murder is a result crime, so state must prove D intended to kill the victim

55
Q

Attempt

Act requirement

CL

A

Coming dangerously close to completion of the social harm that constitutes the crime is attempt
* Anything prior to that on the planning continuum is mere “preparation” and not criminal

ex. rizzo

56
Q

Attempt

Act requirement

MPC

A

Any act that constitutes a “substantial step” toward commission of the crime and that strongly corroborates the
actor’s mens rea is an attempt.
* MUCH easier to satisfy than common-law requirement

57
Q

MPC

Attemps examples of act req.

A

(a) lying in wait, searching for or following the contemplated victim of the crime;
* (b) enticing or seeking to entice the contemplated victim of the crime to go to the place contemplated for its commission;
* (c) reconnoitering the place contemplated for the commission of the crime;
* (d) unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be
committed;
* (e) possession of materials to be employed in the commission of the crime, which are specially designed for such unlawful use or which can serve no lawful purpose of the actor under the circumstances;
* (f) possession, collection or fabrication of materials to be employed in the commission of the crime, at or near
the place contemplated for its commission, where such possession, collection or fabrication serves no lawful
purpose of the actor under the circumstances;
* (g) soliciting an innocent agent to engage in conduct constituting an element of the crime

58
Q

Defenses

Self defense

A

Need to be honest and reasonable belief in
*imminence (threat of force is really close)
*necessity (force is proportionate to the thresat)
*proportionality (force is proportionate to the threat)
Cant have started it
A reasonable person is who acts in self-defense has not only the physical characteristics but also the experiences, beliefs, and the memory of the defendant.

both cl and mpc

59
Q

Defenses

Defense of others

A

The defendant must honestly and reasonably believe that force used was necessary to protect a third person from an imminent unlawful attack
the threat must be imminent, force is necessary to dispel threat, and force must be proportionate

60
Q

Defenses

Duress

A

Immediate threat of death or serious bodily injury
Well-grounded fear that this threat will actually be carried out
No reasonable opportunity to escape the threatened harm

61
Q

Conspiracy

Supplier of Goods

A
  1. Know its illegal
  2. have the purpose of futhering the use
    Jury can infer purpose if
    a. Seller has acquired a stake in the venture
    b. There is no legitimate use for the goods or services
    c. When the volume of th ebusiness w/ the buyer is disproportionate to any legitimate demand
62
Q

Purposely

MPC def

A

Consciously desire a particular result

63
Q

Knowingly

MPC

A

Aware that a result is practically certain to follow from your conduct
regardless of desire

64
Q

Recklessly

MPC

A

Conscious disregard of substantial and unjustifiable risk
(know and disregard)

65
Q

negligently

MPC

A

Not aware but shoukd be of a substantial and unjustifiable risk
(ignorance of risk)

66
Q

Mistake of Fact

MPC

A

Honest
must negate the Mens rea
Defense: Not available if conduct would have constituted a lesser crime unless conduct is illegal, charge lesser crime

67
Q

Mistake of fact

Common law

A

General Intent: Honest and reasonable
Specific intent: Honest mistake
Legal wrong doctrine, if fact had been as the actor believed them to be, conduct was still illegal or immoral

Specific (purpose)
General (knowledge, reckless, negligent)

1L finals Fall (5 decks)

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