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1L > Crim > Flashcards

Crim Flashcards

1
Q

Common Law Elements of Larceny

A
  1. taking (exercising some control adverse to the owner
  2. asportation (some movement)
  3. corporeal personal property of another
  4. from the possession of another
  5. wrongfully either (a) without permission or (b) with permission obtained by deception (larceny by trick)
  6. with intent to permanently deprive
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2
Q

Common Law Elements of Embezzlement

A
  1. possession of property under a trust arrangement
  2. conversion of that property
  3. with the intent to defraud
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3
Q

Mens Rea for Larceny

A

intent to deprive

1) specific intent to deprive the owner or possessor of the property
2) general intent to take and carry the property away

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4
Q

Larceny is a trespass against…

A

possession

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5
Q

Continuing Trespass Rule

A

wrongful taking and intent to deprive need not be concurrent

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6
Q

Murder (CL)

A

killing with malice aforethought

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7
Q

Actus Reus of Murder (CL)

A

cause the death/actual killing

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8
Q

Mens Rea of Murder (CL)

A

malice aforethought

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9
Q

Ways to Prove Malice Aforethought (CL)

A
  1. Intent to kill or inflict great bodily harm
  2. risk creation (reckless indifference to human life)
  3. felony murder
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10
Q

2 Types of Malice (CL)

A

Express: wanted to kill
Implied: very dangerous conduct that they actually foresaw almost surely would (and did) result in death

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11
Q

Depraved Heart (CL)

A

when someone engages in a truly pointless activity which poses a great risk to human life, and defendant is aware of, but disregards, the risk to human life (Knoller)

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12
Q

Manslaughter (CL)

A

a killing produced by an act recognized as legally adequate provocation and actually done suddenly in the heat of passion (imperfect self-defense and provocation)

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13
Q

Legally Adequate Provocation (CL)

A

mitigates murder to manslaughter; provocation which would cause a reasonable person to be in a heightened state of passion and lose self control; WORDS ALONE DO NOT CONSTITUTE ADEQUATE PROVOCATION

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14
Q

Manslaughter v Unintentional Murder (CL)

A

the common law distinguished between manslaughter and unintentional murder based on how wicked and depraved the killing seemed to be

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15
Q

Felony Murder (CL)

A

death occurring during a felony is a murder; felony must be the proximate cause of the death; D may be convicted of murder if killing occurred during the commission or attempted commission of a felony; cannot be reduced to manslaughter

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16
Q

Limitations of Felony Murder (CL)

A
  1. underlying felony must be inherently dangerous as committed
  2. the death must occur in the scope and course of the felony
  3. death must occur in furtherance of the felony
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17
Q

Merger Doctrine (CL)

A

predicate felony must not be a lesser-included offense of the murder

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18
Q

MPC 210.2(a)

A

murder: if purposely or knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life

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19
Q

MPC 210.2(b)

A

felony murder equivalent: a killing done recklessly and under circumstances manifesting extreme indifference to the value of human life; reckless indifference is presumed if the actor is engaged in the commission of a felony

20
Q

Proximate Cause (MPC)

A

if death was proximately caused by the defendant, the defendant can be charged with murder, regardless of the victim’s identity or who did the actual killing

21
Q

MPC 210.3

A

Manslaughter:

  1. committed recklessly; or
  2. a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse (reasonableness is subjective and objective)
22
Q

MPC 210.3 Recklessness

A

person who consciously disregards a substantial and unjustifiable risk that his actions might result in death (subjective); gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation (objective); MUST ALSO SHOW EXTREME INDIFFERENCE TO BE MURDER

23
Q

Provocation (MPC)

A

must be such as might naturally cause a reasonable person in the passion of the moment to lose self-control and act on impulse without reflection

24
Q

Sudden Passion (MPC)

A

to establish the heat of passion defense, the defendant had to prove that the “hot blood” had not had time to cool off at the time of the killing

25
Q

Manslaughter v. Unintentional Murder (MPC)

A

requires recklessness in circumstances manifesting extreme indifference to human life

26
Q

Negligent Homicide (MPC 210.4)

A

criminal homicide constitutes negligent homicide when it is committed negligently; should have been aware of such a risk but was not (objective standard)

27
Q

Most State Statutes

A
  1. First degree murder: premeditated
  2. Second degree murder: knowingly/purposely
  3. Voluntary Manslaughter: sudden passion/adequate provocation
  4. Involuntary Manslaughter: recklessly
28
Q

Attempt

A

conduct done with the intent to commit a crime but without actually completing it

29
Q

Inchoate Offense

A

offense that imposes liability for an act done before the harm intended fully occurs

30
Q

Battered Woman/Spouse Syndrome

A

relax the imminence requirement

31
Q

Attempt Mens Rea (CL)

A

defendant must have the same mens rea required for the target crime and have a mens rea of specific intent as to the attempt and intend the circumstances; cannot be liable for a reckless or negligent attempt

32
Q

Attempt–Strict Liability

A

ignorance of necessary circumstances IS a defense

33
Q

Actus Reus of Attempt (CL)

A

consider what actions are left to be done by the defendant

34
Q

Last Act Approach

A

the defendant must perform the very las act needed before the crime is complete (D has no ability to change mind)

35
Q

Rummel v. Estelle

A

State has broad discretion to define and punish criminal recidivism. (cruel and unusual punishment)

36
Q

Utilitarianism Theory of Punishment

A

maximize happiness/general welfare of the community; punishment is evil, so should only punish criminals if it will produce good

37
Q

Deterrence

A

prevent commission of further crimes (State v. Herchenbach)

38
Q

General Deterrence

A

punishment sends message to community

39
Q

Specific Deterrence

A

punishment deters a specific criminal from committing further acts

40
Q

Incapacitation

A

defendant is unable to commit further violations (imprisonment)

41
Q

Intimidation

A

defendant is discouraged from further violations (fines)

42
Q

Rehabilitation

A

reforming the individuals prevents further crimes

43
Q

Retribution

A

people who choose to do wrongful acts deserve to be punished

44
Q

Proof Beyond a Reasonable Doubt

A

(a) Proof beyond a reasonable doubt is such as you would be willing to rely and act upon without hesitation in the most important of your own affairs (b) proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant’s guilt. Government must prove each element beyond a reasonable doubt

45
Q

Void for Vagueness

A
  1. fails to give adequate notice to a person of ordinary intelligence
  2. encourages arbitrary arrests

1L (9 decks)

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