AM sure there's only 2 - Arson - Murder

Crim Flashcards by Sandy Ferner

Mens Rea - Specific Intent

Defendant Committed the act for the

-> purpose of causing the result that the law criminalizes
Purposeful

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Specific Intent Crimes

FIAT
First Deg Murder
Inchoate Crimes
Assault
Theft

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Inchoate Crimes

CATTS
Conspiracy
ATTempt
Solicitation

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Specific Intent Defense - Extra Defenses

Vol Intoxication

Unreasonable Mistake of Fact

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Malice Crimes

AM sure there’s only 2

Arson
Murder

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Malice =

Def realized the risks and acted anyway
b/c he
Acted with reckless disregard of a high degree of harm
(Reckless)

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General Intent =

The intent to perform the act
and
that act is unlawful

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Statute says “with intent to…”

Specific Intent

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Statute says “knowingly or recklessly did…..”

General Intent

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Statute has - no mens rea language ..

Strict Liability

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Transferred Intent

Def - plans to victimize A but Victimizes B instead …intent transferred from A to B
(Completed crimes only)

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Merger

Lesser included crimes merge into Major crime
(Larceny into Robbery)

Inchoate Crimes into completed crime
Attempt = Merges
Solicitation = Merges
Conspiracy = DOES NOT MERGE // it is its own crime by itself / can be convicted of conspiracy to commit and the crime itself

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Children

Under 7 = Not capable of committing crime
7-14 = incapable
14+ can be as an adult

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Accomplice

Assist either Before or During
b/c Acted w/ INTENT to ASSIST the principal BEFORE or during
- crime and also any Foreseeable Crimes that occur

> LOOK for CONSPIRACY if there is an AGREEMENT <
Agreement + over act in furtherance of agreement

Also any encouragement *

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Accessory After the Fact

Assist the Def after the crime

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DEFENSE - Mistake (Fact)

Negates Mens Rea:
Reasonable - Gen + Specific Intent Crimes
Unreasonable - Specific Intent only

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DEFENSE - Mistake (Law)

Only if based on interpretation of official

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DEFENSE - Insanity (4)

1) M’Naghten - Did not know the Nature of his Act -or- did not Know the Act was WRONG
2) Irresistible Impulse - Could NOT CONTROL himself
(3) Durham Rule - Would Not have committed But For the mental defect
4) MPC = (M’Naghen + Irresistible Impulse) – Did Not have capacity to KNOW actions WRONG or to CONTROL himself to conform actions to law

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DEFENSE - Intoxication

Involuntary - defense to all

Voluntary - defense to Specific /FIAT ONLY

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7 DEFENSEs

Mistake 
Insanity 
Self Defense 
Intoxication 
Necessity
Duress 
Withdraw

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Inchoate Crimes

CATTS
Conspiracy
Attempt
Solicitation

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Conspiracy

Agreement between 2 people + Unlawful Act + Overt Act
[Once Agree = Crime done - can NOT Withdrawal !!]
- can limit liability for future crimes-
{MPC - Unilateral ..Undercover Cop = ok]

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Attempt

Intent to Commit Crime + Substantial Step

[Defense = vol intox / unreas mistake of fact]

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Solicitation

Intentionally Ask to commit a crime
[Crime = the ask]
[Agreement = Conspiracy]

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Murder

Unlawful Killing of another person w/ malice aforethought | [Requires - MR + Actus Reus + Cause (- any defenses) ]

Cause | - required for ALL Murders / manslaughters -

Actual = But For Proximate = Act was FORSEEABLE cause of death - NO Independent unforeseeable actions by 3rd party -

Other 3 Murders

1 - Felony Murder - BARRK 2 - Intent to cause serious bodily Injury 3 - Depraved Heart - extreme indifference to the value of human life (super whatever)

Manslaughter

Voluntary - Heat of Passion + no Colling off Involuntary - (1) Crim Neg (reckless) Conduct + killing (2) Misdemeanor Manslaughter = commit another crime besides BARRK + Death

Larceny

Taking Personal Property of another w/o consent w/ intent to deprive them of it permanently

Embezzlement

LAWFUL Possession converts to own use (deprives the owner)

False Pretenses

Obtains TITLE to Property through deception | - counterfeit money / bad checks -

Larceny by Trick

Voluntarily hands over + Larceny | - theft of services ..not paying -

Robbery

Larceny + Assault | [Taking of property + Violence or fear of violence ]

Extortion

Future Force Robbery

Burglary

Breaking + Entering (can be by Fraud + any entry) Dwelling of another At night w/ intent to commit felony inside ---MPC = any time of day / any building —

Battery

Unlawful application of force to person + Causes Harm or Offensive touching

Assault

Attempted Battery = Substantial step towards completing the battery (actually swings fist) - Intoxication and unreasonable mistake = defense) Fear of harm - imminent harm

Kidnapping

Unlawful Confinement against their will by moving or hiding

Arson

Malicious Burning of another person's dwelling | MPC - anyone's building + not have to be structure

What is 1st Required ?

Gov't action - Always !

Seizure =

By means of physical force or authority restrains freedom

Terry Stop or Traffic Stop need

RAS

Evidence - 1) Stop unlawful 2) Arrest unlawful

1) Can Use | 2) CANNOT use

Warrants need

PC , neutral detached magistrate, places searched, and items seized

Arrest warrant - persons home

Can enter

Arrest in home - no warrant 2 exceptions

Exigent Circ or Consent

Car Search after arrest - removal from car

Only for evidence of the crime arrested for

Exceptions to Warrant

ESCAPES: | Exigent, Search incident to arrest, Consent, Auto, Plain View, Evidence from Admin Search, Stop and Frisk

DNA - search / collection

Can be collected incident to arrest

5th Amend applies to

Testimonial Evidence

Miranda ..when?

Custody + interrogation

Miranda - Offense Specific? | 6th Amend RTC

Miranda - NOT Offense Specific | 6th = IS offense Specific

Miranda Viol to impeach

Yes

Evidence obtained from a violation of Miranda is...

Admissible

6th RTC ..attaches

Indictment or Formal charges (Initial Hearing is not yet) PRE-indictment line up = ok Post = no go w/o lawyer

Exclusionary Rule does NOT apply

Pre-trial proceedings (Grand Jury)

Knock and Announce

Required to be reasonable | but if do NOT evidence will STILL BE ADMISSIBLE if entitled to enter (w/ warrant)

Exclusionary Rule Exceptions

Independent Source, Inevitable Discovery, Attenuation of Taint, Good Faith

Jury right when

More than 6 months in jail

Jury Size

Fed = 12 // States =6

Silence before Miranda

Prosecutor CAN bring up

Jeopardy Attaches when

Jury Sworn or First Witness sworn

Larceny: 1. By Trick 2. False Pretenses 3. Embezzlement

1. Trick = Obtain Possession WITH consent by FRAUD / intent to perm deprive 2. False Pretenses - obtain Poss + Title by FRAUD / intent to perm deprive 3. Embezzlement - Fraudulent conversion by someone who had LAWFUL Possession

Malice means ___ in Murder =

- when a person intends to kill or inflict serious bodily injury, commit a dangerous felony, or act w/ reckless disregard of the unjustifiably high risk of serious injury or death