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Bar Exam Del Law > Crim > Flashcards

Crim Flashcards

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1
Q

Mens Rea - Specific Intent

A

Defendant Committed the act for the

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

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2
Q

Specific Intent Crimes

A 
FIAT
First Deg Murder
Inchoate Crimes
Assault
Theft
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3
Q

Inchoate Crimes

A

CATTS
Conspiracy
ATTempt
Solicitation

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4
Q

Specific Intent Defense - Extra Defenses

A

Vol Intoxication

Unreasonable Mistake of Fact

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5
Q

Malice Crimes

A

AM sure there’s only 2

  • Arson
  • Murder
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6
Q

Malice =

A

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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7
Q

General Intent =

A

The intent to perform the act
and
that act is unlawful

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8
Q

Statute says “with intent to…”

A

Specific Intent

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9
Q

Statute says “knowingly or recklessly did…..”

A

General Intent

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10
Q

Statute has - no mens rea language ..

A

Strict Liability

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11
Q

Transferred Intent

A

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

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12
Q

Merger

A

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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13
Q

Children

A

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

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14
Q

Accomplice

A

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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15
Q

Accessory After the Fact

A

Assist the Def after the crime

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16
Q

DEFENSE - Mistake (Fact)

A

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

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17
Q

DEFENSE - Mistake (Law)

A

Only if based on interpretation of official

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18
Q

DEFENSE - Insanity (4)

A

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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19
Q

DEFENSE - Intoxication

A

Involuntary - defense to all

Voluntary - defense to Specific /FIAT ONLY

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20
Q

7 DEFENSEs

A 
Mistake 
Insanity 
Self Defense 
Intoxication 
Necessity
Duress 
Withdraw
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21
Q

Inchoate Crimes

A

CATTS
Conspiracy
Attempt
Solicitation

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22
Q

Conspiracy

A

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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23
Q

Attempt

A

Intent to Commit Crime + Substantial Step

[Defense = vol intox / unreas mistake of fact]

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24
Q

Solicitation

A

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

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25
Q

Murder

A

Unlawful Killing of another person w/ malice aforethought

[Requires - MR + Actus Reus + Cause (- any defenses) ]

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26
Q

Cause

- required for ALL Murders / manslaughters -

A

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

27
Q

Other 3 Murders

A

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

28
Q

Manslaughter

A

Voluntary - Heat of Passion + no Colling off

Involuntary -

(1) Crim Neg (reckless) Conduct + killing
(2) Misdemeanor Manslaughter = commit another crime besides BARRK + Death

29
Q

Larceny

A

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

30
Q

Embezzlement

A

LAWFUL Possession converts to own use (deprives the owner)

31
Q

False Pretenses

A

Obtains TITLE to Property through deception

- counterfeit money / bad checks -

32
Q

Larceny by Trick

A

Voluntarily hands over + Larceny

- theft of services ..not paying -

33
Q

Robbery

A

Larceny + Assault

[Taking of property + Violence or fear of violence ]

34
Q

Extortion

A

Future Force Robbery

35
Q

Burglary

A

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 —

36
Q

Battery

A

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

37
Q

Assault

A

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

38
Q

Kidnapping

A

Unlawful Confinement against their will by moving or hiding

39
Q

Arson

A

Malicious Burning of another person’s dwelling

MPC - anyone’s building + not have to be structure

40
Q

What is 1st Required ?

A

Gov’t action - Always !

41
Q

Seizure =

A

By means of physical force or authority restrains freedom

42
Q

Terry Stop or Traffic Stop need

A

RAS

43
Q

Evidence -

1) Stop unlawful
2) Arrest unlawful

A

1) Can Use

2) CANNOT use

44
Q

Warrants need

A

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

45
Q

Arrest warrant - persons home

A

Can enter

46
Q

Arrest in home - no warrant 2 exceptions

A

Exigent Circ or Consent

47
Q

Car Search after arrest - removal from car

A

Only for evidence of the crime arrested for

48
Q

Exceptions to Warrant

A

ESCAPES:

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

49
Q

DNA - search / collection

A

Can be collected incident to arrest

50
Q

5th Amend applies to

A

Testimonial Evidence

51
Q

Miranda ..when?

A

Custody + interrogation

52
Q

Miranda - Offense Specific?

6th Amend RTC

A

Miranda - NOT Offense Specific

6th = IS offense Specific

53
Q

Miranda Viol to impeach

A

Yes

54
Q

Evidence obtained from a violation of Miranda is…

A

Admissible

55
Q

6th RTC ..attaches

A

Indictment or Formal charges

(Initial Hearing is not yet)

PRE-indictment line up = ok
Post = no go w/o lawyer

56
Q

Exclusionary Rule does NOT apply

A

Pre-trial proceedings (Grand Jury)

57
Q

Knock and Announce

A

Required to be reasonable

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

58
Q

Exclusionary Rule Exceptions

A

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

59
Q

Jury right when

A

More than 6 months in jail

60
Q

Jury Size

A

Fed = 12 // States =6

61
Q

Silence before Miranda

A

Prosecutor CAN bring up

62
Q

Jeopardy Attaches when

A

Jury Sworn or First Witness sworn

63
Q

Larceny:

  1. By Trick
  2. False Pretenses
  3. Embezzlement
A
  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
64
Q

Malice means ___ in Murder =

A
  • 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

Bar Exam Del Law (21 decks)

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