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Mixed Law Flashcards > Crim Add-ons > Flashcards

Crim Add-ons Flashcards

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1
Q

Does underlying offense of felony murder usually merge into felony murder charge?

A

YES

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2
Q

If burglar fails to complete felony, is he guilty of attempting that felony

A

YES, guilty of burglary + attempted xyz

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3
Q

Common law conspiracy vs. MPC conspiracy

A

CL: two guilty minds

MPC: one guilty mind + overt act

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4
Q

Is factual impossibility a defense?

A

NO, never a defense to attempt

(e.g. tried to poison someone and didn’t realize you used cilantro)

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5
Q

Under CL, are children 7-14 capable of committing crimes?

A

Yes, REBUTTABLY PRESUMED capable of committing crimes

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6
Q

If a person says “I’m not scared” while assault occurs, does this impact charge?

A

Yes, if indicates that person was in no fear of imminent harm , could negate assault charge

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7
Q

CL: if co-conspirators tried together and one acquitted on conspiracy, can other be guilty?

A

CL: NO, if at same trial, CANNOT convict one person of conspiracy if others acquitted at same trial

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8
Q

Under MPC, if no default mens rea, what do you read in?

A

RECKLESSNESS (conscious disregard of substantial/unjustifiable risk)

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9
Q

When can reliance on attorney advice provide a defense

A

Usually, not a mistake of law defense UNLESS negates required mental state for crime

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10
Q

Can you abandon an attempt after taking a substantial step?

A

NO, too late

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11
Q

In burglary, can ‘breaking’ element occur if guest enters room in home where they do not have permission?

A

YES, even if they have been invited into home

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12
Q

When may deadly force not be used in one’s own dwelling?

A

when intruder is in process of EXITING

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13
Q

What burden of proof is required for affirmative defenses (self-defense, insanity, etc.)

A

Any burden acceptable. Legislature decides

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14
Q

Forgery vs. false pretenses

A

Forgery = making false instrument of LEGAL significance

False pretenses = making false instrument of SOCIAL (historical, art, pop culture) significance

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15
Q

Does lawfully entering but then breaking to EXIT a dwelling count as burglary?

A

No, the breaking must occur when ENTERING a dwelling to create OPENING

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16
Q

Is assault a lesser included offense of robbery?

A

YES

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17
Q

When can therapist warn third parties of risk?

A

When patient makes credible threat of physical violence against ascertainable victim OR notify law enforcement, take other steps

Threat need NOT be imminent

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18
Q

Is mistaken belief of owning property a defense to larceny?

A

YES, can negate required intent

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19
Q

What standard of proof is required for affirmative defenses?

A

Affirmative defense = justifies/excuses criminal conduct, so burden NOT automatically on prosecution (who must bear burden for all ELEMENTS of crime)

State chooses which party bears burden, and can choose any standard of proof

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20
Q

Fraud in factum vs. fraud in inducement for sexual assault

A

Fraud in factum: negates consent bc victim unaware of consent

Fraud in inducement: does not negate consent bc victim aware he provided consent

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21
Q

Does MPC recognize larceny, embezzlement, and false pretenses?

A

NO, all treated as single statutory crime of THEFT

But all of these crimes are recognized in common law jurisdictions

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22
Q

If a statute is violated giving rise to negligence per se, are there any ways in which the violation could be reasonable?

A

Yes, if defendant was disabled, physically incapacitated, or a child

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23
Q

Under MPC, if MR is identified for one element of the crime, does it apply to other elements?

A

YES applies to other material elements unless there is a clear contrary purpose

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24
Q

Involuntary manslaughter vs. depraved heart murder MR standard

A

Involuntary manslaughter: Negligence (lack of care, maybe someone will get killed)

Depraved heart murder: Recklessness (would be shocking if someone didn’t get killed)

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25
Q

Can you back out of conspiracy after committing overt act? 3 perspectives

A

Majority/federal rule: CAN withdraw from a conspiracy BEFORE overt act

CL: completely bars withdrawal as defense

Minority/MPC: withdrawal as defense AFTER overt act IF defendant makes effort to thwart conspiracy

26
Q

Redline doctrine

A

D NOT GUILTY of felony murder if co-felon dies at hands of victim or police

(followed by most states)

BUT depraved heart murder still possible

27
Q

Does conspiracy require proof that D had specific intent for unlawful purpose?

A

YES, even if intended crime does NOT require specific intent

28
Q

Is ‘breaking’ for burglary satisfied if a person uses a key to unlock a door without permission?

A

YES, even if they have a key, this still satisfies breaking if done without owner’s CONSENT

29
Q

Do an attempted and completed crime merge if their intended targets are different?

A

NO, not if the two crimes have different victims

Charges can be tried together or separately

30
Q

Can a person with IQ of 60 be given death sentence?

A

NO, 8A prohibits this for people with intellectual disability (IQ of 70 or lower)

31
Q

Vindictive prosecution doctrine

A

bars prosecution from punishing defendant for exercising right (e.g. appeal)

32
Q

JMOL standard (historical v today)

A

Historical: if scintilla of evidence supported verdict for non-movant

Today: if SUFFICIENT/SUBSTANTIAL evidence exists to support verdict

33
Q

is ‘adequate provocation’ a question of fact or law?

A

question of FACT to be tried by jury

even if likely unreasonable, still can give to jury to consider

34
Q

Under CL, can you prosecute only one person for a conspiracy, or must multiple be prosecuted?

A

Just one, don’t need to prosecute multiple

35
Q

If a person stops taking anti-seizure medication and then has a seizure while driving, does voluntarily stopping taking medication establish fault?

A

Likely not sufficient answer, pick answer that goes further. It is BECAUSE that action consisted engaging in reckless/criminally negligent activity

36
Q

When is abandonment NOT a defense to attempt?

A

When it was motivated by 1) desire to avoid detection 2) decision to delay crime to a later time or 3) selection of another objective/victim

37
Q

Does arson require intentional burning?

A

NO, can be MALICIOUS (recklessness okay)

38
Q

For a strict liability offense that has no MR requirement and solely AR, is intent relevant for an attempt?

A

YES, even if there is no mens rea requirement for statute, ATTEMPT is a specific intent crime, and so still requires requisite mens rea

39
Q

Is there a reasonable person standard for attempt?

A

NO, does not matter what a reasonable person would think

40
Q

Do most jdx have imminent danger or substantial step test?

A

SUBSTANTIAL STEP

41
Q

Attempt elements

A

1) D had specific intent
2) D or his agent performed act in futherance
3) target crime not completed

42
Q

If a party solicits another to commit a crime and solicitor has intent to commit that crime, will solicitor be found guilty of attempt if party attempts crime?

A

YES

43
Q

Do common law property crimes apply to trade secrets and other intangible property?

A

NO, only relate to TANGIBLE property

44
Q

Robbery elements

A

Larceny PLUS
Battery OR assault

45
Q

Minority rule retreat doctrine

A

A person must retreat before using DEADLY force in self-defense if person is OUTSIDE home and can do so with REASONABLE SAFETY

46
Q

Majority rule for accomplice liability

A

Accomplice who has purpose of PROMOTING or FACILITATING commission of offense, AIDS or ABETS PRIOR TO or DURING crime

47
Q

Is a threat to damage property sufficient for robbery?

A

NO, need threat of serious physical injury to victim/close family member/other present person

48
Q

Is burglary of an open store possible?

A

NO, if it was open to the public at time, did not ‘break’

Robbery or larceny more likely

49
Q

In jury instructions, must a court apply mens rea to verbs or objects of criminal statute?

A

BOTH

Eg. “knowingly possessing marijuana” = knowingly possessing AND KNOWING it was marijuana

50
Q

Must a person be physically moved to be kidnapped?

A

NO, can be CONFINED/CONCEALED for SUBSTANTIAL PERIOD

51
Q

Can killing be reduced to voluntary manslaughter if a person 1) mistakenly believed the person was the provoking party or 2) accidentally killed another person while trying to kill provoker

A

YES and YES

52
Q

When is duplicate permissible under best evidence rule?

A

Admissible UNLESS question of 1) AUTHENTICITY or 2) UNFAIR

53
Q

If initial taking of property is not wrongful (e.g. lost property) and you then change your mind to keep, is this larceny?

A

NO, if initial taking is not wrongful, doctrine of continuing trespass does not apply

54
Q

If lifeguard gives assurance that body of water is safe, does it generate duty?

A

YES, when person undertakes risk based on assurance, duty is generated IF lifeguard knew person took on risk

55
Q

If a person does not KNOW that there was reckless danger posed by act, can he be charged w depraved heart murder?

A

NO, MPC/most jdx require ACTUAL knowledge of danger to human life

56
Q

MPC Insanity test

A

1) does not appreciate wrongfulness of act
OR! (one or the other)
2) conform conduct to the law (irresistible impulse)

57
Q

Majority rule re: person killed during felony by someone other than perpetrator or accomplices

A

NO criminal liability for perpetrator

58
Q

Is an act robbery if a person believes they are recovering their own property?

A

YES, bc CLAIM OF RIGHT cannot be used to justify robbery in most states

59
Q

For attempted robbery charge, do larceny/assault/battery merge?

A

YES, even if robbery is merely attempted, these are all lesser included offenses

60
Q

MPC rule on charging for multiple inchoate crimes

A

Under MPC, person may be concurrently PROSECUTED for, but not CONVICTED of, more than 1 inchoate offense

61
Q

MPC rule on conspiracy

A

Defendant does NOT need to perform overt act in furtherance so long as one party commits overt act

Mixed Law Flashcards (24 decks)

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