Crim and Crim Pro (from outline) Flashcards
A accomplice is a person who _____ or _______ the principal with the intent that the crime is comitted.
assists
encourages
accomplice liability requires one to aid, abet, or facilitate the commission of a crime with the ____ that the crime be commtited
there is no minimum standard for that encouragement, and it does not have to be a clear and present danger to qualify
intent
if the woman charges the man considerably higher rent than a prior tenant who used the office for non-criminal purposes, that could be useful to prove that the woman has a stake in the success of the man’s illegal betting parlor.
this could help a prosecutor prove that the woman provided the office space in order to aid, abet, or facilitate the man’s illegal activities because she was benefiting from his success
illegal betting parlor
is mere presence at the scene enough to be an accomplice?
nope
An accomplice is liable for all crimes committed that he aids or encourages and all “_____” of the crime he intends to assist
natural and probable results
An accessory after the fact is a person who ____ assists a person who has committed a crime with the ___ to help him avoid arrest, trial, or ____
knowingly
intent
conviction
First degree murder requires ______ aforethought. This is an intentioanl killing with _____ and deliberation (i.e., poisioning someone)
malice
premeditation
Voluntary manslaughter - does this require malice aforethought?
NO
Voluntary manslaughter (depraved heart) is an intentional killing of a human being in the _______ due to adequate ______
heat of passion
adequate provocation
do mere words count as adequate provication under the majority view for voluntary manslaughter?
no
Murder is the intentional killing of another human being with ______
malice aforethought
proof of malice does NOT need to be proof of actual specific intent to kill or harm another - it can be _____ from the defendant’s gross recklessness without regard to human life
implied
ex: the homeowner fired a shotfun into bushs which he believed people wer ehiding. This action supports a finding of malice
Malice can be proved by showing a reckless disgregard for an _______ or high risk to human life
obvious
Involuntary manslaughter does NOT involve _____
malice aforethought
involuntary manslaughter is a killing due to _____ or recklessness (like if a parent doesn’t take his extremely sick infant to the free local clinic and the infant dies)
or a killing during a ______ or felony that does not qualify for felony murder (misdemeanor manslaughter)
gross negligence
misdemeanor
Felony murder invloves ____
malice aforethoght
Felony murder is when D commits a felony and someone other than the co-felon dies. The death can occur during the ____ of the felony, the _____to commit it, or the ____ from it
commission
attempt
flight
to qualify for felony murder, the felony must be ______. This includes BARRK (burglery, arson, rape, robbery, and kidnapping)
inherently dangerous
For felony murder, there must be causation. Under the agency theory, the felony or his agent (co-felon) MUST cause the death.
Under the ___ theory, the felon is liable so long as he “____” the acts that cause the death
proximate cause
sets in motion
Kidnapping is the unlawful _____ of a person that involves either (1) some movement (______) of the victim, or (2) concealment of the victim in a “secret place”
confinement
asportation
burglary requirres a breaking and ______ of the dwelling of another at nighttime, with the intent of committing a ________therein
entering
felony
Accessory after the fact is someone who assists a person who has committed a crime, after the other person committed the crime, with ____ that the person committed a crime, and with the ___ to help the person avoid punishment
knowledge
intent
conspiracy at common law requires an _______, the intent to agree, and the intent to __________ (in some jdx, an overt act)
agreement
commit the underlying crime
Both people must be capable of consenting to the offence in which they are agreeing
solicitation is a specific intent crime that involves ______ someone to commit a crime, with the _______ that the crime be committed
asking
intent
A person is guilty of solicitation if he __ or encourages another to commit a crime with the ____ that the crime takes place
requests
intent
to be guilty of attempt, one must _____ to commit the target crime and take ___, BEYOND mere preparation in committing that crime
intend
substantial steps
For attempt, the closer it is to the actual preparation of the target crime, the more likely it is to find that there was a ____
substantial step
Under wharton’s rule, you apply this in cases where the crime to be committed is one that, by definition, requires the voluntary concerted ________ of ____ people
criminal participation
two
*In contrast, statutory rape can be committed without the voluntary concerted ciminal participation of the minor victim, so the Wharton Rule would NOT apply
Common law murder is the unlawful killing of a human being with malice aforethought. Malice aforethought exists if it was committed with an _______, an intent to inflict _____, reckless disregard to an _____ risk of human life ( ____), or intenet to commit a felony
intent to kill
great bodily harm
unjustifiable
(depraved)
If murder is defined by statute, a murder in the first degree is when D makes decision to kill in a ________ manner, reflected on the idea of killing, even if for brief period
cool and dispassionate
Since first degree murder is based on premeditation and this requires a _______ intent, this can be NEGATED by the defense of _________
specific
voluntary intoxication
*BUT voluntary intoxication is not a defense to second degree common law murder because that just requires reckless indifference to human life
voluntary manslaughter is a killing that would be murder, but it is nott because there was ______ (sudden and intense passion causing to lose self control) and no time to cool off
adequate provocation
if the defendant acted with criminal negligence, then that is ______ manslaughter
involuntary
involuntary manslaughter is the ____killing of another person as a result of _____ or reckless conduct
unintentional
criminal negligence
what is the difference between depraved heart murder and involuntary manslaughter?
The key difference is in the mental states. In sum, depraved heart (voluntary manslaughter) involves an extreme indifference to human life, while involuntary manslaughter involves a lower level of culpability - such as negligence or recklesness
VM (D<3)= EIHL
IM = N or R
Involuntary manslaughter involves a killing that was completed with either “criminal negligence” (recklesness under the MPC) or in some states, during the commission of an ___
unlawful act
Depraved heart murder at common law involves a high risk of death while involuntary manslaughter involves only a ______ risk
substantial
larceny is the trespassory taking and carrying away with the intent to _____ at the time you TOOK IT
without consent
PERSONAL PROPERTY (not real)
permanently deprive
larceny by trick is when the defendant intentionally makes a ______ of material fact to obtain ____ (but not title) of personal property of another
false representation
custody
Let’s say you rent a car and tell Enterprise “haha yea I’ll have this back in no time”
Two days later you’re taking this thing out of the country = You tricked Enterprise and gained physical possession of the car through a false statement of material fact.
false pretenses is when the defendant obtains _____ to the property (in contrast to larceny by trick which is just custody) with the intent to DEFRAUD
HINT: look at what the victim intends to do at the time he hands over the property. If the victim is just handing it over and never intends to get it back, that is false pretenses. Otherwise, it is larceny by trick
title
you cannot be guilty of false pretenses if the person ______ the property belonged to her
AKA if you make a false statement to obtain property that you ____ is yours, then you are NOT guilty of false pretenses
must have INTENT TO STEAL
subjectively believed
embezzlement is the fraudulent conversion or misapproproation of property of another when someone is already in ____ of that property
Amt of money charged for = value @ time U embezzled it
If person believes that the person whose money they have legal possession over OWES them money and they just trying to satisfy a debt, that is a _____to embellzement
lawful possession
defense
minor employee = no lawful possession
high level employee = lawful possession
robbery is larceny + a taking from another’s person or presence + force or _______
HINT: D must use force or the victim MUST feel fear. If the victim is NOT afraid, and no force is used, then the D cannot be liable for robbery
threat of force
the mens rea for attempt is that the D must have the _____ to complete the crime
specific intent
the mens rea for conspiracy is that the D must have the _______ to enter into the agreement + accomplish its objectives
specific intent
mens rea for solicitation is that there must be a _____ that the crime be committed
specific intent
for attempt, under the MPC/ majority rule, there must be a “substantial step” that is _____ with the criminal purpose
strongly corrobative
for attempt, under common law, the actus reus is satisfied if the D gets “_____” to committing the crime
“dangerously close”
the acus reus for conspiracy is that there must be an agreement by 2+ people to commit a crime and an ______ in furtherance of the crime (in some states)
overt act
NOTE: an overt act is nto required at common law
the actus reus for solicitation is that D requests, encourages, advises, or ___ that someone commit a crime
commands
is attempt merged with the completed crime?
Yes. Cannot be convicted of both attempt and the completed crime
Does conspiracy merge with the completed crime?
No. You can be convicted of conspiracy to commit the crime and the completed crime.
ALSO, D is liable for all other crimes committed by conspirasors so long as they are foreseeable and in furtherance of the conspiracy
is withdrawal a defense to conspiracy?
generally no. It is not a defense BUT a valid withdrawal will cut off liability for any crimes committed after the withdrawal
Is solicitation merged with the completed crime?
Yes. Cannot be convicted of solicitation and the completed crime
is factual impsosibility and withdrawing defenses to incoate crimes?
no
The defense of self defense is availabel if the D reasonably believed that force was ___ to avoid the ______ use of unlawful force by another
necessary
imminent
M’Naighten Rule is that D must prove he suffered a disease of the mind that caused a _______and that he lacked the ability to _____ the ____ of his actions or understand the nature and ____ of his actions
defect of reason
know; wrongfulness
quality
voluntary intoxication is a defense to ____crimes ONLY IF it negates the ______
specific intent; specific intent
*involuntary intoxication is treated the same as insanity
For specific intent crimes, a reasonable or unreasonable mistake of _____ can serve as a defense.
For general intent or malice crimes, only a _____ mistake of _____ is a defense.
For strict liablity crimes, mistake of ___ is NOT a defense
fact
reasonable; fact
fact