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Criminal > Crim final part 2 > Flashcards

Crim final part 2 Flashcards

1
Q

what are the elements of causation?

A

D’s wrongful act must be the factual cause and the proximate cause of the relevant harm

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2
Q

but for the defendant’s conduct, the harm would not have occurred. D is indispensable link in the chain leading to the victim’s harm

A

factual causation

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3
Q

if the accident is reasonably foreseeable, the conducti is sufficiently direct cause of the harm

A

proximate causation

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4
Q

what are the characteristics of proximate causation? (3)

A

1) when the result is not highly extraordinary, it is foreseeable
2) a possible consequence which reasonably might have been contemplated
3) the foreseeability test of proximate causation is highly subjective, depends on the substantive crime and facts of case

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5
Q

killing must be done by defendant, accomplice, confederate or by one acting in furtherance of felonious undertaking

A

agency theory

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6
Q

is medical malpractice reasonably foreseeable?

A

yes

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7
Q

if a victim is injured but the doctor is negligent and the victim dies, is the perpetrator still blameworthy?

A

yes

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8
Q

what type of medical negligence is not foreseeable?

A

gross medical negligence, the perpetrator in such case would be absolved from liability (SIC)

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9
Q

is the perpetrator still criminally liable for murder if the victim is particularly prone to severe injury due to physical condition (hemophilia) and dies?

A

they can be (eggshell rule like torts)

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10
Q

what are the 3 different approaches of foreseeability under common law?

A

1) broad foreseeability of general risk
2) made vulnerable, result foreseeable and related
3) specific foreseeability of exact circumstances

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11
Q

what is the MPC rule for proximate cause?

A

2.03
there is proximate cause if the result differs from the intended risked result only by affecting a different person/property (transferred intent)

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12
Q

under MPC if a D intends to kill one person, but kills a different person by accident what is that called?

A

“transfer of intent”

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13
Q

if a defendant transfers intent under MPC are they criminally liable?

A

yes

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14
Q

why is a D criminally liable for transfer of intent” under MPC?

A

1) same blameworthy MR (unlawful intent to kill)

2) same blameworthy result (unlawful killing)

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15
Q

under MPC what does proximate cause in strict liability cases require?

A

that the result be a probable consequence

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16
Q

under common law what may sometimes cut off liability?

A

subsequent voluntary acts

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17
Q

what are examples of subsequent voluntary acts?

A

1) intentional acts, SIC human will sever liability

2) reckless acts, divided standards (reckless action of another may cut off chain)

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18
Q

under MPC what is the rule for But-for causation?

A

2.03

in dual-cause cases, courts redefine the result (death from two bullet wounds, assisting suicide)

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19
Q

what is attempt punished for?

A

deterrence purposes

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20
Q

what are the characteristics of attempt under common law?

A

1) objective perspective
2) results central
3) lower punishment

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21
Q

what is the mens rea under common law for attempt?

A

1) last step test
2) dangerous proximity test (physical proximity to the intended victim)
3) res ipsa test (no other explanation of what def was doing)

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22
Q

what are the characteristics of attempt under MPC?

A

1) subjective perspective
2) mens rea central
3) punish attempt the same as completion

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23
Q

what is mens rea of attempt under MPC?

A

5.01

purpose regarding actions

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24
Q

what is the actus reus of attempt under CL?

A

intent regarding result and actions

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25
Q

what are the characteristics of the actus reus under CL for attempt? (4)

A

1) last act doctrine (last act before crime) (no longer used)
2) dangerous proximity to success
3) equivocality (whether actions show unequivocal intent, subjective)
4) mere preparation is not enough

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26
Q

opportunity to repent/change one’s mind (can’t punish someone for thoughts alone)

A

locus penitentiae

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27
Q

what is the actus reus for attempt under MPC?

A

5.01

substantial step in the commission of a crime (lying in wait, enticing, seeking victim)

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28
Q

what is the attended circumstance of attempt under CL?

A

parity/ambiguous

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29
Q

what is the attended circumstance of attempt for MPC?

A

5.01

parity

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30
Q

the same mens rea applies to the attempted offense as it would if the offense was completed

A

parity

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31
Q

what is the result of attempt under CL?

A

parity, suppose that result will occur

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32
Q

what is the result of attempt under MPC?

A

purpose, intent or belief that result will be caused

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33
Q

what is the defense of attempt under CL?

A

no abandonment defense

34
Q

what is the defense of attempt under MPC?

A

5.01

abandonment defense if “complete and voluntary” before crime is committed

35
Q

defendants intended end constitutes a crime, fails to finish b/c of factual circumstance unknown to him or beyond his control

A

factual impossibility (CL)

36
Q

is factual impossibility a defense to an attempt charge?

A

no

37
Q

2 types of legal impossibility

A

1) pure legal impossibility

2) hybrid legal impossibility

38
Q

is pure legal impossibility a defense to an attempt charge?

A

yes

39
Q

criminal law does NOT prohibit or condemn the defendant’s conduct (there’s no reason to deter D’s act bc it’s not legally a bad act (AR))

A

pure legal impossibility (CL)

40
Q

is hybrid legal impossibility a defense to an attempt charge?

A

yes

41
Q

Defendant’s goal is illegal but commission of the offense is impossible, due to factual mistake re: the legal status relevant to the criminality of his conduct

A

hybrid legal impossibility (CL)

42
Q

why is hybrid legal impossibility hybrid?

A

b/c both factual and legal aspects (facts with legal significance)

43
Q

what is the relation between factual impossibility and hybrid legal impossibility?

A

a hybrid can always describe as factually impossible but not vice versa (bribing a juror but not actually a juror)

44
Q

what is the rule for impossibility under MPC?

A

5.01

only pure legal impossibility is not guilty (factual and hybrid are both guilty)

45
Q

under MPC what is the exception for impossibility?

A

5.05

“inherently impossible attempt’ “so inherently unlikely, court discretion for lower or no charge

46
Q

what is solicitation under CL?

A

inciting or soliciting another to commit a crime was itself a crime, independent of any other offense that either party might commit

47
Q

what is solicitation under MPC?

A

5.02
guilty of solicitation to commit a crime if with the purpose of promoting or facilitating its commission he commands, encourage or requests another to engage in specific conduct which would constitute such a crime/attempt/complicity

48
Q

what is accomplice liability?

A

encouraging or aiding another in a crime

49
Q

who is the principal?

A

engages in crime

50
Q

who is the accomplice?

A

person who encourages or assists

51
Q

what are 2 points to remember about accomplice liability?

A

1) derivative liability (there must be a guilty principal and principal must be culpable, doesn’t have to be convincible)
2) accomplices is guilty of crime committed by the principal, not guilty of “being an accomplice”

52
Q

what is the mens rea of complicity under CL?

A

1) purpose:must intend to actually help principal carry out crime
2) foreseeability of harm: once you have a purpose for one criminal act, liable for all natural and foreseeable crime that arise.

53
Q

what is the MPC rule for complicity?

A

2.06

attempt to or actually assist. Purpose to facilitate and purpose that the crime should happen

54
Q

what is the actus reus of the principal in complicity under CL?

A

specific intent (purposely), objective, no but-for cause

55
Q

what is the actus reus of the principal in complicity under MPC?

A

attempt to aid is enough (purpose to aid; purpose that principal commits crime) subjective, no need to have any effect in reality, luck should not be a factor

56
Q

under MPC when is one liable for complicit attempt?

A

even if the principal never made any sort of attempt

57
Q

what are the attended circumstance of complicity under CL?

A

opent to courts/ambiguous, sometimes requires MR for appreciation of materialy element

58
Q

what are the attended circumstances of complicity for MPC?

A

open to courts/ ambiguous, child be MR or SL depending on circumstances

59
Q

what is the result of the crime in complicity under CL?

A

parity

60
Q

what is the result of the crime in complicity under MPC?

A

2.06 parity

61
Q

what is the defense of complicity under CL?

A

no abandonment defense

62
Q

what is the MPC rule for defense in complicity?

A
  1. 06
    1) victim of offense
    2) conduct is inevitably incident to its commission
    3) terminates complicity prior to commission of offense
63
Q

under MPC when may an accomplice be convicted?

A

on proof of the commission of the offense of his complicity, even if person who committed offense had not been

64
Q

what is the innocent agent doctrine under MPC?

A

2.06
person is legally accountable for conduct of another if he causes an innocent or irresponsible person to engage in conduct

65
Q

what is the innocent agent doctrine under CL?

A

same as MPC

66
Q

agreement between 2 or more people to commit a crime’;

A

conspiracy

67
Q

how can you be charged under CL for conspiracy?

A

with the crime and the conspiracy

68
Q

how can you be charged under MPC for conspiracy?

A

cannot be charged with both except when the object of the crime is narrower than the conspiracy 5.03

69
Q

what is the MR of conspiracy for CL

A

intent to agree (purposely) and intent that the crime takes place (purposely)(or knowledge when the crime is a felony) (bilateral)

70
Q

under CL what is the MR for vicarious liability (conspiracy)?

A

negligence

71
Q

under CL what is the MR for suppliers (conspiracy)?

A

purpose or knowledge

72
Q

what is the MR under the MPC for conspiracy?

A

purpose (unilateral) allows defs soliciting police informants to be found guilty

73
Q

what is the MR for vicarious liability under MPC (conspiracy)

A

purpose or knowledge

74
Q

what is the MR for suppliers under MPC (conspiracy)

A

purpose (knowledge is not enough, even for serious crimes) 5.03

75
Q

what is the actus reus for conspiracy under CL?

A

agreement to act + overt act in furtherance of the crime

76
Q

what is a bilateral conspiracy (CL)?

A

both parties must actually have the intent, otherwise no liability. Knowledge is sufficient

77
Q

what is the actus reus of conspiracy for MPC?

A

5.03

agreement to act (overt act only required for minor offenses, not for major felony crimes) knowledge is sufficient

78
Q

what is a unilateral conspiracy (MPC)?

A

only one party has to have intent for liability (undercover agent)

79
Q

what is the result under MPC for conspiracy?

A

purpose

80
Q

what is the defense for conspiracy under CL?

A

withdrawal

1) make a clear renunciation to rest of conspirators
2) inform authorities about conspiracy

81
Q

what is the defense for conspiracy under MPC?

A

5.03

renunciation, voluntarily and completely renunciate and must thwart the success of the conspiracy

82
Q

what is the Pinkerton standard of conspiracy (CL)?

A

allows acts of co-conspirators to be attributable (must be reasonably foreseeable and in scope of conspiracy)

Criminal (6 decks)

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