Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

MBE > Crim L/P > Flashcards

Crim L/P Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

Crime Requires

A

AR + MR + Causation + Concurrence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

AR

A

Voluntary Physical Act or Omission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Omission

A

D - specific legal duty to act

D- knowledge giving rise to duty

Reasonably possible for D to perform

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

MR

A

Specific Intent
General Intent
Malice
SL
VL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Causation

A

Cause in Facts (b/f)
+
Proximate Cause (natural and probable consqeunce)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Specific Intent

A

Specific intent or objective to commit crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Specific Intent Crimes

A

Students Can Always Fake A Laugh for Ridiculous Bar Facts

Solicitation
Conspiracy
Attempt
First Degree Murder
Assault
Larceny
Embezzlement
False Pretenses
Robbery
Burglary
Forgery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

General Intent

A

D aware of actions + any attendant circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

General Intent Crimes

A

Battery
Rape
KN
FI

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Malice

A

D acts with reckless disregard or undertakes obvious risk from which harm is expected

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Strict Liability

A

NO intent or awareness req

(Rape, regulatory, morality, administrative)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Vicarious Liability

A

Held liable for another’s criminal conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

MPC

A

Purposely
Knowingly
Recklessly
Negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Purposely

A

Conscious objective - particular result

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Knowingly

A

Aware conduct is of a particular nature + conduct will nec/very likely cause result

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Reckelssly

A

Knows of substantial risk/unjustifiable risk + consciously disregards

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Negligence

A

Fails to become aware of S&U risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Transferred Intent

A

D liable if intends harm caused, but causes to a different victim

(NEVER for attempt– usually battery, arson, homicide)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Effect of Transferred Intent

A

TWO crimes – attempt (intended crime) + resulting crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Merger

A

Two offenses merge – prohibiting prosecuting D separately for each

(only solicitation and attempt)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Lesser Included Offenses

A

Cannot be charged of target crime + lesser included (same but not all elements)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Solicitation

A

Inciting, Urging, o/w asking one to commit a crime
+
Intent they commit crime

(*Merges with target offense)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Solicitation Defenses

A

MPC allows renunciation

Refusal, w/d, impossibility NOT defenses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Accomplice Liability

A

Aid/ Counsel/ Encourage P before or during the crime
+
with intent to assist P AND that P commits crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Accomplice Liability Scope

A

All crimes he committed or counseled
+
Any other probable consequences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Common Law Accomplice Liability

A

P in the first - actually engages
P in the second - a/a/e + present at crime
Access b/f - a/a/e/ + not present at crime
Access a/f - knowingly gives assistance + for purpose of helping him avoid apprehension

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Modern Accomplice Liability

A

P - has requisite AR + engages in act/omission
Accomplice– a/a/e
Access after - receives/comforts/assists P knowing crime committed + to help escape (obstruction)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Accomplice Liability Defenses

A

Withdrawl

Member protected class (eg: minor victim in statutory rape)

Parties not provided for in the statute (eg: purchaser of drugs not acc to seller)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Accomplice Liability Withdrawal

A

Repudiate prior aid/encouragment

Do all possible to counteract prior aid +

Do so before chain of events in motion/unstoppable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Conspiracy

A

Agreement between two or more people

Intent to enter an agreement

Intent to commit target crime or pursue an unlawful objective

Overt act in furtherance of

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Unilateral Conspiracy vs. Bilateral Conspiracy

A

Common Law – Bilateral (need two)

MPC – unilateral (one mind enough–*undercover cop ex)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Conspiracy Termination

A

Ends upon completion of crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Conspiracy Defenses

A

NO impossibility or w/d for the conspiracy

(w/d may be possible for future crimes with affirmative act +timely)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Co-Conspirator Liability

A

Each liable for crimes

F/S

+

Committed in furtherance of conspiracy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Attempt

A

SI

Overt Act (beyond mere prep) + Intent to commit particular crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Insanity Defenses

A

M’Naghten – does not know right from wrong

Irresistible Impulse – lacks ability for self-control/cannot conform to law

MPC – MN + II

Durham – but for mental illness, would not have acted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Infancy

A

Under 7 - no crim liability

7-14 Rebuttable Presumption

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Intoxication

A

Voluntary – SI

Involuntary – ALL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Involuntary Intoxication

A

Took substance w/o knowledge of nature

under direct duress imposed by another person

pursuant to med advice w/o notice of intox effect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Self Defense

A

Non deadly where:

No fault + Reasonable belief of unlawful force + proportionate force

Deadly Force where:

No fault + reasonable belief death/great bh

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Duty to Retreat (SD)

A

NDF – no duty

DF – no duty (maj)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Self Defense by Initial Aggressor

A

Allowable where:

IA w/d before need for SD arises and communicates desire to do so

or

Victim of IA suddenly escalate minor dispute to deadly altercatino

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

SD of Others

A

Reasonable force to defend other IF reasonably believes other person would be justified in using that force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Imperfect Self Defense

A

Person kills under unreasonable belief that he faced DF

(reduce murder to VMS)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Police Use of Force to Effectuate Arrest

A

NDF – if reasonably

DF– if prevent fleeing felon or FF poses threat of d/sbh

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Citizen Arrest

Use of Force

A

NDF- if crime actually committed + reas bel person arrested committed it

DF- to prevent escape of person who committed felon + FF threatens human life

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Force to prevent crime

A

NDF - serious breach of peace

DF:

CL - to prevent commission of felony

Mod- terminate previous dangerous felony + felony threatens srs risk to HL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Defense of Dwelling

A

NDF- to prevent/terminate unlawful entry or attack

DF- ONLY if reas bel

-force necessary to prevent attack on oneself/others by person who attempted violent entry

OR

-force nec to prevent entry by person who intends to commit a felony therein

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Defense of PP

A

NDF- if reas nec to defend against imminent unlawful interference or trespass

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Necessity

A

Only if D believe conduct reas nec to avoid imminent greater injury to society

Exc: results in death of another or D caused events leading to necessity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Duress

A

D believes crime nec to prevent death/sbh

(NEVER to homicide)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

Consent

A

ONLY if negates element of defense!

Vol/freely given + capable of consenting + no fraud in obtaining

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

Entrapment

A

Criminal design originated with LE

+

D not o/w predisposed to commit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Mistake of Law

A

(almost never)

Lacking awareness/knowledge that act constitutes a crime

Exc: reas reliance on invalid statute OR mistake negates element of crime req knowledge of the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Mistake of Fact

A

Available as a defense only if negates req intent element

defense to SI = any mistake

defense to Malice + GI = reas mistake only

defense to SL = NEVER

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Assault

A

Attempted Battery

or

Intent to place in reas apprehension of imminent injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

Battery

A

Unlawful application of force + person of another + amounting to harmful/offensive touching

58
Q

Rape

A

CL = unlawful carnal knowledge of a woman by a man other than her husband w/o her consent

Modern: SA – slightest penetration + no consent

59
Q

False Imprisonment

A

Unlawful confinement of a person w/o their consent

(Can rise to KN if mvmt/conceal)

60
Q

Kidnapping

A

Unlawful confinement of another + movement (asportation) and concealment in secret place

Aggravated: ransom, to commit other crime, or child involved

61
Q

Murder

A

Unlawful killing of another with MA

62
Q

Malice Aforethought

A

Intent to kill (1st)

Intent to inflict GHB (2nd)

Depraved Herat (2nd)

FM (1st or 2nd)

63
Q

Intent to Kill (MA)

A

desire to kill; knowledge of subst cert death will occur

64
Q

Intent to Inflict GBH (MA)

A

Intent to commit grievous bodily injury

65
Q

Depraved Heart (reckless indifference) (MA)

A

Reckless indifference to an unjustifiable risk of human life

66
Q

FM (MA)

A

BARRK

Intent to commit underlying felony + statutorily enum felony/inherently dang felony

67
Q

BARRK

A

Burglary, Arson, Rape, Robbery, KN

68
Q

FM Bystander Deaths

A

Agency theory (maj) – D not liable

Proximate cause theory(min) – D IS liable

69
Q

FM Co Conspirator Death

A

maj- D not liable when nonfelon kills co-felon (ex: police)

(also “redline view”)

70
Q

FM Limitations

A

D must be guilty of underlying felony (ind of killing)

Victim’s death f/s (pc) of felony

Victim’s death caused before felon reaches place of safety

71
Q

Statutory Modifications to CL Murder

A

First Degree – D + PM (in dispassionate manner, reflected on) or FM

(Vol intox and mistake of fact are defense, bc SI!)

Second Degree– homicide not rising to 1st

72
Q

Voluntary MS

A

Heat of Passion/Adequate Provocation

73
Q

VMS “Adequate provocation”

A

Would cause sudden and intense passion in an ordinary person causing him to lose self-control

D was in fact provoked

sufficient time to cool off– did not

74
Q

Invol MS

A

Gross Negligence

Misdemeanor MS (act inherently w/f and death was fs consequence OR not rising to FM)

75
Q

Larceny

A

Taking and carrying away prop another

w/o consent

intent to permanently dispossess

76
Q

Embezzlement

A

Fraudulent conversion by one in lawful possession

(no embezz if intent to restore–exact same)

77
Q

False Pretenses

A

Taking title

by false statements

of past/existing fact

with intent to defraud

78
Q

Larceny by Trick

A

taking possession

by false statements

of past/existing fact

with intent to defraud

79
Q

Receipt of Stolen Property

A

Receipt of possession and control

of stolen property

known to be illegally obtained by another

with intent to perm deprive true owner

80
Q

Forgery

A

Creating/Altering

doc with purported legal significance

to be false

with intent to defraud

81
Q

Robbery

A

w/f taking of another’s pp

from his person by fprce/threat

intent to perm deprive

82
Q

Extortion

A

Obtaining prop

through threats of future harm or exposing info

(need not take from person’s presence)

83
Q

Burglary

A

B&E (actual or constructive)

Dwelling (mod- need not be dwelling- structure)

of another (occupancy suff)

at nighttime (mod- any time)

with intent to commit felony therein (mod- can be misdemeanor; need not be completed + can form intent after entering)

84
Q

Arson

A

Malicious

burning (charring yes, scorching no)

Dwelling (mod- structure)

of another

Damages Req

85
Q

Arrest

A

Taking individual into custody – PC REQ (warrant not usually required)

86
Q

PC

A

T/W facts or knowledge sufficient for a reasonable person to believe that the suspect has committed/planning to commit a crime

87
Q

Non Emergency in Home Arrest

A

Warrant required

88
Q

Detentions

A

S&F (RS)

Auto (RS)

Stationhouse (PC)

To obtain SW (PC, can stop from entering house)

Of Occupants of premises (valid SW -yes)

89
Q

Auto Stop (detention)

A

RS required-(pretextual motive okay if RS)

Pass + Pass compartments (no trunk) -belief weapons present

PC arises during → whole car

90
Q

Checkpoints

A

neutral + articulable standard

serves purpose related to cars and their mobility/safety

91
Q

Validity of SW

A

Based on PC

describes places to be searched/items to be seized with particularity

Neutral + detached magistrate

(GF exception applies)

92
Q

REoP

A

4th only attaches if REoP (totality of the circ)

auto – D owns/possesses/lives in premises to be searched or overnight guest

never– inherently public things like HW/voice/odos

93
Q

GF SW Exception

A

If GF – exclusionary rule does not apply

No GF where:

  • affidavit lacks PC + no reas PO would have relied
  • warrant defective on its face
  • PO lied to magistrate
  • magistrate wholly abandoned judicial role
94
Q

Execution of SW

A

W/O unreasonable delay

K&A + reas time be entering

Scope– reas nec to discover items in W

95
Q

Open Fields

A

No REoP if beyond house + curtilage

(trash if at alley curb)

Ct considers: prox to house; enclosed; steps to protect; nature of use

96
Q

Sensory Enhancing Tech in Searches

A

NOT allowed–only what’s available to public

97
Q

Dog Sniffing in Searches

A

Luggage at airports and cars legit stopped

98
Q

Exceptions to SW

SPACES

A

Search incident to lawful arrest

Plain View

Automobile

Consent

Exigent Circ

S&F

99
Q

Search Incident to Lawful Arrest

A

Arrest is lawful + contemporaneous with arrest + WS

100
Q

SILA - Protective Sweep

A

All/part of premises where arrest takes place IF:

reas belief based on specific + artic facts that other dang indiv may be present

101
Q

SILA + Car

A

Car + compartments IF:

reas believe arrestee might access vehicle at time of search (unsecured) OR

RB vehicle contains evidence of the offense causing the arrest

(no trunk w/o consent or PC)

102
Q

Plain View

A

PO legit present + contraband in PV/imm apparent

103
Q

Consent to Search

A

V & I made + person making has authority to consent

(scope may be limited by consenting party)

104
Q

TP Consent to Search

A

Mult prop rights = anyone

resident above non

tenant above LL

refusal above consent (unless refuser leaves)

105
Q

Auto Exception to SW

A

If PC – whole car + trunk + containers that might contain object seeking

(PC must arise before search)

106
Q

S&F SW Exception

A

RS on Totc

Stop = brief (no longer than reas nec to verify suspicion

Frisk = RS armed and dangerous

(If PC arises during – can arrest)

107
Q

Exigent Circumstances

A

PC + needed to:

prevent destruction of evidence

prevent imm injury to persons, or

HP

Scope = broad as nec to prevent escape (can enter dwelling)

108
Q

School Searches

A

Reasonable chance of finding w/d +

procedure reasonably related to object of search +

not excessively intrusive

109
Q

Admin Search w/o warrant

A

Highly regulated bus/industry– permitted

110
Q

Border Search w/o warrant

A

Detention at border = RS

International Mail = open and inspect

Immigration = raid business to determine citizenship status

111
Q

W/T & Elec Surveillance

A

W/T = No warrant to make someone wear a wire

ES - W → PC of specific crime committed + start of communications + name subjects + particularity + limited to short period of time + term when desired info obtained

112
Q

Exclusionary Rule

A

No intro of evidence obtained in violation of D’s constitutional rights in CRIMINAL trial

113
Q

Exclusionary Rule Limitations

A

does not apply to:

GJ, civil, parole, admin, violations of K&A, evidence seized as result of Miranda violation

114
Q

Fruit of the Poisonous Tree

A

Evidence w/f obtained = inadmissible

Exceptions:

Gov breaks chain/Attenuation (too remote)

Ind source

Inevitable disc

115
Q

Exclusionary Rule Remedy

A

Harmless Error Review – beyond reasonable doubt

116
Q

5th amendment

Self Incrimination

A

May refuse to answer if will incriminate (civil OR crim)

testimonial/communicative evidence only + not for Corp

Exc: Grant of immunity; incrim not possible; waived

117
Q

5th Amendment

Miranda

A

If in custody – must be informed of Miranda before interrogation o/w subsquent stmts = inadmissible

118
Q

Miranda + custodial Interrogation

A

Custody = not free to leave

Interrogation = stms by police likely to elicit incrim response (PS exc)

119
Q

5th Amendment Miranda

Right to Silence

A

If invoked– cease ALL qs

(Police can reinitiate after reas time on unrelated crimes–must remiranda)

120
Q

5ht Amendment

Rt to Counsel

A

Once invoked unambiguously – cease ALL qs on ANY topic

(accused restarts– interrogation allowed)

121
Q

5th Amendment Miranda

Waiver

A

Knowing, intelligently made, voluntary

(burden on pros to show waiver valid)

122
Q

Double Jeopardy

A

Attaches when jury empaneled, bench - 1st w sworn- NO GJ

cannot be retried for same offense or lesser offense

exc: new ev available

123
Q

Double Jeopardy Exceptions

A

Hung Jury

Mistrial - manifest necessity (ex: D sick)

Retrial after D successfully appealed

D breaches plea deal

Sep Sovereigns (diff states; fed after state/etc)

124
Q

5th Amendment

Due Process

A

Applicable to states through 14th

Confessions - vol

Ids- not nec suggestive

125
Q

6th amendment

Rt to Counsel

A

OFFENSE SPECIFIC

Once attaches → police may not elicit incrim stmts o/d presence of counsel

126
Q

6th Amendment

Rt to Counsel - Scope

A

Offense specific – can question about OTHER crimes w/o counsel

127
Q

Rt to counsel

5th vs 6th

A

Auto → 5th no (invoke); 6th yes (charged filed)

Offense → 5th not specific (stop qs on all subjects if invoked) 6th, specific (q about other things okay)

128
Q

6th Amendment

Rt to Effective Counsel

A

Did not act as reasonable, competent atty would have

so prejudicial -b/f atty’s actions, result would have been different

129
Q

6th Amendment

Rt to Confront Ws

A

Criminal - rt attaches auto → compel testimony + ability to cross

130
Q

6th Amendment

Rt to Speedy Trial

A

no unreasonable delay between charges filed + start of trial (totc)

remedy = dismiss with prejudice

131
Q

Bail

A

No higher than nec to ensure D will appear

132
Q

Gov Duty to Disclose Exculpatory Info

A

D must show

evidence impeaches/exculp

favorable to d

prejudice resulted without

133
Q

Plea Bargains

A

Judge must → determine plea is vol + D understands the following:

nature of charge

max auth penalty

d has right not to plead

d waiving right to jury trial

134
Q

Appellate Court– Distrub Plea where

A

not voluntary

court that took lacked jx

D had ineffective counsel

prosecutor failed to honor

135
Q

Jury Size

A

at least 6, no more than 12

136
Q

6th amendment

rt to confront ws

co-defendant confessions

A

inadmissible unless:

confessing d subject to cross

sep trials

confession redacted to portions referring to co-d eliminated

co-d confession used to rebut d’s claim ofcoerced confession

137
Q

8th Amendment

Death Penalty

A

Req:

statute allowing - must not be unconst vague

jury allowed to consider mitigating circ

at least one aggravating circ

138
Q

Death Penalty Limitations

A

D under 18

D mentally disabled

D insane at time of exec

Conviction for FM and D not major participant OR did not act with depraved indifference

139
Q

Jury trial waiver

A

if K/I/V

140
Q

Jury Verdicts

A

If 6 → unanimous

fed crim → unanimous

12 → subst maj (mod most req unanimous)

MBE (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions