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CRIM LAW > Crim law 1 > Flashcards

Crim law 1 Flashcards

1
Q

Jurisdiction (crim law)

A

state acquires jurisdiction if CONDUCT or RESULT happened in state

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2
Q

Merger (crim law)

A

solicitation and attempt - MAY MERGE
-once completed, cannot be convicted of attempting to commit the crime

conspiracy- NO

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3
Q

ACT

A

voluntary act

acts that DONT qualify:

  • not product of own volition
  • reflexive or convulsive
  • unconscious or asleep
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4
Q

Legal duty to act (omission) (5)

A
  1. by statute (file your taxes)
  2. by contract (lifeguard, nurse)
  3. bc of relationship btwn parties (parents duty to protect children)
  4. voluntary assume duty of care and fail to adequately perform it
  5. conduct created peril
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5
Q

Specific Intent Crimes (11)

A

Students Can Always Fake A Laugh Even For Ridiculous Bar Facts

solicitation, conspiracy, attempt, first degree, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery

*qualify for additional defenses of VOLUNTARY INTOX and UNREASONABLE MISTAKE OF FACT

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6
Q

Malice Crimes (2)

A

reckless disregard of a high risk

  1. murder
  2. arson
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7
Q

General Intent Crimes “catch all”

A

all crimes not mentioned unless they qualify for strict liability

*most common RAPE and BATTERY

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8
Q

Strict Liability “no intent crimes” (2)

A
  1. dont have to prove intent
  2. if the crime is in admin, regulatory, or morality area and NO ADVERBS LIKE “knowingly, willfully, or intentionally” then meant to be NO INTENT crime of strict liability
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9
Q

Purposely

A

conscious objective

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10
Q

Knowingly

A

aware likely to cause the result

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11
Q

Recklessly

A

conscious disregard for a substantial and unjustifiable risk

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12
Q

Negligent

A

fail to be aware of a substantial and unjustifiable risk

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13
Q

Accomplice liability (3)

A
  1. aids, advises, or encourages principal
  2. requisite intent that crime be committed
  3. liable for crime and foreseeable crimes
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14
Q

Accomplice Withdrawal (3)

A
  1. repudiate encouragement
  2. if provided assistance, must neutralize the assistance
  3. alternate means of withdrawing is call cops
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15
Q

Inchoate crimes (3)

A
  1. Solicitation
  2. Attempt
  3. Conspiracy
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16
Q

Solicitation

A

asking someone to commit a crime

  • crime ends when you ask
  • under COMMON LAW, not necessary they agree
  • if agree, CONSPIRACY
  • factual impossibility NO DEFENSE
17
Q

Conspiracy (3)

A
  1. agreement
  2. with intent to agree
  3. and intent to pursue an unlawful objective
18
Q

Co-Conpirator Liability (2)

A
  1. all other foreseeable crimes
  2. in furtherance of conspiracy

MAJ- overt act (even mere preparation)
MIN- just agreement

-need not be express agreement

19
Q

Co-Conspirator Liability (bilateral vs unilateral)

A

Bilateral (common law)

  • two guilty parties
  • acquittal of others, precludes conviction of remaining

Unilateral (Modern/MPC)
-only one person have genuine criminal intent

*withdrawal only for OTHER crimes, not for conspiracy itself

20
Q

Attempt (2)

A
  1. specific intent

2. overt act in furtherance of crime (substantial step)

21
Q

Attempt (defense of abandonment)(MAJ vs MIN)

A

MAJ- once substantial step, NEVER

MIN/MPC- only if fully voluntary and complete renunciation

22
Q

Attempt (defense of impossibility)

A

LEGAL- yes

FACTUAL- no

23
Q

Insanity (criminal defense) (4)((FLO))

A
  1. M’ Naghten Rule ((FLO))
    - D lacked ability to know wrongfulness or understand nature/quality of actions
  2. Irresistible Impulse
    - D lacked capacity for self control/free choice
  3. Durham Rule
    - D conduct a product of mental illness
  4. MPC
    - D lacked substantial capacity to conform to law
24
Q

Intoxication (criminal defense) (2)

A
  1. voluntary–> SPECIFIC INTENT CRIMES ONLY
    - addicts /alcoholics always voluntary
  2. involuntary–>
    (i) unknowingly being intoxicated
    (ii) or become intoxicated under duress
25
Q

Infancy (criminal defense)

A

Under 7- NO LIABILITY

Under 14- REBUTTABLE PRESUMPTION of NO CRIM LIABILITY

26
Q

Non-Deadly force (self defense)

A

may use when reasonably believe force is about to be used

27
Q

Deadly force (self defense)(maj vs min)

A

MAJ
-may used when reasonably believe about to be used on YOU

MIN
-req to retreat if safe to do so

28
Q

Retreat Exceptions (3)

A
  1. no duty to retreat from your home
  2. if you’re a victims of rape or robbery
  3. police officer
29
Q

Original Aggressor (self defense) (2)

A

original aggressor doesn’t have self defense, to get back they MUST:

  1. withdraw
  2. communicate that withdrawal
30
Q

Defense of Others (criminal defense)

A

if reasonable belief that the person assisted would have had the right to defend themselves

-need not be a special relationship btwn two

31
Q

Duress (criminal defense) (2)

A
  1. act under threat of imminent infliction of death or great bodily harm
    AND
  2. belief is reasonable
  • threats to harm a 3rd p may also suffice
  • DURESS NOT DEFENSE TO HOMICIDE
32
Q

Necessity (criminal defense) (4)

A
  1. conduct otherwise criminal
  2. justifiable if result of pressure from natural forces
  3. D reasonably believes
  4. conduct necessary to avoid greater societal harm
33
Q

Mistake of Fact (criminal defense)

A

only when the mistake negates intent

SPEC INTENT–> any good faith mistake at all
MALICE/GENERAL–> reasonable mistake
STRICT LIAB–> NEVER

34
Q

CONSENT (criminal defense)

A

generally not a defense

35
Q

Entrapment (criminal defense)

A
  1. criminal design originated with law enforcement officers

2. D not predisposed to commit the crime

CRIM LAW (2 decks)

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