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Crim Law > Crim Law 1 > Flashcards

Crim Law 1 Flashcards

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1
Q

Actus Reus

A

1) Voluntary Act or Omission 2) that causes 3) social harm

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2
Q

Non Voluntary Acts

A

1) relfex convulsion
2) unconsciousness
3) hynosis
4) movements not of effort

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3
Q

What must be proven for omission to be culpable?

A

must prove omission would’ve kept act from happening

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4
Q

Bad Samaritan Laws

A

impose duty to act absent of relationship; must give reasonable assistance

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5
Q

Mens Rea

A
  • guilty mind; criminal intent

- culpability depends on what D is thinking

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6
Q

4 Culpability types

A

1) purposefully
2) knowingly
3) recklessly
4) negligently

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7
Q

Purposefully

A

acting with the conscious object for the result to occur

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8
Q

Knowingly

A

aware that result is virtually certain to occur

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9
Q

Recklessly

A

consciously disregards substantial and unjustifiable risk

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10
Q

negligently

A

should be aware of substantial and unjustifiable risk but is not

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11
Q

Willful Blindness

A

knowledge of high probability -> chooses not to find out more information

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12
Q

General Intent

A

1 intent -> 1 crime

ex. Battery -> intent to cause harmful or offensive contact

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13
Q

Specific Intent

A

multiple intents -> specific to crime and outcome

ex. Burglary -> 1) breaking and entering, 2) with intent to commit felony therein

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14
Q

Strict Liability

A

element that does not require proof of culpability

  • public welfare offenses
  • statutory rape

if harsh penalty -> not SL & requires MR (unless stated)

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15
Q

Actual Cause

A

“But-for” cause

without Ds act -> does harm occur?

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16
Q

Substantial Factor Test

A

(alternate test to “but-for” causation)

two or more Ds conduct have same result

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17
Q

Intervening Cause

A
  • comes after D’s intended act
  • independent force produces social harm but only occurs after D’s voluntary act
  • Shifts liability
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18
Q

Intervening Cause Factors

A

1) how substantial of a role did D’s act play? (de minimis cause)
2) was intervening act foreseeable?
3) did D intend consequence?
4) apparent safety doctrine
5) an omission cannot be intervening cause
6) voluntary human intervention might cut causation and eliminate criminal liability

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19
Q

MPC Mistake of Fact

A

1) ignorance of mistake must negate MR required for offense

2) state of mind established by ignorance must constitute defense

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20
Q

CL Mistake of Fact

A

General Intent Crimes
- reasonable and negates culpability

Specific Intent Crimes
- negates specified MR

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21
Q

CL Mistake of Law

A

1) reasonable reliance on official statement of law
- statute, judicial decisions, or official’s interpretation
2) when mistake negates MR required for crime
- stealing back your car from mechanic not knowing of mechanic lien law

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22
Q

CL Murder

A

Unlawful killing of another human with malice aforethought.

  • intent to kill
  • felony murder
  • intent GBI
  • Extreme Recklessness
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23
Q

Stat. Modification Murder

A

1st Degree

  • WDP intent
  • 5 enumerated FM

2nd Degree

  • non-WDP intent
  • GBI
  • extreme reckless
  • other FM
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24
Q

MPC Murder

A
  • purposefully or knowingly;

- recklessly; depraved heart (extreme indifference to value of human life)

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25
Q

Malice Aforethought

A

1) Intent to kill
2) intent to GBI
3) depraved -heart murder
- wanton and willful disregard of human life
4) FM rule

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26
Q

Felony Murder Rule

A

1st Degree
- robbery, burglary, rape, arson, kidnapping

2nd Degree
- other inherently dangerous felonies

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27
Q

FM Limitations

A

1) inherently dangerous felony
2) independent felony
3) in furtherance of felony

28
Q

CL Manslaughter

A

Voluntary
- intentional heat of passion

Involuntary

  • criminal negligence
  • Misdemeanor Manslaughter
29
Q

Stat. Modification Manslaughter

A

Same of CL

30
Q

MPC Manslaughter

A
  • reckless killing

- EMED

31
Q

Difference b/w Murder & Manslaughter

A
  • societies want of punishment

- what society can tolerate and what they can’t

32
Q

Role of Provocation

A

1) adequate provocation
2) heat of passion
3) no time to cool down
4) causal connection between provocation -> passion -> fatal act

33
Q

Unjustified Risk

A

substantial unjustified risk-taking
- gross deviation from standard of reasonable care

Two factors

1) degree of risk
2) D’s awareness of risk

34
Q

Rape AR

A
  • sexual intercourse
  • by a male
  • with a female (CL not his wife)
  • means of force/ threat of force
  • without consent
35
Q

Rape MR

A
  • morally culpable state of mind

- must convince jury good faith belief is reasonable

36
Q

Force (Rape)

A
  • separate element
  • Physical -> more obvious -> pinning; pushing; holding
  • Constructive -> threats of force (verbal or nonverbal)
37
Q

Resistance Rule (Rape)

A

Ps evidence must prove either:

  • V resisted and resistance was overcome by Ds force OR
  • V prevented from resisting by threats of GBI or death
38
Q

Tradition -> Force & Resist (Rape)

A

V must resist to upmost, using every physical and other faculty available to her, and must resist until consumation

39
Q

Modern Trend -> Force & Resist (Rape)

A
  • Resistance requirement
  • earnest resistance -> sufficient resistance to establish act of sex was without consent and by force
  • reasonable under circumstances
40
Q

Defenses (Rape)

A

Mistake of fact
- good faith & Reasonableness

Rule:
MIN -> intercourse + force = guilty
MAJ -> matter of fact, generally believed & reasonable = can be exculpable

41
Q

Attempt AR

A

engaging in conduct that constitutes beginning of perpetration of target offense

42
Q

Incomplete Attempt

A

not commit action; thwarted / decides not to

43
Q

Complete Attempt

A

commit action but not outcome; shoot but miss

44
Q

Physical Proximity Test

A

Attempt AR Test

- conduct proximate to commit crime; D has power to commit crime almost immediately

45
Q

Indispensable Element Test

A

Attempt AR test

- D obtain indispensable element of crime

46
Q

Probable Desistance Test

A

Attempt AR test

- conduct pas the point of no return

47
Q

Unequivocality Test

A

Attempt AR test

- conduct unquestionably manifests intent to commit crime; no other explanation

48
Q

Attempt MR

A

1) intent to commit AR
2) intent to commit crime

CL -> purpose and knowledge

49
Q

Solicitation AR

A

invites, requests, commands, hires another to commit a crime

50
Q

Solicitation MR

A

intend other commit solicited crime

51
Q

Conspiracy AR

A

CL -> agreement between two or more to commit crime

MPC -> agreement to commit an act

52
Q

Conspiracy MR

A

Intent to agree; intent to accomplish

CL -> purpose/ knowledge
MPC -> purpose

53
Q

Pinkerton Rule

A

USFG and some states

- liable for foreseeable consequences of co-conspirators done in furtherance of conspiracy

54
Q

Conspiracy and Suppliers

A

1) knowledge of criminal use
2) intent to further
- charges high price
- transacts high volume of sales
- no legitimate use for goods or services

55
Q

Accomplice AR

A

assistance; any amount of aiding, advising, encouraging

  • must actually help
  • mere presence does not make accomplice
  • no need for “but-for”; as long as helps
56
Q

Accomplice MR

A

1) intent to aid principal

2) intend principal commit offense

57
Q

Natural and Probable Consequences

A

accomplice to any crime that is natural and probable consequence of target offense

1) did the principal commit the target offense?
2) was D accomplice to this offense?
3) did the principal commit another crime, beyond the target offense?
4) was additional crime “natural and probable consequence” of crime

58
Q

Larceny AR

A

trespassory taking and carrying away of the personal property of another

59
Q

Larceny MR

A

intent to permanently deprive possessor of the property

60
Q

Breaking Bulk Doctrine

A

bailee has possession of bale not its contents

61
Q

Continuing Trespass Doctrine

A

not CL

trespass continues until bad MR intent catches up

62
Q

Embezzlement AR

A

1) D obtains lawful possession

2) D fraudulently converts property for own use

63
Q

Embezzlement MR

A

intent to permanently deprive

64
Q

Theft by False Pretenses

A

AR

1) false representation
2) owner relies on false representation and is defrauded

MR
intent to defraud owner of property

65
Q

Finding property

A

not guilty unless

1) knows true owner can be found
2) intent to permanently deprive

Crim Law (2 decks)

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