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Crim Law 1 Flashcards

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
Malice Aforethought
1) Intent to kill 2) intent to GBI 3) depraved -heart murder - wanton and willful disregard of human life 4) FM rule
26
Felony Murder Rule
1st Degree - robbery, burglary, rape, arson, kidnapping 2nd Degree - other inherently dangerous felonies
27
FM Limitations
1) inherently dangerous felony 2) independent felony 3) in furtherance of felony
28
CL Manslaughter
Voluntary - intentional heat of passion Involuntary - criminal negligence - Misdemeanor Manslaughter
29
Stat. Modification Manslaughter
Same of CL
30
MPC Manslaughter
- reckless killing | - EMED
31
Difference b/w Murder & Manslaughter
- societies want of punishment | - what society can tolerate and what they can't
32
Role of Provocation
1) adequate provocation 2) heat of passion 3) no time to cool down 4) causal connection between provocation -> passion -> fatal act
33
Unjustified Risk
substantial unjustified risk-taking - gross deviation from standard of reasonable care Two factors 1) degree of risk 2) D's awareness of risk
34
Rape AR
- sexual intercourse - by a male - with a female (CL not his wife) - means of force/ threat of force - without consent
35
Rape MR
- morally culpable state of mind | - must convince jury good faith belief is reasonable
36
Force (Rape)
- separate element - Physical -> more obvious -> pinning; pushing; holding - Constructive -> threats of force (verbal or nonverbal)
37
Resistance Rule (Rape)
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
Tradition -> Force & Resist (Rape)
V must resist to upmost, using every physical and other faculty available to her, and must resist until consumation
39
Modern Trend -> Force & Resist (Rape)
- Resistance requirement - earnest resistance -> sufficient resistance to establish act of sex was without consent and by force - reasonable under circumstances
40
Defenses (Rape)
Mistake of fact - good faith & Reasonableness Rule: MIN -> intercourse + force = guilty MAJ -> matter of fact, generally believed & reasonable = can be exculpable
41
Attempt AR
engaging in conduct that constitutes beginning of perpetration of target offense
42
Incomplete Attempt
not commit action; thwarted / decides not to
43
Complete Attempt
commit action but not outcome; shoot but miss
44
Physical Proximity Test
Attempt AR Test | - conduct proximate to commit crime; D has power to commit crime almost immediately
45
Indispensable Element Test
Attempt AR test | - D obtain indispensable element of crime
46
Probable Desistance Test
Attempt AR test | - conduct pas the point of no return
47
Unequivocality Test
Attempt AR test | - conduct unquestionably manifests intent to commit crime; no other explanation
48
Attempt MR
1) intent to commit AR 2) intent to commit crime CL -> purpose and knowledge
49
Solicitation AR
invites, requests, commands, hires another to commit a crime
50
Solicitation MR
intend other commit solicited crime
51
Conspiracy AR
CL -> agreement between two or more to commit crime MPC -> agreement to commit an act
52
Conspiracy MR
Intent to agree; intent to accomplish CL -> purpose/ knowledge MPC -> purpose
53
Pinkerton Rule
USFG and some states | - liable for foreseeable consequences of co-conspirators done in furtherance of conspiracy
54
Conspiracy and Suppliers
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
Accomplice AR
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
Accomplice MR
1) intent to aid principal | 2) intend principal commit offense
57
Natural and Probable Consequences
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
Larceny AR
trespassory taking and carrying away of the personal property of another
59
Larceny MR
intent to permanently deprive possessor of the property
60
Breaking Bulk Doctrine
bailee has possession of bale not its contents
61
Continuing Trespass Doctrine
not CL trespass continues until bad MR intent catches up
62
Embezzlement AR
1) D obtains lawful possession | 2) D fraudulently converts property for own use
63
Embezzlement MR
intent to permanently deprive
64
Theft by False Pretenses
AR 1) false representation 2) owner relies on false representation and is defrauded MR intent to defraud owner of property
65
Finding property
not guilty unless 1) knows true owner can be found 2) intent to permanently deprive

Crim Law (2 decks)

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