Brainscape's Knowledge GenomeTM

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


See full index

Bar Exam Courses > crim law > Flashcards

crim law Flashcards

1
Q

physical act to constitute a crime must be

A

voluntary act

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

mental state - specific intent

A
  • requires doing an act with a specific intent of objective
  • cannot infer specific intent from doing the act
  • ex: solicitation, attempt, conspiracy, assault, larceny, robbery, burglary, forgery, false pretenses, embezzlement, and first degree premeditated murder
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

mental state - malice

A
  • applies to common law murder and arson
  • generally shown with (at least) reckless disregard of an obvious or high risk that a particular harmful result would occur
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

mental state - general intent

A
  • defendant must be aware that is acting in the prescribed manner and that any attendant circumstances required by the crime are present
  • can infer general intent from doing the act
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Model Penal Code

A

Purposely/knowingly/recklessly/negligently

  1. purposely = conscious object to engage in act or cause certain result
  2. knowingly = as to nature of conduct: aware of the nature of the conduct or that certain circumstance exist; as to result: knows that conduct will necessarily or very likely cause result
  3. recklessly = conscious disregard of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a reasonable person standard
  4. negligently = failure to be aware of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a reasonable person standard
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

elements of accomplice liability

A
  1. must be intentionally aiding, counseling, or encouraging the crime - active aiding, etc., required. mere presence is not enough even if by presence defendant seems to be consenting to the crime or even if defendant fails to notify police
  2. if crime is one of recklessness or negligence, accomplice must intended to facilitate commission and act with recklessness or negligence
  3. liability if for the crime itself and all other foreseeable crimes
  4. accessory after the fact is not an accomplice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

defenses to accomplice liability

A

withdrawal is an affirmative defense if prior to the crimes commission

  • if encouraged crime, must repudiate encouragement
  • if provided material, must neutralize assistance
  • or may notify police or otherwise act to prevent crime
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

solicitation

A

elements
1. asking someone to commit a crime
2. with the intent that the crime be committed
defenses
1. the refusal of the legal incapacity of the solicitor is no defense
2. if legislative intent is to exempt solicitor, that is a defense

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

conspiracy

A

elements:
1. an agreement
2. an intent to agree
3. an intent to achieve the objective of the agreement, and
4. an over act (most jurisdictions)
liability:
1. each conspirator is liable for all crime of other conspirators if foreseeable and in furtherance of the conspiracy
defenses:
1. withdrawal
-general = only withdrawal from future
crimes, still liable for conspiracy
-MPC = not liable if thwarts conspiracy
2. factual impossibility is no defense
merger:
1. no merger - ca be convicted of both conspiracy and substantive offense

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

attempt

A

elements:
1. specific intent and
2. over act = substantial step in commission of crime (mere preparation is not enough)
defenses:
1. factual impossibility is not defense
2. true legal impossibility is always a defense
3. abandonment generally no defense after the substantial steps have begun
-MPC recognizes when fully vol and complete (not a postponement)

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

insanity defense

A
  1. M’Naghten test = disease of the mind aused a defect of reason so defendant lacked the ability at time of his actions to know wrongfulness and understand nature and quality of actions
  2. irresistible impulse test = unable to control actions or conform conduct to law
  3. durham test = crime was product of mental disease or defect
  4. MPC = combination of M’Naghten and irresistible impulse
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

intoxication defense

A

voluntary intoxication is a defense if it negates specific intent crime

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

self defense - nondeadly force

A

a person may use non deadly force if she reasonably believes force is about to usef on hr, no duty to retreat

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

self defense - deadly force

A

a person may use deadly force if:
1. without fault
2. confronted ny unlawful force
3. reasonably believes that she is threatened with imminent death or great bodily harm
duty to retreat before using deadly force:
1. majority rule = no duty
2. minority rule = duty unless:
-can safely retreat
-in ones home
-original aggressor can use df if withdraw
-arrest when officer reasonably believes suspect armed or presents danger to public
-if no right to self defense guilty of voluntary manslaughter under impert self defense theory

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

defense of others or dwelling

A
  1. non deadly force = person reasonably believes that ndf is necessary to protect other or dwelling or to end unlawful entry
  2. deadly force = only if person reasonably believes that she is threatened with death or great bodily harm
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

necessity defense

A

choice of evils - harm to society exceeded by harm of criminal act

  1. objective test
  2. not available if defendant is at fault for creating situation requiring choice
  3. traditionally, choice had to arise from natural forces; modern cases do not have this requirement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

duress defense

A

defendant performs a criminal act under a threat of death or serious bodily harm to him or another

  1. threat must be made by another human
  2. traditionally threat to property was no sufficient; MPC now recognizes threat to property as sufficient if harm threatened outweighs harm of criminal act
18
Q

mistake of fact defense

A

mistake of fact

  1. must negate state of mind
  2. malice and general intent crimes - mistake must be reasonable
  3. specific intent crimes - mistake can be reasonable or unreasonable
  4. strict liability = mistake is not a defense
19
Q

mistake of law defense

A

generally not a defense

20
Q

entrapment defense

A

elements:

  1. criminal design originated with authorities and
  2. defendant was not predisposed to commit crime
21
Q

elements of common law murder

A
  1. unlawful
  2. killing of another human being
  3. with malice aforethought

malice means:

  1. intent to kill
  2. intent to do serious bodily harm
  3. reckless indifference to unjustifiably high right to human life (depraved heart)
  4. felony murder
22
Q

defenses to common law murder

A
  1. justification (self-defense)

2. provocation (reduces to vol manslaughter)

23
Q

felony murder

A
  • if defendant has substantive defense to the underlying felony, he usually has a defense to felony murder
  • procedural defense like SOL not defense
  • the killing must be foreseeable
  • deaths caused while fleeing from a felony are felony murder, but deaths that arise after defendant has found some point of temporary safety are not
  • majority rule = defendant is not liable for felony murder for the death of a co-felons a result of resistance by the victim or the police
24
Q

voluntary manslaughter

A

elements:

  1. adequate provocation
  2. gave rise to heat of passions, and
  3. no adequate cooling off period
25
Q

involuntary manslaughter

A

types:

  1. killing resulting from criminal negligence
  2. misdemeanor manslaughter
26
Q

causation

A

defendant is liable for all natural and probable consequences of his conduct unless than chain of causation is broken by intervention or some superseding factor

superseding factors:

  1. acts of nature
  2. coincidence
  3. negligent medical care not a superseding factor unless gross negligence or intentional malpractice

ADD CAUSATION ANALYSIS TO ANY HOMICIDE QUESTION THAT PRESENTS THE ISSUE

27
Q

Battery

A
  1. unlawful application of force to another

2. resulting in bodily injury or offensive touching

28
Q

assault

A
  1. intent to commit a battery
  2. intentional creation (other than by mere words) of a reasonable apprehension in the mind of the victim or imminent bodily harm
29
Q

false imprisonment

A
  1. unlawful
  2. confinement of a person
  3. without his valid consent
30
Q

kidnapping

A
  1. some movement of concealment of a victim in a secret place
  2. some courts hold that kidnapping is committed when the victim is moved during the commission of another crime to a location that places her in more danger than that necessarily involved in the commission of the crime
31
Q

rape

A
  1. any penetration of the female sex organ by the male sex organ
  2. without the victim’s effective consent;
    • intercourse accomplished by actual force
    • intercourse accomplished ny threats of great and immediate bodily harm
    • intercourse where the victim is incapable of consenting due to unconsciousness, intoxications, or mental condition
    • intercourse where the victim is fraudulently caused to believe that the act is not intercourse
  3. in the absence of a marital relationship between the woman and the man (most states abolished)
32
Q

larceny

A
  1. taking
  2. and carrying away
  3. of tangible personal property
  4. of another with possession
  5. by. trespass
  6. with intent to permanently deprive that person of her interest in the property
33
Q

embezzlement

A
  1. the fraudulent
  2. conversion
  3. of personal prop
    4, of another
  4. by a person in lawful possession of that property
34
Q

false pretenses

A
  1. obtaining title
    • if title not obtained then larceny by trick
  2. to personal property of another
  3. by an intentional false statement of a past of existing fact
  4. with intent to defraud the other
35
Q

robbery

A
  1. a taking
  2. of personal property
  3. from the other person’s presence
  4. by force or threats of immediate death or physical injury to the victim, a member of his family, or some person in the victim’s presence
  5. with intent to permanently deprive
36
Q

receipt of stolen property

A
  1. receiving possession and control
  2. of stolen personal property
  3. known to have been obtained in a manner constituting a criminal offense
  4. by another person
  5. with the intent to permanently deprive the owner of his interest
37
Q

theft

A

not a traditional common law offense but many modern statutes and the MPC consolidate larceny, embezzlement, false pretenses, and receipt of stolen goods under the single heading of theft

38
Q

burglary

A
  1. a breaking
  2. and entry
  3. of a dwelling
  4. of another
  5. at night
  6. with intent to commit a felony
39
Q

arson

A
  1. the malicious
  2. burning
  3. of the dwelling
  4. of another
40
Q

traditional defenses

A 
1. insanity 
2 intoxication
3. infancy
4. self-defense
5. duress or necessity
6. mistake of fact 
7. consent (rare)
8. entrapment (rare)
41
Q

specific intent crimes

A 
"students can always fake a laugh even for ridiculous bar facts"
solicitation
conspiracy
attempt
first degree murder
assault
larceny
embezzlement
false pretenses
robbery
burglary
forgery

Bar Exam Courses (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions