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Criminal Law/Procedure > Crim Law > Flashcards

Crim Law Flashcards

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1
Q

Merger

A

Solicitation and Attempt merge with the completed crime

Conspiracy does not merge

Under the MPC, a D may not be convicted of more than one inchoate crime, when their conduct was designed to culminate in the commission of the same offense. E.g., Cannot be charged with both solicitation and conspiracy –> solicitation merges into crime of conspiracy

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2
Q

Elements of a Crime

A
  1. Physical act (actus reus) - body movement of own volition
  2. Mental state (mens rea)
  3. Concurrence of act and mental state - intent necessary for crime at the time they committed the act, and intent must have prompted the act
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3
Q

When an Omission is an “Act”

A

Legal duty to act, D had knowledge of facts giving rise to legal duty, reasonably possible to perform duty

Legal duty to act arises:

  1. Statute
  2. Contract (e.g., lifeguard on duty)
  3. Relationship
  4. Voluntary assumption of care
  5. D created the peril for the victim
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4
Q

Specific Intent Crimes

A

“Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts”

  • Solicitation - intent to have the person solicited commit the crime
  • Conspiracy - intent to have the crime completed
  • Attempt - intent to complete the crime
  • First degree premeditated Murder - premeditated intent to kill
  • Assault (specific intent to create apprehension of fear, or intent to commit a battery)
  • Larceny - intent to permanently deprive the other of their interest in the property taken
  • Embezzlement - intent to defraud
  • False Pretenses - intent to defraud
  • Robbery - intent to permanently deprive the other of their interest in the property taken
  • Burglary - intent to commit a felony in the dwelling
  • Forgery - intent to defraud
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5
Q

Defenses available ONLY for specific intent crimes

A
  1. Voluntary intoxication

2. Unreasonable mistake of fact

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6
Q

Malice Crimes

A

Common Law Murder and Arson

Intent necessary: reckless disregard of obvious or high risk that the particular harmful result will occur

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7
Q

General Intent

A

D has an awareness of all factors constituting the crime - aware that they are acting in the proscribed way and that any required attendant circumstances exist.

Ex. Battery, Rape, Kidnapping, False Imprisonment

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8
Q

Strict Liability Offenses

A

Does not require awareness of all factors constituting a crime. Can be found guilty from the mere fact that they committed the act.

Defenses that negate state of mind are not available

Ex. selling liquor to minors, statutory rape

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9
Q

MPC Fault Standards

A

Purposefully, Knowingly, Recklessly, Negligence

Purposefully - persons acts when their conscious object is to engage in certain conduct or cause a certain result

Knowingly - knowingly with respect to the nature of their conduct when they are aware that their conduct is of a particular nature or that certain circumstances exist. Aware of a high probability that they exist and deliberately avoid learning the truth. Know that conduct will necessarily or very likely cause a particular result

Recklessly - consciously disregard a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a gross deviation form the standard of care that a reasonable person would exercise in that situation

Negligence - fail to be aware of a substantial and unjustifiable risk, a substantial deviation from standard of care. D must have taken a very unreasonable risk

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10
Q

Transferred Intent

A

When D intends the harm that is caused, but to a different victim or object.

Does not apply to attempt

Applies to homicide, battery, and arson

Usually found guilty of two crimes: completed crime against victim and attempt against intended victim

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11
Q

Causation

A

When specified, requites both cause-in-fact and proximate cause

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12
Q

Parties to a Crime

A

Principal - one who engaged in act or omission
Accomplice - aids, advises, or encourages the principal; includes accessory before the fact (assisted or encouraged but were not present)
Accessory fact the fact - treated separately, liable for less serious separate crime

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13
Q

Intent for Accomplices

A
  1. Intent to assist the principal in commission of a crime, AND
  2. Intent that principal commit substantive offense

Mere knowledge that a crime will result is not enough for liability (e.g., gas station attendant knowingly selling gasoline to an arsonist).

A conviction for accomplice liability requires not only proof that an accomplice aided a principal’s crime but also proof that the accomplice acted with a culpable mental state.

Where one had no prior knowledge of the defendant’s crime and no intent to help the defendant commit that crime, they may not properly be convicted.

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14
Q

Accomplice Scope of Liability

A

Responsible for crimes they did or counseled AND for other crimes committed in the course of the crime contemplated to the same extent as the principal, so long as other crimes were probable or foreseeable

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15
Q

Accomplice Withdrawal

A

Effective withdrawal cannot be held guilty as accomplice. Withdrawal must occur before crime becomes unstoppable.

If encouraged, must repudiate encouragement
If aided, attempt to neutralize assistance

Notice to police or taking other action is sufficient. Withdrawal from involvement without additional action is NOT sufficient

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16
Q

Conspiracy Elements

A
  1. Agreement between two or more persons,
  2. Intent to enter into the agreement, and
  3. Intent by at least two persons to achieve the objective of the agreement

Requires overt act in furtherance of conspiracy, but any little act, even an act of mere preparation can satisfy this

If members of a conspiracy agree to commit an act that violates a statute designed to protect persons within a given class, a person within that class not only cannot be guilty of the crime itself, as discussed above, but also cannot be guilty of a conspiracy to commit the crime.

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17
Q

Termination of Conspiracy

A

Terminates upon completion of wrongful objective.

Acts and statements of co-conspirators are only admissible against coconspirator if done or made in furtherance of conspiracy

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18
Q

Liability for Co-Conspirator’s Crimes

A

A conspirator may be held liable for crimes committed by other conspirators if the crimes

  1. were committed in furtherance of the objectives of the conspiracy
  2. were foreseeable
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19
Q

Conspiracy Withdrawal

A

Generally not a defense. Can withdraw from liability for other conspirators’ subsequent crimes, but not from conspiracy itself.

Must perform affirmative act that gives notice to all members of the conspiracy

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20
Q

Solicitation

A

Asking, inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime.

Not necessary that the person agrees to commit the crime.

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21
Q

Attempt Elements

A

Act done with intent to commit a crime that falls short of completing the crime.

  1. Specific Intent
  2. An overt act in furtherance of the crime - beyond mere preparation (distinguish from conspiracy)

No attempts for crimes that require negligence or recklessness

To be guilty of attempt, the defendant must have the intent to perform an act and obtain a result that, if achieved, would constitute a crime. Regardless of the intent that would suffice for the completed offense, attempt always requires a specific intent to commit the target offense.

Ex. to be guilty of attempted murder, one must have the specific intent to kill, even though the intent to inflict great bodily injury would be sufficient mens rea for murder. If the facts indicate that one intended at most only to injure someone, rather than kill him, they cannot be guilty of attempted murder.

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22
Q

Attempt Defenses

A
  1. Abandonment when fully voluntary and complete under MPC, not a defense at common law
  2. Legal impossibility is a defense
  3. Factual impossibility is NOT a defense
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23
Q

Common Law Murder

A

Unlawful killing of a human being with malice aforethought.

State of mind:

  • Intent to kill
  • Intent to inflict great bodily injury (2nd degree murder)
  • Reckless indifference to an unjustifiably high risk to human life (2nd degree murder)
  • Intent to commit a felony (felony murder) (1st degree murder in common law and most jdx)
24
Q

First Degree Murder

A
  • Deliberate and premeditated. D made decision in a cool and dispassionate manner and reflected on the idea of killing, even if only briefly
  • Intent or knowledge that conduct would cause death

*some states find that a felony murder is 1st degree and some statutes say that the killing of some victims (e.g., police officers) is 1st degree

25
Q

Second Degree Murder

A

Depraved Heart Killing - reckless indifference to an unjustifiably high risk to human life

26
Q

Felony Murder

A

Death, even accidental death, caused in the commission of, or in attempt to commit, a felony. Malice implied by intent to commit felony.

Felonies: BARRK: Burglary, arson, rape, robbery, kidnapping

For felony murder liability, the underlying felony must be independent of the killing. If the felony is what caused the victim’s death, it cannot be the basis for felony murder.

Defenses: While duress is not a defense to murder, it is a defense to the underlying felony, and thus is a defense to the felony murder charge. A defense that negates an element of the underlying offense will also be a defense to felony murder

27
Q

Limits on Felony Murder

A
  1. D must have committed or attempted to commit felony
  2. Felony must be distinct from killing (e.g., aggravated battery that causes death is not underlying felony)
  3. Death must be a foreseeable result of the felony
  4. Death caused before D’s “immediate flight” from felony

In most places, D is not liable for felony murder when co-felon is killed as a result of resistance from felony victim or police

Minority view - proximate cause theory - felons are liable for the deaths of innocent victims caused by someone other than co-felon
Majority view - agency theory - killing must be committed by felon or their agent, except in cases where victim was used as a shileld or otherwise forced by felon to occupy dangerous place

28
Q

Voluntary Manslaughter Elements

A

Killing that would be murder but for the existence of adequate provocation

  1. Provocation would arouse sudden and intense passion in the mind of an ordinary person, causing them to lose self-control
  2. D was in fact provoked
  3. Not sufficient time between provocation and killing for a reasonable person to cool, and
  4. D in fact did not cool off before killing

**If provocation would not cause an ordinary person to lose self control, its second degree murder

29
Q

Imperfect Self-Defense

A

Doctrine that some states have that reduces murder to manslaughter when though 1) D was at fault in stating the altercation, or 2) D unreasonably but honestly believed in the necessity of responding with deadly force

30
Q

Involuntary Manslaughter Elements

A
  1. Committed with criminal negligence (or recklessness under MPC), or
  2. in some states, committed during the commission of an unlawful act
31
Q

Year and a Day rule

A

For a D to be liable for homicide, death of victim must occur within one year and one day of infliction of injury or wound.

largely abandoned.

32
Q

Battery Elements

A

Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.

Does not have to be injurious

Can, but does not have to be, intentional, and the force does not have to be applied directly (e.g., causing dog to attack victim)

33
Q

Aggravated Battery Elements

A
  1. Battery with a deadly weapon
  2. Battery resulting in serious bodily harm
  3. Battery of a child, woman, or police officer
34
Q

Assault Elements

A

Either

  1. attempt to commit a battery, or
  2. The intentional creation - other than by mere words - of a reasonable apprehension in the mind of the victim of imminent bodily harm.

No touching!

E.g., knowing that it is impossible to hit someone negates specific intent to commit a battery, thus, no specific intent required for assault under type 1

35
Q

Aggravated Assault

A

Assault +

  1. use of a deadly or dangerous weapon, or
  2. with intent to rape, maim, or murder
36
Q

False Imprisonment Elements

A
  1. Unlawful confinement
  2. Of a person without the persons’ valid consent

MPC requires that confinement “interfere substantially” with victim’s liberty

37
Q

Kidnapping Elements

A

Unlawful confinement that involves either

  1. Some movement of the victim
  2. Concealment of the victim in a “secret” place
38
Q

Larceny Elements

A
  1. A taking (obtaining control)
  2. Any carrying away (asportation) - even slightest movement counts (e.g., placing valuables in a sack and starting to leave, but getting caught leaving)
  3. Of tangible personal property
  4. Of another with possession - D cannot have possession (distinguish from custody, where D was given limited authority over property)
  5. By trespass (without consent or by consent induced by fraud)
  6. With intent to permanently deprive that person of their interest in the property
39
Q

Embezzlement Elements

A
  1. Fraudulent
  2. Conversion (misappropriating property)
  3. Of personal property
  4. Of another
  5. By a person in lawful possession of that property (property in D’s lawful rightful possession)

Intent - intends to restore similar or substantially identical property is embezzlement, intent to restore exact same property is not. Money that was taken and other money of identical value is still different enough

Intent to defraud

40
Q

False Pretenses Elements

A
  1. Obtaining title
  2. To personal property of another
  3. By an intentional false statement of a past or existing fact
  4. With intent to defraud the other

Victim must actually be deceived by or act in reliance on the misrepresentation

Distinguish from larceny by trick: False pretenses is about title to property, larceny by trick is about custody or possession of property

41
Q

Robbery Elements

A
  1. A taking
  2. Of personal property of another
  3. From the other’s person or presence (anywhere in their vicinity)
  4. By force or threats of immediate/imminent death or physical injury to victim, victim’s family, or someone in victim’s presence
  5. With intent to permanently deprive them of it
42
Q

Extortion

A

Corrupt collection of unlawful fee by an officer under the color of office.

Obtaining property by means of threats to do harm or to expose information

Distinguish robbery: can be threats of future harm and taking does not have to be in presence of victim

43
Q

Forgery Elements

A

Making or altering of a false writing with intent to defraud

  1. Making or altering
  2. A writing with apparent legal significance
  3. So that it is false
  4. With intent to defraud
44
Q

Burglary Elements

A
  1. A breaking (actual (does not include open windows or where D had consent), or constructive (fraud or threat))
  2. An entry
  3. Of a dwelling (undone in modern JDX)
  4. Of another
  5. At nighttime (undone in modern JDX)
  6. With the intent to commit a felony in the structure (intent to commit felony must exist at the time of breaking and entering, felony need not be carried out to find this element)

Note on breaking: opening an unlocked door is still breaking

45
Q

Arson Elements

A
  1. Malicious (intentional or with reckless disregard of an obvious risk)
  2. Burning (blackening or scorching is not sufficient, but charring is sufficient)
  3. Of the dwelling (includes other property now)
  4. Of another
46
Q

Insanity Defense

A

MPC - D is acquitted if they had a mental disease or defect and as a result lacked substantial capacity to either (combination of M’Naghten and Irresistible impulse)

  1. appreciate the criminality of their conduct, or
  2. conform their conduct to the requirements of law

M’Naghten Rule - D entitled to acquittal if 1. disease of mind, 2. caused a defect of reason, 3. such that D lacked ability to either know wrongfulness of actions or understand nature and quality of their actions

Irresistible Impulse / Self-Control Test - D acquitted only if because of mental illness they were unable to control actions or conform their conduct to law

Durham/NH - D acquitted if crime was product of mental illness (broad)

47
Q

Self-Defense: Nondeadly Force

A

A person without fault may use such force as the person reasonably believes is necessary to protect themself from the imminent use of unlawful force upon themself.

No duty to retreat

48
Q

Self-Defense: Deadly Force

A

A person may use deadly force if:

  1. Without fault
  2. Is confronted with “unlawful force” AND
  3. reasonably believes that they are threatened with imminent death or great bodily harm

Generally no duty to retreat

Minority view: requires retreat if victim safely can unless 1. attack in victim’s home, 2. attack occurs when victim is making a lawful arrest, or 3. assailment is robbing victim

49
Q

Aggressor Using Self-Defense

A

Only allowed if:

  1. Effectively withdrew from the confrontation and communicate their desire to do so, OR
  2. victim of initial aggression suddenly escalates minor fight into a deadly altercation and gives no opportunity for withdraw
50
Q

Defense of Others

A

If they reasonably believe that the person assisted has the legal right to use force in their own defense.

Reasonable appearance of right to use force

51
Q

Defense of a Dwelling

A

May use nondeadly force when, and to the extent that, one reasonably believes conduct is necessary to prevent or terminate another’s unlawful entry into or attack upon their swelling.

Deadly force only to prevent a violent entry and when the person reasonably believes that the use of force is necessary to prevent a personal attack on themselves or another in the swelling, or to prevent an entry to commit a felony in dwelling

52
Q

Defense of Other Property

A

Deadly force may never be used in defense of property

53
Q

Defense of Duress

A

Duress is not a defense to intentional homicide. But, while duress is not a defense to murder, it is a defense to the underlying felony, and thus is a defense to the felony murder charge.

54
Q

Murder Causation

A

D’s conduct must be both the cause in fact and proximate cause of victim’s death

55
Q

Involuntary Intoxication

A

Taking of intoxicating substance without knowledge of its nature, under direct duress imposed by another or pursuant to medical advice while unaware of the substance’s intoxicating effect

Can be a defense to all crimes

56
Q

Necessity Defense

A

Defense to a crime that the person reasonably believed that commission of crime was necessary to avoid an imminent and greater injury to society than involved in the crime.

Objective test

Criminal Law/Procedure (3 decks)

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