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BARRRR > Crim Law > Flashcards

Crim Law Flashcards

1
Q

When is solicitation complete?

A

When the person invites, requests, commands, hires, or encourages another to commit a particular offense with the intent that the offense be committed.

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2
Q

A jury’s conviction on a lesser charge constitutes an implied acquittal of a greater charge thus barring retrial on that greater charge.

A
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3
Q

What are the specific intent crimes?

A

FIAT

first degree murder
Inchoate offenses (conspiracy, solicitation, attempt)
Assault with intent to commit battery
Theft offenses

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4
Q

What are the four levels of culpability under the Model Penal Code

A

Purposefully
Knowingly
Recklessly
Negligently

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5
Q

What is purposely?

A

With the conscious objective to engage in the conduct or to cause the result

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6
Q

What is knowingly?

A

D aware or knows that the result is practically certain to occur

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7
Q

What’s is recklessly?

A

D acts with a conscious disregard to a substantial and unjustifiable risk

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8
Q

What is negligently?

A

D should be aware of a substantial and unjustifiable risk

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9
Q

What two defense are only available for specific intent crimes?

A

Involuntary intoxication and
Unreasonable mistake of fact

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10
Q

How can an accomplice withdrawal?

A
  1. Repudiate prior aid
  2. Do all that is possible to countermand prior assistance and
  3. To do before the chain of events is in motion and unstoppable

**diff for inchoate crimes

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11
Q

What are the four tests for insanity?

A
  1. M’Naughten Test
  2. Irresistable impulse Test
  3. Durham Rule
  4. MPC
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12
Q

What is murder?

A

The intentional killing of another living human being with malice aforethought.

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13
Q

What causation must be proven for murder?

A

Both actual and proximate cause:

Actual the V would not have died but for the D acts

Proximate, is the death foreseeable? Is it the natural and probable consequence of the D’s actions?

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14
Q

What are the four types of malice aforethought?

A
  1. Intent to kill
  2. Intent to inflict serious bodily injury
  3. Reckless indifference to an unjustifiably high risk to human life
  4. Intent to commit certain felonies (felony murder)
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15
Q

What is first degree murder?

A

Intent to kill with premeditation and deliberation.

***distinguishing element of 1st degree murder is premeditation meaning the D reflected on the idea of killing it planned the killing.
Can be brief as long as time to form conscious intent and consider the killing

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16
Q

What is second degree murder?

A

Intent to inflict serious bodily harm or acting with reckless disregard to and unjustifiable highly right to human life (depraved heart).

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17
Q

Note felony murder can apply with a felony, attempt to commit a felony or flight from a felony.

A
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18
Q

How do you prove attempt?

A

D intended to commit the crime and
D’s acts went beyond mere preparation.

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19
Q

Cannot use duress in intentional homicide

A
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20
Q

When can a person raise the 4th amendment?

A

When he has an expectation of privacy in the thing searched or seized.

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21
Q

What are some warrant exceptions?

A

Exigent circumstances
Search incident to arrest
Consent
Automobile exception
Plain view
Inventory searches
Special needs
Terry stops/frisk

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22
Q

What are the elements of a criminal offense?

A

Mens rea
Actus Reid
Causation

***except strict liability, they have no mens rea

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23
Q

What is included in the actus reus?

A

Voluntary acts and failures to act when you have a duty to act.

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24
Q

What is included in the inchoate crimes?

A

CAS

Conspiracy
Attempt
Solicitation

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25
Q

What are some theft offenses?

A

Larceny
Larceny by trick
False pretenses
Embezzlement
Forgery
Burglary
Robbery

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26
Q

What is transferred intent?

A

When the D acts with the intent to cause harm to one person or object but that results in harm to another person or object, the D can be liable for the harm to the new person/thing

Tip: Usually homicide, arson or battery

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27
Q

What is causation under criminal law?

A

The mens rea must generally cause the actus reus and the act must cause a result that is unlawful

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28
Q

When is mistake of fact a valid defense?

A

Must be an honest mistake.

Specific intent crimes ok even if unreasonable.
General intent and malice crimes it must be reasonable.

NEVER allowed for strict liability crimes because duhh no mens rea

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29
Q

When does someone have accomplice liability?

A

When they have the mens rea, they aid or abet a poncipal prior to or during the commission of a crime.

**responsible of the crime to the same extent as the principal

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30
Q

What is an accessory after the fact?

A

Person who aids or assist a felon in avoiding apprehension or conviction after the commission of a felony.

MUST
1- know a felony was committed
2- act specifically to aid or assist the felon and
3- five aid or assistance for the purpose of helping the felony avoid apprehension or conviction

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31
Q

What are the four tests for insanity?

A

McNaughten
Irresistable Impulse
Durham Rule and
MPC

32
Q

What is required under the McNaughten Test for insanity? MOST TESTED

A

Not guilty if because of a defect of reason due to mental disease the D did not know either
1- the nature and quality of the crime or
2- the wrongfulness of the act

33
Q

What is the Irresistable impulse test for insanity?

A

Not guilt if the D lacked the capacity for self control and free choice because of a mental disease or defect preventing him from conforming his conduct to the law.

34
Q

What is the Durham Rule for mental insanity?

A

The D is not guilty if the unlawful act was a product of the D mental disease or defect and would not have been committed but for the disease or defect

35
Q

What is the MPC test for insanity?

A

Not guilty if the at the time of the conduct, the D did not have the capacity to appreciate the wrongfulness of the act or the conform his conduct to the law

This is McNaughten + Irresistable Impulse

36
Q

When can and can’t you use the defense of voluntary intoxication?

A

Specific intent crimes (argue is prevents you from forming the required intent)

NOT
Malice
Reckless
Negligence or
Strict liability

37
Q

What is homicide?

A

The killing of another human being. This includes murder and manslaughter.

38
Q

What is murder?

A

The unlawful killing of another human being with malice aforethought.

39
Q

What must be show under causation for murder?

A

The D cause the V death both actual and proximate.

Actual: V wouldn’t have died BUT FOR the D act

Proximate: death is a foreseeable result of the act.

40
Q

What is proximate cause in homicide cases?

A

Homicide must be the natural and probable result of the D actions

41
Q

V death from multiple D’s

A

Substantial factor: actual cause of D was a substantial factory in causing the death

Independent Cause: D not the actual cause if the V was killed by an independent cause before the D’s act can kill the V

Take the V as you find them (or existing conditions)

42
Q

What is the year and a day rule for homicide?

A

D’s act is not the proximate cause of the killing of the V dies more than one year and one day after the act was performed.

43
Q

Under malice aforethought and the subcategory of intent to commit certain felonies what does this include?

A

This is a killing during the commission or attempted commission of an inherently dangerous felony (BARRK)

Burglary
Arson
Rape
Robbery
Kidnapping

44
Q

What are defenses yo felony murder?

A

Felony distinct from killing
Death not forseeable
Death after the felony
Any defense to underlying felony

45
Q

What happens if a PO accidentally kills a bystander as a result of trying to apprehend a felon?

A

Agency theory: felon not liable
Proximate Cause theory: death attaches to felon because the death is a direct consequence of the felony

46
Q

Who is liable for the death of a co-felon by a PO?

A

D not liable if a V or PO is acting in self defense or trying to prevent the escape of the D or co felon and kills a co felon.

Justifiable Homicide

47
Q

What is voluntary manslaughter?

A

Homicide committed with malice aforethought.

PROVOKED!!!

Heat of passion: inflames the passion of a reasonable person cause them to out of passion rather than reason.

48
Q

What can heat of passion do for sentencing?

A

NOT A DEFENSE

Can reduce murder to involuntary manslaughter.

Cannot reduce if there was time for cooling off

49
Q

What is involuntary manslaughter?

A

Unintentional homicide committed with criminal negligence or while e engage in unlawful act.

Negligence
Reckless under MPC

50
Q

What is criminal negligence under involuntary manslaughter?

A

Grossly negligence conduct that puts another person at a significant risk of serious bodily injury or death

51
Q

What is larceny?

A

The trespassory taking and carrying away of the personal property of another with the intent to permanently deprive that person of the property.

Notes:
Can inform intent later
Carrying away can be slight movement
NO SERVICES
Taking from a thief can be larceny
Specific intent and crime is complete at the time of taking

52
Q

What is larceny by trick?

A

Larceny accomplished by fraud or deceit that results in the conversion of the property of another.

V must rely of the false representation and it causes them to give possession to the D

DO NOT GAIN TITLE (diff than false pretenses)

53
Q

What is forgery?

A

The making of a false writing with apparent legal significance with the intent to defraud.

54
Q

What is embezzlement?

A

The fraudulent conversion of the property of another by a person who is in lawful possession of the property.

55
Q

What is false pretenses?

A

Obtaining TITLE to the property of another person through the reliance of that person on a know false representation of a fact and the representation is made with the intent to defraud.

56
Q

What is robbery?

A

Larceny from the person or presence of the V by force of intimidation.

57
Q

What is extortion?

A

Unlawful taking of money by a government officer.

58
Q

What is burglary?

A

The breaking and entering in the dwelling of another at night with the specific intent to commit a felony inside.

Notes:
Breaking can be slight (opening unlocked door)
Threatening someone to open the door is also breaking

59
Q

What is arson

A

The malicious burning of the dwelling of another.

60
Q

What is the offense of receiving stolen property?

A

Receiving control of stolen property with knowledge that the property is stolen and intent to permanently deprive the owner of the property.

61
Q

What is battery?

A

The unlawful application of force to another person that causes bodily harm tot hat person or constitutes an offensive touching.

62
Q

What is assault?

A

An attempt to commit a battery or intentionally placing another in apprehension of imminent bodily harm.

63
Q

What is the offense of Maybem?

A

This is common law battery causing dismemberment or permanent disfigurement of a person.

64
Q

What is kidnapping?

A

The unlawful confinement of a person against their will coupled with either movement or hiding that person.

65
Q

What is false imprisonment?

A

The unlawful confinement of a person without consent.

66
Q

What is the doctrine of merger for offenses?

A

When an act is both a felony and a misdemeanor, the misdemeanor merged into the felony and the person is only convicted of the felony.

Modern law doesn’t follow but does use merger for solicitation and attempt.

67
Q

Solicitation and attempt merge into the completed crime.

A
68
Q

What is conspiracy?

A

An agreement between two or more persons to accomplish an unlawful purpose with the intent to commit that purpose

Majority requires the commission of an overt act in furtherance if the conspiracy

69
Q

Co-conspirators don’t need to know each-other or the details of the criminal organization as long as they agree to further a common plan or scheme.

A
70
Q

What is attempt?

A

A substantial step towards the commission of a crime coupled with the specific intent to commit the crime.

***mere preparation is NOT a substantial step

71
Q

How does abandonment work under attempt?

A

Once the substantial step is taking the D cannot abandon the attempt.

72
Q

When is deadly force as a defense ok?

A

When reasonably necessary to prevent death or serious injury.

RETREAT is never required for no deadly force

73
Q

When is self defense allowed?

A

To prevent imminent harm not just the threat to future harm.

74
Q

No deadly force to protect Fl property unless they believe the person intents to commit felony inside.

A
75
Q

What is the defense of duress in criminal law?

A

Can use if a 3rd party’s threat causes the D to reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to violate the law.

BARRRR (14 decks)

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