Crim Law Flashcards
Elements of Burglary
Breaking, Entering, Dwelling of another, at night, with intent to commit a felony.
MPC Mental States
Purposely, Knowingly or willfully, Recklessly, Negligently
MPC Mental State Knowingly
A defendant acts knowingly where he that his conduct is practically certain to bring about the circumstances required for the crime.
MPC Mental State Purposely
A person acts purposefully when their conscious objective is to engage in illegal conduct.
MPC Mental State Recklessly
A person acts with a reckless mental state when they act with a conscious disregard of a substantial and unjustifiable risk.
MPC Mental State Negligent
A person acts with a negligent mental state when they should have been aware of a substantial and unjustifiable risk.
Transferred Intent
Transferred intent occurs when a person intends to cause harm to one person but causes injury to another person or object.
Who is the Principal?
The person who committed the actus reus.
Who is an accomplice?
A person with the required mental state aids a crime before or during its commission.
They are liable for all crimes, even if not planned.
Accomplice Mental State Majority and Minority
Majority, accomplice acts with the purpose of promoting or facilitating the crime.
Requirements for Accomplice Withdraw
(1) repudiation, (2) do all that’s possible to countermand prior assistance, (3) do so before the chain of events is in motion and unstoppable.
Accessory after the fact & elements
A person who aids after the fact and (1) knows a felony was committed, (2) acts specifically to aid or assist the felon, and (3) gives the aide or assistance for the purpose of helping avoid apprehension of conviction.
They are liable only for the statutory crime of aiding and abetting.
Failure to report a crime
Generally not a crime, however giving false information in order to prevent the discovery of a felony can be an accessory.
Insanity M’Naghten Test
This is the Rule in California
Not guilty if, because of a defect of reason due to a mental disease, the defendant did not know either (1) the nature and quality of the act or (2) the wrongness of the act.
Insanity Irresistible-Impulse Test
The defendant is not guilty if he lacks the capacity for self-control and free choice because of a mental disease or defect that prevented him from being able to conform his conduct to the law.
Insanity Durham Rule
No guilty if the unlawful act was the product of the defendant’s mental disease. “but for”
MPC Insanity
Not guilty if, as a result of a mental disease, could either (1) not appreciate the wrongness of the act or (2) could not conform actions to the law.
The burden of Proof in Insanity
Majority rule, the defendant. California follows the majority.
Elements of Murder (Generally)
(1) Unlawful
(2) Killing
(3) of a person
(4) with malice aforethought
Four Types of Murder
(1) Intent to Kill
(2) Depraved Heart
(3) Felony Murder
(4) Intent to inflict GBI
Malice Aforethought
The mental state required to be charged with murder. Can be express or implied and includes:
(1) intent to kill, intent to inflict GBI, Reckless indifference to an unjustifiably high risk to human life, intent to commit Felony for Felony Murder.
Elements Intent to Kill Murder
(1) Unlawful
(2) Killing
(3) of a person
(4) with specific intent
Elements of Depraved Heart Murder
(1) Unlawful
(2) Killing
(3) of a person
(4) with reckless indifference to an unjustifiably high risk to human life.
Felony Murder Rule
(1) Unlawful
(2) Killing
(3) of a person
(4) in the commission of a specific felony BARRK; Burglary, Arson, Robbery, Rape Kidnapping
Felony Murder Theories
Agency Theory (Majority) Guilty for deaths caused by co-felon (who is the agent)
Proximate Cause, guilty if the death was caused as a consequence of the felony.
Elements Voluntary Manslaughter
(1) Homicide
(2) with malice
(3) with mitigation: (a) heat of passion, (b) justifiable provocation, (c) without sufficient cooling off.
Elements of Involuntary Manslaughter
(1) Homicide
(2) unintentional
(3) with criminal negligence (MPC recklessness); a Malum in Se act (wrong act) (common law)
Criminal Negligence
Grossly negligent conduct that puts another person at significant risk of serious bodily injury. MPC Recklessness
Elements of Larceny
(1) Trespassory
(2) Taking and
(3) Carrying away
(4) the property of another
(5) with intent to permanently deprive
Elements Larceny by Trick
(1) Larceny
(2) accomplished by fraud or deceit
(3) That results in the conversion of property
Elements of Forgery
(1) Making
(2) a false writing
(3) with apparent legal significance
(4) with the intent to defraud
Elements of Embezzlement
(1) Fraudulent
(2) Conversion
(3) of property
(4) of another
(5) by a person who was in lawful possession of the property
Elements of Robbery
(1) Larceny
(2) From the person or presence of the victim
(3) By force or intimidation
Elements of Burglary
(1) Breaking and
(2) Entering
(3) of a dwelling
(4) of another
(5) at night
(6) with the intent to commit theft or any felony
Elements of Arson
(1) Malicious
(2) Burning
(3) of the dwelling
(4) of another
Criminal Battery
(1) Unlawful
(2) Applied Force to another
(3) that causes harm to that person or constitutes offensive touching
Elements of Criminal Assault
(1) Attempted Battery or,
(2) Internationally placing another in the apprehension of bodily harm.
Elements of Kidnapping
(1) Unlawful
(2) Confinement of a person
(3) Against that person’s will
(4) Coupled with (a) movement or (b) hiding the person
Elements of Criminal False Imprisonment
(1) Unlawful
(2) Confinement of a person (no reasonable escape route)
(3) without consent
Elements of Rape
(1) Unlawful
(2) Sexual intercourse
(3) with a female
(4) Against her will by force or threat of immediate force
Solicitation
(1) Enticing, encouraging, requesting, or commanding another person
(2) to commit a crime
(3) with the intent that the person commits the crime
Conspiracy
(1) An agreement
(2) Between two or more persons (common law cops don’t count)
(3) To accomplish an unlawful purpose
(4) with the intent to accomplish the purpose
(5) An overt act in furtherance (MPC and Majority)
Attempt
(1) the specific intent to commit the crime
(2) A substantial step towards the commission of a crime. (substantial step must affect the commission, mere preparation is not enough).
Mistake of Fact
A reasonable mistake of fact can be a defense. An unreasonable mistake of fact will only negate specific intent.
Defenses
(1) Self Defense
(2) Defense of Others
(3) Defense of Property
(4) Arrest–Making
(5) Prevent Crime
(6) Parental Authority
(7) Duress
(8) Necessity
(9) Consent
(10) Entrapment
(11) Alibi
What are the felony murder crimes?
Burglary, Arson, Rape, Robbery, Kidnapping
What are the elements of entrapment?
(1) crime induced by a government agent, (2) the suspect was not predisposed to commit the crime
What is first degree murder?
First-degree murder is a statutorily created crime. A murder is a first-degree murder where it is premeditated, meaning the suspect (1) intended to kill, and (2) had an opportunity of cool reflection on the murder, even if brief
What is required to withdraw from a conspiracy?
Prior to an overt act, the defendant may communicate the withdrawal to coconspirators or police.
After overt act, cannot withdraw. Minority view can withdraw by thwarting conspiracy.
What is required for a Breaking in a burglary?
Use of force, however slight, including opening an unlocked door or window.
