Brainscape's Knowledge GenomeTM

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


See full index

BAR Prep > Crim Law > Flashcards

Crim Law Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

A state has jurisdiction over a crime if

A

-an act/element of offense was committed there
-an act outside the state caused a result inside the state

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

These crimes merge into superseding offense

A

Solicitation and Attempt
(Conspiracy does NOT)

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

Elements of a crime

A

Mens rea, Actus reus, concurrence of M/A

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

For the Actus Reus, to qualify as a physical act, it must be ___ and not ___

A

a voluntary bodily movement

an involuntary movement (reflex, convulsion, sleep walking, etc)

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

Failure to act can make one liable if

A

-They had a duty
-The knew of the facts giving rise to the duty
-It was reasonable to perfom

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

A legal duty to act arises from five circumstances

A

-Statute
-Contract
-Relationship
-Voluntary assumption of care
-Def created the peril

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Specific intent crimes are:

A

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

Solicitation
Conspiracy
Attempt
First Deg Murd
Assault
Larceny
Embezzlement
False pretenses
Robbery
Burglary
Forgery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Malice crimes at common law are

A

Murder and arson

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

The intent for common law malice crimes is

A

reckless disregard of an obvious high risk that a particular harmful result will occur

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

The intent for common law malice crimes is

A

reckless disregard of an obvious high risk that a particular harmful result will occur

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

Defenses ONLY available to specific intent crimes are:

A

-Unreasonable mistake of fact
-Voluntary intoxication

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

General intent crimes are

A

Battery, Rape, Kidnapping, False Imprisonment

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

Intent under the MPC is

A

-Purpose - result was conscious object
-Knowledge - knowing that their conduct will necessarily cause a particular result
-Recklessly - conscious disregard of substantial and unjustifiable risk
-Negligence - fail to be aware of a substantial and unjustifiable risk

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

Objective/Subjective test for MPC intent

A

Purpose - subjective
Knowledge - subjective
Recklessness - subjective and objective
Negligence - objective

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

Mens Rea for Common Law crimes

A

Specific intent
General intent
Malice
Strict liability
(all subjective except strict)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Transferred intent is

A

Intent to cause harm and resulting harm caused to a different victim or object.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Common law parties to a crime are:

A

-Principal 1st deg - actually acted
-Principal 2nd deg - aided, advised, encouraged
-Accessories before the fact - assisted or encouraged but not present
-Accessories after the fact - assisted in escape

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

At common law, a precondition for conviction of an accessory is

A

Conviction of the principal (most jurisdictions have abandoned this)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Under modern statutes, parties to a crime are

A

Principal - requisite mental state, actual act
Accomplice - aids, advises, encourages
Accessory after the fact - aids in escape

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Under modern statutes, an accomplice is liable for ___ and all ____ if ___

A

Principal crime intended and any crimes committed in the course if they were foreseeable

They intended to assist and intended for the principal to commit the principal crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

For withdrawal of principals or accomplices under modern statutes to be effective, the following must be true:

A

-Must occur before crime becomes unstoppable

AND the following tilts in favor of effective withdrawal
-repudiate any encouragement
-attempt to neutralize assistance
-Notify the police

Mere absence is insuff to be withdrawal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Conspiracy elements under common law are

A

-Agreement between people
-Intent to enter that agreement
-Intent by of people to achieve objective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Conspiracy elements under MPC are

A

-Agreement between people
-Intent to enter that agreement
-Intent to achieve objective
-An overt act (mere prep is sufficient)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Difference between Unilateral and Bilateral approach for conspiracy

A

Bilateral (Traditional Rule) = all parties to conspiracy had to have guilty minds
Unilateral (Modern rule) = only one party must have a guilty mind

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

When does conspiracy end

A

At completion of the wrongful objective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Coconspirators can be liable for crimes committed by other conspirators if

A

In furtherance of the objectives of the conspiracy AND foreseeable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Withdrawal from the conspiracy is generally not a defense to ____ but is a defense to ____

A

The conspiracy itself (complete at agreement [CL] + act [Mod])

Crimes committed in futherance of the conspiracy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Withdrawal from conspiracy requires

A

Required:
-An affirmative act notifying all members of withdrawal
-With enough time to abandon

Helpful:
-neutralize any assistance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Elements of solicitation

A

-Asking, inciting, advising, urging another to commit a crime
-With intent that they commit that crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Factual impossibility is ___ a defense for ____

A

NOT

Conspiracy, Solicitation, or Attempt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Attempt elements are

A

-Specific intent to commit the crime
-Act in furtherance (beyond mere prep // prox test + substantial step test)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

For attempt, an act in furtherance must be

A

Beyond mere preparation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Attempt tests for an act in furtherance

A

-Most courts hold that the Def must take a “substantial step” toward commission
-Traditional courts looked to the “proximity test,” requiring the person be dangerously close to the completion of the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Abandonment of attempt under common law is not a

A

defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Abandonment of attempt under MPC

A

is a defense if
-Fully voluntary (not merely due to hardship)
-Complete (not putting it off)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Legal impossibility is

A

Where no crime would have been committed even if Def had completed their intended actions

It is a defense to Attempt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Common law murder is

A

the unlawful killing with malice aforethought

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Malice aforethought exists if no mitigating circumstances and a killing was committed with any of the following:

A

-Intent to kill
-Intent to inflict great bodily harm
-Reckless indifference to an unjustifiably high risk to human life (depraved heart)
-Intent to commit a felony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Statutorily defined types of murder

A

1st Degree
2nd Degree
Voluntary manslaughter
Involuntary manslaughter

40
Q

1st Degree murder is

A

A killing that is Deliberate (cool/dispassionate) and Premeditated (reflected on)

41
Q

1st Degree murder is

A

A killing that is:
-Deliberate - cooly and dispassionately decided to act
-Premeditated - after considering for even a second

42
Q

1st Degree Felony Murder

A

killing committed during an enumerated or inherently dangerous felony

43
Q

2nd Degree Murder

A

Killing with a depraved heart (reckless indiff to sub unjustifiable risk)

44
Q

2nd Degree Felony Murder

A

Any death caused in commission/attempt of a felony so long as
-Murder distinct from felony itself
-Death was foreseeable
-Death caused before felony ended (def reaches place of safety)

45
Q

The proximate cause theory for felony murder states

A

A felon is liable for deaths of innocent victims caused by someone other than a co-felon

46
Q

The agency theory for felony murder states

A

A felon is liable only if death is caused by a felon or their accomplice, unless they used the victim as a shield or otherwise caused danger

47
Q

Voluntary manslaughter is

A

Killing that would be murder, but for adequate provocation

48
Q

Provocation is adequate to mitigate murder to VolMans if

A

-Defs acts would cause a sudden and intense passion to an ordinary person
-That actually provoked the defendant
-Who did not have sufficient time to cool
-and did not cool

49
Q

Imperfect self defense may mitigate murder to Voluntary Manslaughter if

A

-Even though Def initiated the altercation
OR
-Def unreasonably but honestly believed deadly force was necessary

50
Q

Involuntary manslaugher is a killing committed

A

-With criminal negligence (recklessness under MPC)
-In some states, during the commission of an unlawful act if foreseeable (misdemeanor or felony not included in felony murder rule)

51
Q

Depraved heart is different from Involuntary Manslaughter because

A

DH requires a high risk of death
InvolMans requires a substantial risk

52
Q

To be any type of murder, the Def’s actions must be the

A

Cause in fact (but for)
AND
Proximate cause (natural/probable cause)

53
Q

A Def is still liable for murder even if their act is not the sole cause if it

A

Hastens an inevitable result
OR
Is one of multiple acts that could have independently caused the death

54
Q

Elements of battery are

A

Unlawful application of force
To person of another
Amounting to harmful OR offensive touching

Battery does not need to be intentional

55
Q

Aggravated battery is

A

Battery with a deadly weapon
Battery resulting in serious bodily harm
Battery of a child, woman, or police officer

56
Q

Assault is either

A

-Attempt to commit a battery (must have intent to commit battery)
OR
-Intentional creation of reasonable apprehension of imminent bodily harm (mere words are not enough)

57
Q

Aggravated assault is

A

Assault plus
-Use of a deadly weapon
OR
-intent to rape, maim, or murder

58
Q

False imprisonment elements

A

Unlawful confinement or restraint
To a bounded area (no reasonable means of escape known to plaintiff)

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

59
Q

Kidnapping is

A

unlawful confinement AND
movement OR concealment

60
Q

Rape or sexual assault is

A

Intercourse without consent which can be accomplished by
-actual force
-threat
-incapacity
-fraud

61
Q

Under Traditional Rule and MPC a ___ cannot rape ____, but modern laws ____

A

Husband can’t rape his wife

Reject this rule

62
Q

Larceny elements are

A

-Taking and
-Carrying away of
-Tangible personal property of another
-Without consent
-With intent to deprive permanently

63
Q

Larceny can occur where you own the property but

A

The property has been entrusted to another (a bailee)

64
Q

Larceny can occur with the following types of property that are separated from their owner

A

Lost or mislaid property, but NOT abandoned property

65
Q

Larceny can occur through “Continuing Trespass” if

A

OG taking occurs w/o intent to deprive permanently, but later the intent to deprive develops

However, if the OG taking was not wrongful, it is not larceny

66
Q

A person cannot be guilty of larceny if

A

-They believe they own the property
-They only intend to borrow the property
-They are taking the property as repayment of a debt

67
Q

Elements of embezzlement are:

A

-Fraudulent
-Conversion of
-Another’s property
-While in lawful possession of that property

68
Q

Embezzlement requires specific intent which is negated by

A

-An intent to restore the EXACT property (not similar/identical property)
-Belief that the individual has a claim of right to the property

69
Q

False pretenses elements

A

-Obtaining title to
-Personal property of another
-By intentional false statement of past or existing fact (or future, under MPC)
-Which actually deceives individual
-With intent to defraud

70
Q

Larceny by trick is

A

Possession or custody obtained by a misrepresentation of fact (does not confer title)

71
Q

Robbery consists of:

A

-The taking of
-Personal property of another
-From their person or presence
-By force or threat of force
-With intent to deprive permanently

72
Q

Burglary is

A

-Breaking and entering
-Into a dwelling (CL) or other building (MS) of another
-With intent to commit a felony (CL) or misdemeanor (MS) therein
-(CL only) at night

73
Q

Breaking for burglary purposes can be

A

Actual - physically opening in any way (but going through an open door is not breaking)

Constructive - breaking by fraud or threat

74
Q

Intent of burglary requires

A

an intent to commit a felony at the time of the breaking and entering

75
Q

Arson elements

A

-Malicious (intentional/reckless disregard of obvious risk)
-Burning
-Of dwelling (CL) or other property (MS)
-Of another

76
Q

The M’Naghten Rule (Right/Wrong Test) for insanity states that a Def is entitled to acquittal if:

A

-A disease of the mind
-Caused a defect
-Such that Def did not know the wrongfulness of their actions OR understand the nature and quality of their actions

77
Q

The Irresistible Impulse test states acquittal is warranted if

A

-A mental illness caused Def to be
-Unable to control their actions/conform to the law

78
Q

The Durham (or New Hampshire or Product) test for insanity states a Def should be acquitted if:

A

The crime was a product of their mental illness (broader than M’Naghten or Irresistible Impulse)

79
Q

ALI or MPC Test provides for acquittal if

A

Mental disease or defect caused Def to lack substantial capacity to either:
-Appreciate the criminality of their conduct
OR
-Conform to the law

80
Q

For insanity, Defendants are presumed ____ and must ___ the issue. Once raised, they must prove insanity by _____.

A

Sane
Raise
Preponderance of the Evidence

81
Q

Involuntary intoxication results from

A

-Taking of intoxicating substance
-Without knowledge of its nature
OR
-Under direct duress
OR
-Per medical advice

82
Q

Nondeadly force is an adequate defense if

A

The person believes such force is necessary to protect from imminent unlawful force

83
Q

Deadly force is a complete defense if

A

-The person is without fault
-Confronted with unlawful force
-Reasonably believes imminent death or great harm is threatened

84
Q

The general rule is that retreat ___ necessary. The minority requires retreat unless:

A

Is NOT

The attack occurs:
-in victim’s home
-occurs while victim is making a lawful arrest
-during robbery of victim

85
Q

An aggressor may plead self-defense only if

A

-They withdrew and communicated the withdrawal
OR
-the victim of initial aggression suddenly escalates a minor incident into a deadly altercation and initial aggressor has no ability to withdraw

86
Q

Defense of others is allowable if

A

-The defender reasonably believes the victim has the right to use force based

87
Q

Defense of a dwelling with nondeadly force is allowed if

A

Reasonably believed necessary to prevent/end unlawful entry

88
Q

Defense of a dwelling with deadly force is allowed only

A

If necessary to prevent violent entry for purpose of attack or commission of a felony

89
Q

_____ force can be used to defend property. ____ force canNOT be used to defend property.

A

Reasonable nondeadly force

Deadly force

90
Q

A person may use force to regain possession if

A

they reasonably believe the taking was wrongful
AND
are in immediate pursuit

91
Q

Duress is a defense to any crime but _____

A

intentional homicide

92
Q

Duress occurs where the individual

A

Reasonably believes another would imminently kill or greatly harm themselves or another

93
Q

MPC and Modern statutes vary from the traditional duress in that

A

under the MPC and MS, threats to property may be sufficient if the value of the property outweighs the harm done to society.

94
Q

_____ Mistake of Fact is a defense to any state of mind other than specific intent.

_____ Mistake of Fact is a defense to specific intent crimes

A

Reasonable

Unreasonable

95
Q

Entrapment occurs if

A

-The criminal design originated with law enforcement
-The defendant was not predisposed to commit the crime

BAR Prep (14 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions