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Crim Law Flashcards

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1
Q

In a sentence define felony

A

Felony is a crime punishable by death or imprinsonment usually for more than 1 year

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2
Q

define misdeamor

A

Misdemeanor is usually a crime punishable by 1 year or less in prison– less than a felony.

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3
Q

define merger doctrine

A

Under merger doctrine, lesser offense merge into greater offenses to avoid conviction for both.

Merger applies to attempt and solicitation, but NOT CONSPIRACY.

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4
Q

4 elements of any crim offense + define them

A
  1. actus reus (voluntary physical act or ommission)
  2. mens rea (requisite mental state)
  3. concurrence (actus reus and mens rea existed at same time)
  4. causation of harmsul result (both factual + proximate)
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5
Q

define specific intent

A

Specific intent is type of mens rea where D must have intended to commit the crime they are charged with.

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6
Q

what is malice

A

Malice is reckless disregard of obvious or high risk that specic harm will result

Malice crimes include Common Law Murder and Arson.

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7
Q

general intent

A

general intent is a mens rea that requires that D only intended to act in an illegal way–doesn’t require that D intended for specific harm to result.

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8
Q

strict liability

A

Strict liability crimes have no intent element–D can be guilty only for commiting the illegal act.

Life is strict on MARS.
Morality
Admin
Reg
Statutory Rape

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9
Q

Define an “accomplice”

A

An accomplice has

the intent to assist the principal **and intent that the principal commit the crime, **

and aids, counsels, or encourages the principal before or during the crime’s commission.

If the underlying crime’s mens rea is negligence or recklessness, then most courts hold the intent is met if accomplice
intended to help the commission of the crime, and acted with negligence or recklessness (whichever required).

Note: Most courts hold that merely selling an ordinary good at ordinary price even with knowledge that it may be used for a crime in insufficient for accomplice liablity.

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10
Q

define “accessory after the fact”

A

An accesory after the fact is one who helps another to escape legal consequences knowingly they’ve committed a crime.

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11
Q

How can an accomplice effectively withdraw

A

if accomplice:

encouraged crime–> must repudiate encouragment

provided aid –> must neutralize the aid (like taking back materials)

Another action to prevent the crime must be taken too –such as notifying police.

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12
Q

what is an inchoate offense

A

Inchoate offense occurs when someone’s action stop short of completing crime.

Include:
1. solicitation
2. attempt
3. conspiracy

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13
Q

solicitation elements

A

Solcitation is soliciting another to commit a crime.

Actus reus: solicitation

Mens rea: specific intent that person solicited commit the crime

Merger: Yes- merges with the completed offense.

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14
Q

Conspiracy

A

Conspiracy is an agreement between people to commit a crime.

**Mens Rea: **
Specific intent to
1. enter agreement
2. achieve criminal objective

Common Law: requires two guilty minds

MPC: one guilt mind sufficient

**Actus Reus: **

*Common Law: *
Crime completed once specific intent is met.

*Majority: *
Requires act in furtherance on conspiracy. Mere prep is ok.

NOTE: Conspiracy does NOT MERGE with underlying offense!

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15
Q

Can someone withdraw from conspiracy?

A

**Withdrawal is NOT a defense to conspiracy. **

**BUT it may be a defense to liability from co-conspirator’s crimes **in furtherance of conspiracy if

(1) affirmative action of withdrawal is taken and

(2) notice is given to all co-conspirators with time for them to have oppotunity to abandon criminal plan

(3) and **if aid **given, it must be neutralized.

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16
Q

Libiality of co-conspirators

A

A cospirator can be liable of crime comitted by co-conspirator if it was: (1) in furthrance of conspiracy (2) and foreseeable.

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17
Q

Attempt

A

**Mens Rea: **
specific intent to commit the crime

**Actus Reus: **
* comitting act beyond mere prep

  • Most courts: *
    use “proximity test”–the act must be dangerously close to completion
  • MPC:*
    act must be a substantial step toward completing the crime
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18
Q

insanity defense

A

Insanity defense means that D was so mentally ill at time of crime that should be aquitted.

Presumption of Sanity. D has burden of proof.

M’Naughten Rule
Irresistable Impulse Test
NH Test
MPC test

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19
Q

M’Naughten Rule

A

Insanity is grounds for aquittal if:

DRAWN

  1. Disease of mind
  2. Reason – caused defect in reasoncaused a defect of reason
    3.     A    bility : such that D lacked ability
  3. Wrongfulness: to known wrongfulness of their actions
  4. Nature: -OR- understand their nature and quaility
20
Q

Irrestable Impulse

A

Insanity is grounds for aquittal if:
MC cubed

M= mental disease

C= control actions or

C= conform

C= conduct to law

bc D’s mental disease, they **couldn’t control their actions or conform their conduct to law. **

21
Q

Durham Test

A

3D

Insanity is grounds for aquittal if crime was a product of D’s mental disease.**

22
Q

MPC insanity test

A

insanity is grounds for aquittal if:

DSAL

D= mental Disease

S= lacked Substantial capacity

A= Appreciate the criminality -

—-OR—-

L = conform conduct to the Law
(lacked the ability to control impulse to kill … even if they know it was wrong)

23
Q

When is voluntary intoxication a defense?

A

Voluntary intox is a defense only when it negates specific intent

24
Q

Infancy

A

Infancy under Common Law:
* under age 7 –> no liability
* ages 7- 14 –> is rebuttable presumption that child could not understand wrongfulness of their acts

Infancy under modern law:
defense to all ADULT crimes, but can be delinquent in juvenille or family court

25
Q

Self defense - Non-deadly force

A

A person can use non-deadly force if they:
1. reasonably believe force is necessary to protect themself

NO DUTY TO RETREAT.

26
Q

self defense - deadly force

A

A person can use deadly force if
* reasonably believe they are threatened with imminent bodily harm or death

Majority view: no duty to retreat.

Minority view: duty to retreat unless
1. victim is present in own home
2. victims is making a lawful arrest
3. victim is being robbed

27
Q

Right to defend others

A

D can defend others with:

**1. Non-deadly force, if: **
* they reasonably beleive force is necessary to protect other person

2. Deadly force, if:
* reasonably beleive other person is threatened with iminent death or bodily harm

28
Q

Defense of Dwelling

A

Non-deadly force:
* if person reaonably beleives non-deadly force is necessary to prevent unlawful entry

Deadly force:
* if person is home AND
* if person reasonably believes they are threatened with attack
* or to prevent a felony inside dwelling

29
Q

Defense of Property

A

Non-deadly force:
* if person reasonably beleives force is necessary to defend property from interference (unless a request would suffice)

Deadly force:
* never allowed

30
Q

Duress

A

D engages in criminal conduct bc he reasonably beleives he or another will be killed or subject to great bodily harm if D refuses.

MPC allows threats to property if value of property outweighs the harm done by the crime.

Defense everything EXCEPT MURDER + MANSLAUGHTER.

31
Q

Entrapment

A

Entrapment is a defense when (1) police (2) induce D to commit a crime, (3) and D is NOT predisposed.

It does NOT apply when police merely provide an oppotunity to commit a crime.

32
Q

mistake of fact

A

An unreasonable -or- reasonable mistake of fact is only a defense to specific intent crimes if it negates the specific intent.

Mistake of fact can only be a defense to all other crimes if **reasonable. **

33
Q

mistake of law

A

Mistake of law if only a defense when an element of a crime is knowing the law.

Its generally NOT a defense.

34
Q

Consent

A

Consent is only a defense to crimes requiring lack of consent (ex: rape) or minor assault or batteries (BDSM).

Consent must be freely given, party is capable of consent, and no fraud used to get it.

35
Q

Embezzlement

A

**Actus reus: **
1. conversion of property held pursuant to trust agreement
2. and **use inconsistent **with trust’s terms.

Mens Rea:
* with the **intent to defraud **

36
Q

false pretense

A

**Actus Reus: **
1. obtaining TITLE to property by consent induced **by fraudulent misrepresentation **

**Mens rea: **
* with the intent to defraud

37
Q

larceny by trick

A

**Actus reus: **
obtaining CUSTODY or POSESSION of propoerty by consent induced by fraudulent misrepresentation

**Mens Rea: **

with the intent to permanenlty deprive owner of their personal propery

38
Q

continuing trespass

A

Continuing trespass occurs when D’s (1) initial taking wrongful and (2) intends to return the property (3) but later changes mind, resulting in larceny.

If intial taking if NOT wrongful, and later D decides to keep, there is **NO larceny. **

39
Q

larceny

A

Larceny is
1. taking
2. and carrying away
3. of personal property
2. of another
3. by trespass
4. with the intent to permanenlty deprive them of their property.

The intent to deprive must be at the time taking occured.

40
Q

Define Murder

A

Murder is the unlawful killing of a human with malice aforthought.

Malice is indifference to obvious or extreme risk to human life.

Malice aforthought can be established by: (i) intent to kill; (ii) intent to cause serious bodily harm; (iii) depraved heart; or (iv) felony murder.

41
Q

INvoluntary Manslaughter

A
  1. criminally neglgient manslaughter: killing resulting from criminally neglgient behavior
  2. misdemeanor manslaughter: killing resulting from committing a misdemeanor or UNenumerated felony
42
Q

first degree murder

A

premidiated
* D had TIME to think abt the killing - even seconds

And

deliberate
* intent to kill id deleibrate if D had cool mind–no heat of passion.
* voluntary intoxication may negate deliberate element, mitigating the killing to voluntary mansalughter.

43
Q

Robbery

A

Larceny + force or threat of IMMEDIATE force + person or presence

  1. taking
  2. of personal prop
  3. of another
  4. from their person or presence
  5. by force or immdeiate threat of force
  6. with the intent to permanently deprive owner of their property
44
Q

Extortion

A

Larceny + threat of future harm

Obtaining property by means of threats of future harm.

The taking does not need to be from the person or their presence.

45
Q

Burglary

burglary

A

**1. breaking and entering
2. dwelling
3. of another
4. at night
5. with intent to commit felony

**Breaking: **

  • Breaking requires physcial movement of or constructive force (fraud or threat) to gain entry.
  • Breaking could be minimal force, like pushing open unlocked door.
  • If wide open door, then no breaking.

Entering
* Some part of D’s body of an object in their control must enter structure.

Dwelling
* A dwelling is a structure used for sleep, but most states do not care what kind of structure.

Of Another
* LL is not entitled to be in Tenant’s dwelling if tenant has rightful possesion.

At night
* most states do not require

Intent to commit felony therein
* intent to commit felony must occur at the time of the breaking.
* A later formed intent to steal after entry does not qualify – might be larceny

46
Q

voluntary intox v involuntary intox

A

Voluntary Intox = D voluntarily –AANNDD– knowingly consumed intoxicating substance
* defense to ONLY SPECIFIC intent crimes if D so intox. that cannot form specific intenet.

Involuntary Intox.= D INvoluntarily -OOORRR– UNknowingly consumed intox substance.
* MAJORITY= involuntary intox is defense to all crimes if renders D insane under applicable insanity test. Run through them all.

47
Q

adequate provocation

A

Adequate provocation will reduce murder to manslaghter is D is both reasonable **and **actually provoked.

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