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MEE - GA > Crim Law > Flashcards

Crim Law Flashcards

1
Q

May a person be convicted of both solictation and the completed crime? Or attempt and the completed crime?

A

No. No merger .

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2
Q

In GA, does conspiracy merge into the complete crime?

A

Yes.

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3
Q

What are the elements of all crimes?

Essential Elements of a Crime

A
  • Physical Act (Actus Reus)
  • A mental state (mens reas)
  • A concurrence of the act and mental state
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4
Q

What are examples of involuntary acts?

Essential Elements of a Crime

A
  • One that is not the product of the actor’s volition (being pushed)
  • Sleepwalking or otherwise unconcious conduct
  • A reflex or convulsion
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5
Q

What can create a legal duty to act?

Essential Elements of a Crime

A
  • A statute (filing tax returns)
  • By contract (lifeguard, doctor)
  • By status of relationship (Parent to child)
  • By the voluntary assumption of care (start rescuing, cant stop)
  • By the creation of the peril
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6
Q

What are some examples of crimes that require specific intent?

Essential Elements of a Crime

A
  • Assualt: Intent to commit battery
  • 1st D. Murder: Premeditated intent to kill
  • Larceny: Intent to permanently deprive of property
  • Embezzlement: Intent to defraud
  • False Pretenses: Intent to Defraud
  • Robbery: Intent to permanently deprive of prop
  • Forgery: Intent to defraud
  • Burglary: Intent to commit a felony in the dwelling
  • Solicitation: Intent to have the person solicited commit the crime
  • Conspiracy: Intent to have the crime completed
  • Attempt: Intent to complete the crime
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7
Q

What intent is necessary for malice crimes? What are examples of malice crimes?

Essential Elements of a Crime

A

Requires a reckless disregard of an obvious or high risk that the particular harmful result will occur. Common Law Murder and Arson

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8
Q

What is General intent? and what are some examples of general intent crimes?

Essential Elements of a Crime

A

The D must be aware that they are acting in a proscribed way and that any required attendant circumstances exist. The D does not have to be certain that all the circumstances exist; it is suff. that the D is aware of a high likelihood they will occur. Ex: Battery, Forcible rape, False imprisonment, Kidnapping

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9
Q

What states of mind is necessary for common law murder? 4 states of mind

Homocide

A
  • Intent to kill
  • Intent to inflict great bodily injury
  • Reckless indifference to an unjustifiably high risk to human life
  • Intent to commit a felony
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10
Q

What is the deadly weapon rule?

Homocide

A

The intentional use of a deadly weapon permits the inference of an intent to kill. Deadly weapon = any instrument used in a manner to produce death/ seriously bodily injury

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11
Q

What is required for Felony Murder

Homocide

A
  • Def must have **committed or attempted **to commit the underlying felony
  • Felony must be inherently dangerous (BARRK)
  • Felony must **distinct **from the killing itself
  • Killing must take place during the felony or during the immediate flight from the felony.
  • Death must have been a forseeable result of felony
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12
Q

What is MBE rule for murder of co-felon?

Homocide

A

In most jurisdiction and on the MBE, the def is NOT liable for felony murder when a co-felon is killed as result of resistance from the victim or police

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13
Q

What is the GA rule for murder of a co-felon?

Homocide

A

In GA, a def can be liable for felony murder if the victim is a co-felon.

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14
Q

What is the proximate cause theory of vicarious liability for felony murder?

Homocide

A

In some state, including GA, if one of the co-felons proximately causes the victim’s death, all the other co-felons will be guility of felony murder, even if the actual killing is committed by a third party (like a police officer)

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15
Q

What is the defintion of Murder under GA law?

Homocide

A

In GA, a person commits murder when the person unlawfully and with malice aforethough, express or implied, causes the death of another human being.

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16
Q

What is the definition of Murder in the Second Degree under GA law?

Homocide

A

A person commits second degree murder when, in the commission second degree cruelty to children, the person causes the death of another human being, irrespective of malice.

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17
Q

What is the defintion of Feticide under GA law?

Homocide

A

In GA, a person commits “feticide” when the person causes the death of a fetus at any stage of development:
* Willfully through injury to mother that would constitute murder if it were to result in the mother’s death; OR
* During the commission of a felony

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18
Q

What is voluntary manslaughter?

Homocide

A

Voluntary manslaughter is a killing that would otherwise be murder committed in the heat of passion upon adequate provocation

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19
Q

What are the 4 requirements of adequate provocation?

Homocide

A
  1. It was a provocation that would arose suden and intense passion in the mind of an ordinary person, causing them to lose self control (objective)
  2. The D** was in fact provoked** (subjective)
  3. There was not sufficient time between provocation and the killing for passions of reasonable person to cool off. (objective)
  4. The D in fact did not cool off (subjective)
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20
Q

What is Imperfect Self-Defense?

Homocide

A

Murder may be reduced to manslaughter even though the D’s unreasonably but honestly believed in the necessity of respond to deadly force

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21
Q

What is involuntary manslaughter?

Homocide

A

2 Types:
* Common Law: a killing committed with criminal negligence
* MPC: a killing committed recklessly

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22
Q

How is involuntary manslaughter defined under GA law?

Homocide

A

Defined as causing the death of another, without intending to do so, by the commission of a** lawful act in an unlawful manner **likely to cause death or great bodily injury.

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23
Q

What are the elements of Battery?

Other Offenses Against the Person

A

Battery is the:
* unlawful application of force
* to the person of another
* resulting in either **bodily injury or an offensive touching.

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24
Q

What is the difference between “simple battery” and “battery” under GA law?

A
  • Simple Battery consist of either (1) intentionally making physical contact of an insulting or provoking nature with the person of another; or (2) intentionally causing physical harm to another
  • Battery is committed by intentionally causing substantial physical harm or visible bodily harm.
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25
Q

What acts are usually considered aggravated battery?

Other Offenses Against the Person

A
  • Battery with a deadly weapon
  • Battery resulting in serious bodily harm
  • Battery of a child, woman, or police officer
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26
Q

How is aggravated battery defined under GA law?

Other Offenses Against the Person

A

In GA, a person is guilty of agg. batt. when the person maliciously causes bodily harm to another by depriving the other of a member of their body, rendering a member of their body useless, or seriously disfiguring their body.

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27
Q

What are the elements of assault?

Other Offenses Against the Person

A
  • An attempt to commit a battery (swing and miss)
  • The intention creation of a reasonable apprehension in the mind of the victim of immeninent bodily harm
28
Q

When does a person commit agg. assualt under GA law?

Other Offenses Against the Person

A

A person commits agg assault when the person assaults another: (1) with the intent to murder, rape, or rob; (2) with a deadly weapon; (3) with any object, device, or instrument that is likely to or actually does result in strangulation; or (4) by discharging a firearm from within a motor vechile

29
Q

What are the elements of False imprisonment?

Other Offenses Against the Person

A
  • unlawful confinement of person
  • **without the person’s valid consent*
30
Q

What is the crime of kidnapping under GA law?

Other Offenses Against the Person

A

Kidnapping consist of abducting or stealing away any person without unlawful authority and holding such person against their willl. Any slight movement of the victim is sufficient

31
Q

What are the elements of Larceny?
Thieves Took Carmen’s Purse And Isaac’s Passport OR TIP

Property Offenses

A
  • Trespassory
  • Taking and
  • Carrying away the
  • Personal property
  • Of another, with the
  • Intent to
  • Permanently deprive that person of their interest in the property
32
Q

What is the erroneous takings rule?

Property Offenses

A

A taking under a claim of right is never larceny, een if the def erroneously believes the property is theirs.

33
Q

What is “continuing trespass”?

Property Offenses

A

If the d wrongfully takes property without the intent to permanently deprive, and later decides to keep the property, the D’s is guilty of larceny when they decide to keep it. Exception of the concurrence principle.

34
Q

What are the elements of Embezzlement?

Property Offenses

A
  • The fraudelent
  • Conversion
  • Of personal property
  • Of another
  • By a person in lawful possesion of that property.
35
Q

What is the difference between larceny and embezzlement?

Property Offenses

A

Embezzlement requires lawful possession of the property?

36
Q

What are the elements of False pretenses?

Property Offenses

A
  • Obtaining **title **
  • to personal property of another
  • By an intentional false statement of past or existing fact
  • With intent to defraud the other
37
Q

What is the difference between larceny by trick and false pretenses?

A

In larceny, D gets only custody of the prop; In false pretenses, D gets title (ownership)

38
Q

What are the elements of robbery?

Property Offenses

A
  • A Taking
  • Of personal property of another
  • from the other’s person or presence
  • By force or threats of immediate death or physical injury to the victim or a third party
  • With the intent to permanently deprive them of it
39
Q

What are the elements of forgery?

Property Offenses

A
  • Making or altering
  • A writing with apparent legal significance
  • So that is false
  • With intent to defraud
40
Q

What crime has larceny, embezzlement, false pretenses,, and larceny by trick been singled into under GA law?

Property Offenses

A

The crime of Theft. Theft by taking, theft by deception, theft by conversion, theft of services, theft of lost or mislaid property

41
Q

What is the common law defintion of Burglary?

Property Offenses

A

Breaking and entering of the **dwelling of another at nightime **with the intent to commit a felony inside

42
Q

What is burglarly under GA law?

Property Offenses

A
  • Entering or remaining
  • Within an occupied or unoccupied building or structure
  • Without authority
  • With the intent to commit a felony or any theft therein
43
Q

What is the felony of home invasion in Ga?

Property Offenses

A
  • Enter the lawfully occupied dwelling of another
  • Without authority
  • While armed with a deadly weapon
  • With the intent ot commit a forcible felony or misdemeanor therein
44
Q

What are the elements of arson?

Property Offenses

A
  • The** malicious **(intentional or with reckless disregard of an obvious risk)
  • Burning (requiring some damage to the structure caused by the fire)
  • **Of the dwelling **
  • Of another
45
Q

What is the intent requirement for accomplice liability?

Accomplice Liability

A

(1) the intent to assist the principal in the commission of the crime; and
(2) the intent that the principal commit the substantive offense

46
Q

When is withdrawal effective for accomplice liability?

Accomplice Liability

A

Withdrawal must occur before the crime becomes unstoppable
Must take out what you put in (encourager=repudiation, aider=prevention)

47
Q

What are the elements of solicitation?

Inchoate Offenses

A
  • Asking, inciting, counseling, advising, urging, or commanding
  • another to commit a crime
  • with the intent that person solicited commit the crime. (not necessary for them actually to commit the crime)
48
Q

Can solicitation and the crime be charged seperately?

Inchoate Offenses

A

No, they must be merged.

49
Q

What are the elements of conspiracy?

Inchoate Offenses

A
  1. An agreement between 2 or more persons
  2. An intent to enter into the agreement
  3. An intent by at least 2 persons to achieve the objective of the agreement
50
Q

What is the overt act requirement for conspiracy?

Inchoate Offenses

A

An act in furtherance in conspiracy must be performed. Any act, even an act of mere preparation is sufficient

51
Q

What is the traditional rule and GA rule for conspiracy?

Inchoate Offenses

A

Bi-lateral agreements. A conspirary requires at least 2 “guilty minds” that is person who are actually committed to the illicit plan.

52
Q

What is the modern rule for conspiracy?

Inchoate Offenses

A

Unilateral approach. Requires that only 1 party have genuine criminal intent. A d can be convicted of conspiracy if they conspire with 1 person only and that person is an undercover cop.

53
Q

When is a co-conspirator liable for another co-conspirator’s crimes? Pinkerton Liability

Inchoate Offenses

A
  1. Were committed in furtherance of the objectives of the conspiracy
  2. Were **forseeable **
54
Q

What are the elements of the for attempt?

Inchoate Offenses

A
  • Specific Intent; and
  • An overt act in furthence of the crime
55
Q

What is the overt act requirement for attempt? What are the two different tests?

Inchoate Offenses

A

Must commit an an act** beyond mere preparation ** for the offense
* Common law proximity test: Requires that act be “dangerously close” to successful completeion of the the crime
* Substantial step (GA & MPC): Substantial step in a course of conduct planned to culminate in the commission of the crime

56
Q

What is the Mcnaughten rule?

Defenses

A
  • A disease of the mind
  • caused the defect of reason
  • Such that D lacked the ability at the time of their actions to either know the wrongfulness of their action or understand the nature and quality of their actions.
57
Q

What is the irresistable impulse test?

Defenses

A

Because of mental illness, they were unable to control their actions or conform their conduct to the law

58
Q

What is the Durham (new hampshire test)?

Defenses

A

But for their mental illness, the crime would not have occured

59
Q

What is the MPC test?

Defenses

A

Combination of Mcnaughten and Impulse. Had mental disease or defect; and lacked to the substantial capacity to either: (1) appreciate their criminality of their conduct; or (2) conform their conduct to the requirements of the law.

60
Q

What is the GA rule for insanity?

Defenses

A
  • Did not have the mental capacity to distingusih between right and wrong
  • because of mental disease, injury, or deficieny, acted as they did because of delusional compulsion that mastered their will to resit committing the crime.
61
Q

When is voluntary intoxication a defense?

Defenses

A

Specific intent crimes only

62
Q

If the mental state for the crime is blank, any mistake of fact (even an unreasonable one) will be a defense

Defenses

A

Specific Intent

63
Q

If the mental state for the crime is blank, only a reasonable mistake of fact will be defense

Defenses

A

Malice or general intent

64
Q

What type of force is appropriate against non-deadly force?

Defenses

A

May use such force as they reasonably believe is necessary to protect themselves from the imminent use of unlawful force upon themselves

65
Q

When may a peron use deadly force in self-defense?

Defenses

A
  1. Without Fault
  2. Confronted with “unlawful force”
  3. reasonably believes they are threatened with imminent death or great bodily harm
66
Q

How can intial aggressor regain their right to use self-defense?

Defenses

A
  • Victim of initial aggression suddenly escalates the minor fight into a deadly altercation and the initial aggressor has no chance to withdraw
  • The initial aggressor effectively withdraws from the confrontation and communicates to the other their desire to do so.

MEE - GA (5 decks)

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