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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
What acts are usually considered aggravated battery? | Other Offenses Against the Person
* Battery with a **deadly weapon** * Battery resulting in **serious bodily harm** * Battery of a **child, woman, or police officer**
26
How is aggravated battery defined under GA law? | Other Offenses Against the Person
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.
27
What are the elements of assault? | Other Offenses Against the Person
* 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
When does a person commit agg. assualt under GA law? | Other Offenses Against the Person
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
What are the elements of False imprisonment? | Other Offenses Against the Person
* **unlawful confinement** of person * **without the person's valid consent*
30
What is the crime of kidnapping under GA law? | Other Offenses Against the Person
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
What are the elements of Larceny? **T**hieves **T**ook **C**armen's **P**urse **A**nd **I**saac's **P**assport OR TIP | Property Offenses
* 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
What is the erroneous takings rule? | Property Offenses
A taking under a **claim of right** is never larceny, een if the def erroneously believes the property is theirs.
33
What is "continuing trespass"? | Property Offenses
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
What are the elements of Embezzlement? | Property Offenses
* The fraudelent * Conversion * Of personal property * Of another * By a person in lawful possesion of that property.
35
What is the difference between larceny and embezzlement? | Property Offenses
Embezzlement requires **lawful** possession of the property?
36
What are the elements of False pretenses? | Property Offenses
* Obtaining **title ** * to **personal property of another** * By an **intentional false statement** of past or existing fact * With **intent to defraud** the other
37
What is the difference between larceny by trick and false pretenses?
In larceny, D gets only custody of the prop; In false pretenses, D gets title (ownership)
38
What are the elements of robbery? | Property Offenses
* 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
What are the elements of forgery? | Property Offenses
* **Making or altering** * A **writing** with apparent legal significance * So that is **false** * With **intent to defraud**
40
What crime has larceny, embezzlement, false pretenses,, and larceny by trick been singled into under GA law? | Property Offenses
The crime of **Theft**. Theft by taking, theft by deception, theft by conversion, theft of services, theft of lost or mislaid property
41
What is the common law defintion of Burglary? | Property Offenses
Breaking and entering of the **dwelling of another at nightime **with the intent to commit a felony inside
42
What is burglarly under GA law? | Property Offenses
* 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
What is the felony of **home invasion** in Ga? | Property Offenses
* 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
What are the elements of arson? | Property Offenses
* 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
What is the intent requirement for accomplice liability? | Accomplice Liability
(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
When is withdrawal effective for accomplice liability? | Accomplice Liability
Withdrawal must occur **before** the crime becomes unstoppable Must take out what you put in (encourager=repudiation, aider=prevention)
47
What are the elements of solicitation? | Inchoate Offenses
* 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
Can solicitation and the crime be charged seperately? | Inchoate Offenses
No, they must be merged.
49
What are the elements of conspiracy? | Inchoate Offenses
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
What is the overt act requirement for conspiracy? | Inchoate Offenses
An act in furtherance in conspiracy must be performed. Any act, even an act of mere preparation is sufficient
51
What is the traditional rule and GA rule for conspiracy? | Inchoate Offenses
Bi-lateral agreements. A conspirary requires at least 2 "guilty minds" that is person who are actually committed to the illicit plan.
52
What is the modern rule for conspiracy? | Inchoate Offenses
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
When is a co-conspirator liable for another co-conspirator's crimes? Pinkerton Liability | Inchoate Offenses
1. Were committed in **furtherance** of the objectives of the conspiracy 2. Were **forseeable **
54
What are the elements of the for attempt? | Inchoate Offenses
* Specific Intent; and * An overt act in furthence of the crime
55
What is the overt act requirement for attempt? What are the two different tests? | Inchoate Offenses
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
What is the Mcnaughten rule? | Defenses
* 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
What is the irresistable impulse test? | Defenses
Because of mental illness, they were **unable to control their actions or conform their conduct to the law**
58
What is the Durham (new hampshire test)? | Defenses
But for their mental illness, the crime would not have occured
59
What is the MPC test? | Defenses
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
What is the GA rule for insanity? | Defenses
* 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
When is voluntary intoxication a defense? | Defenses
Specific intent crimes only
62
If the mental state for the crime is blank, **any** mistake of fact (even an unreasonable one) will be a defense | Defenses
Specific Intent
63
If the mental state for the crime is blank, only a **reasonable** mistake of fact will be defense | Defenses
Malice or general intent
64
What type of force is appropriate against non-deadly force? | Defenses
May use such force as they **reasonably believe is necessary** to protect themselves from the imminent use of unlawful force upon themselves
65
When may a peron use deadly force in self-defense? | Defenses
1. Without Fault 2. Confronted with "unlawful force" 3. reasonably believes they are threatened with **imminent death or great bodily harm**
66
How can intial aggressor regain their right to use self-defense? | Defenses
* 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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