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MBE Bar Exam: The 6 (+2) MBE Bar Exam Subjects > Crim Law > Flashcards

Crim Law Flashcards

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1
Q

Extortion

A

KSOPBTFH

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2
Q

Extortion

A

KSO - PAB - TFH

Knowlingly Seeking to Obtain the Property of Another By Threat of Future Harm

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3
Q

EMBEZZLEMENT

Essence

Elements

A

Essence: Gaining Title while having Lawful Possession

Elements:

Lawfull Possession, followed by Conversion

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4
Q

ATTEMPT

Elements:

Defenses:

A

Elements: SI + SS

Defenses: LI

Elements: Specifici Intent + Substantial Step (beyond Mere Prep) - in furtherance of a crime

Defenses: Factual Impossibility >< (not) a Defense

                 Legal Impossiblitity = Defense

Create Example an Example

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5
Q

ACCOMPLICE LIABILITY

Elements:

General Rule:

Withdrawal:

Accesory after the fact:

A

Elements: Actively Involved in the Crime (mere presence not enough)

Generally: Accomplices are liable for crime itself + all other Foreseeable Crimes

Withdrawal: Must withdraw feofre crime is unstoppable

                   a) Voluntarily Renounce
                   b) Make substantial effort to prevent

Accessory after the fact: Not liable for crime itself, but liable for a lessor crime.

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6
Q

THE FOUR MAIN INSANITY DEFENCES

  • TYPES: Apply the “Type” of Insanity Defense to the Name of the Insanity Defence Theory
  • Local Kansas rule
A

M’Naughten => Cognative (brain) Impairement

Irresistable Impulse => Non-Cognative

Durham Test => “But For… the mental illness”

MPC* Test => Combines cognative and non-cognative

KANSAS: has abolished the insanity defense, however insanity is relevant to show mental state for intent

Kansas Also allows evidence of diminished capacity in regard to establishing mental intent

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7
Q

M’naughten Rule

Type:

Rule:

A

Type: Cognative Impairment - i.e. knowing right from wrong

Rule:

a) Disease of the mind
b) at the time of conduct.

Defendent was so impaired that he lacked the ability to known wrongfulness of actions or understand nature and quality of actions

(i.e. Doesn’t Know Right From Wrong)

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8
Q

IRRESISTABLE IMPULSE TEST

Type

Rule

A

Type: Non-Cognative Reflex

Rule: Unable to control actions or conform conduct to requirements of law.

(ie. cannot resis impulse)

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9
Q

Durham Test

Type:

Rule:

A

Type: Broad “But for the mental illness…”

Rule: Conduct is the product of a mental illness

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10
Q

Insanity Defense:

MPC Test

Type:

Rule:

A

Type: Combines Cognative & Non-Cognativie Reflex

Rule: Defendant lacked the ability to appreciate criminality or conduct or conform conduct to requirements of law

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11
Q

Duress/Necessity

A
  • Coercion
  • Defense to all crimes except homicide
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12
Q

Defense of Dwelling

  • When/When not available?
A
  • Can never use deadly force soley to defend property (no spring guns) BUT
  • Can use deadly force to protect occupants from harm OR to prevent felony.
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13
Q

Kansas Rule regarding:

Use of dealy force in self defense

A

A) Battered women syndrome allowed to show reasonableness of threat preceived as to great bodily harm/death

  • Must be evidencie of an immanent threat before admissable

B) Imperfect Self Defense:

Defendent honestly but unreasonably believes necessity of deadly force

=> changes to voluntary manslaughter

C) Initial Aggressor: All means of escape must be exhausted

D) Defense of Dwelling: allowed if reasonably believed it was necessary to prevent death/bodily harm from unlawful entry*

* There is no duty to retreat.

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14
Q

SOLICITATION

Elements

Non-defences

Merger (Common Law; KANSAS)

Kansas Defenses

A

Elements: Asking someone to commit a crime

Non-Defences:

a) Factual Impossibility >< not a Defense

b ) Refusal or Legal Incapacity >< not a defense

KS Defenses:

a) Persuading solicited person not to commit crime
b) Prevent the commission of the crime

Either a or b manifest complete withdrawal

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15
Q

Conspiracy #2

Defenses:

Withdrawal: (common law, Kansas)

A

Defenses: Factual impossibility is no defense

Withdrawal:

Common Law - Cannot withdraw from conspiracy but can withdraw from further crimes of co-conspirators

Kansas: Persuading/prevention of crime = Withdrawal

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16
Q

ASSAULT

2 theories

KS:

KS: Aggrevated

A

1) C A I B H

Theories:

KS: I P - A R A- I B H

KS: Intentionally placing another in reasonable apprehension of Immediate Bodily Harm.

KS Aggrevated: = Assault +

1) Deadly Weapon
2) While disguised to conceal I.D.
3) W/ Intent to commit any felony

17
Q

BATTERY

Elements (Note: 2 Definintions)

Intent

A

Defintion:

1) UAF - PAR - BI
2) OT

Elements:

1) Unlawful Application of Force to the Person of Another Resulting in Bodily Injury
2) Offensive Touching

Intent: General Intent => Criminal Negligence

18
Q

KS Aggravated Battery

A
  • Use of a deadly weapon
19
Q

AGGRAVATED ASSAULT

A

Assault plus:

1) Use of a Deadly/dangerous weapon or
2) With intent to rape, mame or murder

20
Q

Homicide:

What is malice aforethought

(mnemonic)

A

I k - I G B - R I U H R H L - I C F

21
Q

Homicide:

What is malice aforethought?

A

Homicide:

I k - I G B - R I U H R H L - I C F

1) An intent to kill OR
2) Intent to inflict Great Bodily Harm
3) Reckless Indifference to an Unjustifiable High Risk to Human Life
4) Intent to Commit a Fellony

22
Q

Murder

Common Law Murder/2nd Degree Murder

KS Homicide

A

Common Law Definition: Unlawfull Killing with Malice Aforethought:

  • Intent to kill
  • Immediate Intent to Inflict Great Bodily Harm
  • Depraved Heart Killing
    • Reckless Indifference to an Unjustified High Risk to Human Life

KS: Homicide:

  1. Intentional but unpremeditated killing OR
  2. Killing done in a reckless manner manifesting extreme indifference to the value of human life.
23
Q

Manslaughter

Voluntary: PPK

Involuntary (2 kinds)

  • CN
  • MN
A

Voluntary Manslaughter:

  1. Passion Provoked Killing (no time to cool off)
  2. Must be reasonable
  3. Voluntary intoxication is no defense

Involuntary Manslaughter: 2 types =>Killing resulting from:

  1. Criminal Negligence
  2. Misdemeaner Manslaughter: Killing committed during the commission of a misdemeaner or “unenumerated felony”
24
Q

First Degree Murder

Two Kinds:

Elements:

Defences: (+ mnemonic)

A

_Elements: _

1) Unlawful killing of another
2) w/Malice aforethought (MBE - Requires giving you a statute)

Defences: Specific intent defences of voluntary intoxication can be used to reduce to common law murder

**Felony Murder: ** Killing incidental to the commission of a felony.

25
Q

Defenses to Felony Murder

Mnemonics

(Hint - 4)

A
  • N G U F
  • O F K
  • D N F
  • K O A B
26
Q

Defense to Felony Murder

* N G U F

\* O F K

\* D N F

\* K O A B
A
  1. Not Guilty of Underling Felony
  2. Killing is the Only Felony defendent is guilty of
  3. Death not foreseeable
  4. Death caused while fleeing felony are felony murder BUT deaths that occur after a break in time from a point of safety is not felony murder
27
Q

False Imprisonment

Elements: (Mnemonic Only)

A

False Imprisonment Mnemonic:

U C P - Wo V C

28
Q

False Imprisonment Mnemonic:

U C P - Wo V C

A

Unlawful Confinement of a Person WithOut his Valid Consent

(If there is an alternative route or escape possible then not confined)

29
Q

Rape

(See KS Sex Crimes)

Statutory Rape

A
  1. Slightest Penetration
  2. Satutory Rape = Strict Liability: Sex with a minor.
  • (KS: </= 17)
30
Q

Larceny

(Mnemonic)

Elements

(Larceny by trick vs. False Pretents)

A

U T - A P P A - Wo C - W I P D - A T T

31
Q

Larceny

Elements:

Essence

(Lareceny by trick vs. False Pretense)

Mnemonic (elements):

U T - A P P A - Wo C - W I P D - A T T

A

Essence: Obtaiing possession by not title

Elements:

  1. Unlawful Taking
  2. Asportation (carrying away) the Personal Property of Another
  3. WithOut Consent (by tresspass)
  4. With Intent to Permanently Deprive
    • At the Time of Taking

By Trick:

  • Obtaining Possession by Trick
  • (If obtaining title then = False Pretense)
32
Q

Robbery

(Mnemonics)

A

Ut + P Pa + O P P + F I + I P D + A T T

33
Q

Robberty

Essence:

Elements:

Mnemonic:

Ut + P Pa + O P P + I P D + A T T

A

Essence: Aggrevated Form of Larceny

Elements:

1) Unlawful Taking (stealing)
2) of Person Property of Another
3) From the Others Person or Presence
4) By Force or Intimidation (Voilence or Fear)

  • Must be threat of Immenent Harm - (not future harm)
  • Can be triggered by threat of harm to companion

5) W/ Intent to permanently deprive at the time of taking

34
Q

False Pretense

(Nemonic)

Elements

A

I + C T + F P

35
Q

False Pretense

Elements:

Mnemonic:

I + C T + F P

A
  1. Inducing
  2. Conveyance of Title by
  3. False Pretense: (Fraud/Misrepresenation)
  • Must be as to Present or Past Fact => Cannot be as to Future Promise.
36
Q

Burglary

CL Elements (+ Mnemonic)

KS Elements (+ Mnemonic)

KS Aggrevated Burglary

A

CL Mnemonic: (B E + D A + A N + W I C F)

Common Law:

1) Breaking (actual or constructive - some force however slight - or threat of force) (not breaking if Door is Open)
2) Entering
3) Dwelling house of another
4) At Night
5) With Intent to Commit a Felony

Kansas:eliminated

1) Breaking,
2) at Night Time
3) Dwelling Requirement
4) Any means of conveyance = Structure/Vehicle

With intent to commint fellony.

Kansas Aggrevated Burglary:

  • A person is present at the time of burglary (defendent need not know of presence)
37
Q
A
38
Q
A

MBE Bar Exam: The 6 (+2) MBE Bar Exam Subjects (5 decks)

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