Crim Law Flashcards
Extortion
KSOPBTFH
Extortion
KSO - PAB - TFH
Knowlingly Seeking to Obtain the Property of Another By Threat of Future Harm
EMBEZZLEMENT
Essence
Elements
Essence: Gaining Title while having Lawful Possession
Elements:
Lawfull Possession, followed by Conversion
ATTEMPT
Elements:
Defenses:
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
ACCOMPLICE LIABILITY
Elements:
General Rule:
Withdrawal:
Accesory after the fact:
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.
THE FOUR MAIN INSANITY DEFENCES
- TYPES: Apply the “Type” of Insanity Defense to the Name of the Insanity Defence Theory
- Local Kansas rule
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
M’naughten Rule
Type:
Rule:
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)
IRRESISTABLE IMPULSE TEST
Type
Rule
Type: Non-Cognative Reflex
Rule: Unable to control actions or conform conduct to requirements of law.
(ie. cannot resis impulse)
Durham Test
Type:
Rule:
Type: Broad “But for the mental illness…”
Rule: Conduct is the product of a mental illness
Insanity Defense:
MPC Test
Type:
Rule:
Type: Combines Cognative & Non-Cognativie Reflex
Rule: Defendant lacked the ability to appreciate criminality or conduct or conform conduct to requirements of law
Duress/Necessity
- Coercion
- Defense to all crimes except homicide
Defense of Dwelling
- When/When not available?
- 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.
Kansas Rule regarding:
Use of dealy force in self defense
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.
SOLICITATION
Elements
Non-defences
Merger (Common Law; KANSAS)
Kansas Defenses
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
Conspiracy #2
Defenses:
Withdrawal: (common law, Kansas)
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
ASSAULT
2 theories
KS:
KS: Aggrevated
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
BATTERY
Elements (Note: 2 Definintions)
Intent
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
KS Aggravated Battery
- Use of a deadly weapon
AGGRAVATED ASSAULT
Assault plus:
1) Use of a Deadly/dangerous weapon or
2) With intent to rape, mame or murder
Homicide:
What is malice aforethought
(mnemonic)
I k - I G B - R I U H R H L - I C F
Homicide:
What is malice aforethought?
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
Murder
Common Law Murder/2nd Degree Murder
KS Homicide
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:
- Intentional but unpremeditated killing OR
- Killing done in a reckless manner manifesting extreme indifference to the value of human life.
Manslaughter
Voluntary: PPK
Involuntary (2 kinds)
- CN
- MN
Voluntary Manslaughter:
- Passion Provoked Killing (no time to cool off)
- Must be reasonable
- Voluntary intoxication is no defense
Involuntary Manslaughter: 2 types =>Killing resulting from:
- Criminal Negligence
- Misdemeaner Manslaughter: Killing committed during the commission of a misdemeaner or “unenumerated felony”
First Degree Murder
Two Kinds:
Elements:
Defences: (+ mnemonic)
_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.
Defenses to Felony Murder
Mnemonics
(Hint - 4)
- N G U F
- O F K
- D N F
- K O A B
Defense to Felony Murder
* N G U F
\* O F K \* D N F \* K O A B
- Not Guilty of Underling Felony
- Killing is the Only Felony defendent is guilty of
- Death not foreseeable
- 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
False Imprisonment
Elements: (Mnemonic Only)
False Imprisonment Mnemonic:
U C P - Wo V C
False Imprisonment Mnemonic:
U C P - Wo V C
Unlawful Confinement of a Person WithOut his Valid Consent
(If there is an alternative route or escape possible then not confined)
Rape
(See KS Sex Crimes)
Statutory Rape
- Slightest Penetration
- Satutory Rape = Strict Liability: Sex with a minor.
- (KS: </= 17)
Larceny
(Mnemonic)
Elements
(Larceny by trick vs. False Pretents)
U T - A P P A - Wo C - W I P D - A T T
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
Essence: Obtaiing possession by not title
Elements:
- Unlawful Taking
- Asportation (carrying away) the Personal Property of Another
- WithOut Consent (by tresspass)
- With Intent to Permanently Deprive
- At the Time of Taking
By Trick:
- Obtaining Possession by Trick
- (If obtaining title then = False Pretense)
Robbery
(Mnemonics)
Ut + P Pa + O P P + F I + I P D + A T T
Robberty
Essence:
Elements:
Mnemonic:
Ut + P Pa + O P P + I P D + A T T
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
False Pretense
(Nemonic)
Elements
I + C T + F P
False Pretense
Elements:
Mnemonic:
I + C T + F P
- Inducing
- Conveyance of Title by
- False Pretense: (Fraud/Misrepresenation)
- Must be as to Present or Past Fact => Cannot be as to Future Promise.
Burglary
CL Elements (+ Mnemonic)
KS Elements (+ Mnemonic)
KS Aggrevated Burglary
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)
