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CRIM LAW Flashcards

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1
Q

CRIM LAW CHECKLIST 5

A

1) 4 essential elements of a crime
2) Homicide
3) OTHER CRIMES
4) DEFENSES
5) IMMUNITY

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2
Q

CRIME 4BRD

A

Prosecution must prove each element beyond reasonable doubt: 1) actus reus, 2) mens rea, 3) concurrence, 4) causation

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3
Q

ACTUS REUS 2

A
  1. Physical voluntary (mtn ctrl) act, incl verbal but not involuntary
  2. Omission / failure to act when a duty exists
    - statutorily
    - contractual
    - special relationship
    - detrimental undertaking
    - causation (causing the danger)

Vicarious liability when committed by TP
- generally limited to regulatory crimes, punishable by fines
- Corps may be liable when act is performed by a high-ranking agent (representing the Corp)

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4
Q

MENS REA 5

A

a guilty mind / legally proscribed mental state
1. SI FIAT CL
2. Gen Intent BRKF Transferred
3. Malice AM
4. MPC
5. Strict liability 2

MOF may negate crim intent if
- rnxble and unrxnble mistakes in SI crimes
- only rxnble mistakes in Gen Intent and Malice crimes
MOL only valid if D relied on Ct decision/administrative order or official interpreation of law

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5
Q

SPECIFIC INTENT CRIMES FIAT CL

THEFTS ROB BURG 1M INCH ASS

A

D has the subjective desire, specific objective, or knowledge to accomplish prohibited result FIAT
1. 1M
2. Inchoate
3. Assault w intent to commit Battery
4. Theft

Mistake of Fact MOF is a defense in both rxnble and unrxnsnable mistakes

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6
Q

MALICE CRIMES AM(CL)

A

Reckless disregard of a high risk of harm
Requires only the act w/o excuse, justification, or mitigation
Intent can be inferred from the completed act
1. Arson
2. CL Murder

Rxnble MOF may negate crim intent

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7
Q

GENERAL INTENT CRIMES BRKFI

A

intent to perform unlawful act
1. Battery
2. Rape
3. Kidnapping
4. False imprisonment

MPC Intent PKRN
Rxnble MOF may negate crim intent

Transferred intent 1 - bad aim victim only, not mistaken ID
usually confined to Homicide, Battery GI, and Arson (Malice)
Not for attempted crimes

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8
Q

MPC INTENT PKRN

A
  1. Purposely - concious objection to engage in conduct or to cause a certain result
  2. Knowingly/willfully - aware or know that the result is practially certain to occur from conduct
  3. Recklessly - concious disregard of a substantial and unjustifiable risk
  4. Negligently - should be aware of substantial and unjustifiable risk that a material element of a crime exists or will result from conduct, ie. gross deviation from standard of care (voluntary intox/DUI)

does not specifically recognized transferred intent

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9
Q

STRICT LIABILITY CRIMES SR BI REG

A

no mens rea
1. Statutory Rape
2. Bigamy
3. Regulatory offenses

generally disfavored (must have clear legislative intent to dispense men

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10
Q

CONCURRENCE A&M BRD

A

the mens rea must simultaneously be present at the comission of the actus rea
Beyond a Rxnble Doubt standard applies for convictions

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11
Q

CAUSATION AP/S

A

the mens rea (if required) must cause the actus reus, and the act must cause the particular result made unlawful
1. Actual - but for
2. Proximate - legal
- Superseding

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12
Q

ACTUAL CAUSE

A

V would not have died but for D’s conduct

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13
Q

PROXIMATE CAUSE

A

D is responsible for all results that occur as a natural and probable consequence of his conduct (teacher’s suicide is not PC of teen lying about fondling/clerk’s heart condition dn break causation), unless there was a superseding force

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14
Q

SUPERSEDING EVENT 3

A

break the chain of legal causation
1. acts of nature
2. coincidence
3. NOT neg med care

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15
Q

HOMICIDE 4

A

the killing of another human being
1. CL - unlawful killing of another with malice aforethought 4
2. Statutory MM
3. Felony Murder BARRK
4. Manslaughter VI

Homicide of police 2
i. D must know V is police, and
ii. Police must be acting in the line of duty

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16
Q

CL Murder Malice 4

A
  • intent to kill
  • intent to do serious bodily inj (unintentional killing)
  • depraved heart - reckless indifference to an unjustifiably high risk to human life (unintentional killing)
  • intent to commit an inherently dangerous felony

FMR occur during or attempted commission & ends @ temp safety

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17
Q

STATUTORY MUDER 2M

A
  1. First degree Murder
    - deliberate and premediated murder, or
    - after froming the intent to kill, time for reflection
    - FMR
    - SI defenses
  2. Second degree Murder
    - malicious intent to kill = CL Murder
    - default if not 1M
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18
Q

MANSLAUGHTER VI

A
  1. Voluntary Manslaughter - homicide with malice aforethought but w mitigating circumstances 2
  2. Involuntary Manslaughter - unintentional homicide committed w Criminal Negligence or during an unlawful act 2)
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19
Q

VOLUNTARY MANSLAUGHTER 2

A
  1. Heat of Passion
    - in response to inlammatory situation, not mere words
    - not a defense, but reduce/mitigate murder down
    - exclude murder where there is sufficient time bw the provocation and the killing (cool down period)
    - tranferred provocation applies
  2. Imperfect defense if
    - D started the altercation, or
    - unrxnbly believed in the necessity of using deadly force

no mens rea

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20
Q

INVOLUNTARY MANSLAUGHTER 2

A
  1. Criminal Negligence - grossly negligent action (or inaction when there is a duty to act) that puts another person at a significant risk of serious inj or death (ex. untreated sick child)
  2. Unlawful act - a killing committed during the commission of (no mens rea)
    - a misdemeanor (ex. traffic deaths)
    - a felony that is not 1M or 2M
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21
Q

FELONY MURDER BARRK

A
  1. unintended and foreseeable killing
  2. proximately caused by and during
  3. the commission or attempted commission
  4. of an inherently dangerous felony BARRK

Point of safety ends FMR killing

defense to underlying felony is defense to FMR

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22
Q

REDLINE DOCTRINE FMR

A

D is not guilty of death of a co-felon by a V or police under FMR

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23
Q

FMR LIABILITY A/PC

A
  1. Agency theory (majority) - D is not liable for bystander’s death caused by V or police
  2. Proximate Cause theory (minority - a bystander’s death falls underFMR bc the death is a direct consequence of the felony
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24
Q

PARTIES TO CRIME PAA

A
  1. Principal - actus reus, must be actually or constructively present at the scene
  2. Accomplice 3
    - Accomplice - aid/abet/faciliate a Prin prior to or during
    - Principal in the Second Degree - physically / constructivelly present during the commission
    - Accessory before the fact - neither physically or constructively present during
  3. Accessory After the Fact
    - avoid apprehension or conviction after commission
    - must know that felony was committed
    - only liable for separate crime (ex. obstruction of justice / harboring a fugitive)
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25
Q

INSANITY TESTS 4

A
  1. M’Naghten (right from wrong) - did not know eitherr (1) the nature and quality of the act, or (2) the wrongfulness of the act bc of a defect of reason due to menatl disease
  2. Irresistible Impulse (inability to conform conduct to law) - lack capacity for self-control and free choice due to mental disease or defect
  3. Durham (but for)- the unlawful act was the product of mental disease or defect
  4. MPC (M’Naghten + II) - at the time of the conduct, lack substantial capacity to appreciate the wrongfulness of the act or to conform conduct to law as a result of mental disease or defect
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26
Q

INTOXICATION VI

A
  1. Voluntary - intentional taking of intoxicating subtance, but need not intend actual intoxication
    - defense to SI crimes
    - defense to MPC purposely / knowingly
  2. Involuntary - taken w/o knowledge or under duress
    - may negate strict liability
    - defense to all crimes
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27
Q

LARCENY

A
  1. trespassory
    - know property belonged to another
    - continuing trespass - taking of the property w/o itending to deprive permanently but later decide to keep the property
  2. taking and
  3. carrying away (asportation)
    - slightest movement is enough
    - possible to commit larceny of own’s property if another person has superiror right of possession at the time
  4. of the personal property
  5. of another
  6. with the specific intent to permanently deprive the owner
    - at the time of taking

SI Theft

Remedy is value @ taking

28
Q

LARCENY BY TRICK

A
  1. larceny
  2. by fraud or deceit
  3. that result in the conversion of the another’s property

SI Theft

only possession, not title

29
Q

FORGERY

A
  1. making
  2. of a false writing
  3. w apparent legal significance, and
  4. w the intent to defraud

SI Theft

30
Q

EMBEZZLEMENT

A
  1. fraudulent
  2. conversion
    - does not have to get the benefit
  3. of the property
  4. of another
  5. by a person who is in lawful possession of the property

SI Theft

Restoration 2
i. If D intends to restore EXACT property taken = NOT embezzlement
ii. If D intends to restore similar property = embezzlement (money initially taken and other money of identical value that he intended to return)

31
Q

FALSE PRETENSES

A
  1. obtaining title to the property
  2. of another person
  3. through the reliance of that person
  4. on a known false representation of a material past or present fact, and
  5. the represenation is made w the intent to defraud

SI Theft

false promise to do somthing in future is not grounds for liability
Larceny by Trick does not get title

32
Q

ROBBERY

A
  1. larceny
  2. from the person or presence of the V
  3. by force or intimidation

SI Theft

Larceny is a lesser included crime

33
Q

EXTORTION

A

taking of money or property from another by threat

SI Theft

making the threat, not obtaining the property is the essece of the crime (majority)
the threat need not be immediate harm or physical
the property need not be on the V or in his presence

34
Q

BURGLARY

A
  1. breaking and
  2. entering
    - part of the body
  3. of the dwelling (CL) / of the premises (MPC)
  4. of another
  5. at nightime (CL)
  6. w the specific intent to commit a felony therein
    - at the time of breaking & entering, but not inside

SI Theft, FMR

35
Q

ARSON

A
  1. malicious
  2. burning (CL) / explosion (MPC)
  3. of the dwelling (CL) / incl commercial bldg (MPC)
  4. of another (CL) / incl own (MPC)

CL excludes smoke/charring/scorching, MPC includes collecting ins

36
Q

POSSESSION

A

dominion and control over a prohibited object or substance

not required to be aware that possession is illegal

duration must be a long enuogh period to have provided an opportunity to cease dominion and conrol

37
Q

RECEIPT OF STOLEN PROPERTY

A
  1. receiveing control of stolen property
  2. knowledge that the proeprty is stolen, and
  3. intent to permanently deprive the owner of the property
38
Q

CRIMINAL BATTERY

A
  1. unlawful
  2. application of force
  3. to another person
  4. that causes bodily harm to that person or constitutes an offensive touching

need not be intentional
force need not be applied directly

39
Q

CRIMINAL ASSAULT AB/Fear

A
  1. attempted Battery, or
  2. intentionally placing another in apprehension of imminent bodily harm (more than words)
40
Q

AGGRAVATED ASSAULT

A

Assault +1
a. use of a deadly or dangerous weapon, or
b. with the intent to Rape, Maim, or Murder RAMM

41
Q

MAYHEM

A

CL Felony Battery that causes the dismemberment or permanent disfigurement of a person

42
Q

KIDNAPPING

A
  1. unlawful
  2. confinement of a person
  3. against that person’s will
  4. coupled w either
    - the movement, or the hiding of that person (CL)
    - ransom/felony/terrorize/interference w govtl or political (MPC)
43
Q

FALSE IMPRISONMENT

A
  1. unlawful
  2. confirment of a person (CL) / substantial interference w liberty (MPC)
    - V knows
  3. w/o consent
44
Q

RAPE

A
  1. unlawful
  2. sexual intercourse
  3. w a female (CL) / gender neutral (MPC)
  4. against her will by force or threat of immmediate force (CL) / lack of consent (MPC)

consent can be revoked at any time

45
Q

STATUTORY RAPE

A

sexual intercourse w a person under the age of consent, even if consensual

SL

ignorance or MOF of V age is not a defense

46
Q

PERJURY

A
  1. wilful act
  2. of falsely promising to tell the truth, either verbally or in writing,
  3. about material matters

falsity must be material

must know and intent falsity

Subordination of Perjury - persuading someone elese to commit perury, incl paying for false testimony

47
Q

BRIBERY

A
  1. corrupt payment of something of value
  2. for the purposes of influencing
  3. an official in the discharge of her official duties (CL) / incl non-public officials (MPC)

offering and receiving a bribe are both felonies

48
Q

INCHOATE CRIMES ASC

A
  1. Attempt
  2. Soliciation
  3. Conspiracy
49
Q

ATTEMPT OASI MerAbImp

A
  1. Overt act (beyond mere preparation) - substantial step
  2. SI to commit the crime

Merge into the completed crime
Abandonment - not a defense after overt act (majority) / full abandonment is a defense (minority)
Impossibility - Factual impossibility is not a defense (ex. V not within shooting range), but legal impossibility is a defense

50
Q

SOLICITATION EERCI MerRen

A
  1. enticing, encouraging, requesting, or commanding another person to commit a crime
  2. w the intent that the other person commits the crime

Merge into Conspiracy if agreement
Renunciation (MPC) - a defense if thwart the commission of the solicited crime

51
Q

CONSPIRACY Agr W/draw

A
  1. agreement
  2. bw 2 or more persons (CL) / D only w undercover agent (MPC)
  3. w the intent to accomplish an unlawful purpose (CL) / Overt Act, except 1D/2D Felony (MPC).+

Pinkerton scope

Withdrawal
- Fed / majority - possbile before the Overt Act but must give notice to the co-conspoirator or police
- MPC / minority - possible only if voluntarily thwart the success of the Conspiracy

52
Q

PINKERTON CONSPIRACY

A

liable for the Conspiracy and the co-conspirators’ substantive crimes committed in furtherance of the Conspiracy

53
Q

MERGER OF INCHOATE CRIMES

A

D may be tried but not convicted/punished for
1. attempt and the completed crime
2. solicitation and the completed crime
- soliciation w agreement (= Conspiracy)
3. more than one inchoate offense (MPC)
- except Attempt & Conpiracy (CL)

54
Q

DEFENSES

A
  1. Insanity 4
  2. Intoxication VI
  3. Mistakes MOF/MOL
  4. Self Defense
  5. Defense of Others
  6. Defense of Property
  7. Arrest
  8. Duress
  9. Necessity
  10. Consent
  11. Entrapment
55
Q

SELF DEFENSE 4

A

justified use of rxnble force against another person to prevent immediate unlawful harm to self

Imperfect Self Defense - unjustified killing in self defense mitigates m

  1. Rxnble Force
  2. Retreat
  3. As Agressor
56
Q

RXNBLE FORCE IN SELF DEFENSE

A
  1. non deadly force
  2. deadly force - may be used only if rxnbly necessary to
    - prevent death or serious inj, or
    - prevent the commission of serious felony involving a risk to human life
57
Q

DUTY TO RETREAT IN SELF DEFENSE

A
  1. no duty (majority)
  2. duty if can be safely accomplished (minority)
  3. no duty if at own home / V of Rape or Robbery / police (all)
58
Q

AGRESSOR SELF DEFENSE

A
  1. in good faith, withdrew from the altercation and communicated the w/drawal, or
  2. V escalated initial nondeadly force w deadly force
59
Q

DEFENSE OF OTHER

A

same right under Self Defense 4

60
Q

DEFENSE OF PROPERTY

A

use of rxnble (proporsionate) nondeadly force (never w deadly mechanical device) to protect property (in immediate danger of unlawful trespass / being carried away)

deadly force is only OK to prevent a forcible entry into a dwelling if occupant rxnbly believes that intruder will commit a felony within

61
Q

ARREST AS DEFENSE RUA

A
  1. police to use rxnble force to make lawful arrest
  2. police to use deadly force only if threat to the officer / TP
  3. Resisting Unlawful Arret - may use nondeadly force only
62
Q

DURESS

A
  1. TP unlawful threat causes D to rxnbly believe that the only way to avoid death or SBI to self or another is to commit a crime
  2. D commits the crime

never a defense to intentional Murder

63
Q

NECESSITY

A

justified conduct that would otherwise be criminal if
1. due to forces of nature, and
2. to avoid greater harm

,

not a defense if D set the natural forces in motion (ex. setting fire), or if there is a rxnbly apparent noncriminal alternative

64
Q

CONSENT

A

w/in scope

65
Q

ENTRAPMENT

A
  1. crime is induced by a govt officer or agent, and
  2. D was not predisposed to commit the crime

NY Bar (14 decks)

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