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Crim Law Flashcards

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1
Q

What is the modern law regarding merger?

A

No merger generally, but solicitation and attempt merge.

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2
Q

A legal duty to act can arise from what 5 circumstances?

A
  1. Statute
  2. Contract
  3. Relationship
  4. Voluntary assumption of care
  5. D created the peril
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3
Q

What are the major common law specific intent crimes, and meaning of common law specific intent?

A

(Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts):
1. Solicitation
2. Conspiracy
3. Attempt
4. First degree premeditated murder
5. Assault
6. Larceny
7. Embezzlement
8. False pretenses
9. Robbery
10. Burglary
11. Forgery

Common law specific intent: Intent to engage in proscribed conduct.

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4
Q

What are the common law malice crimes, and definition of malice?

A
  1. Common law murder
  2. Arson

Common law malice: Reckless disregard for an obvious or high risk that particular harmful result will occur.

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5
Q

What is the definition of common law general intent, and what are 4 major general intent crimes?

A
  1. Battery
  2. Rape
  3. Kidnapping
  4. False imprisonment

AND others not included that are not specific intent, malice, or strict liability crimes.

Common law general intent: Awareness of acting in proscribed manner

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6
Q

What are the 4 MPC fault standards and their definitions?

A

Purposely:
- Conscious object to engage in proscribed conduct
- Subjective

Knowingly:
- Awareness that conduct is of particular nature or will cause a particular result
- Subjective

Recklessly:
- Consciously disregarding a substantial and unjustifiable risk
- Subjective AND objective

Negligently:
- Failure to be aware of a substantial and unjustifiable risk
- Objective

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7
Q

To what crimes does the transferred intent doctrine apply?

A
  1. Homicide
  2. Battery
  3. Arson

(NOT attempt)

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8
Q

Who are the parties to a crime at common law?

A
  1. Principals in the first degree:
    - actually engaged in act or omission or caused an innocent agent to do so
  2. Principals in the second degree
    - aided, advised, or encouraged the principal and were PRESENT at the crime
  3. Accessories before the fact:
    - assisted or encouraged but were NOT PRESENT
  4. Accessories after the fact:
    - with knowledge that other committed a felony, assisted them to escape arrest or punishment

(at common law, conviction of the principal was required for conviction of an accessory, but most jdxns have abandoned this requirement)

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9
Q

Who are the parties to a crime under modern accomplice liability?

A
  1. Principal:
    - commits the illegal act or causes an innocent agent to do so
    - liable for principal crime
  2. Accomplice:
    - aids or encourages principal to commit the illegal conduct
    - liable for principal crime if intended to aid or encourage the crime
  3. Accessory After the Fact:
    - aids another to escape knowing that he has committed a felony
    - liable for separate, less serious crime of being an accessory after the fact
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10
Q

Mental state required to be convicted as an accomplice?

A

Dual Intent:
1. intent to assist the principal in the commission of the crime; and
2. intent that the principal commit the substantive offense

If substantive offense has recklessness or negligence as its mens rea:
1. intended to facilitate the commission of the crime; and
2. acted with recklessness or negligence

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11
Q

A gas station attendant sells a gallon of gasoline to an arsonist with knowledge that the arson will result, what liability for the gas station attendant?

A

No accomplice liability: “mere knowledge” is not sufficient; sale of ordinary goods at ordinary prices not enough.

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12
Q

What is the scope of accomplice liability?

A

Principal crime and what other crimes are probably and foreseeable.

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13
Q

How can a person effectively withdraw from a crime so an not to be held liable as an accomplice?

A
  1. Repudiate: if person encouraged the crime, the person must repudiate the encouragement;
  2. Neutralize: if person aided by providing assistance to the principal, must do everything possible to attempt to neutralize the assistance;
  3. Notifying police or taking other action to prevent the crime is also sufficient.

A mere withdrawal from involvement without taking any additional action is NOT sufficient.

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14
Q

Common law burglary elements?

A
  1. breaking
  2. entry
  3. dwelling
  4. of another
  5. at night
  6. with intent to commit a felony therein.
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15
Q

Common law arson elements?

A
  1. malicious
  2. burning
  3. of the dwelling
  4. of another
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16
Q

Common law larceny elements?

A
  1. taking
  2. carrying away (asportation)
  3. tangible personal property
  4. of another
  5. by trespass
  6. with intent to permanently deprive
17
Q

Embezzlement elements?

A
  1. fraudulent
  2. conversion
  3. of personal property
  4. of another
  5. by a person in lawful possession of that property
18
Q

False pretenses elements?

A
  1. obtaining title
  2. to personal property of another
  3. by an intentional false statement of a past or existing fact
  4. with intent to defraud the other
19
Q

Larceny by trick distinguished from false pretenses?

A

D only obtains custody or possession, not title.

20
Q

Robbery elements?

A
  1. a taking
  2. of personal property of another
  3. from the other’s person or presence (including anything in their vicinity)
  4. by force or threats of immediate death or physical injury
  5. with the intent to permanently deprive them of it
21
Q

Under what amendment does double jeopardy arise, and when does it attach?

A

5th Amendment, incorporated into the 14th Amendment. Attaches when jury has been empaneled and sworn.

22
Q

What are the felony murder crimes?

A

BAARK:
- Burglary
- Arson
- Robbery
- Rape
- Kidnapping

23
Q

Conspiracy elements?

A
  1. agreement two or more persons;
  2. intent to enter into the agreement
  3. intent by at least two persons to achieve the objective of the agreement.
24
Q

Voluntary manslaughter definition?

A

A killing that would be murder but for the existence of adequate provocation.
- threat of deadly force, spouse in bed with another, victim of serious battery, etc.
- D in fact provoked, no sufficient time to cool down.
- D in fact did not cool off

25
Q

When is a killing involuntary manslaughter?

A

When committed:
- with criminal negligence (or recklessness under MPC)
- in some states, during commission of unlawful act that is NOT felony murder

26
Q

Malice aforethought defined?

A

“Malice aforethought” can mean that the defendant is acting with reckless indifference to an unjustifiably high risk to human life.

27
Q

Is voluntary intoxication a defense to crimes requiring malice, recklessness, or negligence?

A

No

28
Q

Under the majority view, criminal liability for murder (CAN/CANNOT) be based on the death of a co-felon from resistance by the victim or police pursuit.

A

Cannot

29
Q

A person may use deadly force in self-defense if:

A

(i) he is without fault, (ii) he is confronted with unlawful force, and (iii) he reasonably believes that he is threatened with imminent death or great bodily harm.

Bar Exam (9 decks)

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