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mbe > Crim Law > Flashcards

Crim Law Flashcards

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MBE flashcards
1
Q

Homicide

A

An act that caused someone’s death. Either through murder or manslaughter.

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2
Q

Murder types

A

Intent to kill, intent to cause serious bodily injury, felony murder and depraved heart

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3
Q

Intent to kill

A

This is the “premeditated murder.” There has to be the specific intent to kill

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4
Q

Intent to cause serious bodily injury

A

There was an intent to commit serious bodily injury which result in death

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5
Q

Felony murder

A

A death resulting from the commission of a dangerous felony

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6
Q

Felonies for felony murder (BARRK)

A

Burglary, arson, rape, robbery, and kidnapping

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7
Q

Depraved Heart

A

Reckless disregard of human life (NO INTENT)

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8
Q

Reckless vs. Negligent

A

Reckless = knew or should have known that people were present and could die (malice)
Negligent = No presence of people

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9
Q

Manslaughter Types

A

Voluntary manslaughter and involuntary manslaughter

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10
Q

Voluntary Manslaughter elements

A

Provocation, heat of passion, and no time to cool off

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11
Q

Involuntary manslaughter

A

Negligent conduct that caused a death

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12
Q

Inchoate crimes

A

Attempt, conspiracy, and solicitation

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13
Q

Attempt Elements

A

(1) intent to commit crime and (2) took substantial step to commit crime

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14
Q

Attempt Merger

A

Attempt merges into crime. Once crime has been committed, you will only be charged for the committing of the crime, not the attempt.

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15
Q

Conspiracy

A

2+ people agree to commit a crime with the specific intent to do so

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16
Q

If one of the parties does not have intent, there is no attempt UNLESS

A

MPC-Unilateral theory of conspiracy applies, under which one person on their own will be guilty of conspiracy if they have gained the intent to commit the crime

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17
Q

Co-Conspirator Rule

A

Any crime committed by one of the conspiring parties will mean guilt for both parties if the crime was committed in furtherance of the conspiracy (if it was foreseeable)

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18
Q

Withdrawal, generally

A

You cannot withdraw from the crime of conspiracy

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19
Q

Withdrawal, exception

A

You will always be guilty of conspiracy, but you can withdraw from the crimes that you were conspiring to commit as long as you provide notice to police or the other conspiring party

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20
Q

Solicitation

A

Offering, enticing, or encouraging a person to commit a crime with the intent that the other person do so

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21
Q

Burglary elements

A

breaking and entering, the dwelling of another, at night, with intent to commit a felony

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22
Q

What is considered “breaking”?

A

Opening or enlarging an opening

23
Q

What is considered “entering”?

A

Any part of your body crossing the threshold

24
Q

What about intent in burglaries?

A

No need to commit the actual felony, but there needs to be intent to commit felony while breaking and entering

25
Q

Larceny

A

Trespassory taking away of personal property with intent to permanently deprive

26
Q

What is considered “taking away”?

A

Touching and slightly moving with intent to steal

27
Q

Intent to permanently deprive

A

When one takes property with the intent to return it, and later keeps it, larceny arises at the moment that the defendant decides not to return the property

28
Q

If someone believes, even if mistakenly, that the property belongs to someone who is authorizing them to take it?

A

The intent to deprive required for larceny does not exist

29
Q

Robbery

A

Intentionally taking away personal property with force or intimidation

30
Q

If the person is not actually intimidated or there is no force, then

A

It is not a robbery

31
Q

Assault

A

Intent to commit a battery OR place another in imminent apprehension

32
Q

Words alone are not enough

A

There must be evidence that you can follow through with your threats

33
Q

Larceny by Trick

A

Taking possession via misrepresentation of fact

34
Q

False Pretenses

A

Obtaining title via misrepresentation of fact

35
Q

Embezzlement

A

Initially in possession with permission, then convert to own use

36
Q

Example of embezzlement

A

Misappropriation of client funds

37
Q

Accomplice Liability/Accessory before the fact

A

Aid, abet, or help someone commit a crime

38
Q

If underlying crime is committed, the accomplice

A

will be guilty of underlying crime committed

39
Q

Accessory after the fact

A

Person knows of the crime that was committed and does something to stop arrest or conviction

40
Q

Accessory after the fact and knowledge

A

Knowledge of crime, or not calling cops, is not enough, they need to actually help to evade conviction

41
Q

General Intent crimes, generally

A

Everything is specific intent except (1) Battery, (2) arson, (3) rape, (4) kidnapping, (5) voluntary manslaughter, (6) involuntary manslaughter, and (7) depraved heart murder.

42
Q

Battery

A

Unlawful application of force without permission

43
Q

Arson

A

Malicious burning of the dwelling of another

44
Q

Arson knowledge

A

No intent necessary, but you knew or should have known a fire could result

45
Q

Rape

A

If you committed the crime, you are guilty whether you intended to commit the rape or not

46
Q

Kidnapping

A

If you committed the crime, you are guilty whether you intended to commit the kidnapping or not

47
Q

Defenses to general and specific intent crimes

A

Intoxication, Insanity, Mistake, Impossibility

48
Q

Intoxication

A

Applies to specific intent crimes only

49
Q

Insanity

A

You cannot appreciate the nature and quality of what you did because you do not know it is wrong

50
Q

Mistake in Specific Intent

A

Any mistake, whether reasonable or not, will be a reasonable defense

51
Q

Mistake in General Intent

A

You have to prove mistake was reasonable for it to be a reasonable defense

52
Q

Legal Impossibility

A

No matter what I did, it does not amount to a crime because it does not meet the elements

53
Q

Factual Impossibility

A

The facts were not what I thought, but I still committed the crime

54
Q

Legal impossibility vs. factual impossibility

A

Legal impossibility is always a defense (b/c no crime was committed) and factual impossibility is never a defense (b/c crime was committed)

mbe (8 decks)

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