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Bar Exam > Crim Law > Flashcards

Crim Law Flashcards

1
Q

Jurisdiction

A

Act constituting an element of the offense was committed in the state

or

caused a result in the state

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2
Q

Merger

A

Common law
- misdemeanor merges into the felony

Modern law
-cannot be convicted of both solicitation and completed crime or attempt and completed crim

MPC
- cannot be convicted of more than one inchoate crime (attempt, conspiracy, soliciation)

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3
Q

Felony v Misdemeanor

A

Felony - punishable by death or prison for more than one year

Misdemeanor - less than or equal to one year

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4
Q

Elements of a crime

A

Physical act (actus reus)
Mental state (mens rea)
concurrence of the act and mental state

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5
Q

Physical Act

A

Voluntary act or failure to act when there is a legal duty

legal duty
-statute
-contract
-relationship
-voluntary assumption of care
-defendant created the peril

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6
Q

Specific intent

A

Important because 2 additional defenses
- involuntary intoxication
- unreasonable mistake of fact

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts
- Solicitation
- Conspiracy
- Attempt
- First degree murder
- Assault
- Larceny
- Embezzlement
- False pretenses
- Robbery
- Burglary
- Forgery

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7
Q

Malice

A

Common law murder and arson
- reckless disregard for an obvious or high risk that the particular harmful result will occur

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8
Q

MPC fault (subjective)

A

Purposely
-conscious object to engage in certain conduct or cause certain result

Knowingly
- aware that conduct is of a particular nature or will cause a particular result

Recklessly
-conscious disregard of a substantial and unjustified risk

Negligence (objective)
- failed to be aware of a substantial and unjustified risk

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9
Q

Transferred intent

A

Intend the harm that was caused, but to a different victim or object

homicide, battery, arson

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10
Q

Accomplice parties

A

common law
-principals in the first - actually engaged
-principals in the second - aid, advised, or encouraged and were present
-accessories before the fact - assisted and encouraged but were not present
-accessories after the fact - knowledge of felony and assisted in escape

Modern
-principal - actually engages
-accomplice - aids, advises, encourages

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11
Q

Accomplice liability

A

1) intent to asset principal
2) intent that principal commit the crime

mere knowledge that a crime will result is not enough unless have a stake in the venture

liable for their crime and all other probable and foreseeable crimes committed

Withdrawal
- has to be before the crime becomes unstoppable
-must repudiate encouragement, attempt to neutralize assistance, notify police, or take other action to prevent

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12
Q

Conspiracy

A

1) agreement
2) intent to enter into the agreement
3) an intent to achieve the objective

Modern - unilateral approach
- one party needs criminal intnet
traditional - bilateral approach
- two guilty minds

common law - act complete when agreement made

majority - overt act in furtherance, act of mere preparation is enough

liable for others crimes - in furtherance and foreseeable

defenses
- no withdrawal but can be a defense to future crimes made in furtherance - notify all members in time for them to abandon, neutralize assistance

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13
Q

Solicitation

A

Asking, inciting, counseling, advising, urging, or commanding another to commit a crime with the intent that the person commits the crime
- if agree, becomes conspiracy

defenses
- mpc recognizes renunciation if it prevents the commission

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14
Q

Attempt

A

intent to comity a crime that falls short of completion

specific intent + overt act beyond mere preparation

traditionally - proximity test 0 dangerously close to successful completion

mpc - substantial step

defenses
-abandonment - not at common law
mpc - fully voluntary and complete abandonment
-legal impossibility - not a crime

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15
Q

Common law murder

A

Malice aforethought
- no facts reducing to voluntary manslaughter and no excuse

and

state of mind
- intent to kill
- intent to inflict great bodily injury
- reckless indifference to an unjustifiably high risk to human life
- intent to commit a felony

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16
Q

Statutory Murder

A

First degree
- deliberate and premeditated - intent or knowledge that conduct would cause death

First degree felony murder
- killing during commission of an enumerated felony
- generally burglary, arson, rape, robbery, kidnapping

Second degree
- reckless indifference to an unjustifiable high risk of human life
- any others that do not fall under first

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17
Q

Felony murder

A

death caused in the commission or in attempt to commit felony

limitation
- defense to felony is a defense to the murder
- felony must be distinct from murder
- death must be foreseeable result of felony
- death must have been caused before the defendant’s immediate flight
- generally, not liable under felony murder when co-felon is killed as a result of resistance

Proximate cause theory - liable for deaths of innocent victims caused by someone other than co felon

agency theory - liable for deaths committed by felon or agent

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18
Q

Voluntary manslaughter

A

existence of adequate provocation

  • provocation would arouse sudden and intense passion in mind of ordinary person
  • D was in fact provoked
  • no time to cool off
  • did not cool off

imperfect self defense
1) d was at fault in starting altercation
2) d unreasonably but honestly believed in the necessity of using deadly force

19
Q

Involuntary manslaughter

A

with criminal negligence (recklessness under mpc) or in some states, during the commission of an unlawful act that is not within the felony murder rule

substantial risk of death compared to high risk in murder

20
Q

Assault

A

attempt to commit battery or intentional creation of a reasonable apprehension of imminent bodily harm - more than mere words

specific intent

aggravated
- deadly weapon
- intent to rape, maim, or murder

20
Q

Battery

A

unlawful application of force resulting in bodily injury or offensive touching

general intent

aggravated
- deadly weapon
-serious bodily injury
-child, woman, police officer

21
Q

False imprisonment

A

unlawful confinement without consent

mpc- must interfere substantially with the victim’s liberty

22
Q

Kidnapping

A

unlawful confinement involving some movement of the victim or concealment of the victim in a secret place

aggravated
-for ransom
-to commit another crim
-for offensive purpose
-of a child

23
Q

Rape

A

slightest penetration without consent

common law and mpc - husband cannot rape - most states reject this rule

24
Q

Larceny

A

a taking and carrying away of tangible personal property of another in custody of possession by trespass with intent to permanently deprive at the time of taking

not larceny if belief it is yours or have right to it

continued trespass
-take with intent to borrow then end up keeping - larceny
- taking not wrongful (think it is yours) then decide to keep - not larceny

25
Q

Embezzlement

A

Fraudulent conversion of personal property of another by a person in lawful possession of that property

-does not require carrying away, just possession
-embezzler does not have to get the benefit
-not embezzlement if there is a claim of right

26
Q

False Pretenses

A

Obtaining title to personal property of another by an intention false statement or past or existing fact within intent to defraud

  • mpc allows false promise to perform in future
27
Q

Larceny by trick

A

tricked into giving up custody or possession

contrast with false pretenses - tricked into giving up title

28
Q

Robbery

A

Taking of personal property from the other’s person or presence by force of threats of immediate death or physical injury with the intent to permanently deprive them

29
Q

Extortion

A

Common law - corrupt collection of an unlawful fee by an officer under color of office

modern - obtaining property by means of threats to do harm or expose information - blackmail

contrast with robbery - extortion is threat of future harm and does not have to be in the presence of the victim, robbery is threat of immediate harm

30
Q

Receipt of stolen property

A

receiving possession and control of stolen person property known to have been obtained unlawfully, by another person with the intent to permanently deprive

stolen at the time D receives it

31
Q

Forgery

A

making or altering a writing with apparent legal significance so that it is false with the intent to defraud

32
Q

Burglary

A

Breaking and entry of a dwelling of another at night with the intent to commit a felony at the time of breaking and entering

33
Q

Arson

A

malicious burning of the dwelling or structure of another

damage required - charring sufficient

intentional or reckless disregard of an obvious risk

34
Q

Insanity

A

Mental illness resulting in acquittal

MNaghten - right wrong test
- does not know right from wrong or does not understand his action

irresistible impulse test - self control test
- impulse D cannot resist

Durham test - products test
- but for the mental illness, d would not have done the act

ALI/MPC
- combination of MNaughten and irresistible impulse

35
Q

Intoxication

A

When intoxication negates one of the elements of the crime

voluntary
- defense to specific intent
- not defense to general intent or malice

Involuntary
- can be a defense to all crimes
- treat like insanity

36
Q

Infancy

A

CL
under 7 - no liability
7-14 - rebuttable presumption that unable to understand wrongfulness
14+ - treated as adults

Modern
no child can be convicted under 13 or 14 for adult crimes
can be delinquent

37
Q

Self Defense

A

Nondeadly
- reasonable believes is necessary to protect from imminent use of unlawful force
- no duty to retreat

deadly force
- without fault confronted with unlawful force and reasonable believe threat of imminent death or great bodily harm
- minority duty to retreat unless in own home, attack during lawful arrest, or robbery

38
Q

Right of aggressor to use self defense

A

must effectively withdraw and communicate desire to do so or victim suddenly escalate and initial aggressor has no chance to withdraw

39
Q

Defense of dwelling

A

only nondeadly force

deadly only if personal attack

40
Q

Entrapment

A

Intent originated with law enforcement officers and the D was no predisposed to commit prior to contact by government

41
Q

Perjury

A

intentional taking of a false oath in regard to a material matter in a judicial proceeding

subordination of perjury - procuring or inducing another to commit perjury

42
Q
A

Bar Exam (12 decks)

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