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Crim Law Flashcards

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1
Q

actus reus

A

voluntary act or omission to perform an act required by law

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2
Q

Sources of a duty to act

A
  1. statute or regulation imposing a duty to act
  2. special relationship
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3
Q

Mens rea

A

guilty mind. Mental state in committing a crime

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4
Q

general intent crime

A

intended to perform the prohibited act but the defendant need not to have intended the specific result

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5
Q

Specific intent

A

intent to perform the prohibited act combined with intent to bring about the prohibited result

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6
Q

purposely

A

conscious objective to behave in a way to cause a result

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7
Q

knowingly

A

aware that one’s conduct is practically certain to produce a result

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8
Q

recklessly

A

conscious disregard for a substantial and unjustifiable risk

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9
Q

negligently

A

person should be aware of a substantial and unjustifiable risk

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10
Q

concurrence

A

person must have the necessary mens rea at the time of actus reus

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11
Q

Mistake of fact defense

A

allows a defendant to escape liability if the mistake is reasonable and negates the required mens rea

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12
Q

mistake of law defense

A

usually not valid unless
1. D reasonably relied on a statute or court decision that is later held invalid
2. D reasonably relied on an official interpretation of the law by a government agency
3. OR if the law has not been generally published or otherwise made available

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13
Q

Impossibility defense

A

defendant has a criminal objective but some fact or circumstance unknown to the defendant would prevent the defendant from completing the target offense

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14
Q

Voluntary Intoxication defense

A

allows a defendant to escape liability if his intoxication negates any element to a crime

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15
Q

Involuntary intoxication defense

A

applies if D was
1. tricked into taking drugs
2. coerced into drugs
3. mistakenly takes drugs
4. took prescription without knowledge of side effects
Requires Defendant to either
1. not know the nature or quality of their actions OR
2. not knowing what they are doing is wrong

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16
Q

Diminished capacity defense

A

because of some mental disorder or condition, defendant was unable to form a mens rea of specific intent or some higher level mental state required to commit a crime

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17
Q

Insanity

A

requires defendant to be unable to 1) appreciate and understand the nature of the charges and proceedings and 2) rationally assist defense counsel in defending the case

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18
Q

M’Naghten insanity test

A

as a result of a mental disease or defect
1. defendant did not know the nature or quality of their actions OR
2. he did not know what he was doing was wrong

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19
Q

MPC insanity test

A

as a result of a mental disease or defect the defendant lacks capacity to 1.appreciate the wrongfulness of their conduct OR
2. conform their conduct to the requirements of the law

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20
Q

Necessity defense

A
  1. defendant committed the crime to prevent an imminent and substantial harm
  2. there was no reasonable alternative course of action available AND
  3. the harm caused was less than the harm avoided
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21
Q

Self defense

A

a person may use force in self defense if
1. he actually and reasonably believes
2. that the force is necessary
3. to protect himself from the imminent use of unlawful force by another person

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22
Q

What force can someone use in self defense

A

no more force than necessary to resist another’s use of unlawful force

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23
Q

Duty to retreat

A

a defendant must retreat before using deadly force if they can retreat with reasonable safety. (Unless they are in their own home; castle doctrine )

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24
Q

Defense of Others

A

same as self defense but for other people

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25
Q

Defense of property

A

a person may use non deadly force to defend property if
1. the force is reasonably necessary
2. to prevent imminent
3. and unlawful interference
4. with real or personal property
5. that is in defendant’s possession

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26
Q

hot pursuit doctrine

A

if defendant’s property was just taken and perp is fleeing, defendant may pursue the perp and use reasonable force to recover property

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27
Q

Can a defendant use deadly force to defend property?

A

No unless
1. the theft is accompanied by threat of deadly force OR
2. the person is defending their home

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28
Q

Durress

A

duress is a defense if the defendant acts
1. under imminent threat of death or serious bodily injury
2. to himself or another and
3. reasonably that the harm will occur if the defendant does not perform the criminal act
Only applies if defendant has no reasonable alternative

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29
Q

common law murder

A
  1. the unlawful killing
  2. of a living person
  3. with malice aforethought
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30
Q

Malice aforethought

A
  1. intent to kill
  2. intent to cause serious bodily harm
  3. reckless indifference to human life (Depraved heart)
31
Q

First Degree murder

A
  1. killing with malice aforethought and premeditation and deliberation
  2. a killing committed by torture, chemical weapons, or bombing
  3. OR felony murder
32
Q

Premeditation

A

defendant fully forms the specific intent to kill

33
Q

deliberation

A

defendant reaches the decision to kill after reflecting on the nature of the act and its likely consequences

34
Q

Second degree murder

A

killing with malice aforethought

35
Q

Felony murder elements

A
  1. inherently dangerous felony
  2. death occurs in furtherance of the felony, during the time of the felony, or while fleeing
  3. the death must be a foreseeable consequence of the underlying felony
35
Q

Felony murder

A

holds defendants liable for deaths occurring during the course of an inherently dangerous felony

36
Q

Felony murder merger doctrine

A

Murder must be distinct from the underlying felony. If a felony requires serious bodily harm or imminent threat of bodily harm, then it cannot support felony murder

37
Q

Voluntary manslaughter

A
  1. the intentional killing of a human being
  2. in the heat of a sudden and intense emotional state
  3. generated by an adequate provocation
  4. if the killing occurs before a reasonable cooling off period has elapsed
38
Q

adequate provocation

A

provocation that would arouse the passions of a reasonable person beyond her ability to control

39
Q

criminal negligence manslaughter

A

actually and proximately causing another’s death without malice aforethought but under circumstances manifesting a grossly unreasonable disregard of a foreseeable and unreasonable probability of death

40
Q

unlawful act manslaughter

A

death resulting from the commission of a misdemeanor or non dangerous felony

41
Q

MPC Manslaughter

A

homicide committed
1. recklessly and without circumstances manifesting extreme indifference to the value of human life OR
2. under the influence of extreme mental or emotional disturbance, provided there is a reasonable explanation for the disturbance

42
Q

MPC Negligent homicide

A
  1. defendant fails to perceive a substantial and unjustifiable risk that someone will die due to their conduct and
  2. the failure is a gross deviation from the standard of care that a reasonable person would observe in the same situation
43
Q

larceny

A
  1. the trespassory
  2. taking and
  3. carry away of
  4. the personal property
  5. of another
  6. with the intent to deprive the owner permanently of the property
44
Q

taking RE Larceny

A

defendant exercises control over the property

45
Q

trespassory RE larceny

A

taken from another’s possession without privilege or consent

46
Q

Can it be larceny if the property is illegal?

A

Yes

47
Q

Continual taking RE Larceny

A
  1. defendant commits a trespassory taking
  2. WITHOUT the intent to deprive permanently
  3. but later forms the intent to deprive
    THIS WILL COUNT AS LARCENY
48
Q

Embezzlement

A
  1. fraudulent
  2. conversion
  3. of property
  4. of another
  5. by a person who lawfully possesses the property
49
Q

False pretenses

A
  1. obtaining title
  2. to property of another
  3. through a knowing misrepresentation of a past or present fact
  4. with the intent to defraud
50
Q

Receiving stolen property

A
  1. the receipt of property that was in fact stolen
  2. with knowledge that the property was stolen
  3. and with intent to deprive the owner of the property
51
Q

Forgery

A
  1. creating or altering a document of apparent legal efficacy so that it is not what it purports to be
  2. with the intent to defraud
52
Q

Extortion

A
  1. obtaining or attempting to obtain
  2. property or some financial benefit
  3. by threatening the victim with some future harm
53
Q

Robbery

A

Larceny PLUS
1. property is taken from the person or presence of another
2. by force or intimidation

54
Q

Is theft from a sleeping or unconscious person robbery?

A

No, unless the D caused the unconsciousness

55
Q

Force RE robbery

A

physical action of effort needed to take property from another despite the victims resistance

56
Q

Intimidation RE Robbery

A

victim reasonably apprehends that the D will subject her to imminent injury if she does not surrender the property

57
Q

Will a claim of right to property be a defense to robbery?

A

NO

58
Q

Common law Burglary

A
  1. unlawful breaking and entering
  2. of another’s dwelling
  3. at night
  4. with the intent to commit a felon therein
59
Q

Modern day Burglary

A
  1. unlawful entry
  2. of a building
  3. with intent to commit a crime therein
60
Q

Battery

A
  1. harmful or offensive
  2. physical contact with another
61
Q

Assault

A
  1. an attempted battery OR
  2. intentionally placing another in reasonable apprehension of an imminent battery
62
Q

MPC Simple assault

A
  1. attempt to cause or purposely, knowingly, or recklessly causing another person bodily injury
  2. negligently injuring another with a deadly weapon
  3. OR through physical menace, attempting to cause someone else to fear serious and imminent bodily harm
63
Q

Common Law Rape

A
  1. sexual intercourse
  2. with a woman
  3. without her consent
  4. by means of force or threat of force and
  5. by a man not her husband
64
Q

MPC Rape

A

having sex with a person
1. by force or threat
2. by using intoxicants to substantially impair the victim
3. if the victim is unconscious
4. OR if the victim is under the age of 10

65
Q

Kidnapping

A
  1. the intentional unlawful taking
  2. and movement or confinement of another
66
Q

arson

A
  1. the malicious
  2. burning or exploding
  3. of a dwelling or building
  4. of another
67
Q

Who is the principal in a crime

A

the person who possesses the mens rea and commits the actus reus

68
Q

Accomplice

A

someone who knowingly aids, assists, encourages someone, with the specific intent that that person succeed in committing a crime

69
Q

to what extent is an accomplice liable for a crime

A

to the same extent as the principal

70
Q

Natural and probable consequences doctrine

A

holds accomplices liable for additional crimes that are the natural and probable consequence and are committed in furtherance of the underlying crime

71
Q

Accomplice Withdrawal

A

requires an accomplice to
1. undo or nullify any assistance provided
2. before the crime becomes inevitable

72
Q

Accessory after the fact

A
  1. harboring or concealing the principal
  2. providing means to avoid detection
  3. concealing or destroying evidence
  4. warning the principal of impending discovery
  5. giving false info to law enforcement
    THIS IS AN INDEPENDENT CRIME, NO ACCOMPLICE LIABILITY
73
Q
A

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