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Crim Law Flashcards

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1
Q

Elements of a Crime
Acronym

MACAC

A

Elements of a Crime
Acronym MACAC, Mens, Actus, Causation, Attendant, Concurrence
Actus Reus - the wrongful act; or the wrongful failure to act (question of fact)
Mens Rea - the mental state / intent at the time of conduct (question of fact)
Causation - did the actus reus cause the prohibited outcome? Causation in criminal law is stricter than in civil law because lives are at stake
Attendant Circumstances - conditions that must be present to make the actus reus violative / make the other elements operative
Concurrence - these elements must all must occur together

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2
Q

Actus Reus Elements

VAOR

A

Actus Reus Elements (VAOR, Voluntary, Affirmative, Omission, Result)
A voluntary,
Affirmative act OR
An omission (failure to act) that
Causes a criminally prescribed result

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3
Q

The following are NOT voluntary acts (

RUNPH

A

The following are NOT voluntary acts (RUNPH, Reflex, Unconsciousness, Not Product, Hypnosis)
A reflex or convulsion
A bodily movement during unconsciousness or sleep
Conduct during hypnosis or resulting from hypnotic suggestion
A bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual

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4
Q

Sources of legal duty to provide care (

FaCaVoCo

A

Sources of legal duty to provide care (FaCaVoCo, Family, Caretaker, Voluntary, Contract)
Family Relationship
Status Relationship Between Caretaker and Person to Be Cared For
Contract To Provide Care
Voluntary Assumption of Responsibility

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5
Q

Omission as a crime (Model Penal Code)
Elements

ED DI

A

Omission as a crime (Model Penal Code)
Elements (ED DI, Expressly Defining [or] Duty Imposed)
Liability for the commission of an offense may not be based on an omission unaccompanied by action unless
The omission is expressly made sufficient by the law defining the offense
OR
A duty to perform the omitted act is otherwise imposed by law

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6
Q

Four categories of Specific Intent crimes

FIAT

A

Four categories of Specific Intent crimes (FIAT, First, Inchoate, Assault, Theft)
First-degree murder - not all murders
MBE questions will expressly state whether the defendant has been charged with first-degree murder
Inchoate Crimes (CAtS, Conspiracy, Attempt, Solicitation):
Conspiracy
Attempt
Solicitation
Assault with attempt to commit battery
Theft offenses: e.g., larceny, embezzlement, forgery, burglary, robbery

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7
Q

Inchoate Crimes

CAtS

A

Inchoate Crimes (CAtS, Conspiracy, Attempt, Solicitation):
Conspiracy
Attempt
Solicitation

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8
Q

Only two malice crimes

AM

A

Only two malice crimes (AM): Arson and Murder

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9
Q

Hierarchy of Culpable Mental States (Model Penal Code)

PKRN

A

Hierarchy of Culpable Mental States (Model Penal Code) (PKRN)
Purpose - highest level of culpability
Knowledge -
Recklessness -
Negligence - lowest level of culpability
And some strict liability crimes

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10
Q

Purposely

CORC

A

Purposely (CORC, Conscious Objective, Conduct, Result)
The defendant’s conscious objective is to engage in the conduct or to cause a certain result

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11
Q

Knowingly or Willfully

ANPR

A

Knowingly or Willfully (ANPR, Aware, Nature, Practically Certain)
The defendant is aware that:
Her conduct is of the nature required to commit the crime; and
The result is practically certain to occur from this conduct

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12
Q

Negligently

SA SU GD RP

A

Negligently (SA SU GD RP, Should Aware, Substantial Unjustifiable, Grossly Deviates, Reasonable Person)
The defendant should be aware of a substantial and unjustifiable risk and acts in a way that grossly deviates from the standard of care of a reasonable person in the same situation

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13
Q

Two categories of merger

LI

A

Two categories of merger (LI, Lesser, Inchoate):
Lesser-included offenses; and
The merger of an inchoate and a completed offense

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14
Q

Three potential parties to a crime

FAP

A

Three potential parties to a crime (FAP, Fact, Accomplice, Principal)
Principal
Conspirators are treated as a principal, guilty regardless of whether the crime was committed or not
Accomplice
Accessory after the fact

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15
Q

Accomplice Withdrawal Requirements - The accomplice must

RCB

A

Accomplice Withdrawal Requirements - The accomplice must (RCB, Repudiate, Countermand, Before)
Repudiate prior aid
Do all that is possible to countermand prior assistance; and
Do so before the chain of events is in motion and unstoppable

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16
Q

In addition to accomplice liability for the substantive crime, individuals who aid or abet a defendant to commit a crime may also be guilty of the separate crime of conspiracy if there was an

AOA

A

In addition to accomplice liability for the substantive crime, individuals who aid or abet a defendant to commit a crime may also be guilty of the separate crime of conspiracy if there was an (AOA, Agreement, Overt Act)
Agreement to commit the crime; AND
An overt act was taken in furtherance of that agreement

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17
Q

The Mental States of Accomplices
Majority and MPC Approaches - the accomplice must:

APFI

A

The Mental States of Accomplices
Majority and MPC Approaches - the accomplice must: (APFI, Act, Promoting or Facilitating, Intend)
Act with the purpose of
Promoting or facilitating the commission of the offense; AND
The accomplice must intend that her acts will assist or encourage the criminal conduct

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18
Q

The Mental States of Accomplices
Minority Approach - the accomplice is liable if

IKAC

A

The Mental States of Accomplices
Minority Approach - the accomplice is liable if (IKAC, Intentionally or Knowingly, Aids or Causes)
He intentionally or knowingly
Aids or causes another person to commit an offense

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19
Q

A mistake of law is only a defense if

OIDN

A

A mistake of law is only a defense if (OIDN, Order, Interpretation, Definition, Negates)
The defendant relied on a court decision/administrative order or official interpretation
A statutory definition of a malum prohibitum crime was not available before the defendant’s conduct; OR
An honestly held mistake of law negates the required intent or mental state

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20
Q

Insanity
Four Different Tests

MIDC

A

Insanity
Four Different Tests (MIDC, M’Naghten, Irresistible, Durham, Code):
M’Naghten: Defendant either did not know the nature of the act or did not know that the act was wrong because of a mental disease or defect
M’Naghten Test: most important test to determine if Defendant understood right from wrong, a purely cognitive test that evaluates Defendant’s knowledge; does not consider volition
To establish an insanity defense, it must be proved that the accused was (LNQW, Laboring, Nature, Quality, Wrong)
laboring under such a defect of reason, from disease of the mind, as
Not to know the nature and quality of the act he was doing; OR
If he did know, he did not know it was wrong
Irresistible Impulse: Defendant has a mental disease or defect that prevents the defendant from controlling himself.
Defendant is not guilty if he (SFMC, Self, Free, Mental, Conform)
Lacked the capacity for self-control and free choice
BECAUSE
Mental disease or defect
Prevented him from being able to conform his conduct to the law
Durham Rule: Defendant would not have committed the crime but for his having a mental disease or defect (rarely used because so defendant-friendly)
Model Penal Code: Due to a mental disease or defect, the defendant did not have substantial capacity to appreciate the wrongfulness of his actions or to conform his conduct to the law
MPC Insanity Test is a combination of the irresistible impulse test and the M’Naghten Test
MPC Insanity Elements (DMCWC, Due, Mental, Capacity, Wrongfulness, Conduct):
Due to a
Mental disease or defect
Defendant did not have substantial capacity
To appreciate the wrongfulness of his actions OR
To conform his conduct to the law
All four tests require that the defendant have a mental disease or defect. Being a sociopath is not enough to constitute insanity.

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21
Q

M’Naghten Test: most important test to determine if Defendant understood right from wrong, a purely cognitive test that evaluates Defendant’s knowledge; does not consider volition
To establish an insanity defense, it must be proved that the accused was

LNQW

A

M’Naghten Test: most important test to determine if Defendant understood right from wrong, a purely cognitive test that evaluates Defendant’s knowledge; does not consider volition
To establish an insanity defense, it must be proved that the accused was (LNQW, Laboring, Nature, Quality, Wrong)
laboring under such a defect of reason, from disease of the mind, as
Not to know the nature and quality of the act he was doing; OR
If he did know, he did not know it was wrong

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22
Q

Irresistible Impulse: Defendant has a mental disease or defect that prevents the defendant from controlling himself.
Defendant is not guilty if he

SFMC

A

Irresistible Impulse: Defendant has a mental disease or defect that prevents the defendant from controlling himself.
Defendant is not guilty if he (SFMC, Self, Free, Mental, Conform)
Lacked the capacity for self-control and free choice
BECAUSE
Mental disease or defect
Prevented him from being able to conform his conduct to the law

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23
Q

MPC Insanity Test is a combination of the irresistible impulse test and the M’Naghten Test
MPC Insanity Elements

DMCWC

A

MPC Insanity Test is a combination of the irresistible impulse test and the M’Naghten Test
MPC Insanity Elements (DMCWC, Due, Mental, Capacity, Wrongfulness, Conduct):
Due to a
Mental disease or defect
Defendant did not have substantial capacity
To appreciate the wrongfulness of his actions OR
To conform his conduct to the law

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24
Q

Common Law Conspiracy Elements

JoCK

A

Common Law Conspiracy Elements (JoCK, Joined, Commit, Knowing)
Defendant joined in an agreement or plan with one or more others
Purpose was to commit crime (or to do something not itself criminal by unlawful means)
Defendant joined the conspiracy knowing the unlawful plan and intending to help carry it out

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25
Q

Irresistible Impulse: Defendant has a mental disease or defect that prevents the defendant from controlling himself.
Defendant is not guilty if he (

SFMC

A

Irresistible Impulse: Defendant has a mental disease or defect that prevents the defendant from controlling himself.
Defendant is not guilty if he (SFMC, Self, Free, Mental, Conform)
Lacked the capacity for self-control and free choice
BECAUSE
Mental disease or defect
Prevented him from being able to conform his conduct to the law

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26
Q

Wharton’s Rule

A

Wharton’s Rule - a crime that requires two people, such as prostitution, cannot amount to a conspiracy on its own

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27
Q

Majority/MPC Adds to Common Law Conspiracy Elements

UFO

A

Majority/MPC Adds to Common Law Conspiracy Elements (UFO, Unilateral, Felony, Overt)
An overt act was performed in furtherance of the conspiracy or conspiratorial crime is a felony, AND
Unilateral conspiracies suffice

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28
Q

Model Penal Code Conspiracy Elements

FACAFF

A

Model Penal Code Conspiracy Elements (FACAFF, Facilitate, Agrees, Co-conspirators, Aid, Furtherance, Felony)
Defendant intends to facilitate the target offense
Defendant agrees that
One or more co-conspirators will commit the target offense
OR
That Defendant will aid co-conspirators in the planning or commission of the target offense
AND
An overt act was performed in furtherance of the conspiracy, OR
Conspiratorial crime is a felony

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29
Q

Attempt is a specific intent crime
Requirements of Attempt

ICSS

A

Attempt is a specific intent crime
Requirements of Attempt (ICSS, Intent to Commit, Substantial Step)
Specific intent to commit particular criminal act and
Substantial step towards perpetrating that crime

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30
Q

Common Law Attempt Elements (Alternate)

SOPA

A

Common Law Attempt Elements (Alternate) (SOPA, Specific, Overt, Part, Actually)
Defendant had the specific intent to commit the target offense
Defendant performed an act that was
an overt act toward committing the target offense,
an act that was part of carrying out the crime,
an act that came reasonably close to actually carrying out the crime

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31
Q

Elements of Joint Venture under both Common Law and Model Penal Code

PI

A

Elements of Joint Venture under both Common Law and Model Penal Code (PI, Participated, Intent)
Defendant knowingly participated in some meaningful way in the commission of the crime, AND
Defendant did so with the specific intent to commit the crime (even if the crime itself is a general intent crime)

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32
Q

1st Degree Murder Statutorily Typically/Usually defined as

DPF

A

1st Degree Murder Statutorily Typically/Usually defined as (DPF, Deliberate and Premeditated, or Felony):
A deliberate and premeditated murder, or
A killing that results during the commission of an inherently dangerous felony (i.e. felony murder is frequently classified as first degree murder)

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33
Q

Four States of Mind that Establish Malice Aforethought

KBLF

A

Four States of Mind that Establish Malice Aforethought (KBLF, Kill, Bodily, Life, Felony)
Intent to kill: the defendant acted with the desire that the victim end up dead
Intent does not need to be premeditated; it can be formed in the moment before the killing
Intent to Inflict serious bodily harm: the defendant intended to hurt the victim badly, and the victim died
Reckless Indifference to Human Life: aka Abandoned or malignant heart or depraved heart: the defendant acted with a cavalier disregard for human life and a death resulted (CDHL, Cavalier Disregard Human Life)
Defendant must realize that his conduct is really risky but need not have any intent regarding the outcome of his actions
Majority and MPC: defendant must actually realizes that there is a danger
Minority: a reasonable person would have recognized the danger
Reckless conduct on its own is not typically sufficient to rise to the level of “depraved heart,” absent an aggravating component such as intoxication
Depraved Heart Murder (official specific definition): A killing that results from reckless indifference to an unjustifiably high risk to human life. The majority rule requires the defendant to be aware of the danger involved
Felony: the death occurred during the commission or attempted commission of a dangerous felony
BARRK Felonies (BARRK)
Burglary
Arson
Robbery
Rape
Kidnapping
The dangerous felony must be independent of the killing itself, meaning that the elements of the felony act itself cannot be the immediate cause of death; thus, a homicide that results in the midst of no felony except for battery would not be felony murder because the battery is not independent of the homicide
Deaths caused by other felonies get the label of misdemeanor manslaughter
Felony murder can involve
Someone who resists the felony
When a bystander is killed during a felony
Third person killed by the resister or police (minority rule)
Majority-agency theory: a defendant is only responsible for the crimes of the defendant’s agents. Because the victim, police, or third party are not the defendant’s agents, the defendant is not responsible for their conduct
If a co-felon is killed by a resister or a police officer
Majority - defendant is not guilty of felony murder
Minority - defendant might be guilty of felony murder

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34
Q

Reckless Indifference to Human Life: aka Abandoned or malignant heart or depraved heart: the defendant acted with a cavalier disregard for human life and a death resulted

CDHL

A

Reckless Indifference to Human Life: aka Abandoned or malignant heart or depraved heart: the defendant acted with a cavalier disregard for human life and a death resulted (CDHL, Cavalier Disregard Human Life)
Defendant must realize that his conduct is really risky but need not have any intent regarding the outcome of his actions
Majority and MPC: defendant must actually realizes that there is a danger
Minority: a reasonable person would have recognized the danger
Reckless conduct on its own is not typically sufficient to rise to the level of “depraved heart,” absent an aggravating component such as intoxication

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35
Q

BARRK Felonies

BARRK

A

BARRK Felonies (BARRK)
Burglary
Arson
Robbery
Rape
Kidnapping

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36
Q

Murder I under Common Law
Aggravating Factors that make Murder I

PEA FDFM

A

Murder I under Common Law
Aggravating Factors that make Murder I (PEA FDFM, Premeditation, Extreme Atrocity, First Degree Felony Murder)
Premeditation
Extreme Atrocity or Cruelty
First Degree Felony Murder

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37
Q

Murder I By Premeditation Elements

PIK C

A

Murder I By Premeditation Elements (PIK C, Premeditation, Intent to Kill, Causation)
Causation: D caused the death
Malice, Prong 1: D intended to kill
Premeditation: D acted with “deliberately premeditated malice aforethought”

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38
Q

Prongs of Malice - only one is necessary to show malice, and therefore murder

KGL F

A

Prongs of Malice - only one is necessary to show malice, and therefore murder (KGL F, Kill, Grievous, Likelihood, Felony)
1st prong: Actual Intent to Kill
2nd prong: Intent to inflict grievous bodily injury
3rd prong: Intent to do an act that creates a plain and strong likelihood of death
4th prong: Felony Murder

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39
Q

The logical sequence of Premeditation

CWRA

A

The logical sequence of Premeditation (CWRA, Conceives, Weighs, Resolves, Acts)
D conceives the idea of killing
D weighs the pros and cons
D resolves to do it
D acts on his resolution

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40
Q

Murder I by Extreme Atrocity or Cruelty Elements

C ME

A

Murder I by Extreme Atrocity or Cruelty Elements (C ME, Causation, Malice, Extreme)
Causation: D caused the death
Malice: D acted with any of the three prongs of malice
Extreme Atrocity or Cruelty: D acted with extreme atrocity or cruelty

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41
Q

Forms of Extreme Atrocity or Cruelty

IP CD EI NB MF I D

A

Forms of Extreme Atrocity or Cruelty (IP CD EI NB MF I D, Indifference Pleasure, Consciousness Degree, Extent Injuries, Number Blows, Manner Force, Instrument, Disproportion; I Play Congo Drums Extensively. I Notice Bad Mother Fuckers In Dartmouth.)
Indifference to or taking pleasure in the victim’s suffering
Consciousness and degree of suffering of the victim
Extent of physical injuries
Number of blows
Manner and force with which delivered
Instrument employed
Disproportion between the means needed to cause death and those employed

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42
Q

First Degree Felony Murder Elements

FM DD DO

A

First Degree Felony Murder Elements (FM DD DO, Felony Maximum, Dangerous, Disregard, Death Occurred)
D Committed or Attempted a Felony with a maximum sentence of death or life imprisonment
Either
The felony was inherently dangerous to human life
OR
D acted with a conscious disregard for the risk to human life
Death occurred during D’s commission or attempt of that felony
Note: No malice is required for first degree felony murder. Intent to commit the underlying felony substitutes for the malice ordinarily required for murder
First Degree Felony Murder is a homicide that takes place unintentionally during the commission of a felony, and results in defendant being charged with Murder I

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43
Q

Elements of Murder II

CM

A

Elements of Murder II (CM, Causation, Malice)
Causation: D Caused the Death
Malice: D Acted with any of the three prongs of malice
Murder II By Second Degree Felony Murder (FL DD DO, Felony Less, Dangerous, Disregard, Death Occurred
D Committed or attempted a felony punishable by something less than death or life imprisonment
Either
The felony was inherently dangerous to human life
OR
D acted with a conscious disregard for the risk to human life
Death occurred during D’s commission or attempt of that felony
Note: No malice is required for second degree felony murder. Intent to commit the underlying felony substitutes for the malice ordinarily required for murder

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44
Q

Murder II By Second Degree Felony Murder

FL DD DO

A

Murder II By Second Degree Felony Murder (FL DD DO, Felony Less, Dangerous, Disregard, Death Occurred
D Committed or attempted a felony punishable by something less than death or life imprisonment
Either
The felony was inherently dangerous to human life
OR
D acted with a conscious disregard for the risk to human life
Death occurred during D’s commission or attempt of that felony
Note: No malice is required for second degree felony murder. Intent to commit the underlying felony substitutes for the malice ordinarily required for murder

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45
Q

Voluntary Manslaughter
Essential Elements

UMM

A

Voluntary Manslaughter
Essential Elements (UMM, Unlawful, Malice, Mitigating)
Unlawful killing of another
With malice aforethought, BUT
With mitigating circumstances (i.e. Heat of Passion or imperfect defense)

46
Q

When is Voluntary Manslaughter a stand alone offense (and not a lesser-included offense to murder)?
Elements

Triple-I C

A

When is Voluntary Manslaughter a stand alone offense (and not a lesser-included offense to murder)?
Elements (Triple-I C, Intentionally Inflicted Injury, Causation)
D intentionally inflicted an injury likely to cause death AND
Causation: D caused death

47
Q

What sets Voluntary Manslaughter apart from Murder II under Common Law?
Anger, fear, fright, etc. eclipsed Defendant’s capacity to form the malice required for murder.
AKA, it would be Voluntary Manslaughter if…

PPTC

A

What sets Voluntary Manslaughter apart from Murder II under Common Law?
Anger, fear, fright, etc. eclipsed Defendant’s capacity to form the malice required for murder.
AKA, it would be Voluntary Manslaughter if… (PPTC, Passion, Provocation, Time, Cool)
Sudden transport of passion or heat of blood
Legally adequate provocation
No time for cooling off
AND
Defendant did not cool off

48
Q

Involuntary Manslaughter Basic Elements

UNU

A

Involuntary Manslaughter Basic Elements (UNU, Unintentional, Negligence, Unlawful):
Unintentional homicide committed
EITHER
With criminal negligence (or recklessness under MPC); OR
During an unlawful act
Criminal negligence requires GROSS negligence, which is a higher degree of negligence than Tort Negligence, but lower than depraved heart conduct

49
Q

Criminal Negligence under Model Penal Code

ReGroS LSA

A

Criminal Negligence under Model Penal Code (ReGroS LSA, Reckless, Gross, Standard, Law-abiding, Situation, Actually):
Defendant’s reckless act
Which is a gross deviation
From the Standard of conduct
That a law-abiding person would observe
In the defendant’s situation
When the defendant was actually aware of the risk his conduct posed

50
Q

Battery Manslaughter Elements

IB ELKS

A

Battery Manslaughter Elements (IB ELKS, Intentionally Battery, Endangers Life, Knew Should)
D intentionally commits a battery
That endangers human life, AND
D knew or should have known that
The battery endangered human life

51
Q

Involuntary Manslaughter
Elements

URFB

A

Involuntary Manslaughter
Elements (URFB, Unintended, Reckless, Failure, Battery)
Unintended Killing
By wanton or reckless conduct, OR
By wanton or reckless failure to act, OR
By battery-manslaughter

52
Q

Possession Elements

PORDOT

A

Possession Elements (PORDOT, Procure Or Receive, Dispose Or Terminate)
Knowingly procures or receives the thing possessed
OR
Having acquired control of the item, possessor is aware of the control for a sufficient time to have enabled him to dispose of it or terminate control

53
Q

Hierarchy of Larceny

AUPL

A

Hierarchy of Larceny (AUPL, Armed, Unarmed, Person, Larceny)
Armed Robbery
Unarmed Robbery
Larceny from the Person
Larceny

54
Q

Receiving Stolen Goods

RKD

A

Receiving Stolen Goods (RKD, Receiving, Knowledge, Deprive)
Receiving control (not necessarily possession) of stolen property, coinciding with
Knowledge that the property is stolen;
AND
Intent to permanently deprive the owner of the property
Property that is unlawfully obtained through larceny, embezzlement, or false pretense is stolen property
The act of receiving the property must coincide with the recipient’s knowledge that the property is stolen
Jurisdictional Rule 1: the defendant must have had actual, subjective knowledge that the property has been stolen
Jurisdictional Rule 2: the defendant’s knowledge can be inferred from facts that would alert a reasonable person to unlawful acquisition of the property
Modern View: the art’s dealer’s mens rea of knowledge can be inferred from the facts

55
Q

Common Law Larceny
Larceny

UTAD

A

Common Law Larceny
Larceny (UTAD, Unlawful, Taking, Another, Deprive)
Unlawful (Trespassory)
Taking and carrying away of
The personal property of another
With the intent to permanently deprive
Specific intent crime

56
Q

Receiving Stolen Goods

RKD

A

Receiving Stolen Goods (RKD, Receiving, Knowledge, Deprive)
Receiving control (not necessarily possession) of stolen property, coinciding with
Knowledge that the property is stolen;
AND
Intent to permanently deprive the owner of the property
Property that is unlawfully obtained through larceny, embezzlement, or false pretense is stolen property
The act of receiving the property must coincide with the recipient’s knowledge that the property is stolen
Jurisdictional Rule 1: the defendant must have had actual, subjective knowledge that the property has been stolen
Jurisdictional Rule 2: the defendant’s knowledge can be inferred from facts that would alert a reasonable person to unlawful acquisition of the property
Modern View: the art’s dealer’s mens rea of knowledge can be inferred from the facts

57
Q

Embezzlement
Elements

TOP

A

Embezzlement
Elements (TOP, enTrusted, Own, Permanently)
In position of trust, Defendant was entrusted with personal property of another
Defendant fraudulently took, hid, or concealed the property for his own use without the owner’s consent
With intent to permanently deprive

58
Q

Embezzlement Alternate Elements

FCPAL

A

Embezzlement Alternate Elements (FCPAL, Fraudulent, Conversion, Property, Another, Lawful)
Fraudulent
Conversion
Of the property
Of another
By a person who is in lawful possession of the property

59
Q

Larceny By False Pretenses
Elements

SKReT

A

Larceny By False Pretenses
Elements (SKReT, Statement, Knew, Relied, Title)
Defendant made a false statement
That he knew or believed to be false when he made it
With the intent that victim relied on it as true and
Victim parted with his TITLE in reliance on the false statement
The defendant obtains title to someone else’s property through an act of deception

60
Q

Larceny By Trick
Elements

SKReP

A

Larceny By Trick
Elements (SKReP, Statement, Knew, Relied, Possession)
Defendant made a false statement
That he knew or believed to be false when he made it
With the intent that victim relied on it as true and
Victim parted with his POSSESSION in reliance on the false statement

61
Q

Robbery includes all the elements of larceny, PLUS

PPVF

A

Robbery includes all the elements of larceny, PLUS (PPVF, Person, Presence, Violence, Fear)
The taking occurs from the victim’s person or in his presence, AND
Either by violence or putting the victim in fear of imminent physical harm

62
Q

Robbery requires

UTAD PPVF

A

Robbery requires (UTAD PPVF, Unlawful, Taking, Another, Deprive, Person, Presence, Violence, Fear):
Taking
Another person’s property
Without his consent
With intent to deprive him of it permanently, and
The taking occurs from the victim’s person or in his presence
Either by violence or putting the victim in fear of imminent physical harm
Slight physical force suffices violence

63
Q

Unarmed Robbery
Elements

AFCI

A

Unarmed Robbery
Elements (AFCI, Actual, Fear, Control, Intent)
Either
Defendant applied actual force to victim’s body
OR
Put victim in fear by threatening words or gestures
Defendant took property of another from victim’s immediate control
With intent to steal it

64
Q

Armed Robbery
Elements

AFCIA

A

Armed Robbery
Elements (AFCIA, Actual, Fear, Control, Intent, Armed)
Either
Defendant applied actual force to victim’s body
OR
Put victim in fear by threatening words or gestures
Defendant took property of another from victim’s immediate control
With intent to steal it and
Defendant was armed with a dangerous weapon

65
Q

Unarmed Robbery
Elements

AFCI

A

Unarmed Robbery
Elements (AFCI, Actual, Fear, Control, Intent)
Either
Defendant applied actual force to victim’s body
OR
Put victim in fear by threatening words or gestures
Defendant took property of another from victim’s immediate control
With intent to steal it

66
Q

Dangerous Weapon
Any object that

CUDP

A

Dangerous Weapon
Any object that (CUDP, Construction, Use, Death, Person)
Either by the nature of its construction
OR the manner of its use
Is either capable of causing death or serious injury
OR can be perceived by a reasonable person as so capable

67
Q

Common Law Burglary Requires

BEDANF

A

Common Law Burglary Requires (BEDANF, Breaking, Entering, Dwelling, Another, Night, Felony)
Breaking and
Entering
The dwelling
Of another
At night
With the specific intent to commit a felony once inside

68
Q

Modern law burglary requires

BEPAF

A

Modern law burglary requires (BEPAF, Breaking, Entering, Property, Another, Felony)
Breaking and
Entering
The property
Of another
With the specific intent to commit a felony inside

69
Q

Battery
Definition

UFABO

A

Battery
Definition (UFABO, Unlawful, Force, Another, Bodily, Offensive)
Unlawful
Application of force
To another person
That causes:
Bodily harm or
An offensive touching
General intent crime

70
Q

Common law rape requires

USFW

A

Common law rape requires (USFW, Unlawful, Sexual, Female, Will)
Unlawful
Sexual intercourse
With a female
Against her will by force or threat of force
The MBE will not likely test on common-law rape because the elements have been relaxed or eliminated in most modern statutes
Rape is a general intent crime

71
Q

Common law rape requires

USFW

A

Common law rape requires (USFW, Unlawful, Sexual, Female, Will)
Unlawful
Sexual intercourse
With a female
Against her will by force or threat of force
The MBE will not likely test on common-law rape because the elements have been relaxed or eliminated in most modern statutes
Rape is a general intent crime

72
Q

Kidnapping
Definition

UCWMH

A

Kidnapping
Definition (UCWMH, Unlawful, Confinement, Will, Moving, Hiding)
Unlawful
Confinement of another person
Against that person’s will
Either by moving or hiding the victim

73
Q

Common law arson requires

MBAD

A

Common law arson requires (MBAD, Malicious Burning Another’s Dwelling):
Malicious
Burning
Of another person’s
Dwelling

74
Q

Elements of Perjury

WFVWM

A

Elements of Perjury (WFVWM, Willful, Falsely, Verbally, Writing, Material)
Willful act of
Falsely promising to tell the truth,
EITHER
Verbally or in writing,
About material matters

75
Q

Three Requirements of Perjury

KIM

A

Three Requirements of Perjury (KIM, Know, Intend, Material):
The person must know what they are saying is false
The person must intend to say something that is false; and
The falsity must go to a material matter

76
Q

Common Law Self-Defense with Deadly Force Elements

ABe ReD NeW

A

Common Law Self-Defense with Deadly Force Elements (ABe ReD NeW, Actually Believe, Reasonable, Duty, Necessary, Withdraw)
Defendant must actually believe he is in imminent danger of death or great bodily harm and
A reasonable person would also believe that
Duty to retreat?
Majority: not necessary
Minority: all available opportunities to avoid physical force have been exhausted
Defendant shall use no more force than is necessary (could face manslaughter charges if force goes too far)
If Defendant provoked the altercation, Defendant must attempt to withdraw and announce intention to withdraw

77
Q

Common Law Self-Defense Elements

TUFPARP

A

Common Law Self-Defense Elements (TUFPARP, Threatened, Unlawful, Force, Physical, Avoided, Reasonable, Prompted)
Defendant is threatened with the use, or threat of imminent use, of
Unlawful
Force
That does or could cause physical injury and
That a reasonable person would believe could not be avoided without the use of physical force, and the actor
Defends by using only a reasonable amount of force and
Was not responsible for the situation that prompted the need to use such force

78
Q

The justification of self-defense does not extend to the initial aggressor, but an initial aggressor may gain the right to act in self-defense when

MW

A

The justification of self-defense does not extend to the initial aggressor, but an initial aggressor may gain the right to act in self-defense when (MW, Met, Withdraws):
The initial aggressor’s use of nondeadly force is met with deadly force, OR
The initial aggressor, in good faith, completely withdraws from the altercation and communicates that fact to the victim

79
Q

Necessity Defense (aka Choice of Evils)
Factors

CLIP

A

Necessity Defense (aka Choice of Evils)
Factors (CLIP, Connection, Legal, Immediate, Proportionality)
Immediate Harm
Causal Connection
Proportionality
Legal Alternatives Absent

80
Q

When a statute does not specify the requisite mental state, the minimum required mental state under the MPC is:

A

Recklessness - the conscious disregard of a substantial and unjustified risk that
1) the material elements exists OR
2) the materal element will result from the defendant’s conduct

81
Q

When can a mistake of law (i.e. unawareness of the law) serve as a defense against violating the law?

A

When the law requires a particular mental state that is negated by the lack of knowledge of the law. For example, a law that requires knowledge of something and the defendant does not possess that knowledge

82
Q

Accomplice liability arises when a person

A
  1. Aids or abets another (i.e. the principal) before or during a crime
  2. With the SPECIFIC INTENT that the encouraged crime be completed
83
Q

Strict Liability: mens rea and actus reus requirements

A

There is no mens rea requirement for strict liability crimes, therefore a mistake of fact is no defense to strict liability

Satisfying actus reus is the only requirement to be guilty of a strict liability crime

84
Q

Common law Bigamy - mens rea requirement

A

Bigamy is a strict liability offense, so no mens rea satisfaction is necessary. The actus reus satisfaction is all that is required

85
Q

Conspiracy (Majority Rule)

A
  1. Defendant entered an agreement to accomplish an unlawful purpose
  2. Defendant had the specific intent to accomplish that purpose, AND
  3. At least one coconspirator committed an overt act in furtherance of the conspiracy

Crime is complete upon commission of the overt act

Withdrawal (majority rule) is impossible once an overt act has been committed

86
Q

Withdrawal from a conspiracy (majority rule)

A

Withdrawal is impossible once an overt act has been committed. Once that overt act has been committed, withdrawal is no longer a viable defense.

87
Q

Self-Defense with Deadly Force

A

Defendant actually and reasonably believes that deadly force is necessary to prevent serious injury or death

Self-defense does not extend to initial aggressor, UNLESS:
1. The initial aggressor’s use of nondeadly force is met with deadly force OR
2. The initial aggressor, in good faith, completely withdraws from the altercation and communicates that fact to the victim

88
Q

Consequence of an unlawful arrest in a 3d party residence pursuant to valid arrest warrant

A

Arrest and criminal charges are unaffected, and thus persist

BUT

Evidence obtained during unlawful arrest suppressed

89
Q

Search Warrant Requirements & Constitutional Validity

A
  1. Based on probable cause
  2. Supported by oath or affidavit
  3. Issued by neutral & detached magistrate
  4. Particularly describe place to be searched / items to be seized

The particularity MUST be contained within the warrant itself and not rely solely on supporting documents

A constitutionally invalid warrant results in the suppression of evidence seized

90
Q

Can a recent passenger of a car subject to a reasonable probable cause search also be validly searched?

A

NO.

The automobile exception allows officers to conduct a warrantless search of a vehicle if:
1. There is probable cause to believe that the vehicle contains evidence of a crime AND
2. The search is limited to areas where the evidence might be located

BUT

Probable cause that a vehicle contains evidence of a crime does NOT justify a warrantless search of a person who is, or had been, a passenger of the vehicle, unless the probable cause specifically extends to that passenger

91
Q

Custody, when Miranda Rights must be read for any statements to be admissible

A

A court should suppress an incriminating statement taken in violation of the defendant’s 5th Amendment privilege against self-incrimination. To comply with this privilege, police must MIRANDIZE a suspect BEFORE custodial interrogation, meaning when:
1. In custody (placed under formal arrest OR restrained from his freedom of movement to such a degree that a reasonable person would not feel free to leave) AND
2. subjected to interrogation - questions, words, or actions directed at a suspect that police know or should know are likely to elicit an incriminating response

92
Q

Is it robbery if property is taken from a person’s immediate surroundings without force or threat?

A

NO. Robbery requires the defendant to commit larcey through:
Force or
Intimidation

93
Q

False Pretenses
vs.
Larceny by Trick
vs.
Embezzlement

A
  1. False Pretenses (TITLE via FRAUD) requires obtaining TITLE to property through reliance of that person on a known false representation of a material past or present fact, when the representation is made with intent to defraud.
  2. Larceny by trick (POSSESSION via FRAUD) requires that the defendant obtain possession of, but not title to the property owned by another.
  3. Embezzlement (CONVERSION via LAWFUL POSSESSION) requires fraudulent conversion of the property of another person by the LAWFUL possession of the property.
94
Q

When is Solicitation Complete, and when is Withdrawal no longer possible?

A

Solicitation is
1. Enticing, encouraging, or commanding of another person
2. To commit a crime
3. With the intent that the other person commits the crime

Solicitation is complete when the defendant has successfully convinced the other person to commit the intended crime.

Voluntary renunciation/withdrawal from solicitation (under the MPC) requires successful thwarting of the crime before completion of the crime

95
Q

When can self-defense with deadly force NOT be used inside one’s home?

A

A person may use deadly force to prevent or terminate forcible entry into a dwelling if the occupant reasonably believes that the intruder intends to commit a felony inside.

However, if the intruder is exiting the dwelling, deadly force is no longer permissible, even if the intruder has stolen items in his possession as he exits.

96
Q

What crime is committed when a homicide results from imperfect self-defense?

A

Voluntary manslaughter.

Imperfect self-defense occurs when the person claiming self-defense unjustifiably kills her attacker, such as when she unreasonably believes self-defense is required.

97
Q

Is consent a valid defense to a depraved heart murder caused by the defendant’s reckless indifference to a known and unjustifiable high risk, if the victim did, in fact, consent to the act that constituted the high risk?

A

NO.

Consent is never a defense to murder, no matter what type of murder it is.

98
Q

Does an unreasonable but honest mistake of FACT relieve someone from liability for larceny?

A

YES.

Larceny is a specific intent crime, and an honest mistake of fact, whether reasonable or not, serves as a defense to a specific intent crime because such an honest mistake negates the required mens rea. Of course the mistake of fact must go to an element of the crime that precludes formation of the required specific intent

99
Q

If Person A lies to Person B in an attempt to get Person B to commit murder, and Person B dies in the process, can Person A be convicted of depraved heart murder?

A

YES.

By recklessly lying to Person B, Person A’s conduct intentionally put Person B in a position that carried a high likelihood of death or significant bodily harm, displaying a depraved heart and reckless disregard of the high risk he was knowingly coaxing Person B into.

100
Q

If a seller advertises a forgery as authentic and a buyer purchases it but does not believe that the forgery is authentic and has it (mistakenly) authenticated by a 3d party expert, is the seller guilty of larceny by false pretenses?

SKReT

A

NO.

Elements (SKReT, Statement, Knew, Relied, Title)

Because the buyer did not rely on the seller’s misrepresentation in making the purchase, the sale is not larceny by false pretenses.

Elements of Larceny by False Pretenses:
1. Defendant obtained title to another’s property (property can be “cash,” if defendant made a fraudulent sale)
2. By making a false statement or misrepresentation about a past or present material fact that the Defendant knew was false
3. Upon which the victim/buyer relied, AND
4. Did so with the specific intent to defraud

The misrepresentation must have been a significant factor/cause of the buyer’s decision to purchase.

101
Q

What is the common law murder element of malice aforethought?

KBDF

A

KBDF
Kill Bodily Depraved Felony

Malice can be shown by any of the following sates of mind:

  1. Intent to kill
  2. Intent to do serious bodily injury
  3. Reckless indifference to human life (depraved heart murder)
  4. Invent to commit a felony (felony murder)
102
Q

M’Naghten Test

A

RMKNQW
Reason Mental [not] Know Nature Quality Wrongfulness

Under the M’Naghten Test, the defendant is not guilty if:

  1. Because of a defect of reason
  2. Due to a mental disease
  3. Defendant did not know at the time
  4. The nature
    AND
  5. Quality of the act
    OR
  6. The wrongfulnessof the act
103
Q

On the bar exam, what makes a homicide “premeditated?”

A

“Premeditated” requires an intent to kill the victim in advance. While we know this intent can be formed in mere seconds, the language of the fact pattern will indicate this intent.

104
Q

What types of murder are included in common law murder?

KBDF

A

KBDF
Kill Bodily Depraved Felony

Importantly, common law murder is homicide with malice.

Common law murder is the only default murder on the bar exam, but when the fact pattern commonly (but explicitly) introduces a 1st degree murder, where 2nd degree murder is common law murder, the distinction is important.

Common law murder includes:
1. Intent to kill (will not include premeditated when the fact pattern introduces a 1st degree murder that requires premeditation)
2. Intent to do serious bodily injury
3. Reckless indifference to an unjustifiably high risk to human life (depraved heart)
4. Intent to commit certain felonies (felony murder)

105
Q

Is a defendant still guilty of embezzlement if they intended to replace the money (or other property) after converting it for their personal, improper use?

A

YES.

Embezzlement still occurs when the defendant intended to replace the coverted property with similar property of equal or greater value, and even if they DO replace it.

106
Q

What is misprision of a felony?

A

Misprision of a felony occurs if the defendant had knowledge that another committed a felony, failed to notify the authorities, and took an affirmative step to conceal the crime.

107
Q

Is it possible to be charged with attempted statutory rape when the defendant thought the victim was under 18 but was actually older?

A

YES.

Even though statutory rape is a strict liability crime, this does not eliminate the viability of an attempted statutory rape charge just because it was impossible to commit the actual crime with that victim.

108
Q

Of what crime, besides solicitation, can a defendant be charged if they induce another to beat up a third party, if the solicitee never actually commits the battery?

A

ASSAULT.

Assault is an attempt to commit battery, in addition to the other formulations of assault.

109
Q

When is an honest belief that a victim owes a defendant money and the defendant takes the moeny from the victim robbery?

A

If a defendant takes property with the honest belief that she is entitled to the property as repayment of a debt (i.e. a claim of right), then the taking does not constitute LARCENY. The believe does not have to be reasonable.

However, this cannot serve as justification for ROBBERY in most states. Once the larceny becomes robbery by the threat or use of force, the defense of claim of right is no longer available.

110
Q
A

Bar prep (16 decks)

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