Crim Law Flashcards
1
Q
GENERAL
A
Criminal liability is based on mens rea (state of mind), actus reus, concurrence, causation, and lack of defense
2
Q
Mens Rea
A
Can manifest as: GI or SI. Desire of result regardless of likelihood. Knowledge that a result is substantially certain regardless of desire to bring it about. Deliberately ignorant willful blindness.
3
Q
Negligence
A
Objective. Recklessness is subjective, requiring awareness of a high degree of risk.
4
Q
Actus Reus
A
The voluntary act. Criminal responsibility may be imposed for an omission where duty to act is otherwise imposed by contract, relation, statute, creating the peril, etc.
5
Q
Concurrence
A
Between mental state and act. Intent and act occur at the same time.
6
Q
Causation
A
A’s conduct must be the actual and proximate cause of the crime, meaning the crime must be the natural and probable consequence of the act regardless of foreseeability.
7
Q
Actual Cause
A
Result wouldn’t have occurred “but for” A’s act, or A’s act was a substantial factor.
8
Q
Proximate Cause
A
Results in a natural and probable consequence of the risk created by A’s conduct.
9
Q
Transferred Intent
A
A intends harm actually caused to a different victim transfers intent to new victim.
10
Q
General Intent (GI)
A
Applies to homicide, battery, arson, but not attempt.
11
Q
General Intent vs Specific Intent
A
General intent and specific intent are types of intent attributed to crimes that have different defenses available.
12
Q
Requirement
A
General Intent: Intent to do the prohibited act but not necessarily to accomplish a wrongful result (e.g., intent to permanently deprive). Specific Intent: Intent to accomplish a particular result other than the act.
13
Q
Standard
A
General Intent: Wanton or reckless (criminally negligent) misconduct may be sufficient. Specific Intent: Wanton or reckless misconduct never sufficient.
14
Q
Crimes - General Intent
A
Battery, Common law murder, Rape (without specific intent), Involuntary manslaughter, False imprisonment.
15
Q
Crimes - Specific Intent
A
Larceny, robbery, Burglary, Forgery, Assault, 1° premeditated murder, Voluntary manslaughter, False pretenses, Inchoate crimes (solicitation, attempt, conspiracy, accomplice).
16
Q
General Defenses - General Intent
A
Reasonable mistake of fact, Voluntary intoxication.
17
Q
General Defenses - Specific Intent
A
Reasonable mistake of fact (in good faith), Unreasonable mistake of fact (in good faith).
18
Q
PERSONAL CRIMES
A
Homicide
19
Q
Homicide - Murder
A
Murder at common law is the unlawful killing (neither justifiable nor excusable) of another human being with malice aforethought. “Malice” may be express or implied, as determined by intent.
20
Q
Homicide - Causation
A
A’s act must be the cause in fact (“but for”) and proximate cause of V’s injury.
21
Q
Homicide - Proximate Cause
A
Proximate cause if the result is natural and probable cause of act, even if unanticipated.
22
Q
Homicide - Act
A
An act that hastens an inevitable result is still a proximate cause.
23
Q
Homicide - Multiple Acts
A
Simultaneous acts of 2+ people may be independently sufficient causes of V’s injury.
24
Q
Homicide - Acts of Innocent Agent
A
Acts of an innocent agent can be attributable to the principal.
25
First Degree (1°) Murder
Express malice is shown by any length of premeditation and deliberation before the unlawful taking of a human life.
26
1° Murder - Premeditation
Reflection on intent to kill (“Should I kill this person?”).
27
1° Murder - Deliberation
Decision to kill in cold and dispassionate manner (“What about the consequences?”).
28
1° Murder - Felony Murder (FM)
Malice is implied where killing occurs during an attempt or completion of an enumerated or inherently dangerous felony (BARRK: burglary, arson, robbery, rape, kidnapping). It is 1° felony murder (see below). Includes killing by poison, torture, or lying in wait.
29
Voluntary Intoxication
(Defense to SI crimes) mitigates murder from 1° to 2°, not to manslaughter.
30
Second Degree (2°) Common Law Murder
Malice is implied where there is intent to kill (without premeditation), intent to cause serious bodily injury, reckless indifference to human life (depraved heart, extreme negligence), or intent to commit an inherently dangerous felony.
31
2° Murder - Felony Murder
Any death caused in the commission or attempted commission of a felony (such as BARRK) is 1° felony murder. Malice is implied from intent to commit the underlying felony. Resulting death must be a foreseeable result of the felony but distinct from the felony. Felony starts when A could be convicted of its attempt, ends when A reaches “temporary safety.”
32
Co-felon Liability
When killing occurs during an IDF, one is liable for killing by an accomplice if the criminal acts could foreseeably result in death, and death occurs in furtherance of the felony.
33
Larceny
(Taking and carrying away of personal property of another with intent to permanently deprive)
34
Larceny - Co-owned Property
Co-owned property (partnership) is not subject to larceny or embezzlement by a co-owner.
35
Larceny - Defenses
Intent to return: A takes property with intent to return unconditionally within reasonable time, unless A changes his mind and decides not to return it ("continuing trespass").
36
Larceny - Claim of Right
A takes property as repayment of debt, one openly claiming ownership of goods.
37
Larceny - Mistake
If honest mistake. Such mistake may be unreasonable.
38
Embezzlement
Intentional fraudulent conversion or misappropriation of another’s personal property by one in lawful possession (e.g., entrusted, larceny by trick).
39
Embezzlement - Obtains Title
A obtains title by conversion, a serious act incompatible with the rights of the true owner. No movement required.
40
Embezzlement - Defenses
Intent to restore the exact same property obtained (not a new or different item).
41
Embezzlement - Claim of Right
Belief that collecting debt is legal.
42
Larceny by Trick
Obtaining custody or possession of another’s personal property by a fraudulent representation by A with intent to defraud the owner (e.g., misrepresentation of fact, false pretense).
43
Larceny by Trick - Owner
Owner is the one to give possession to A with consent, rather than A physically taking it.
44
False Pretenses
Misrepresentation of material past/present fact (not opinion) that prompts V to pass title to his property to A who knows the misrepresentation is false and intends to defraud.
45
False Pretenses - MPC
Any false representation is sufficient, including false promises to perform in future.
46
False Pretenses - Defenses
Intent to restore same property, claim of right (see above).
47
Larceny by Trick vs False Pretenses
Larceny by trick: Owner gives property to A (cf. larceny and embezzlement where A takes from owner). False pretenses: A uses any trick to gain possession (e.g., asking to borrow).
48
Receipt of Stolen Property
A receives possession of stolen personal property, where A knew or believed it was stolen by another, with the intent to deprive the owner of his interest in the property.
49
Receipt of Stolen Property - Knowledge
May infer knowledge or belief from abnormally low price (e.g., 1/4 cheaper).
50
Receipt of Stolen Property - Once Police Intercepts
Once police intercepts stolen property, it loses its character as stolen property, but A may be guilty of attempted receipt of stolen property if he intended to receive it, believing it was stolen.
51
Receipt of Stolen Property - Defenses
Negate belief of source: mistake of fact, claim of right (see above).
52
Robbery (Larceny)
Taking personal property of another from the person or presence of person (area of control or vicinity) with intent to permanently deprive by force or threat of immediate physical injury or death.
53
Robbery - Force or Threat of Force
Force or threat of force (actual fear) can be made to relatives, companions, or home. Force may be applied via sedatives.
54
Robbery - Aggravated Robbery
Robbery with a deadly weapon (or creation of such belief, e.g., with empty gun).
55
Extortion
Obtaining property by threat of harm or exposing information (need not be immediate or in V's presence). Also known as blackmail. Claim of right is NOT a defense.
56
Forgery
Creating or altering a writing with apparent legal significance so that it is false, with intent to defraud.
57
Forgery - Examples
Examples: convincing another to sign a document he doesn’t realize he’s signing, altering a document not merely containing an inaccuracy or misrepresentation on a document that is itself otherwise genuine.
58
Forgery - Uttering
Offering a known forgery with intent to defraud. If successful, A may be liable for false pretenses.
59
Burglary
Breaking and entering of the dwelling house of another at nighttime with intent to commit a felony therein. Even a slight application of force is considered “breaking” (e.g., slightly opening a window).
60
Burglary - Breaking into Subarea
Breaking into a subarea (e.g., closet) counts, but breaking to get out is NOT a breaking.
61
Burglary - Constructive Breaking
Gaining entry by means of a fraud, misrepresentation of identity, or threat.
62
Burglary - Entry
Placing a body part (or inanimate extension) inside structure to do the felony qualifies as “entering”. Intent to commit felony must be present at time of entry. Later-acquired intent not sufficient.
63
Burglary - Modern
Modernly, expanded to include all kinds of structures (including cars) at any time (including daytime).
64
Arson
Malicious burning of the dwelling house (modernly any structure) possessed by another.
65
Arson - Malice
Malice = intent to burn the structure or reckless disregard of a high risk that the structure will burn.
66
Arson - Charring
“Charring” is required; “blackening” or “scorching” is insufficient.
67
INCHOATE CRIMES
(Inchoate, early stage)
68
Inchoate Crimes - Merger Doctrine
Under merger doctrine, A can be convicted of either an inchoate crime or merged (completed) crime but not both.
69
Inchoate Crimes - Solicitation
Asking, inducing, urging, or otherwise encouraging another to commit an actual crime (to agree). If solicited person commits sufficient act for attempt, both parties may be liable for attempt. If solicited person agrees to commit crime, both parties may be liable for conspiracy.
70
Inchoate Crimes - Solicitation - Defense
Renunciation (MPC) if A prevents commission of crime. Withdrawal usually NOT a defense.
71
Inchoate Crimes - Attempt
Attempt requires intent to bring about a criminal outcome + an act toward it more than mere preparation. Requires a significant overt act more than mere preparation (MPC: “substantial step”).
72
Inchoate Crimes - Attempt - Defenses
Abandonment (Common Law): No defense if attempt is complete. MPC: if voluntary, complete abandonment. Legal Impossibility: Attempt to do a legal act that was thought to be a crime but is no crime.
73
Inchoate Crimes - Attempt - Not Defense
NOT a defense: Factual impossibility (crime cannot be completed because of physical or factual condition unknown to A).
74
Conspiracy
Requires 1) an agreement between 2+ persons to commit a crime, 2) an intent to enter into such an agreement, and 3) an intent to achieve the same objective of the agreement ("meeting of guilty minds").
75
Conspiracy - Modern Law
An overt act in furtherance of the conspiracy is required. Mere preparation will suffice.
76
Conspiracy - CL (Majority)
No one-person conspiracies—one could not conspire with one who feigns agreement.
77
Conspiracy - MPC
Applies unilateral agreement: A can be guilty of conspiracy regardless of another's intent.
78
Conspiracy - No Merger
Does not merge with completed crime—A may be convicted of both conspiracy and the crime.
79
Conspiracy - Pinkerton Doctrine
Each conspirator is liable for the crimes of all other co-conspirators where the crimes were a foreseeable outgrowth of the conspiracy + committed in furtherance of the conspiratorial goal.
80
Conspiracy - Wharton Rule
Where 2+ people needed to commit offense, no conspiracy unless the agreement involves another not essential to the crime, e.g., guilty of dueling, not conspiracy to duel, unless a 3rd person exists.
81
Conspiracy - Defense: Withdrawal
CL: May only cut off further liability if withdrawal is timely communicated to co-conspirators. MPC: Renouncing party must give timely notice to all members + affirmatively thwart conspiracy.
82
Conspiracy - NOT a Defense
Factual impossibility.
83
Accomplice Liability
A is liable as an accomplice if he aided or encouraged (or omitted action with duty to act) the principal's commission of a crime, with intent to encourage the principal to commit the crime.
84
Accomplice Liability - Examples
Selling ordinary goods at higher price for buyer's criminal purpose may imply intent to aid. Mere presence w/o "aiding and abetting" is insufficient, but saying "Kill him" has sufficient encouragement.
85
Accomplice Liability - Extent of Liability
An accomplice is liable to same extent as principal for the crime counseled and for any other crimes by the principal that were probable or foreseeable (objectively natural consequences of the crime assisted).
86
Accomplice Liability - Principal in 1st Degree
Performs the criminal act or causes an innocent agent to do so.
87
Accomplice Liability - Principal in 2nd Degree
Aids or abets and is present at the commission of the criminal act.
88
Accomplice Liability - Accessory Before the Fact
Aids or abets but is not present at the commission of the criminal act.
89
Accomplice Liability - Accessory After the Fact
Knows of felony and hinders capture of felon (e.g., harboring, obstructing).
90
Accomplice Liability - Not an Accomplice
Can also be liable for compounding a crime (hindering prosecution for payment).
91
Accomplice Liability - Defense: Withdrawal
CL: Withdraw with timely notice to principal + nullify prior assistance > can cut off further liability. MPC: 1) Render prior assistance ineffective, 2) provide police with timely warning, or 3) make proper effort to prevent the perpetrator from committing the crime.
92
Defenses - Specific-Intent Defenses
Any type of intoxication or reasonable/unreasonable mistake of fact.
93
DEFENSES
Affirmative defense must be shown by preponderance (at least). BUT putting any burden on A to disprove an element of an offense is reversible error. When the question is an element of a crime, burden always rests with the state to prove beyond a reasonable doubt that A is guilty of each element of the crime charged.
94
Excuses
Mistake of Fact: Mistake or ignorance of fact where A lacked the state of mind required for the crime.
95
Excuses - SI Crimes
Any mistake (reasonable/unreasonable).
96
Excuses - GI Crimes
Reasonable mistakes only.
97
Excuses - Intoxication
For SI crimes: Any intoxication (involuntary/voluntary) before forming the specific intent. For GI crimes: Involuntary intoxication only.
98
Excuses - Mistake of Law
Generally, ignorance of law is no defense. May be a defense to crimes requiring knowledge of the law.
99
Excuses - Insanity
A has the burden of raising insanity defense. Generally, must prove by preponderance of evidence.
100
Insanity - M’Naghten Rule
A entitled to acquittal if a mental disease or defect of reason caused A at the time of offense to not know the wrongfulness of act or not understand the nature and quality of his actions.
101
Insanity - Irresistible Impulse
A is not guilty where a mental defect or disease prevented him from controlling his conduct.
102
Insanity - MPC Test
As a result of mental disease or defect, A lacked substantial capacity to appreciate the criminality of his conduct or conform his conduct to requirements of law (mix of above two tests).
103
Insanity - Durham Test
Unlawful act would not have been committed but for the mental defect or disease.
104
Insanity - Voluntary Intoxication
Involuntary intoxication may be treated as a mental illness; apply insanity tests.
105
Insanity - Partial Defense
Diminished capacity: As a result of a mental defect short of insanity, A did not have the particular mental state required.
106
Necessity
A reasonably believed (objectively—good-faith belief is insufficient) that commission of the crime was necessary to avoid an imminent and greater injury to society than that involved in the crime charged.
107
Necessity - Not a Defense
Not a defense to killing a person or if A created the situation requiring necessity.
108
Duress
A reasonably believed that the only way to avoid threat of death or serious bodily harm by a human (necessity where threat may be non-human) on him or family member is to commit the crime.
109
Duress - Not a Defense
Not a defense to killing a person.
110
Entrapment
A must show that 1) the criminal design originated with law enforcement agents and 2) A was not predisposed to commit the criminal act prior to first being approached by government agents.
111
Entrapment - Not a Defense
No entrapment if by private citizen or if mere opportunity or material for crime provided by agent.
112
Justifications
Self-Defense: If A has a reasonable belief that he is in imminent danger of unlawful bodily harm, he may use proportional force (believed to be reasonably necessary) to prevent such harm, unless he is the initial aggressor.
113
Self-Defense - Deadly Force
This is a defense to murder only if threatened with death or great bodily harm.
114
Self-Defense - Right of Self-Defense
The aggressor can regain the right of self-defense upon 1) complete withdrawal perceived by the other party or 2) escalation of force by the victim of initial aggression.
115
Self-Defense - Imperfect Self-Defense
Honest but unreasonable belief that it was necessary to respond with unreasonable (deadly) force, or being the initial aggressor, can allow imperfect claim of self-defense.
116
Defense of Others
If A's reasonable belief was that the other person had the legal right to use force in self-defense, A may defend that person from attack to the same extent as person being protected would be entitled to defend himself.
117
Defense of Property
Reasonable, non-deadly force is justified in defending property from theft, destruction, or trespass where A has a reasonable belief that the property is in immediate danger.
118
Defense of Property - Deadly Force
Felony Exception: Deadly force may be used to prevent an imminent and reasonably believed threat of death or serious bodily injury to anyone in the dwelling during the course of a dangerous felony.
119
Crime Prevention
Police: Deadly force is justified to prevent felony dangerous to human life. Private: Deadly force to prevent a "dangerous felony" (BARRK) involving risk to human life.
120
Arrest - Police
Police officers may use reasonable force to make an arrest. Deadly force is reasonable only to apprehend or prevent the escape of a felon who poses a threat of serious bodily harm to the officer or others.
