Crim law Flashcards

1
Q

Actus Reus

A

a voluntary, affirmative act or an omission when a duty exists causing a criminally proscribed result

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Duty to act

A

imposed by statute
contract
special relationship
detrimental undertaking
causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Specific Intent Crimes

A

[FIAT]
first degree murder
inchoate crimes
assault with intent to commit battery
theft offenses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Malice crimes

A

common law murder, arson
reckless disregard of a high risk of harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

General Intent crimes

A

battery, rape, kidnapping, false imprisonment
requires the intent to perform the unlawful act
purposely, knowingly, recklessly, or negligently

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Principal to a crime

A

perpetrator who committs the required act or omission, can be more than one

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

accomplice

A

acts with the requisite mens rea to aid the principal before or during the commission of a crime
-liability is for the planned and other foreseeable crimes
defense: withdrawal requires repudiation of aid and to do so before events are unstoppable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Accessory after the fact

A

acts with intent to assist the principal to avoid apprehension after the felony is complete
liability is for obstruction of justice, not the principals crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Merger

A

Solicitation or attempt merge into the target crime if it is completed
cannot be convicted of both solicitation or attempt and the completed crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Solicitation

A

to invite or urge another to commit a crime with the intent the party do so
no return agreement is required; if return agreement obtained, both guilty of conspiracy through merger, not solicitation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Attempt

A

specific intent to commit a crime + substantial step beyond mere preparation or dangerous proximity
defense: legal impossibility and defenses to formation of specific intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Conspiracy

A

agreement (express or implied) between two or more persons
Modern trend/mpc: unilateral conspiracy okay
intent to achieve unlawful purpose
Overt act in furtherance
Defense: withdrawal before overt act, if after can only avoid liability for the crime, not the conspiracy
liability: for all foreseeable crimes in furtherance of the conspiracy, liability for co-conspirators depends on whether it was a chain or hub/spoke relationship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Common Law Murder

A

Common law Murder is the killing of another human being with malice aforethought.
Malice: intent to kill (show causation), intent to cause serious bodiliy injury, reckless disregard to human life, felony murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Felony murder

A

killing during an inherently dangerous felony (burglary, arson, rape, robbery, kidnapping)
must show elements of the felony and that death was reasonably foreseeable (proximate cause)
Agency theory: D not responsible for death caused by victim or police

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

First Degree Murder

A

Murder that is premediated and deliberate
premeditated: had time to reflect
deliberate: cool and dispassionate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Second degree murder

A

same as common law murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Voluntary Manslaughter

A

murder comitted in response to adequate provocation/heat of passion
the events must have provoked a reasonable person with no chance to cool off
imperfect self defence can mitigate murder to voluntary manslaughter

18
Q

Involuntary manslaughter

A

unintentional killing caused by criminal negligence or during an unlawful act

19
Q

Criminal Battery

A

Intentional unlawful application fo force to another that causes harmful or offensive touching

20
Q

Criminal Assault

A

Attempted battery or intentinoally placing on in the apprehension of imminent bodily harm

21
Q

False Imprisonment

A

unlawful confinement of another without consent by force or threat

22
Q

Kidnapping

A

unlawful confinement without consent by force or threat + moving or hiding the victim

23
Q

Larceny

A

Trespassory aking and carrying away of the personal property of another with the intent to permanently deprive them of such property

24
Q

Larceny by trick

A

Larceny accomplished by fraud or deceit (victim delivers possession but not title to)

25
Q

Forgery

A

Making of a false writing with apparent legal significance with the intent to defraud

26
Q

Embezzlement

A

fraudulent conversion of property of another by a person who is in lawful possession of the property

27
Q

False pretenses

A

obtaining titel to the property of another by fraud or deception

28
Q

Robbery

A

trespassory taking and carrying away of another persons property with the intent to permanently deprive them from the other person’s body or presence by using force or intimindation

29
Q

Burglary

A

Breaking and entering into a dwelling of another at night with the intent to commit a felony therein (modern statute eliminates night time, and dwelling)

30
Q

Arson

A

malicious burning of the dwelling of another (MPC changes to structure)

31
Q

Receipt of stolen property

A

recieving control of stolen property, knowing it is stolen, and with intent to permanently deprive

32
Q

Mistake of fact

A

if honest and reasonble: negates specific intent, general intent and malice crimes
If not reasonable: only negates specific intent

33
Q

Mistake of law

A

generally no defense unless mistaken about an element that negates intent, or if the person has relied on government interpretation that later changes

34
Q

Insanity

A

M’Naugten: did not know either the nature or the wrongfulness of the act
Irresistable Impulse; lacks cpaacity for self control to conform conduct to the law
Durham: would not have committed the crime but for the mental defect
MPC: lacked capacity to understant the wrongfulness or to conform conduct due to mental disease

35
Q

Intoxication

A

Voluntary: applies to negate specific intent only, but does not apply at all if you get drunk after forming the intent
Involuntary: applies to negate specific intent, general intent, malice, and voluntary acts

36
Q

Self defense

A

can use non-deadly force if faced with non-deadly force
can only use deadly force if you reasonable believe there is risk of death
Retreat: generally no duty to retreat
An aggressor can only use self defense if the other party escaltes the force or the agressor withdrew

37
Q

Defense of others

A

the right to use force to defend others exists to the extent the victim would be allowed to use force to defend themselves

38
Q

Defense of property

A

may use non deadly force if reasonbly necessary to immediately protect property, cannot be disproportionate,
deadly force only okay to prevent forcible entry

39
Q

Duress

A

threat of death or bodily injury forced D to commit a crime, does not apply to murder

40
Q

Necessity

A

forces of nature caused D to commit what would otherwise be a crime

41
Q

Entrapment

A

D would not have committed the crime except for trickery/fraud of law enforcement