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Law School 1L > Crim Law > Flashcards

Crim Law Flashcards

MEMORIZE DEFINITIONS

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1
Q

Homicide baskets

A

Involuntary and Voluntary

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2
Q

Voluntary Baskets

A

Intentional Killing (Plain Intentional Murder and Premeditated Deliberate Murder) and Voluntary Manslaughter

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3
Q

Plain Intentional Murder

A

Common law - Intent to do serious bodily injury (usually 2nd degree murder)
MPC - Treated as Extreme indifference to human life

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4
Q

Plain Intentional Murder Mens Reas

A

Purposely and Knowingly
In CL if purposeful, examine whether it can be elevated to premeditated murder

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5
Q

Purposeful Killing w Premeditation and Deliberation

A

CL - 1st degree murder
-Approaches: (1) No time is too short (2) Bingham Approach
MPC - Not broken down into degrees but premeditation and deliberation are taken into account when sentencing

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6
Q

No time is too short test

A

The time it takes to raise the weapon or take out the weapon and kill the victim is enough.

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7
Q

Bingham Appraoch

A

Need to show some time + evidence that within that time you had the intent to kill.

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8
Q

Factors to Determine Premeditation

A

(1) Purchasing a weapon or something similar with the motivation to kill
(2) Any type of prior relationship that might be evidence of motivation to kill.
(3) The manner of the killing
(a) Luring to an isolated place
(b) Statements by defendant
(c) Post planning activities.

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9
Q

Approaches to Voluntary Manslaughter

A

(1) Categorical (Traditional Common Law Approach)
(2) Transitional (Modern CL Approach)
(3) Extreme and Mental or Emotional Disturbance (MPC Approach)

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10
Q

Categorical Approach catergories:

A

(1) Aggravated assault or battery
(2) Observation of serious crime against close relative
(3) Illegal Arrest
(4) Mutual Combat
(5) Adultery

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11
Q

Categorical Approach Elements

A
  1. Intent to kill
  2. D was provoked
  3. The provocation was legally adequate
  4. Lack of cooling time
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12
Q

Under the categorical approach, what is the lack of cooling time?

A

Heat of passion, D was not cooled off, question of law, therefore, judge decides.

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13
Q

Informational words & Rekindling

A

Used in the Categorical and Transitional Approach in some jurisdictions, they count as a legally adequate provocation.

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14
Q

Transitional Approach Elements

A

Looks at the reasonableness
(1) D acted in the heat of passion
(2) Subjective Provocation
(3) D did not have sufficient cooling time between provocation and the act
(4) A reasonable person in D’s shoes would not have had sufficient time to cool.

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15
Q

Extreme and Mental or Emotional Disturbance

A

210.3(b) Committed under the influence of extreme mental or emotional distress for which there is a reasonable explanation or excuse. Reasonableness tbd from viewpoint of a person in the actor’s shoes under the circumstances as they believe them to be.
Mens Rea: Reckless

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16
Q

Defense to Extreme Emotional Disturbance Approach

A

Justification (partial defense)

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17
Q

Issues in Defining Reasonableness

A

(1) Culture
(2) Racial/homophobic Bias
(3) Battered Women

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18
Q

Involuntary Baskets

A

(1) Extreme Recklessness/Depraved Heart Murder
(2) Recklessness
(3) Negligent Killing

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19
Q

Depraved Heart

A

CL - Implied Malice (usually 2nd degree)
MPC - Murder “Extreme indifference to human life”

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20
Q

“OMG” Standard

A

Under Depraved Heart murder, which is a higher standard than plain reckless, this is borderline “knowing” but not quite practically certain. Typically it’s really messed up behavior such as using a deadly weapon as a game.

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21
Q

Malone Case

A

Kids play Russian Roulette. (Falls under depraved heart)

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22
Q

Recklessness (Unintentional Basket)

A

Plain reckless: A conscious disregard of a substantial and unjustifiable risk.
CL & MPC
- Looks at Magnitude & Likelihood

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23
Q

Negligent (Unintentional Killing)

A

CL: varies
(1) Involuntary Manslaughter (criminal gross negligence standard vs. civil negligence which is ordinary negligence)
(2) Criminally Negligent Homicide
(a) Some jurisdictions use recklessness standard
(b) some jurisdictions have separate lower crime
MPC:
Uses reckless standard for involuntary manslaughter and has separate lower crime for Negligent Homicide.

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24
Q

Who falls in the intentional and unintentional basket?

A

Our friend felony murder

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25
Q

When can one be charged with felony murder

A

If the killing occurs during the course of a felony.

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26
Q

Enumerated Felonies

A

-Rape
-Robbery
-Burglary
-Kidnapping
-Arson
-Escaping prison

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27
Q

If a killing occurred during the perpetration or attempt of an enumerated felony, what can happen?

A

A jurisdiction may elevate it to murder in the 1st degree.

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28
Q

Do you need a mens rea for for the killing or the felony?

A

Just the felony

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29
Q

MPC’s version of felony murder falls under?

A

Murder

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30
Q

Under CL felony murder, can a D be charged with both felony and murder?

A

Yes!

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31
Q

Limitations on Felony Murder

A

(1) Inherently Dangerous Felony
(2) In Furtherance
(3) Merger Doctrine

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32
Q

Inherently Dangerous Limitation looks at whether

A

The felony was inherently dangerous on the facts and that only felonies that are inherently dangerous to human life can be the basis for felony murder.

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33
Q

Approaches to the Inherently Dangerous Limitation

A

(1) On the facts (majority)- looks at the felony as committed in the case and whether it was inherently dangerous to human life? –typically yes bc dead body
(2) In the abstract (Cal) Looks at if there was a way the felony could be committed that was not inherently dangerous to human life and if so, the felony cannot be the basis for felony murder.

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34
Q

In Furtherance of Felony

A

Looks at whether there was a break in the chain between the felony and the killing.

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35
Q

Factors that may break the chain

A

(1) Whether felon reached a place of temporary safety
(2) The time, space and causal connection between the felony and the killing
(3) If the felon was no longer in flight of the felony.

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36
Q

Merger Doctrine

A

If the felony does not have an independent purpose from the act of the killing, the felony “merges” with the killing an cannot be the basis for felony murder. (typically one that is assaultive in nature)

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37
Q

Frolic

A

Death caused be an act unconnected to the felony and not in service of it. Co-felons typically are not guilty.

38
Q

When the killing is done by someone who was not a co-felon there are 2 approaches:

A

(1) Agency Approach
(2) Proximate Cause Approach

39
Q

Agency Approach (under Felony murder)

A

Cannot be a felony murder if the killing is NOT done by the felon or co-felon.

40
Q

Proximate Cause Approach (Felony Murder)

A

It doesn’t matter if a non-felon didn’t kill someone as long as the death was a proximate cause by chain of events the felon caused which should have been foreseeable.

41
Q

Causation Approaches

A

(1) But for
(2) Proximate Cause
(3) Medical Causation

42
Q

But for in causation

A

“But for” is necessary but not sufficient. But for D’s act, the harm would not have occurred.

43
Q

Proximate Cause Factors in Causation

A

(1) Foreseeability
(2) D’s action a substantial factor? (Does not need to be the sole factor)
(3) D’s conduct a “sufficiently direct” cause of the result?
(4) Intervening Act/Break in causal chain?
(a) Human/Nature
(b) If human - free will?

44
Q

Medical Causation

A

Fatal wound:
(a) Doc acted criminally negligent or worse = Doc AND D liable
(b) Doc did NOT act neg = ONLY D liable
Non-Fatal Wound:
(a) Doc acted criminally negligent or worse = ONLY doc liable
(b) Doc did NOT act neg = ONLY D liable

45
Q

Basic Theft Offenses

A

(1) Larceny
(2) Embezzlement
(3) False Pretenses
(4) Larceny by Trick

46
Q

Aggravated Theft offenses

A

(1) Burglary
(2) Robbery

47
Q

Larceny

A

The taking and carrying away personal property of another with INTENT to permanently deprive them of their property.

48
Q

Embezzlement

A

Intentional conversion of property of another by someone who has been entrusted with its possession.

49
Q

False Pretenses

A

Intentionally defrauding a victim by making false statements that cause the victim to pass title or ownership to the defendant.

50
Q

Burglary

A

Breaking and entering a structure with intent to commit a felony therein. Don’t have to actually commit felony for it to be a burg.

51
Q

Robbery

A

Taking something from another by using physical force or threat of force putting the victim in fear of bodily injury. The force has to be be MORE THAN necessary to remove the property.

52
Q

Accomplice

A

(1) Purposely aiding or encouraging the principal to commit the crime
(2) Having the same mens rea as the principal as to the result of the crime

53
Q

Natural and Probable Causes Doctrine

A

Used for CL ONLY: Some jurisdictions will hold an accomplice liable not only for the crime they assisted with but for any other crime that was a natural and probable consequence of the crime.

54
Q

Lower-level for accomplice with mens rea of knowing?

A

Facilitation

55
Q

When the party attempts to aid the principal but the principal uses the aid, is the party guilty?

A

CL - No
MPC - Yes bc culpable mind

56
Q

When the party aid the principal, the principal uses the aid, but the crime is unsuccessful, are they guilty?

A

CL - No
MPC - yes bc culpable mind

57
Q

Can one be guilty as an accomplice if the principal did not take enough steps to be guilty of the crime?

A

CL - No cannot be guilty of nothing
MPC - Yes

58
Q

If principal gets abandonment defense for attempting a crime, can the accomplice still be found guilty?

A

CL & MPC - Yes but only after the principal has been tried.

59
Q

Attempt

A

An attempt to commit a crime is a crime within itself.

60
Q

Attempt Mens Rea

A

Purposely engages in conduct that would constitute a crime AND a purpose to commit the result/target crime.

61
Q

Attempt Actus Reas

A

MPC - Substantial Step
CL - Dangerous Proximity Test

62
Q

Substantial Step Test

A

Focuses on what the defendant has already done.

63
Q

Dangerous Proximity Test

A

Focuses on how much or how little remains to be done to complete offense. The act must be done dangerously near the intended crimes accomplishment.

64
Q

Conduct to constitute a substantial step

A

(1) Lying in wait
(2) Enticing or seeking to entice
(3) Unlawful entry of structure
(4) Possession of materials to be employed in commission of crime
(5) Soliciting an innocent party to engage in conduct constituting an element of crime.

65
Q

People v. Rizzo

A

Friends driving around looking for specific man so they could rob him. Never found him, not guilty bc weren’t within proximity (CL)

66
Q

Defenses to Attempt

A

(1) Abandonment
(2) Impossibility

67
Q

Abandonment

A

(1) Did D voluntarily abandon the crime meaning they were not motivated by fear of apprehension?
(2) Was the abandonment complete, meaning D did not have intention to try again?

68
Q

Impossibility

A

(1) Hybrid
(2) Real Factual
(3) Inherent
(4) True Legal

69
Q

Hybrid Impossibility

A

Doing something you thought was illegal but ends up not being legal. (Shooting a deer outside of hunting season but you actually shoot a fake deer)
MPC - No Defense
CL - Defense if treated like true legal/NO defense if they treat it like a real factual

70
Q

Real Factual Impossibility

A

When an external circumstance causes one not to commit the crime. (The wallet not being in the pocket)
CL & MPC - No defense

71
Q

Inherent Impossibility

A

Where the defendant has mens rea and actus rea to complete the crime but the method they use is so unlikely to achieve the desired result. (Using a slingshot to take down airplane)
CL & MPC - defense

72
Q

True Legal Impossibility

A

When one engages in conduct they think is illegal but it’s actually legal. No confusion on the facts. (Thinking possession of marijuana is illegal but it’s not)
CL & MPC - defense

73
Q

Conspiracy (Mens Rea)

A

(1) Purpose to agree
(2) Purpose to further goal of conspiracy (stake in venture required)

74
Q

Conspiracy (Actus Reus)

A

Agreement by 2 or more people and sometimes an overt act (required for MPC except for conspiracies to commit 1st & 2nd degree felonies)

75
Q

Can one be a conspirator to an unintentional crime?

A

No bc conspiracy is a specific intent crime and you cannot plan an unintentional thing.

76
Q

Factors for stake in venture

A

(1) Financial gain
(2) If it’s a portion of you business
(3) Knowledge of illegal use or illegal use
(4) Direct Evidence of Participation

77
Q

Pinkerton Doctrine

A

Used in CL only, co-conspirators are responsible for ALL offenses committed by one of the co-conspirators that are foreseeable and done in furtherance of the conspiracy even if they were not the ones to specifically commit that crime.

78
Q

Conspiracy (Unilateral)

A

MPC (popular and majority use) person who thought they were agreeing with was agreeing even if that person wasn’t actually agreeing → entrapping someone with a government agent

79
Q

Conspiracy (Bilateral)

A

CL 2 or more people MUST agree

80
Q

Defenses to Conspiracy

A

(1) Renunciation
(2) Withdrawal
→ Harder to probe than abandonment under attempt

81
Q

Renunciation Defense

A

MPC - voluntarily AND completely renounce involvement AND successfully prevent commission of the criminal objective
CL - Some follow MPC and some only require a voluntary and complete renunciation AND that D makes a substantial effort to prevent the criminal objective.

82
Q

Conspiracy Merger

A

Under traditional common law - one can be guilty of both conspiracy and the substantive crime
Under MPC and some modern CL jurisdictions - one CANNOT be guilty of both conspiracy AND the substantive crime.

83
Q

Withdrawal

A

D must affirmatively terminate their own participation and directly communicate their withdrawal to co-conspirators OR disclose scheme to law enforcement.
MUST be:
(1) Timely (before event occurs)
(2) Effective
→ D still liable for OG crime

84
Q

Pinkerton + Withdrawal

A

D will still be liable for original crime of conspiracy and any foreseeable crimes in furtherance of conspiracy while D was still part of it.

85
Q

Self Defense

A

(1) Actual belief
(2) Reasonable belief
(3) Necessary Use
(4) Proportional Force to Defend
(5) Against Imminent use of unlawful force

86
Q

Duty to Retreat

A

Requires individuals to attempt to withdraw or escape from a threatening situation before resorting to the use of force.
(MPC & some CL)

87
Q

When can you use force within a duty to retreat jurisdiction?

A

(1) When D uses deadly force
(2) When they cannot retreat to complete safety

88
Q

Castle Doctrine

A

An exception to the duty to retreat: Cannot retreat when attacked in your own home. Not all jurisdictions follow this.

89
Q

Stand your ground

A

Expands duty to retreat beyond “castle” to any place D LEGALLY has right to be.

90
Q

Initial Aggressor Rule

A

One who initiates aggression cannot invoke defense of self-defense UNLESS they withdrawal in a good faith attempt, their self-defense is restored.

91
Q

If the initial aggressor uses NON-lethal force and is met with LETHAL force, does the initial aggressor have the right to use self-defense?

A

CL: No unless they completely withdraw
MPC: Yes as long as the initial aggressor never intended to cause death or serious bodily injury. They will still be charged with the initial non-lethal force.

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