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Crim Law Flashcards

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1
Q

Actus Reus? Mens Rea?

A

Actus Reus is the criminal act portion of the crime; mens rea is the mental state that defendant must possess during the commission of a crime

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2
Q

What are the specific intent crimes? FIAT

A

First Degree Murder; Inchoate Offenses; Assault with the intent to commit a battery; Theft Offenses

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3
Q

What crimes require malice?

A

Common law murder and Arson

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4
Q

What a are the general intent crimes? What’s required?

A

Battery; Rape; False Imprisonment; Kidnapping

General intent crimes only require the intent to perform an act that is unlawful

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5
Q

What is transferred intent?

Crim Law

A

When D acts with an intent to cause harm to one person or object and that act directly results in harm to another person or object

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6
Q

MPC Purposely

A

D’s conscious objective is to engage in the conduct or to cause a certain result

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7
Q

MPC Knowingly or Willfully

A

D is aware that his conduct is of the nature required by the crime OR circumstances required by the crime exist. The result is practically certain to occur

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8
Q

MPC Recklessly

A

D acts with a conscious disregard of a substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct

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9
Q

MPC Negligently

A

D should be aware of a substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct

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10
Q

What are some strict liability crimes?

A

Statutory Rape; Bigamy; Regulatory Offenses for public welfare; Regulation of food, drugs, and firearms; and selling liquor to minors

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11
Q

Difference between strict liability and vicarious liability?

Crim Law

A

SL require act and no mental fault; VL require do require act but do retain a mens rea requirement

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12
Q

Under the MPC when can a corporation be held vicariously liable?

A

If the corporation fails to discharge a specific duty imposed by law; the board of directors or a high ranking agent acting within the scope of his employment authorizes or recklessly tolerates the offensive act; or the legislative purpose statutorily imposes liability on a corporation fit specific act

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13
Q

Mistake of Fact–Specific Intent crimes

A

A defense even if mistake is unreasonable

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14
Q

Mistake of Fact–General intent and Malice crimes

A

Must be reasonable in order to be a defense

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15
Q

Mistake of Fact–MPC

A

The mistake of fact must negate the required state of mind for a material element of a crime

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16
Q

Mistake of Law

A

Not a valid defense unless: there is a reliance on the courts decision, administrative order, or official interpretation of the law determined to be erroneous; statute defining a malum prohibitum crime was not reasonably made prior to such conduct; an honestly held mistake of law negates the required intent or mental state for a material element of the crime

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17
Q

When does a person have a legal duty to act?

A

Statutory duty; Contractual duty; Special Relationship; Detrimental Undertaking(leaving victim in worse condition after treatment); and Causation(failing to aid after causing victims peril)

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18
Q

Larceny by Trick

A

One who obtains possession of, but not title to, property owned by another through fraud or deceit who has the intent to unlawfully convert and who later does so convert

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19
Q

Forgery

A

Forgery is the:

i) Fraudulent;
ii) Making;
iii) Of a false writing;
iv) With apparent legal significance; and
v) With the intent to defraud

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20
Q

Embezzlement

A

Embezzlement is the:

i) Fraudulent;
ii) Conversion;
iii) Of the property;
iv) Of another;
v) By a person who is in lawful possession of the property.

21
Q

Conversion (crim law)

A

Conversion is the inappropriate use of property, held pursuant to a trust agreement, which causes a serious interference with the owner’s rights to the property.

22
Q

False Pretenses

A

False pretenses requires:

i) Obtaining title to the property;
ii) Of another person;
iii) Through the reliance of that person;
iv) On a known false representation of a material past or present fact; and
v) The representation is made with the intent to defraud.

23
Q

Robbery

A

Robbery is:

i) Larceny;
ii) By force or intimidation;
iii) When the taking of the property is from the person or presence of the victim.

24
Q

Extortion

A

Common law
At common law, extortion was the unlawful taking of money by a government officer.

Modern approach
Most jurisdictions have enacted statutes that more broadly define extortion as the taking of money or property from another by threat.

25
Q

Burglary (common law)

A

i) Breaking and;
ii) Entering;
iii) Of the dwelling;
iv) Of another;
v) At nighttime;
vi) With the specific intent to commit a felony therein.

26
Q

What is accomplice liability?

A

A person who has the intent to commit a crime, aids or abets a principal prior to or during the commission of the crime

27
Q

What is an accessory after the fact?

A

A person who aids or assists a felon in avoiding apprehension or conviction after commission of a felony

28
Q

Accessory after the fact elements

A

Must know that a felony was committed; Must act specifically to aid or assist the felon; and Give the aid or assistance for the purpose of helping the felon avoid apprehension or conviction

29
Q

What is misprision?

A

Common law misdemeanor when one fails to report or prosecute a known felon

30
Q

What are the four test for insanity?

A

M’Naughten test; the irresistible-impulse test; the Durham rule; and the MPC test

31
Q

M’Naughten test

A

The defendant is not guilty if the defendant did not know either the nature and quality of the act or the wrongfulness of the act. “Right from Wrong” test

32
Q

Irresistible-impulse test

A

Defendant is not guilty if he lacked the capacity for self control and free choice because mental disease or defect prevented him from being able to conform his conduct the law.

33
Q

Durham rule

A

Defendant is not guilty if the unlawful act was the product of the defendants mental disease or defect and would not have been committed but for the disease or defect. “But for” test

34
Q

MPC test (insanity)

A

Combines the M’Naughten and irresistible impulse tests. Defendant is not guilty if at the time of conduct he as a result of a mental disease or defect did not have substantial capacity to appreciate the wrongfulness of the act or to conform his conduct to the law

35
Q

What voluntary intoxication?

A

The intentional taking of a substance known to be intoxicating; actual intoxication need not be intended

36
Q

What sort of crimes is voluntary intoxication a defense for?

A

Specific intent crimes

37
Q

What is involuntary intoxication?

A

To be involuntary the substance must have been taken:

Without knowledge of the intoxicating nature of the substance; or under duress

38
Q

What is a felony?

A

A crime punishable by death or imprisonment for more than one year

39
Q

What is a misdemeanor?

A

A crime punishable by imprisonment for one year or less or by a fine or by both

40
Q

What is common law murder?

A

The unlawful killing of another living human being with malice aforethought

41
Q

What mental states are considered under malice aforethought?

A

Intent to kill; Intent to inflict serious bodily injury; reckless indifference to an unjustifiable high risk to human life (depraved heart); or felony murder

42
Q

Felony Murder

A

An unintended killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony

43
Q

What murders are traditionally considered inherently dangerous (felony murder) BARRK

A

Burglary, Arson, Robbery, Rape, Kidnapping

44
Q

What is the agency theory? (crim law)

A

A felon will not be liable for the death of a bystander caused by a felony victim or police officer because neither person is the felons agent

45
Q

What is the proximate cause theory? (crim law)

A

Liability for the bystanders death may attach to the felon because the death is a direct consequence of the felony

46
Q

What is first degree murder?

A

It is deliberate and premeditated

47
Q

What is second degree murder?

A

A homicide committed with the necessary malicious intent

48
Q

What is larceny?

A 
The trespassory;
Taking and;
Carrying away;
Of the personal property;
Of another;
With the intent to permanently deprive that person of the property
49
Q

When is the crime of larceny complete?

A

At the time of the taking

Crim Law/Crim Pro (1 decks)

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