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Crim Law Flashcards

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1
Q

What is the general jurisdiction law regarding criminal law?

A

A state acquires jurisdiction over a crime if either the conduct or the result happened in that state.

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2
Q

When will merger of crimes be allowed?

A

Generally never, but solicitation and attempt merge into the substantive offense. (So if you attempt to commit robbery but actually commit robbery, you can’t be convicted of attempt.

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3
Q

Can conspiracy merge into the substantive offense?

A

No. It does NOT merge. You CAN be convicted of both conspiring to do something and actually doing it.

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4
Q

What are the essential elements of a crime?

A

An act or omission of an act as well as a mental state.

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5
Q

What constitutes an “act” for criminal law purposes?

A

Any bodily movement that was a voluntary act.

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6
Q

What are bodily movements that do NOT qualify for criminal liability?

A
  1. Conduct which is not the product of your own volition.
  2. A reflexive or convulsive act.
    * *3. An act performed while you are unconscious or asleep. (Sleepwalkers.)
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7
Q

When is omission an “act” for criminal law?

A
  1. By statute. (Ex. filing tax returns)
  2. By contract. (Ex. An on duty lifeguard or nurse has a legal duty to act.)
  3. Because of the relationship between the parties. (Parents duty to protect children; spouse’s duty to protect the other spouse.)
    * *4. Because you voluntarily assume a duty of care and then fail to adequately perform it.
    * *5. When you conduct created the peril.
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8
Q

What are the four common law mental states of a crime?

A
  1. Specific intent crimes
  2. Malice crimes
  3. General intent crimes
  4. Strict liability crimes
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9
Q

What are the specific intent crimes?

A

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

Solicitation 
Conspiracy
Attempt
First Degree Murder
Assault
Larceny
Embezzlement
False Pretences
Robbery
Burglary
Forgery
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10
Q

What are 2 malice crimes on the bar?

A

Murder (common law–not 1st degree)

Arson

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11
Q

What are general intent crimes?

A

All crimes that aren’t either specific intent or malice crimes.
Two most commonly tested on the bar are rape and battery.

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12
Q

Is it possible to transfer the intent in a crime?

A

Yes. (Ex. Mean to kill Barney but miss him and kill Dora. You had the intent to murder, so the first degree murder intent will transfer even though you didn’t actually mean to kill Dora. Still had the requisite intent needed for 1st degree murder.)

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13
Q

If there is transferred intent, is it possible to be charged with both the crime and the attempt of the crime?

A

Yes. There are 2 different victims here, so there are 2 different crimes.

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14
Q

What are strict liability crimes?

A

No intent crimes. If a statute or reg doesn’t have words signalling intent, such as knowingly, willfully, or intentionally, then the statute was meant to be no intent.

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15
Q

What defenses are available to strict liability crimes?

A

Very few. Intent doesn’t matter. Knowledge doesn’t matter. Basically, if it’s a strict liability crime, then you’re strictly liable for it no matter what.

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16
Q

What are the mental states for the MPC?

A
  1. Purposely: One acts purposely when it is his conscious objective to engage in certain conduct or cause a certain result.
  2. Knowingly: One acts knowingly when he is aware that his conduct will very likely cause the result.
  3. Recklessly: One acts recklessly when he consciously disregards a substantial and unjustifiable risk.
  4. Negligently: One acts negligently when he fails to be aware of a substantial and unjustifiable risk.
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17
Q

What in an accomplice?

A

One who aids, advises, or encourages the principal in the commission of the crime charged. They must have the intent that the crime be committed.

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18
Q

For what crime is an accomplice liable?

A

The crime itself and all other foreseeable crimes.

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19
Q

How can an accomplice withdraw?

A

If they encouraged the crime, they must repudiate it.
If they provided assistance, they must do everything possible to neutralize this assistance (such as attempting to retrieve the materials).
An alternate means is also to contact the police.

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20
Q

What are the inchoate offenses in criminal law?

A

Solicitation
Attempt
Conspiracy

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21
Q

What is the rule for solicitation?

A

Solicitation is asking someone to commit a crime. The crime of solicitation ends when you ask them.
It is NOT necessary for the person solicited to agree to commit the crime. (If they agree and do it, then it’s conspiracy.)
Factual impossibility is not a defense to solicitation.

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22
Q

What are the elements of conspiracy?

A

An agreement
With an intent to agree
And an intent to pursue an unlawful objective.

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23
Q

What crimes are co-conspirators liable for?

A

Furtherance and Foreseeability
Each conspirator is liable for ALL crimes of co-conspirators if those crimes were committed in furtherance of the conspiracy and were foreseeable.

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24
Q

What is the agreement required for conspiracies?

A

The agreement need not be expressed. Intent can be inferred from conduct.

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25
Q

What is the difference in the bilateral and unilateral approach for agreement required in conspiracies?

A 
The bilateral approach (common law) requires two guilty parties. If one person in a 2 party conspiracy is feigning agreement, the other person cannot be guilty of a conspiracy. 
The unilateral (MPC approach and modern trend) requires only that one person have a genuine criminal intent.
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26
Q

What is the overt act requirement for conspiracies?

A

Majority rule is that there must be agreement plus some overt act in furtherance of the agreement. Any little act is enough for the overt act–even just mere preparation.
Common law, however, doesn’t require an overt act. Liability for the conspiracy is grounded in the agreement itself.

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27
Q

Is factual impossibility a defense to conspiracy?

A

No.

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28
Q

If a co-conspirator withdraws, even adequately, is there liability from the conspiracy itself?

A

No. Liability can be withdrawn from co-conspirators’ subsequent crimes, but not from the conspiracy itself.

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29
Q

What are the elements for attempt?

A
  1. Specific intent

2. An overt act in furtherance of the crime.

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30
Q

For attempt, is mere preparation enough to satisfy the overt act requirement?

A

No. There must be a substantial step taken in furtherance of the crime.

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31
Q

Is abandonment a defense against attempt?

A

The majority rule is that once a substantial step has been taken, abandonment is never a defense.
The M.P.C. allows this as a defense only if it was fully voluntary and a complete renunciation of criminal purpose.

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32
Q

What is the difference in legal impossibility and factual impossibility?

A

Legal impossibility means that something wasn’t actually a crime, even if you thought it was.
Factual impossibility is when the intent was there, but it was impossible to actually do. (ex. robbing an armored van that turns out to be empty.)

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33
Q

What are the defenses available for crimes based on criminal capacity?

A

Insanity
Intoxication
Infancy

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34
Q

What are the four trigger phases for insanity defenses?

A

M’Naghten rule
Irresistible Impulse
Durham Rule
Model Penal Code

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35
Q

What is the M’Naghten rule for the insanity defense?

A

At the time of his conduct, Defendant lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.

36
Q

What is the irresistible impulse rule for the insanity defense?

A

Defendant lacked the capacity for self control and free choice.

37
Q

What is the Durham rule for the insanity defense?

A

Defendant’s conduct was a product of mental illness.

38
Q

What is the Model Penal Code rule for the insanity defense?

A

Defendant lacked the ability to conform his conduct to the requirements of the law.

39
Q

When is voluntary intoxication a defense?

A

Only for specific intent crimes. No other kind of crime.

40
Q

Can addicts or alcoholics ever be involuntarily intoxicated for purposes of the bar exam?

A

No. They are always voluntarily intoxicated.

41
Q

What are the elements for involuntary intoxication?

A
  1. Unknowingly being intoxicated.

2. Becoming intoxicated under duress.

42
Q

When can involuntary intoxication be raised as a defense?

A

It is a form of insanity, and therefore can be raised as a defense to all crimes.

43
Q

What are the rules regarding infancy as a defense?

A

Under the age of 7–no criminal liability.

Under the age of 14–rebuttable presumption of no criminal liability.

44
Q

When may a victim use non-deadly force in self defense?

A

Anytime the victim reasonably believes that force is about to be used on him.

45
Q

When may deadly force be used in self defense?

A

Majority rule: A victim may use deadly force anytime the victim reasonably believes that deadly force is about to be used on him.
Minority rule: A victim is required to retreat if it is safe to do so.

46
Q

If retreat is required in self defense, what are the exceptions to the rule?

A

No duty to retreat from your home.
No duty to retreat if you are the victim of a rape or a robbery.
Police officers have no duty to retreat.

47
Q

In order to get back the defense of self defense, what must the original aggressor do?

A
  1. Withdraw

2. Communicate that withdrawl

48
Q

When may a defense of others defense be raised?

A

If he reasonably believes that the person assisted would have had the right to use force in his own defense.

49
Q

According to the majority rule, does there need to be any kind of special relationship between the defendant and the person in whose defense he acted?

A

No.

50
Q

What is the rule regarding deadly force being used in defense of a dwelling?

A

Deadly force may NEVER be used SOLELY do defend your property.

51
Q

When may duress be used as a defense to a criminal act?

A
  1. The person acts under the threat of imminent infliction of death or great bodily harm, and
  2. That belief if reasonable.

Threats to harm a third person may also suffice to establish the defense of duress.

52
Q

What is the only crime for which duress cannot be a defense?

A

Homicide

53
Q

What is required to use necessity as a defense?

A

Conduct that would otherwise be criminal is justifiable if, as a result of pressure from natural forces (tornadoes, hurricanes, floods), the defendant reasonably believes that his conduct was necessary to avoid a greater societal harm.

54
Q

When is mistake of fact a defense?

A

Only when the mistake negates intention.

55
Q

For what types of crimes must the mistake be reasonable to be a defense?

A

For malice or general intent crimes.

56
Q

In what types of crime is mistake–reasonable or unreasonable–always a defense?

A

Specific intent crimes

57
Q

When is mistake NEVER a defense?

A

Strict liability crimes

58
Q

When is consent of the victim a defense?

A

Generally it is not.

However, if someone consents to being imprisoned, then it is a defense to false imprisonment.

59
Q

When is entrapment a valid defense?

A
  1. The criminal design originated with law enforcement officers and
  2. The defendant must not have been predisposed to commit the crime.
    (Usually when this comes up, it fails on element 2.)
60
Q

What are the offenses against the person in criminal law?

A 
Battery
Assault
Aggravated assault
Homicide
False imprisonment
Kidnapping
61
Q

What are the elements of battery in criminal law?

A

Unlawful application of force to the person resulting in either bodily injury or offensive touching.
Need not be intentional.
Force need not be applied directly (ex poisoning someone is battery).
General intent crime

62
Q

What are the elements for assault in criminal law?

A

An attempt to commit a battery or

The intentional creation–other than by mere words–of reasonable apprehension of imminent bodily harm.

63
Q

What are the elements for aggravated assault?

A

Assault plus one of the following:

  1. The use of a deadly or dangerous weapon; or
  2. With the intent to rape, maim, or murder.
64
Q

What are the elements for murder?

A
  1. The unlawful killing of another human being with malice or forethought. Such a state of mind exists if there is:
    a. . intent to kill;
    b. intent to inflict great bodily harm;
    c. intent to commit a felony;
    d. reckless indifference to an unjustifiably high risk to human life.
  2. D’s conduct must be the cause in fact of the victim’s death.
65
Q

What are the elements of first degree murder?

A
  1. Premeditated killing–D must have acted with the intent or knowledge that his conduct would cause death.
  2. Felony murder–Any killing, even accidental, committed during the course of a felony.
  3. Homicide of a police officer
66
Q

What are the defenses to felony murder?

A
  1. If the defendant has a defense to the underlying felony, then he has a defense to felony murder.
  2. The felony being committed must be something other than the killing.
  3. The deaths must be foreseeable.
  4. Deaths caused while fleeing from a felony are also felony murders BUT once the D reaches a point of temporary safety, that is cut off.
  5. D is NOT liable for the death of a co-felon as a result of resistance by the victim or the police.
67
Q

What are the elements for 2nd degree murder?

A

A “depraved heart” killing–a killing done with reckless indifference to an unjustifiably high risk to human life or
Murders that are not classified as 1st degree.

68
Q

What are the elements for voluntary manslaughter?

A
  1. Killing in the heat of passion from an adequate provocation from the victim;
  2. The provocation must be one that would arouse sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control;
  3. There must not have been a sufficient time b/t the provocation and the killing for the passions of a reasonable person to cool; and
  4. The D in fact did not cool off b/t the provocation and the killing.
69
Q

What are the elements for involuntary manslaughter?

A

A killing of criminal negligence or

Misdemeanor manslaughter–killing someone while committing a misdemeanor or an unenumerated felony.

70
Q

What are the elements for false imprisonment?

A

Unlawful confinement of a person without his valid consent.

If a known alternate route is available, the confinement will not be met for purposes of false imprisonment.

71
Q

What are the elements for kidnapping?

A

Confinement of a person with either

  1. Some movement or
  2. Concealment in a secret place.
72
Q

What are the elements for rape?

A

Only thing that really need to know is that the slightest penetration completes the crime of rape.

73
Q

What are the elements of statutory rape?

A

A strict liability crime meaning: consent of the victim is not a defense and mistake of fact is no defense.

74
Q

What are the property crimes?

A 
Larceny
Embezzlement
False Pretenses 
Robbery
Extortion
Forgery
75
Q

What are the elements for larceny?

A

Common law larceny requires a wrongful taking, a carrying away (asportation) of property of another by trespass with no intent to permanently deprive.

76
Q

For larceny, when must the intent to deprive exist?

A

At the time of the taking, BUT if you take it and then decide to keep it, then can be convicted under the theory of continuing trespass.

77
Q

Is taking property in the belief that it is yours or that you have some right to it common law larceny?

A

No. It is not.

78
Q

What are the elements for embezzlement?

A

The fraudulent conversion of property of another.
Embezzler always has lawful possession followed by an illegal conversion.
A trustee is very often the embezzler on the MBE.
You don’t have to carry away to embezzle.
The embezzler doesn’t have to get the benefit.

79
Q

What are the elements for false pretenses?

A

The D persuades the owner of property to convey title by false pretenses. (Often called false representation.)
The conveyance of title is the center of false pretenses.
Could be as to a present or past fact.
A false promise to do something in the future cannot ground liability for false pretenses.

80
Q

What are the elements for robbery?

A

The taking of personal property of another from the other person’s presence, by force or threat with the intent to permanently deprive him of it.

81
Q

What are the elements for extortion?

A

Knowingly seeking to obtain property or services by means of a future threat.

82
Q

What are the differences b/t extortion and robbery?

A

You don’t have to take everything from the person or his presence to be extortion.
The threats in extortion can be of future harm–not imminent harm like is required in robbery.

83
Q

What are the elements for forgery?

A

The making or altering of a false writing with intent to defraud.

84
Q

What are the elements of burglary?

A

Breaking and entering of a dwelling of another at night with the intent to commit a felony therein.

85
Q

What is the difference in actual breaking and constructive breaking in burglary?

A

Actual breaking occurs if a door is pushed open or something of the sort but NOT if someone walks in a wide open door.
Constructive breaking is breaking by fraud or threat. (Give someone your keys to water your plants and they have a party while you’re out of town.)

86
Q

What are the elements for arson?

A

The malicious burning of the dwelling of another.
There is no specific intent needed. Reckless indifference of an obvious risk that the structure would burn will suffice for arson culpability.
Smoke damage doesn’t apply. Scorching is insufficient, but charring is sufficient for an arson charge.
You can’t be guilty of arson if it’s your own house.

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