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Crim Law Flashcards

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1
Q

Defenses for Spec, General, Malice

A

Specific Intent:

  • Vol Intoxication: for specific ONLY (may negate mens rea)
  • Invol intox (treat as insanity)
  • Reasonable OR Unreasonable Mistake of fact: for specific ONLY if it negates mens rea

Malice crime

  • Vol intox NOT a defense
  • Invol intox (treat as insanity)
  • ONLY Reasonable mistake of fact

General Intent

  • Invol intox (treat as insanity)
  • Vol intox NOT a defense
  • ONLY Reasonable mistake of fact
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2
Q

Extortion

A

Seeking to obtain prop or services by means of future threat

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3
Q

Rape

A

Nonconsensual intercourse w/person, not the spouse, accomplished by threat, force, fear, fraud (only element required: consent)

  • Slightest penetration completes the crime
    Statutory rape: mistake of fact or consent are NOT A DEFENSE
  • Mens rea: recklessness
  • Defenses: ONLY reasonable mistake
  • Vol intoxication NOT a defense
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4
Q

Infancy (Mental defense: Child) and Diminished capacity

A
  • Under < 7yrs: NO crim liab
  • 7 to <14: rebuttable presumption against crim liab
  • 14+: presumed to have mens rea
  • Diminished capacity: D has some mental defect short of insanity
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5
Q

Strict Liab

A

NO INTENT!

  • Mistake of law NOT a defense
  • Intox OR ANY mistake of fact NOT a defense
  • Statute does NOT include: knowingly, willfully, intentionally
  • Statute addresses: morality, regulatory, admin purposes
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6
Q

Defense of Others

A

D reasonably believes V would have had the right to use force in his own defense

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7
Q

Embezzlement

A

Fraudulent conversion of prop of another (lawful possession + unlawful conversion) w/intent to permanently deprive

D does NOT need to receive benefit (e.g. take trust funds and donate to charity)

  • High level employee + long term possession + never in actual possession of owner + conversion = embezzlement
  • Mens rea: specific intent crime
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8
Q

Defenses to Felony FDM

A

Not a BARRCKS felony

Defenses to BARRCKS crime

Deaths while feeling are Felony murder UNLESS D reaches place of temp safety

D is NOT liable for death of co-D if V resists and kills co-D

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9
Q

Aggravated Assault

A

Assault + use of DW or dangerous weapon OR w/intent to rape, murder

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10
Q

Mistake of fact Defense

A

Specific intent crimes: ONLY when it negates intention, mistake can be reasonable OR unreasonable

General intent + malice crimes: ONLY reasonable mistake

Malice: ONLY reasonable mistake

Strict liab crimes: NEVER a defense

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11
Q

Solicitation

A

Asking someone to commit a crime (if agreed, solicitation merges into conspiracy)

  • No need for other to agree

NOT a defense: factual impossibility

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12
Q

Forgery

A

Making/altering of a FALSE DOCUMENT of apparent legal significance w/intent to defraud

  • Focus on the Doc not its contents
  • Mens rea: specific intent crime
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13
Q

Elements of a crime

A

1) Actus Reus: voluntary act (not reflexive, convulsive, unconscious)

2) Mens Rea:
a) Specific intent crimes

b) Malice crimes
- Intent or extremely reckless
- Defenses: reasonable mistake only
- Vol intox NOT a defense
- Invol intox (treat as insanity)

c) General intent crimes
- Intent or reckless
- Defenses: reasonable mistake only
- Vol intox NOT a defense
- Invol intox (treat as insanity)

d) Strict liability crimes
3) Concurrence of the act and intent
4) Causation:

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14
Q

Accomplice:

A

Specific INTENT to aids, counsel, encourages (ACE) the P1D in the commission of the crime
AND
w/the INTENT that the crime be committed (knowledge of D’s guilt)

  • Not liable as accomplice if statute to protect the party charged

Withdrawal: Aid - do everything possible to neutralize, Encouragement - repudiate, alternatively - contact police

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15
Q

Entrapment defense

A

Criminal design originated w/PO
AND
D is NOT predisposed to commit the crime

Note: high threshold thus analyze but NOT a valid defense

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16
Q

Burglary

A

Breaking and entering of a dwelling (ANY structure customarily used for sleeping) of another, in the nighttime w/intent to commit a felony or ANY degree of larceny (intent at entry NOT already inside unless break+enter again inside)

MPC: Entering an occupied structure w/intent to commit a crime UNLESS the premises are at the time open to public or actor is licensed to enter

Constructive breaking: by fraud or threat

  • Mens rea: specific intent crime
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17
Q

Self-Defenses

A

Self-Defense available if D reasonably believed that force will be used against him AND used ONLY reasonable force (non-DF)

DF (majority rule / CA): only if reasonably believes DF will be used against him (No retreat rule)

DF (minority rule): MUST retreat if safe to do so
Except: from home, robbery, rape

Original aggressor: withdraw AND communicate withdraw. If OG uses force and V uses DF in return, OG may use DF

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18
Q

General Intent and Strict liab

A

Crimes not listed as specific are gen unless strict liab crimes

Gen Intent: D is aware he is acting in a proscribed way and that any attendant circumstances required by the crime are present

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19
Q

Larceny

A

Intentional taking and carrying away of PP in the possession of another by tresspass (w/o consent) w/intent to permanently deprive possession
- Slightest movement is sufficient
- If continuing tresspass w/o initial intent: Intent can be formed after thus Larceny
Defense: Taking prop in belief it’s yours

  • Mens rea: specific intent crime
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20
Q

Arson

A

Malicious (general intent) burning OR charring (scorching NOT enough) of dwelling (no barn, no commercial) of another (not guilty if your own)

MPC: Starting a fire or causing an explosion w/purpose of destroying building or occupied structure of another OR to one’s prop to collect insurance for oneself

21
Q

Attempt

A

Specific Intent to commit a crime AND substantial step (overt act) in furtherance of the crime (NOT mere preparation) or ineffectual act towards the commission of the crime

Withdrawal (majority): NEVER a defense
Withdrawal (MPC): fully voluntary + renunciation of crim purpose

NOT a defense: factual impossibility (legal impossibility IS a defense)

  • Mens rea: specific intent crime
22
Q

Affirmativ Defenses

A
  1. SD (DofO, DofP, DofH)
  2. Prevention of a crime
  3. Duress
  4. Necessity
  5. Public authority
  6. Entrapment
  7. Mistake of fact (reasonable and unreasonable)
  • Mistake of Law NOT a defense
23
Q

MPC mental state: Purposely

A

Person has conscious objective to engage in certain conduct or cause a certain result

24
Q

Conspiracy

A

Agreement between two or more people w/intent to agree and intent (TWO criminal minds) to commit an unlawful act (NO overt act required)

Modern: + Overt Act (by any of the Ds - even if mere preparation) in furtherance of the agreement

Liable for Conspiracy AND (Furtherance + Foreseeable):

1) All crimes committed or attempted in furtherance of conspiracy AND
2) Natural and Probably crimes (foreseeable crimes): liable for O-crimes that are NandP consequences of T-crime where a reasonable person would have expected the O-crime to likely occur

  • Withdrawal ONLY limits liab for all crimes AFTER the withdrawal BUT does NOT relieve D of the crime of conspiracy (Conspiracy already completed)
  • Withdrawal: voluntary act to withdrawal and communicate it to other co-Ds in time for their withdrawal

NOT a defense: factual impossibility
Withdrawal: NEVER a relief, ONLY limits liab for co-D’s subsequent crimes but NOT from conspiracy

NOTE: Consp is its own crime and does NOT merge w/substantive offense

  • Mens rea: specific intent crime
25
Q

Murder CL: state of mind

A

Unlawful killing of human being w/malice aforethought

Mens rea: any of these mental states BARD establishes murder

  1. Intent to kill (express)
  2. Intent to inflict GBH (implied)
  3. Intent to commit felony (felony M: BARRCKS)
  4. Reckless indifference to unjustifiable high risk to human life (depraved heart or abandoned and malignant heart)

Causation: but for
Prox Cause: D liable for all natural and probable consequences

  • Defenses: reasonable mistake only
  • Vol intox NOT a defense
26
Q

Assault

A

1) Attempt to commit battery
OR
2) Intentional Placing a person in REASONABLE apprehension (knowledge and perception of act, NOT afraid requirement)
- Reasonable: if apparent = reasonable
AND
2) Apprehension of an immediate battery
- Words alone not actionable, even if menacing words
- Words can negate the immediacy of battery (e.g. later future time)

  • Mens rea: specific intent crime
27
Q

Kidnapping

A

Moving a person a substantial distance w/o consent by force or fear

28
Q

Necessity Defense

A

Justifiable as a result of natural forces + reasonable belief that conduct is necessary to avoid greater societal harm

Necessity vs Duress: natural forces vs human threat

29
Q

Felony First DM

A

BARRCKS

Burglary, arson, robbery, rape, carjacking, kidnapping, sexual assault

30
Q

Battery

A

1) Intentional Harmful or offensive contact (i.e. std offensive contact = un-permitted contact by RP)
2) W/P’s person (i.e. anything connected to P, P holding or touching: P holding horse, D hits horse = Contact w/P’s person, D poisons P’s food and eats it hours later = Contact w/P’s person)

  • General intent crime (mens rea: recklessness)
31
Q

Factual impossibility NOT a defense for:

A

ALL inchoate crimes (solicitation, conspiracy, attempt)

32
Q

False pretenses

A

Obtaining title and possession by false (past or present) representation (cannot be future false representation) w/intent to defraud

  • Mens rea: specific intent crime

vs Larceny by trick: possession induced by misrepresentation

33
Q

First DM

A

Willful: specific intent to kill

Deliberate: formed, determined upon as a result of careful thought; and weighing of considerations for and against an action

Premeditated: considered beforehand (no time required)

Anderson factors: motive, manner of killing, planning

  • Mens rea: specific intent crime
34
Q

Consent as defense

A

NEVER

35
Q

Robbery

A

Taking and carrying away of PP of another from other person’s presence by force or fear of imminent harm w/intent to permanently deprive PP

  • Presence: mere vicinity also applies
  • Mens rea: specific intent crime
36
Q

Criminal Capacity Defenses: Intoxication

A

Vol intoxication is a defense ONLY to specific intent crimes if it negates intent

Invol intoxication (treated as insanity): unknowingly or under duress (forced). Defense to ALL crimes

37
Q

Specific intent crimes

A

Students Always Can Fake A Laugh Even For Ridiculous Bar Facts

Solicitation (inchoate crime)
Attempt (inchoate crime)
Conspiracy (inchoate crime)
First D Murder
Assault
Larceny
Embezzlement (Fraudulent conversion)
False Pretenses (title by misrep)
Robbery
Burglary
Forgery
38
Q

MPC mental state: Knowingly

A

Person is aware that his conduct will likely cause the result

  • Aware: knows, believes, substantially certain
39
Q

Malice crimes

A

Murder: malice aforethought (intent to kill, intent to inflict GBH, Intent to commit a felony BARRKS, reckless disregard of a substantial and unjustifiable risk to human life)

Arson

Definition of Malice: intent to commit the crime OR reckless disregard for life

  • Defenses: reasonable mistake only
  • Vol intox NOT a defense
  • Invol intox (treat as insanity)
40
Q

Merger theories

A

Modern Law:
- Solicitation merges into Attempt or Conspiracy
- Attempt merges into completed crime
Thus cannot be convicted of the inchoate crime and the completed crime

Conspiracy (inchoate crime) is its own theory of crim liability

41
Q

MPC mental state: Negligently

A

Person fails to be aware of a substantial and unjustifiable risk

42
Q

False Imprisonment

A

1) Intentionally applying physical, or psychological, force to restraint a person
- Sufficient if it operates on a RPP (e.g threat)
- Omission: leaving someone bound or retrained

2) Person confined to bounded area in an unreasonable manner for an unreasonable time
- Area does NOT to be defined (e.g. “wait here”)
- NOT bounded if REASONABLE means to find and escape (NOT reasonable: use of exit is hidden, dangerous, humiliating)

43
Q

Felony 2DM

A

Killing in the commission OR attempt of a felony not BARRCKS that is inherently dangerous to human life in the abstract (high prob of death)

BUT if felony is assaultive in nature, then it’s manslaughter

44
Q

Involuntary Manslaughter

A

Manslaughter: Unlawful killing of a human being w/o malice aforethought

Killing in the commission of a misdemeanor or felony NOT BARRCKS
OR
Lawful act in a reckless or negligent manner

  • Mens rea: recklessness (invol) or heat of passion (vol)
45
Q

Duress Defense

A

D believes he is under threat of imminent infliction of GBH
AND
the belief is reasonable

Defense to ALL crimes except HOMICIDE

Necessity vs Duress: natural forces vs human threat

46
Q

Larceny by trick

A

Possession induced by misrepresentation: larceny by trick

vs False pretenses: Obtaining title by misrepresentation

47
Q

Voluntary Manslaughter

A

Manslaughter: Unlawful killing of a human being w/o malice aforethought

Killing upon sudden quarrel or heat of passion resulting from LAC

  • Legally adequate provocation (objective std: reasonable person)
  • Actual provocation: D is actually provoked (subjective std)
  • Cooling-off period: no cooling-off period
  • Mens rea: recklessness (invol) or heat of passion (vol)
48
Q

Criminal Capacity Defenses: Insanity tests

A

M’Naghten (lacked): at time of conduct, D had a mental disease such that D lacked ability to know wrongfulness of his actions OR understand the nature and quality of actions

Irresistible impulse (lacked): because of mental illness D lacked capacity for self-control OR conform to the law

MPC (M’Naghten + Irresistible impulse / lacked): D had mental disease such that D lacked substantial capacity to appreciate criminality of his action OR ability to conform his conduct to requirements by law

Durham (insanity Wills): but for mental illness conduct would not have occurred (product of mental illness)

49
Q

MPC mental state: Recklessly

A

Person consciously disregards a substantial and unjustifiable risk

  • Extreme deviation from normal behavior
  • Defenses: D made a reasonable mistake
  • NOT a defense: Vol intoxication

Crim Law/Crim Pro (2 decks)

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