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Z - Others > Crim Law > Flashcards

Crim Law Flashcards

1
Q

Purpose

A

act with the conscious objective to bring about prohibited result

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2
Q

Knowledge

A

knows with almost absolute certainty that actions will bring about prohibited result

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3
Q

Intent

A

Generally: purpose OR knowledge

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4
Q

Willful

A

acting with purpose or knowledge (intent) AND moral turpitude

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5
Q

Reckless

A

aware that conduct creates unjustifiable risk and ignores that risk to engage in conduct anyway

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6
Q

Criminal negligence

A

actions create unjustifiable risk without subjective awareness of that risk but where a reasonable person would have known - gross deviation from reasonable standard of care

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7
Q

Specific intent

A

proof that D intended to produce specifically prohibited harm -> need purpose or knowledge, can be negated by honest but unreasonable mistake

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8
Q

General intent

A

proof that D desired to do the prohibited act -> reckless or criminally negligent, can be negated by a reasonable AND honest mistake

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9
Q

Express malice

A

Intent to kill: with purpose to kill, with knowledge that conduct would kill, or with intent to inflict grievous bodily harm (often inferred from the use of deadly weapons)

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10
Q

Implied malice

A

D caused death as a result of extreme reckless or criminally negligent behavior or wanton disregard for human life. Also felony murder.

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11
Q

Concurrence

A

The actus reas was set in motion by the requisite criminal state of mind

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12
Q

Types of actual cause

A

(1) but for (2) substantial factor (3) acceleration

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13
Q

Proximate cause problems

A

(1) grossly negligent or reckless conduct is generally superseding (2) more generally: independent or coincidental intervention

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14
Q

Murder

A

unlawful killing + malice

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15
Q

First degree murder (MBE)

A

unlawful killing + express malice +premeditation (quantity of thought) or deliberation (quality of thought). ALSO: felony, lying in wait, poison, terrorism, torture, special victim.

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16
Q

Depraved heart murder

A

unintentional killing resulting from (1) extreme risk creation (2) grossly negligent or reckless conduct (3) demonstrates wanton indifference to human life, conscious disregard of unreasonable risk

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17
Q

Felony murder

A
  1. right felony - serious or inherently dangerous AND independent of the killing: burglary, arson, rape, robbery, kidnapping OJO also a felony that is committed in a dangerous manner OR legislature was aiming at the same kind of hazard to life when it passed the felony 2. right connection - foreseeable outgrowth of felony 3. right time - result of injuries inflicted during commission, attempt, or flight, NOT after felon has reached a place of temp. safety 4. right killing - Modern Majority Agency Rule only those by a co-felon, sometimes when non-felon kills non-fellon. Not when police justifiably kill a co-felon. OJO MD: only killings by co-felons that are part of a common design and where a human shield is killed by a nonfelon.
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18
Q

Second degree murder

A

With malice but w/o first degree elements: intentional but not premeditated OR extreme recklessness

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19
Q

Voluntary manslaughter

A

no malice because of (1) intentional killing w/ adequate provocation negating malice - heat of passion OJO! MD finding cheating spouse not enough (2) diminished mental capacity (3) imperfect self-defense: honest but unreasonable judgment

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20
Q

Adequate provocation for voluntary manslaughter

A

would lead the reasonable/ordinary person to lose control and fly into a homicidal rage. OJO words not enough, there must be a causal connection, and there must not be too much time

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21
Q

Involuntary manslaughter

A

unintentional killing resulting from unjustifiable risk - gross negligence or reckless not sufficiently extreme to become implied malice

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22
Q

Misdemeanor manslaughter

A

Unintentional killing during commission or attempted commission of a misdemeanor that is malum in se or of a not inherently dangerous felony

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23
Q

Criminal battery

A

General intent (1) unlawfully apply force to victim (2) with at least negligence (3) and no legal justification

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24
Q

Aggravated battery

A

(1) causes serious bodily injury (2) uses deadly weapon (3) batters special victim

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25
Q

Defenses to criminal battery

A

(1) valid consent NOT to breach the peace (2) self-defense or of others - proportional (3) prevention of crime - proportional

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26
Q

Criminal assault

A

(1) failed attempted battery (victim can be unaware) (2) fear of battery (must cause reasonable apprehension, words insufficient)

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27
Q

Aggravated felony assault

A
  1. with dangerous weapon 2. intent to rape or murder 3. special victim
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28
Q

Mayhem

A

Intent to maim or do bodily injury that 1. dismembered 2. disabled use of body part useful for fighting 3. permanently disfigure

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29
Q

False imprisonment

A
  1. confinement 2. intentional and against the law 3. victim fully confined OJO lesser included offense of kidnapping so can’t get charged with both
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30
Q

Kidnapping

A
  1. unlawful 2. restraining of a person’s liberty 3. by force or show of force 4. taken to another location
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31
Q

Rape

A

carnal knowledge against victim’s will. no force requirement, only force of penetration. no resistance requirement, only objective evidence of no consent. Defense: honest and reasonable mistake as to consent OJO not for statutory rape.

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32
Q

Larceny

A

tresspatory taking: convert CUSTODY to POSSESSION. 1. trespatory taking 2. carrying away 3. of tangible personal property of another 4. with intent to permanently deprive (specific intent) -> concurrence if develops intent to permanently deprive at any time. Reckless exposure to substantial risk of loss counts. Defense: honest unreasonable mistake. NOTE: lesser included offense to robbery.

33
Q

Embezzlement

A
  1. unlawful conversion 2. of personal property 3. by one in lawful possession 4. with specific fraudulent intent to steal. POSSESSION to OWNERSHIP. Defense: honest unreasonable mistake.
34
Q

Robbery

A
  1. trespatory taking with intent to steal 2. from the person or in presence of the victim 3. with force or threat of force that places victim in actual fear OJO in MD includes procuring the services of another
35
Q

Obtaining property by false pretenses

A

obtaining legal title by fraud, and moving. 1. false representation 2. that causes V to pass title 3. to the D 4. who knows it is false 5. and intends to defraud. Get OWNERSHIP.

36
Q

Larceny by trick

A

obtaining possession by fraudulent misrepresentation. Get POSSESSION. OJO taking with a false check is this, not obtaining by false pretense, because title doesn’t pass until the check clears.

37
Q

Extortion

A

obtaining property through threats of future harm (vs present harm - robbery)

38
Q

Receiving stolen property

A

what it says. must have intent to steal.

39
Q

Forgery

A

fraudulent making of false writing (or material alteration) w/ apparent legal significance with intent to make wrongful use

40
Q

Burglary

A
  1. breaking (including constructive by fraud) 2. and entering (any part of the body) 3. the dwelling of another (any structure) 4. at night (no longer) 5. with intent to commit felony (can’t be formed afterward)
41
Q

Arson

A

Malicious act creating considerable risk of burning a structure. In MD: 1st degree: willfully and maliciously set fire to or burn a dwelling or a structure in which someone who is not a participant is present 2d degree: a structure that belongs to the person or to another

42
Q

Solicitation

A

requesting any offense with intent that the person do it - encouragement is not enough -> if attempted or happens, merges into accomplice liability
OJO it is not solicitation to request one person to commit a crime where the request is communicated in such a negligent manner that another, unintended person receives the message and decides to act upon it and commit the same crime. must have SI for specific person.

43
Q

Attempt

A
  1. specific intent (purpose) of criminal result and 2. significant overt act in furtherance of: CL last act necessary, MPC substantial step, proximity in time and space, unequivocally indicates. includes factual impossibility - if facts were as D thought, would have committed
44
Q

Attempt: Defenses

A
  1. abandonment voluntary and complete under MPC only 2. legal impossibility - not a crime
45
Q

Conspiracy

A
  1. agreement to create criminal combo of 2+ people 2. with intent to agree and specific intent to commit unlawful act 3. modern statutes require proof of overt act in furtherance, including beginning to prepare OJO! MD does NOT require overt act
46
Q

Conspirator liability

A

everyone liable for all foreseeable acts committed in furtherance of conspiretal goal

47
Q

Unilateral conspiracy

A

permits conviction of a single party when the other feigned agreement or was acquitted

48
Q

Wharton Rule (conspiracy)

A

a crime requiring 2 people can’t be a conspiracy, but if a third joins it is (e.g. dueling). OJO: Where a crime is based upon a transaction necessarily involving at least two people, and the legislature includes only one of them within the operation of the statute, this is an indication that the legislature intended that the other person (or class of persons) not be punished by the statute.

49
Q

Conspiracy: Defenses

A

MPC: complete and voluntary withdrawal severs liability from future crimes, renunciation - affirmative act to thwart - is a full defense

50
Q

Accomplice liability

A

If 1. facilitates commission of a crime or attempt, including encouragement (does not have to be essential) 2. with purpose to bring about a crime -> liable for all reasonably foreseeable

51
Q

Accomplice: Defenses

A
  1. CL: withdraw with notice and nullify then not liable for future crimes 2. MPC: must do one of the following: render prior assistance completely ineffective, provide police with timely warning, or make proper effort to prevent crime
52
Q

CL terms for accomplice liability

A

Principal in 1st degree: trigger puller. In 2d degree: aid/abetter. Accessory b4 fact: aid/abet but not present. After fact: must show 1. completed felony 2. knew of felony 3. gave aid or hindered apprehension, conviction, punishment (now a dif crime) OJO! these exist in MD, for felonies only - an “accomplice” must have also participated in the actual crime

53
Q

Justification defenses

A

Nullifies the ‘reus.’ Requires actions to have been necessary. Self defense, of others, of property, necessity.

54
Q

Excuse defenses

A

forgives D for unjustifiable crime. Nullifies the culpability. Insanity, involuntary intoxication, duress.

55
Q

Insanity: M’Naghten test

A
  1. suffered severe mental disease or defect AND 2. as a result unable to know either a. nature/quality of act (conform conduct to law) or b. that act was wrong (appreciate wrongfulness). OJO! intoxication can count
56
Q

Insanity: Irresistible impulse test

A

incapable of controlling impulse to commit crime even though know illegal (volitional problem)

57
Q

Insanity: MPC test (also MD)

A

lack of substantial capacity to conform conduct to law or appreciate criminality of action (OJO in MD different from automatism - unconscious but capable of actions)

58
Q

Involuntary intoxication

A

always a defense if negates element of the crime - can be voluntary ingestion without knowledge of effects

59
Q

Voluntary intoxication

A

not a complete defense but may negate specific intent element (to steal, premeditation, etc.)

60
Q

Duress

A

reasonably believes that only way to avoid great bodily harm or death is to commit an unlawful act. Not defense to murder except felony murder.

61
Q

Self-Defense

A

honest and reasonable belief that necessary to use force to defend against unlawful imminent threat of bodily harm. Deadly:threat must be of death or grievous bodily injury

62
Q

Self Defense: Unclean hands

A

CL if aggressor did a complete withdrawal, could claim self defense. Modern: if the first victim responds with excessive force, SD restored.

63
Q

Self defense: duty to retreat

A

CL: retreat to the wall. Now if deadly force 35 states say stand your ground. Retreat never required if in home/office/auto or if not a feasible alternative

64
Q

Defense of others

A

when necessary when facing unlawful threat of imminent harm. Maj: made reasonable judgment that person they were protecting was the victim. Min: step into shoes.

65
Q

Defense of property

A

reasonable nondeadly force justified to defend against theft, destruction, trespass if 1. D reasonable belief in imminent danger to property and 2. no greater force than necessary. NEVER deadly force.

66
Q

Necessity

A
  1. necessary to avoid immediate threat of greater harm to person or property 2. no reasonable alternative 3. D not responsible for creating the harm. Not to murder.
67
Q

Imperfect Self-Defense

A

An honest but unreasonable belief that force is necessary. Negates malice -> voluntary manslaughter.

68
Q

Mistake of law

A

where a defendant is unaware that his acts are criminally proscribed. ONLY where the statute proscribing the defendant’s conduct has not been made reasonably available, or where the defendant reasonably relied on a statute or judicial decision that is later overruled or declared unconstitutional.

69
Q

Defense: Authority

A

A private citizen may use deadly force to prevent a felon from fleeing, but if the citizen is mistaken, even reasonably, about the identity of the felon, the privilege evaporates. A private citizen may use force reasonably believed necessary to prevent the commission of a felony, but that force must stop short of deadly force.

70
Q

Willful Blindness (MD)

A

where person believes that it is probable something is a fact but deliberatly shuts their eyes or avoids making reasonable inquiry with conscious purpose to avoid learning the truth

71
Q

First Degree and Felony Murder (MD)

A

deliberate, premeditated, willful killing. malice inferred from lying in wait or poison. First degree felonies: arson, burning a barn/outbuilding, burglary, carjacking, escape, kidnapping, mayhem, rape, robbery, sexual offense, sodomy, making a destructive device

72
Q

Second Degree Murder (MD)

A
  1. intent to kill w/o premeditation or deliberation 2. intent to inflict grievous bodily harm 3. depraved heart murder 4. murder w. felony other than those enumerated
73
Q

Felony Assisted Suicide (MD)

A
  1. purpose of assisting another to commit suicide 2. knowingly by coercion, duress, or deception 3. knowingly provides physical means, OR 4. knowingly participates in a physical act
74
Q

Assault in MD

A

encompasses battery. First degree: 1. intent for serious physical injury (disfigure, loss of or impairment of body part) or 2. with a firearm 3. any other when intentionally against law enforcement officer in line of duty

75
Q

Surveillance MD

A
  1. visual: misdemeanor to conduct in a private place w/o consent 2. visual w/ prurient intent: misdemeanor to do so in a private place or of a private area 3. camera: can’t put on other’s private property w/o consent
76
Q

Dangerous Weapons MD

A

misdemeanor to carry concealed weapon, or mace/pepper spray with intent to hurt

77
Q

Hate Crimes MD

A

unlawful to commit crime because of race, color, religion, sexual orientation, gender, disability, national origin, homelessness but w. 1st Am protections

78
Q

Burglary MD

A

1st: break and enter dwelling another with intent to commit crime of violence or theft
2d: break and enter storehouse of another with intent to commit theft, violence, or 2d arson
3d: dwelling w in tent to commit crime
4th: general intent crime, burglars tools etc.
ALSO common law burglary

79
Q

Reckless endangerment MD

A

conduct creating substantial risk of death or serious physical injury to another. Gross departure from standard of conduct of law-abiding person; general intent crime

Z - Others (14 decks)

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