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Utah Essay Bar Studies > Crim Law > Flashcards

Crim Law Flashcards

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1
Q

Types of Intent

A

Specific
General
Malice

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2
Q

Crimes of Specific Intent

A

First Degree Murder
Inchoate Crimes
Assault
Theft Crimes

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3
Q

Specific Intent

A

Requires intent to do the specific act

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4
Q

Crimes of Malice

A

Arson

Murder

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5
Q

Transferred Intent

A

Intent to commit crime but ends up committing another crime OR against another person OR both

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6
Q

Vicarious Liability Crimes

A

Business liable when offensive act
Performed by agent of corp
W/ in the scope of employment

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7
Q

MPC Vicarious Liability Crimes

A

Corp fails to discharge duty imposed by law
Agent acting in scope of employment
Statutory liability for specific act

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8
Q

Larceny (Specific Intent)

A 
Trespassory taking AND
Carrying away of 
Personal property of
Another with
Intent to permanently deprive
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9
Q

Defenses of Larceny

A

Good faith claim of right of possession

Negates “property of Another”

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10
Q

Larceny from Fraud

A

Larceny by Trick

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11
Q

Embezzlement (Specific Intent)

A

Personal property of another
Obtained by lawful possession and
Fraudulently converted for own personal use

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12
Q

False Pretenses (Specific Intent)

A

Knowingly makes false representation
Of past or present material fact
Which causes another person to convey title
With intent to defraud

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13
Q

Receipt of Stolen Property (Specific Intent)

A

Knowingly receives, conceals or disposes of
Stolen property with
Intent to permanently deprive

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14
Q

Burglary (Specific Intent)

A 
Breaking and
Entering of
Dwelling house of another
At night (not required modernly)
With intent to commit felony therein
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15
Q

Arson (Malice)

A 
Malicious 
Burning/damage to structure of 
Modernly explosions too
Dwelling house of another 
Modernly your own too
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16
Q

Robbery (Specific Intent)

A

Larceny PLUS
Taken in presence and
By force or placing owner in fear

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17
Q

Assault (Specific Intent)

A

Attempt to commit battery OR
Intent to place another in
Reasonable apprehension of imminent injury
Aggravated if deadly weapon

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18
Q

Battery (General Intent)

A

Intentional or reckless
Causing of bodily injury OR
Offensive touching
Aggravated if deadly weapon

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19
Q

Rape

A

Unlawful sexual intercourse
Of a female (modernly gender neutral)
Not one’s wife (modernly marriage irrelevant)

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20
Q

Statutory Rape

A

Sexual intercourse with
Person under age of consent
Regardless of consent

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21
Q

Kidnapping

A

Unlawful confinement
Of another involving
Movement or concealment in secret location
Aggravated: for ransom, to commit another crime or children

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22
Q

Murder/Homicide (Malice)

A

Unlawful killing of
Human being
With malice aforethought

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23
Q

CL Mental States of Murder

A

Intent to Kill
Intent to inflict GBI
Reckless Disregard
FMR

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24
Q

Intent to Kill

A

Desire to kill or has knowledge to

Substantial certainty death will occur

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25
Q

Intent to inflict GBI

A

Desire to inflict GBI or has

Knowledge to substantial certainty

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26
Q

Reckless Disregard

A

Indifference to value of human life

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27
Q

FMR

A

Foreseeable killing proximately caused by or during commission or attempted commission of inherently dangerous felony
Underlying crime merges

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28
Q

FMR Crimes

A 
BARRK:
Burglary
Arson
Rape 
Robbery
Kidnapping
29
Q

Exceptions to FMR Death of Co-Felon

A

Not liable when killed by police

30
Q

Exceptions to FMR Death of bystander

A

Maj: agency theory JDX & not liable
Min: proximate cause liable

31
Q

Murder 1

A

Premeditated and deliberate
Explodes in anger not deliberate
FMR can be Murder 1 modernly

32
Q

Murder 2

A

Not premeditated or deliberate but not manslaughter

Statutory rule of common law murder

33
Q

Voluntary Manslaughter

A

Heat of Passion

Imperfect Self Defense

34
Q

Heat of Passion

A

Reasonable provocation so defendant acted in heat of passion w/ no cooling off time and defendant did not cool off

35
Q

Imperfect Self Defense

A

Makes unreasonable mistake about
Need for self defense or
Defendant started altercation

36
Q

Involuntary manslaughter

A

Grossly negligent:

Disregard of substantial danger of serious bodily injury or death

37
Q

Misdemeanor Manslaughter

A

Commits misdemeanor and death occurs accidentally during commission or felonies not rising to murder

38
Q

Causation of Murder

A

Actual (but for)

Proximate (foreseeable)

39
Q

Inchoate Crimes

A

Solicitation
Conspiracy
Attempt

40
Q

Solicitation (Specific Intent)

A

One requests or encourages another to commit a crime with intent that solicited person actually commits regardless of whether they agree
Merges into completed offense

41
Q

Conspiracy (Specific Intent)

A

Agreement between two or more persons who intent to commit an unlawful act OR a lawful act by unlawful means
Does not merge into completed offense

42
Q

Modern Conspiracy

A

Unilateral agreement enough AND

Requires overt act

43
Q

Co-Conspirator Liability

A

Liable for crimes of co-conspirators if crimes committed in furtherance of conspiracy AND reasonably foreseeable

44
Q

Withdrawal of Conspiracy

A

Once agreement and conspiracy formed, cannot withdraw from conspiracy liability BUT can withdraw from future crimes of co-conspirators
Must communicate to all co-conspirators AND take affirmative action to withdraw

45
Q

Attempt

A

Act done with intent to commit crime AND affirmative act or substantial step in furtherance beyond mere preparation
Merges into completed offense

46
Q

Defenses to Inchoate Crimes

A

Factual Impossibility NOT defense

Legal Impossibility defense

47
Q

Accomplice

A

Aids, abets, assists or encourages
Mere knowledge insufficient
Carrying out a crime AND
present physically or constructively

48
Q

Liability of Accomplice

A

Liable for crime assisted or encouraged if carried out
Liable for additional crimes committed by principal
If natural and probable consequence of crime

49
Q

Accessory after Fact

A

Knowingly gives assistance to felon
For purpose of avoiding apprehension
Following commission of crime

50
Q

Withdrawal of Accomplice

A

Can withdraw before crime committed BUT if already assisted, must render assistance ineffective

51
Q

Defenses

A 
Self
Others
Property
Insanity
Intoxication
Impossibility
Necessity
Mistake
Entrapment
52
Q

Self Defense

A

Right to self defense against
unlawful force BUT must use reasonable force in response
Deadly force ONLY IF reasonably believed faced with deadly force against him
No duty to retreat in own home

53
Q

Maj: Self Defense

A

No duty to retreat

54
Q

Imperfect Self Defense Requirements

A

Kills in self defense because of
Unreasonable belief faced with deadly force
Murder may be reduced to Voluntary Manslaughter

55
Q

Defense of Others

A

Reasonable force to defend another when reasonably believes that person would be justified to use such force
Minority: “Stands in shoes”
Defend another only if person defended was justified to use self-defense

56
Q

Defense of Property

A

Reasonable amount of force (never deadly) to protect real or personal property

57
Q

Insanity Tests

A

M’Naghten
Irresistible Impulse
Durham
MPC

58
Q

M’Naghten Test

A

Suffered from mental disease causing a defect in reasoning powers that resulted in not understanding nature & quality of act OR did not know act was wrong

59
Q

Irresistible Impulse Test

A

Unable to control conduct due to mental illness

60
Q

Durham test

A

Conduct was product of mental illness (but for)

61
Q

Model Penal Code (MPC)

A

Lacked substantial capacity to appreciate criminality OR

Conform conduct to requirements of law

62
Q

Voluntary Intoxication

A

Only defense to specific intent crimes such that prevented formulating requisite

63
Q

Involuntary Intoxication

A

Treated as an illness
Defense to all crimes
Negates intent to commit the crime when ingested unknowingly or under duress

64
Q

Factual Impossibility

A

Factually impossible to complete crime

Generally not valid defense

65
Q

Legal Impossibility

A

Intended acts is not criminal in nature

66
Q

Necessity Defense Crimes

A

Reasonably believed commission of crime necessary to avoid imminent and greater injury to society

67
Q

Mistake of Fact

A

Negate specific intent crime and malice only general intent IF mistake was reasonable

68
Q

Mistake of Law

A

Generally not defense
Unless relied on court/admin OR
Official interpretation of law OR
Statute not reasonably available prior to conduct

69
Q

Entrapment

A

Law enforcement official or someone cooperating induces a person to commit a crime that wasn’t otherwise predisposed to commit

Utah Essay Bar Studies (16 decks)

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