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Utah Essay Bar Studies > Crim Law > Flashcards

Crim Law Flashcards

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
Intent to inflict GBI
Desire to inflict GBI or has | Knowledge to substantial certainty
26
Reckless Disregard
Indifference to value of human life
27
FMR
Foreseeable killing proximately caused by or during commission or attempted commission of inherently dangerous felony Underlying crime merges
28
FMR Crimes
``` BARRK: Burglary Arson Rape Robbery Kidnapping ```
29
Exceptions to FMR Death of Co-Felon
Not liable when killed by police
30
Exceptions to FMR Death of bystander
Maj: agency theory JDX & not liable Min: proximate cause liable
31
Murder 1
Premeditated and deliberate Explodes in anger not deliberate FMR can be Murder 1 modernly
32
Murder 2
Not premeditated or deliberate but not manslaughter | Statutory rule of common law murder
33
Voluntary Manslaughter
Heat of Passion | Imperfect Self Defense
34
Heat of Passion
Reasonable provocation so defendant acted in heat of passion w/ no cooling off time and defendant did not cool off
35
Imperfect Self Defense
Makes unreasonable mistake about Need for self defense or Defendant started altercation
36
Involuntary manslaughter
Grossly negligent: | Disregard of substantial danger of serious bodily injury or death
37
Misdemeanor Manslaughter
Commits misdemeanor and death occurs accidentally during commission or felonies not rising to murder
38
Causation of Murder
Actual (but for) | Proximate (foreseeable)
39
Inchoate Crimes
Solicitation Conspiracy Attempt
40
Solicitation (Specific Intent)
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
Conspiracy (Specific Intent)
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
Modern Conspiracy
Unilateral agreement enough AND | Requires overt act
43
Co-Conspirator Liability
Liable for crimes of co-conspirators if crimes committed in furtherance of conspiracy AND reasonably foreseeable
44
Withdrawal of Conspiracy
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
Attempt
Act done with intent to commit crime AND affirmative act or substantial step in furtherance beyond mere preparation Merges into completed offense
46
Defenses to Inchoate Crimes
Factual Impossibility NOT defense | Legal Impossibility defense
47
Accomplice
Aids, abets, assists or encourages Mere knowledge insufficient Carrying out a crime AND present physically or constructively
48
Liability of Accomplice
Liable for crime assisted or encouraged if carried out Liable for additional crimes committed by principal If natural and probable consequence of crime
49
Accessory after Fact
Knowingly gives assistance to felon For purpose of avoiding apprehension Following commission of crime
50
Withdrawal of Accomplice
Can withdraw before crime committed BUT if already assisted, must render assistance ineffective
51
Defenses
``` Self Others Property Insanity Intoxication Impossibility Necessity Mistake Entrapment ```
52
Self Defense
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
Maj: Self Defense
No duty to retreat
54
Imperfect Self Defense Requirements
Kills in self defense because of Unreasonable belief faced with deadly force Murder may be reduced to Voluntary Manslaughter
55
Defense of Others
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
Defense of Property
Reasonable amount of force (never deadly) to protect real or personal property
57
Insanity Tests
M'Naghten Irresistible Impulse Durham MPC
58
M'Naghten Test
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
Irresistible Impulse Test
Unable to control conduct due to mental illness
60
Durham test
Conduct was product of mental illness (but for)
61
Model Penal Code (MPC)
Lacked substantial capacity to appreciate criminality OR | Conform conduct to requirements of law
62
Voluntary Intoxication
Only defense to specific intent crimes such that prevented formulating requisite
63
Involuntary Intoxication
Treated as an illness Defense to all crimes Negates intent to commit the crime when ingested unknowingly or under duress
64
Factual Impossibility
Factually impossible to complete crime | Generally not valid defense
65
Legal Impossibility
Intended acts is not criminal in nature
66
Necessity Defense Crimes
Reasonably believed commission of crime necessary to avoid imminent and greater injury to society
67
Mistake of Fact
Negate specific intent crime and malice only general intent IF mistake was reasonable
68
Mistake of Law
Generally not defense Unless relied on court/admin OR Official interpretation of law OR Statute not reasonably available prior to conduct
69
Entrapment
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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