Crim Law Flashcards
Specific intent crimes
Students Can Always Fake A Laugh Even For Ridiculous Bar Facts
solicitation, conspiracy, attempt, first degree murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery
2 additional defenses– voluntary intoxication & unreasonable mistake
Larceny
1) trespassory taking and carrying away
2) of the personal property of another
3) with the intent to permanently deprive
Embezzlement
1) the fraudulent conversion
2) of the property of another
3) by a person who is in lawful possession of that property
False Pretenses
consists of:
1) obtaining title
2) to the property of another
3) by an intentional or knowing false statement of past existing fact
4) w/ the intent to deprive the other
Larceny by Trick
1) obtaining possession
2) of the personal property of another
3) by an intentional or knowing false statement of past existing fact
4) w/ the intent to deprive the other
Robbery
1) the taking of the personal property of another
2) from their person or presence
3) through force or threat of force
4) w/ the intent to permanently deprive
Receipt of Stolen Property
1) receipt and control of stolen property
2) known to have been obtained through a crime 3) committed by another person
4) w/ the intent to deprive
Forgery
making or altering a false writing of apparent legal significance w/ the intent to defraud
Extortion
obtaining of property or other things of value by means of oral or written threats
Burglary
1) the breaking
2) and entering
3) of the dwelling of another
4) in the nighttime
5) with the intent to commit a felony therein
CA has eliminated breaking & nighttime elements
Arson
malicious (intentionally or recklessly) burning of dwelling of another
burning must be charring not scorched - charmander
Criminal Assault
either the 1) attempt to commit a battery; OR 2) intentional creation of reasonable apprehension in the mind of the victim of imminent bodily harm
Criminal Battery
1) unlawful application of direct or indirect force
2) to the person of another
3) resulting in bodily injury or offensive touching
aggravated battery if 1) use of a deadly weapon; 2) serious bodily injury; or 3) victim in child, woman, or officer
Mayhem
the dismemberment or disablement of a body part
Kidnapping
unlawful confinement of a person that involves either: 1) movement of the victim OR 2) concealing victim in secret place
aggravated kidnapping if for ransom, for purpose of committing other crimes, for an offensive purpose (i.e. sexual offense), or child stealing
Homicide - a year and a day rule
death of victim must occur w/in 1 yr & 1 day from infliction of injury. D’s act must proximately cause victims death
Second Degree Murder
common law murder is 1) unlawful killing 2) of a human being 3) w/ malice aforethought
unlawful killing = w/out justification
malice aforethought = intent to kill, intent to inflict great bodily injury; reckless indifference to unjustifiably high risk to human life, or felony-murder
Felony Murder
felony must be dangerous and independent of killing
if co-felon is killed by victim or police, majority view its not felony-murder
First Degree Murder
committed w/ premeditation and deliberation
premeditation= act was committed after a period of reflection deliberation= act was committed cooly and dispassionately
First Degree felony murder if: burglary, arson, robbery, rape, kidnapping, and train robbery
Voluntary Manslaughter
intentional killing of a human being w/ adequate provocation
adequate provocation requires: 1) sudden intense passion that would cause ordinary person to lose control; 2) D is provoked; 3) insufficient time to cool off; and 4) D did not cool off
Involuntary Manslaughter
criminally negligent killing of another or killing by an act not a felony
no intent to kill
Inchoate Crimes
attempt, solicitation, accomplice liability, conspiracy, accessory after the fact
only solicitation & attempt merge – can only be charged for solicitation/ attempt to commit a crime or the completed crime, not both
Attempt
1) intent to commit a specific crime & 2) overt act in furtherance of that crime
Specific intent crime & merges into completed crime
factual impossibility is not defense but legal impossibility is
abandonment is never defense under majority rule
Solicitation
solicitation occurs when 1) D advises, induces, urges or commands another person to commit a crime; 2) w/ specific intent that the person solicited commit the crime
majority- can’t withdraw once solicitation has been made
factual impossibility not defense (i.e. undercover cop)
Accomplice liability
1) D encourages or assists another person who commits a crime 2) w/ intent to promote or facilitate commission of crime. 3) D guilty of all foreseeable acts/ crimes of other person engaged in commission of crime
general agreement/ knowledge not intent
doesn’t apply to accomplices who help after crime committed
withdrawal must be before crime becomes unstoppable- must repudiate & attempt to neutralize
Accessory after the fact
1) one who comforts or assists another 2) knowing they have committed a felony 3) in order to help them escape arrest, trial, or conviction
Conspiracy
requires 1) agreement between 2+ ppl to commit a crime; 2) intent to enter into the agreement; and 3) intent to achieve object of the agreement
Most states also require act in furtherance of conspiracy (i.e. preparation)
all co-conspirators are guilty for acts of co-conspirators that are foreseeable & in furtherance of conspiracy
withdrawal not defense under common law but is under MPC if thwart crime
Self defense - non deadly force
can use non-deadly force 1) if faced w/ imminent use of unlawful force; 2) used force reasonably believed to be necessary to protect themselves; 3) were w/out fault (didn’t initiate)
majority rule - no duty to retreat
Self defense - deadly force
can use deadly force if 1) confronted w/ unlawful force ; 2) reasonably believed threatened w/ imminent death or great bodily harm; 3) w/out fault (didn’t initiate)
Imperfect Self Defense
if D’s belief as to threat is unreasonable, finding of imperfect self defense will mitigate murder to voluntary manslaughter
Defense of Another
person may defend another if reasonably believe other person is legally entitled to use force and may only use reasonable force
Defense:
Necessity
D must have reasonable belief their criminal conduct was necessary to avoid greater harm to society (i.e. tossing cargo to prevent boat from sinking)
Defense:
Duress
requires a threat which defendant reasonably believes threatens death or great bodily harm to himself or family
not defense to homicide
Defense:
Mistake of Fact
must be reasonable & must negate the required mental state for the crime e.g. accused takes bag reasonably believing it was theirs – no larceny bc no intent to deprive
not defense to strict liability crimes
specific intent crimes, mistake can be unreasonable. malice & general only reasonable mistake
Defense:
Voluntary intoxication
defense to all specific intent crimes (1st degree murder, burglary, larceny, robbery, & attempt) but not to general intent crimes (2nd degree murder)
Defense:
Involuntary Intoxication
defense to all general & specific intent crimes
Defenses:
Infancy
under 7 -> no liability
under 14 -> rebuttable presumption against liability
Insanity Defenses
McNaughten rule, Irresistible Impulse, Durham Rule, ALI/MPC Test
McNaughten Rule
D should be acquitted if a disease of the mind caused a defect of reason such that they lacked the ability to either know the wrongfulness of their actions OR understand the nature & quality of their actions
Irresistible Impulse
D should be acquitted if
unable to control their actions or conform conduct to the law bc mental illness
Durham Rule
D should be acquitted if
crime was product of mental disease or defect
ALI/MPC Test
D should be acquitted if
lacked substantial capacity to appreciate criminality of conduct or conform conduct to law bc mental disease
