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FLAP (MBE) > Crim law (MBE) > Flashcards

Crim law (MBE) Flashcards

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MBE flashcards
1
Q

How many types of homicide are there?

A

Two: murder (4 subs-needs INTENT) and manslaughter (2 subs)

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2
Q

What are the types of murders?

A

(1) intent to kill; (2) intent to inflict serious bodily injury; (3) felony murder; (4) depraved heart

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3
Q

Define (1) intent to kill

Murder

A

The crime is PREMEDITATED ++ there must be EXPRESS specific intent to kill

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4
Q

Define (2) intent to inflict serious bodily injury

Murder

A

Person intended to inflict such serious bodily injury BUT the person ended up dying

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5
Q

Define (3) felony murder

Murder

A

Death resulting from committing dangerous felony (BARRK)

B: battery
A: arson
R: rape
R: robbery
K: kidnapping

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6
Q

Define (4) depraved heart

Murder

A

Reckless disregard of human life

Reckless disregard = “knew or should have known” that death could happen an acted anyway. Synonym: malice/malicious

ONLY general intent murder (does not need a mental state)

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7
Q

How many types of manslaughter are there?

A

Two: (1) voluntary, and (2) involuntary

Remember these are both general intent (no mental state needed, just whether the death happen and how)

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8
Q

Define (1) voluntary manslaughter

A

There was ADEQUATE provocation, that out you in the HEAT of passion, leaving you NO TIME to cool off

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9
Q

Define (2) involuntary manslaughter

A

There was negligent conduct that caused a death

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10
Q

What is the difference b/w Murder (4) depraved heart - reckless AND manslaughter (2) involuntary - negligent?

A

Reckless behavior: PEOPLE are around

Negligent: NO people around

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11
Q

SPECIFIC intent crimes (not homicide)

A

There are 2: inchoate crimes and property crimes

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12
Q

Types of inchoate crimes

A

Three: (1) attempt; (2) conspiracy; and (3) solicitation.

Note: it CANNOT be a joke, dare, bluff. It has to be real

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13
Q

(1) Attempt

inchoate crimes

A

criminal intent to commit the crime AND overt act or substantial step toward completing it.

In sum: facts say you want to do it, and you take steps towards it (EVEN if you later regret it/return/etc.)

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14
Q

Example: is this an attempt?

A

Karla R wanted to steal a lighter, grabbed it from the table BUT then she decided not to.

Attempt? YES b/c all elements are met!

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15
Q

(2) conspiracy

Inchoate crimes

A

2+ people agree to commit a crime (**ALL ** people MUST have the SPECIFIC criminal intent to commit such crime).

In sum: there has to be an AGREEMENT w/intent to commit the crime

It cannot be that only one person has the intent

i.e. if a cop is trying to set me up to commit a crime, and we make an agreement to commit such crime –> NO CL conspiracy b/c only I had the intent

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16
Q

MPC (model penal code) unilateral theory of conspiracy

A

Liable if ONE person (on their own) commits to commit the crim (has the intent to do so).

No need for a group intent

Under this, if a cop is trying to set me up to commit a crime, and we make an agreement to commit such crime –> YES MPC conspiracy

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17
Q

Co-conspirator rule

CL

A

Once there is a conspiracy, any crime committed by ONE makes everyone else liable (whether others committed it or not) IF:
the crime committed is in furtherance of the conspiracy (forseeable from the conspiracy).

The crime has to be related to the conspiracy

i.e. Norby and Rod-Dod conspire to commit armed robbery; they go to the chosen bank and change their mind, but accidentally Rod-dod’s gun goes off and shoots a guard - both guilty?

18
Q

Withdrawal

Conspiracy

A

You CAN withdraw from committing the crime(s) IF, before commititng the crime(s), you provide NOTICE to your co-conspirator(s) OR law enforcement.

Always guilty of conspiracy, even when withdrawing from the crime itself

19
Q

(3) Solicitation

inchoate crimes

A

You offer, entice, motivate or encourage someone else to commit a crime w/INTENT that they do so

20
Q

What are the types of property crimes?

specific intent crimes

A

Burglary, larceny, robbery, assault
Larceny by trick and false pretenses
Embezzlement
Accomplice liability (before the fact)
Accessory AFTER the fact

21
Q

Burglary

Property-specific intent crime

A

**Breaking and entering the dwelling of another @Night w/INTENT to commit a felony **

Breaking = any opening/enlarging of an entryway
Entering = any part of the body in the dwelling (even your pinky counts)
Dwelling = someone lives there
Intent = requires the mental state BUT does not require you sctually completing the crime.

22
Q

Larceny

Property-specific intent crime

A

Trespassory taking away of personal property w/intent to permanently deprive

Trespassory= carrying/touching property w/o your permission
Taking away = move it (even an inch)

Never worry about about what happens AFTER person moves the thing w/Intent

23
Q

Robbery

Property-specific intent crime

A

Intentionally taking personal property w/FORCE/intimidation or fear

Look at this from the victim’s POV (even a belief of fear would be sufficient)

24
Q

Assault

Property-specific intent crime

A

Intent to commit a battery OR
place another in imminent apprehension of a harmful contact-WORDS alone are NOT enough

MUST have evidence of apprehension (a bat, gun, knife, etc.)

25
Q

Larceny by trick

Property-specific intent crime

A

Taking POSESSION by miserepresenting a fact (lying).

Posession is the KEY element -

no matter how long you have the property, you ONLY possess it unless fact patter tells you you have title (then, different rule)

This is the default when someone takes by misrepresentation

26
Q

False pretenses

Property-specific intent crime

A

Obtaining TITLE by misrepresenting a fact
MUST show title (facts must give you some piece of paper evidencing ownership/title)

2 ways to show: a buy-sell transaction OR a scam sale/fraudulent transaction

27
Q

Embezzlement

Property-specific intent crime

A

You were holding/protecting someone’s property (so initially had legal possession) BUT you then converted it for your own use

Think pawn-shop guy holding your jewelry (lawful posess.) and selling it

28
Q

Accomplice liability (accessory BEFORE the fact)

Property-specific intent crime

A

You AID & ABET (so you help) someone to achieve a crime
+ +you have the INTENT that they commit the crime

IF you aid & abet = guilty of the crime itself (if completed)

29
Q

Accessory AFTER the fact

Property-specific intent crime

A

You know someone committed a crime and HELP them EVADE arrest or prosecution

Knowing of the crime alone is not enough

You are not guilty of the crime the person committed

30
Q

General intent crimes

++ what buzz words do not ID these and the crimes

A

NO intent needed, just the elements/def of the crimes

Wrong buzz words: “willfully,” “knowingly” or “intentionally” (b/c these denote intent!!)

BARK: Battery, Arson, Rape, and Kidnapping

31
Q

Battery

General intent crime

A

Unlawful application of force - there must be CONTACT, even by accident

i.e. I accidentally bump into you and you fell and broke your leg

32
Q

Arson

General intent crime

A

MALICIOUS (reckless - “knew or should have known”) burning of the dwelling of ANOTHER

33
Q

Rape & Kidnapping

General intent crime

A

These are crimes where they will give you a statute for interpretation or to see whether it happened or not

34
Q

DEFENSES

To general and specific intent crimes

A

(1) voluntary intoxication; (2) insanity; (3) mistake; (4) legal impossibility

35
Q

(1) Voluntary intoxication

Defense

A

Applies to: specific intent only
Not a defense for: reckless crimes (general intent)

36
Q

(2) Insanity

Defense

A

MBE= McNaughton - You have a mental disease that PREVENTS you from appreciating the nature or quality of what you are doing (from perceiving your actions as wrong)

Applies to: ????

37
Q

(3) Mistake I

Defense to specific intent

A

ANY mistake is a defense (b/c you did not have the requisite mental state)

38
Q

(3) Mistake II

Defense to General intent

A

Mistake must be REASONABLE to be a defense for general intent crimes

39
Q

(4) Legal impossibility

Defense

A

No matter what you did/wanted to do you did NOT commit a crime

i.e. they try to get you for arson, but you burn your own home… not that crime so legally impossible (you just cray)

40
Q

Compare factual impossibility

NOT a defense

Compare to legal impossibility

A

You committed the crime but the “facts” were not what you thought… you are still guilty

Guilty b/c elements of the crime are met

i.e. you went out w/someone that said was 21y and had sex, but turns out the person is 18… – statutory rape (SOL)

FLAP (MBE) (7 decks)

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