crim law one-timers Flashcards
Intended killings
- premeditation and deliberation
or - provocation
if you find that the D premed and delib before killing –> intent element of malice aforethought HAS to be intent to kill. can’t delib and premed plan a murder if he only intended to inflict great bodily harm.
1st degree murder
is statutory - they’ve gotta give you a statute on MBE (or not??)))
and usually encompasses
premed and deliberation ("intent to kill")
torture
explosions
felony murder
Consent to murder
not allowed.
guy is dead. can’t testify that he consented to being killed
Premeditation
means the defendant
“actually thought about it”
and reflected on the idea of killing
Deliberation
“cool reflection”
for any length of time - no matter how brief
defendant must have made a conscious decision to kill in a calm and cool manner
Intent to kill
may be shown by use of a deadly weapon
or by D’s own words
deadly force permits ingerence that D intended to kill V
2nd degree
catch-all
intent to cause great bodily injury or
depraved heart
In MBE ques… if you get stuck
FOCUS ON D’S INTENT
also
if ques has statute, read carefully
how to answer question
killing? (intent or unintentional)
with malice aforethought?
–> 2nd degree
UNLESS
premed and delib
or UNLESS
mitigating circumstances-provoked
–> Voluntary manslaughter
provocation
**TIP** D will always be provoked so! what they are going to test you on is the OBJECTIVE prong of the test would a reasonable person be provoked
(voluntary manslaughter)
Voluntary manslaughter
IS an intentional killing
but w/ provocation
and also imperfect self defense
(honest and rsble) – again, honest part will never be in question. the question will be about reasonableness
Unintended killings
still guilty of murder
other elements of malice
- intent to great bodily injur
- felony murder
- reckless/N-ly killing
reckless and negligent killing**
criminally negligent- involuntary manslaughter
vs
reckless-depraved heart murder (implied malice murder)
ask: would you do that?**** driving 40 miles per hour in a 35 miles per hour v 80 miles in 15 miles in school zone
devoid of social utility
Felony Murder
unintended killing
during felony
before reaching place of temporary safety!!
*** felony must be INDEPENDENT
assault w/ deadly weapon and voluntary manslaughter can’t be used as underlying crime for felony murder rule
D MUST BE FOUND GUILTY FOR UNDERLYING MURDER
killing by a co-felon
red-line rule
co-felon gets killed- justifiable
there is no felony murder
victim killed-
felony murder even if not co-felon
Misdemeanor Manslaughter
unintended killing
usually assault or battery
how they test:
battery is malum in se (inherently bad)
- A D driving carefully, reasonably, with all due care, a child darts out in front of his car, he doesn’t have a license, child dead
want to charge w/ involuntary manslaughter
no!
there is no causation. him driving w/o a license isn’t the cause of kid’s death
malum in se
v
malum prohibitum
inherently bad- don’t need a law to tell you that
v
action prohibited by statute (i.e. driving w/o a license)
D not guilty of manslaughter unless the death is a foreseeable or natural consequence of D’s unlawful conduct
Theft
encompasses three different crimes:
- larceny
- embezzlement
- false pretenses
larceny
trespassory taking
took it w/o consent
with intent to permanently deprive
CAN steal something w/o monetary value
CAN steal from dead person
intent!!! focus!!
embezzlement
lawful conversion
given property lawfully
and later converted
embezzlement
lawful conversion
given property lawfully
and later converted
*initial possession was lawful**
False pretenses
lawful title
through deception
example: a false cashier's check switch price tags on an item GOTTA BE A present or past fact not a future one! (let me borrow $ cause I will pass the bar)
Continuing trespass doctrine
when you get the intent to perm deprive later
Claim of Right
HONEST belief that property is yours
–>
no larceny
no burglary
a possible PR embezzlement example
you hire an attorney
win judgement
judgement is supposed to go into a trust
lawyer converts that money and puts it in another account
or for his own use
THATS EMBEZZLEMENT
(intent to restore the equivalent is not a defense)
forgery
a type of false pretense
document must affect legal rights
(contracts, birth certificate etc)
Receiving stolen goods
you have to actually know goods are stolen WHEN recieved
^^ only element that can be tested
robbery
force
or threat of force
(AT TIME OF TAKING)
and larceny (trepassory taking w/ intent to perm)
ex:
steal friend’s watch. week later friend notices it on your wrist. you say “let me keep the watch or i’ll kill you”
^^ NOT robbery.
Burglary
the moment any part of you enters
you go in to house, see someone sleeping and immediately go back out?
that’s burglary
not attempted burglary
CL:
nighttime
residence
criminal trespass
you’re on the land w/o permission
Assault
mere were with no immediacy is not an assault “if you don’t leave, i’ll beat you up tmrw” – no assault
battery
intent:
consciously desire or
w/ substantial certainty
general intent crime- intoxication not defense
transferred intent
two crimes
attempted on one V
and
completed crime of other
Rape
unconsensual
forcibly
against her will
rape by fraud:
rape in the factum: lying about what the act is
a doctor that puts a woman anesthesia –
fraud in the inducement
if you have sex w/ me, i’ll make you my wife
does the woman know she is having sex w/ the man?
kidnapping
aggravated form of false imprisonment
conceal or move for substantial distance
example:
bank robbery. tell teller “get up and open vault”– technically that’s kidnapping cause moved her a substantial distance but its part of robbery- it’s incidental
arson
the structure has to be “charred’ *** key word
intent:
MALICIOUS burning
intentional or reckless
reckless= disregard an obvious risk
possession offenses
gotta know or should have known it was contraband
attempt
specific intent**
if
Statutory rape
underage
Strict liability
factual v legal intent/ impossibility
if i intend to do something that’s not criminal
then its legally impossible to commit a crime
no attempt
example:
i want to kill gf. go to her room, shoot her three times in the heart. but an hour before she passed from a heart attack.
can’t be guilty of murder cause no causation
so?
guilty of attempted murder
(factual impossible^^)
Conspiracy
agreement
need an overt act because 1A (modernly)
CL: as soon as agreement
two people with culpable mind
MPC: WILL test undercover officer
withdrawal
its never right
because conspiracy is complete at moment you made overt act
abandon
legislative class that statute is encouraged to protect
14 year old says “lets conspire to commit statutory rape”
Parties to a crime/
accomplice liability
accomplice liability v co-conspirator
assistance, facilitate a crime that the accomplice KNEW of crime
present at scene even if gangmember–> that’s not enough
but if encourage?
–> that’s assistance
affirmative act and mental state needed**
use of innocent agent**
baby sitter is guilty of being an accomplice
another way they test accomplice L on MBE
stake in the venture
i.e.
go to walmart, get big butcher knife and go up to cashier and say “yo, im going to use these to kill my wife”
okay, w.e. he’s just trying to do his job
but
if you go up to manager and say “yo i need you to sell me those knives for 19.99 to kill…” and he goes “whoa, i can’t do that, but I can.. if you give me 80$”
well now he has a stake in the crime
(usually 4x price or 10x on MBE)
legislative exemptions
it takes two people to commit a crime
- solicit a prostitute
- adultery
- buying/selling drugs
if you are a victim then you can’t be an accomplice
accessory after the fact
or harboring a fugitive
its a separate crime
its not accomplice L
has to be after a FELONY
have them escape justice in some way
CAN be vicarious Liability
not really tested. usually involved w/ corporations
lifeguard
duty to act
caused the harm
duty to act
driving late at night and hit someone
State of mind
usually “knowingly” statute on MBE
general intent
intend to do the act
specific intent
intent to cause the harm
knowingly
you are practically certain of result
recklessness
conscious disregarding a substantial risk
concurrence
just cause I want someone dead, isn’t enough, gotta act on it
MBE= receipt of stolen goods
Strict Liability
promote Health, welfare, safety of citizens
i.e. selling spoiled milk
small fine etc
exception
stat rape
mistake of fact/ mistake of law
i.e.
go up to a guy, intent to rob, but he doesn’t have a wallet
doesn’t matter, mistake of fact is no defense, you intended to rob
ignorance of law is no excuse
just focus on D’s intent
Responsibility
Mental disorder
rarely on MBE, if on, give you stat, if no stat –> majority
majority=
Mc’Naughten Test:
right/wrong test
ITS ALSO CA
cognitive disability
didn’t know nature of act he was going
or if he did, he didn’t know what he was doing was wrong
Insanity
only applies to criminal law! not tort!
no defect of reason defense
intoxication
just focus on D intent
super drunk, take water bottle thinking its mine, larceny? no, because no intent to perm deprive. who cares if drunk
technically its specific intent v general intent. but just focus on D’s intent
actual cause
but for
or
substantial factor if more than one actor
Contributory N by victim
not a defense
self-defense
amount of force must be reasonable
your belief must be OBJECTIVELY reasonable (only thing they’ll test)
i.e.
guy breaks in, has a gun, you shoot him first. self-defense? yes.
what if its a nine year old girl?
not objectively reasonable
a reasonable mistake?
a woman reaching to get her hat that blew off in the wind
you see only her hand from corner of eye and punch her
YES self defense
objectively that’s all he knew
duty to retreat
only when DEADLY FORCE
only use when deadly force! only time its applied
majority
no retreat
minority:
retreat ONLY IF you can get you can get to complete safety (that’s too hard for a fact pattern)
no duty to retreat in your house, or office
Defense of others
similar to self-defense
OBJECTIVELY REASONABLE
minority: step into other person’s shoes
defense of property
can’t use deadly force to protect property
crime prevention
deadly force to prevent a dangerous felony
misdemeanor
not usually tested
“breach of peace”
if wasn’t an actual misdemeanor, then you take risk of losing defense
Necessity**
distinguish between duress
Necessity= physical forces, tornadoes, hurricanes duress= people
Duress
NEVER A DEFENSE TO MURDER
b.c. law takes view that value of each life is equal
threat of bodily harm
you can lose duress defense if
you knowingly inject yourself into the controversy (i.e. a gang member)
jury instructions
bring SOME credible evidence in support of your defense?
D doesn’t even have to bring the evidence. the prosec could
directed verdict
can’t direct verdict for prosecution
CAN direct verdict for Defendant
(b.c. violation of right to jury and fair trial)
Alibi
not a defense
it’s an element of the crime
b.c. concurrence
therefore, burden CAN’T be on defendant to prove alibi
