Crim Pro & Crim Law Flashcards
Self-Representation/Right to Counsel
A defendant can only waive his/her Sixth Amendment right to counsel and engage in self-representation if the trial court confirms that the defendant (1) knows the nature of the charges, range of punishment, and disadvantages of self-representation and (2) is not being forced to choose between incompetent counsel and self-representation.
Defense to Larceny
Larceny requires the intent to permanently deprive another of his/her property, so a person who takes property under the belief that he/she owns it is not guilty of this crime. And if larceny serves as the intended felony for common law burglary, this belief would be a defense to both crimes.
Trespass and Larceny
Trespass is the unlawful entry of a structure—ie, an entry without legal necessity or permission. Trespass rises to burglary if the person enters the structure with the intent to commit any crime therein. And larceny is the unlawful taking and carrying away of another’s personal property with the intent to permanently deprive the owner thereof.
Accomplice
When a crime requires at least two participants but the criminal statute only imposes liability on one participant, all other participants are exempt from accomplice liability.
Depraved-heart murder
Depraved-heart murder occurs when a person’s reckless disregard of a high risk of serious bodily harm is the actual (but for) and proximate (foreseeable) cause of another’s death.
Self-defense/Duty to Retreat
Deadly force can be used in self-defense when a person (1) actually and reasonably believes that such force is necessary to prevent imminent serious harm or death and (2) is not the initial aggressor. There is generally no duty to retreat before using such force—especially when a person is inside his/her home.
Fifth Amendment
The privilege against self-incrimination prohibits the prosecution from commenting on a defendant’s failure to testify at trial. However, an improper prosecutorial comment warrants a reversal on appeal only if it contributed to the guilty conviction.
Removal of Suit from State to Fed. Court
A defendant must obtain the consent of all the other defendants to remove the suit from state to federal court.
Conspiracy
A conspiracy conviction requires proof that:
- the defendant entered an agreement with another to accomplish an unlawful purpose;
- the defendant had the specific intent to accomplish that purpose; AND
- in most jurisdictions, at least one conspirator committed an overt act in furtherance of the agreement.
Manslaughter
In most jurisdictions, manslaughter is divided into two types:
- Voluntary manslaughter – an intentional killing mitigated by adequate provocation (ie, heat of passion) or other mitigating factors (eg, imperfect self-defense)
- Involuntary manslaughter – an unintentional killing committed during an unlawful act or with criminal negligence—the substantial failure to act as a reasonable person would act under similar circumstances (sometimes called recklessness)
Manslaughter Defense
Mistake of fact is a defense to manslaughter (and other general intent crimes) when the defendant’s honest, reasonable, but mistaken belief negates the requisite mental state (ie, mens rea).
Specific Intent Crimes
Specific Intent Crimes
💡 Definition: The defendant must commit the act with a particular purpose or objective in mind.
✅ Examples of Specific Intent Crimes:
- First-degree murder (premeditated)
- Attempt (e.g., attempted murder)
- Conspiracy
- Solicitation
- Larceny
- Embezzlement
- False pretenses
- Robbery
- Burglary
- Forgery
- Assault (Attempted Battery)
📝 Key Takeaway:
These crimes require proof of a specific mental state beyond just committing the act.
Mnemonic: “FIAT” → First-degree murder, Inchoate crimes (attempt, conspiracy, solicitation), Assault, Theft crimes.
General Intent Crimes
General Intent Crimes
💡 Definition: The defendant must consciously commit the act but doesn’t need a specific intent beyond doing the act itself.
✅ Examples of General Intent Crimes:
- Battery
- Rape
- Kidnapping
- False imprisonment
- Involuntary Manslaughter
- Depraved Heart Murder (2nd-degree murder)
📝 Key Takeaway:
The intent to commit the act is enough, even if there’s no additional criminal objective.
Example: A person punches someone in a bar fight → Battery (intent to hit is enough, even if they didn’t intend to cause serious harm).
Robbery v. Larceny
Larceny becomes robbery when property is taken from the victim’s person or presence by force or intimidation. Since larceny merges into the completed robbery, a defendant can be convicted of either crime—but not both.
Robbery-Lesser Included Offenses
Robbery requires a taking of the victim’s property by force or intimidation. Since larceny satisfies the taking requirement and battery/assault satisfy the force or intimidation requirement, they are lesser included offenses that merge with robbery.
Manslaughter
A manslaughter conviction requires proof that the defendant’s conduct was both the actual (“but for”) and proximate (foreseeable) cause of the victim’s death.
Mistake of Fact as a Defense
Mistake of fact is a defense if that misbelief (1) would have justified the defendant’s criminal act had the belief been true or (2) negates the requisite mens rea for the charged crime. But it is never a defense to strict liability crimes.
Attempt
Attempt always requires proof that the defendant specifically intended to commit a crime—even if the target crime does not require specific intent (eg, statutory rape).
Common Law Burglary
Common-law burglary is defined as the unlawful breaking and entering of another’s dwelling at night with the specific intent to commit a felony therein—eg, larceny. Nighttime is the period of darkness between sunset and sunrise. Therefore, it is not considered nighttime when there is sufficient natural daylight to see the burglar’s face.
Could Instructions to Jury on Lesser Included Offenses
A court should instruct the jury on a lesser included offense if, based on the evidence presented at trial, a rational jury could acquit the defendant of the charged offense but convict the defendant of the lesser offense.
