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crimes Flashcards

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1
Q

crimes against persons

A

1) battery
2) assault
3) aggravated assault
4) homicide
5) False imprisonment
6) Kidnapping

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2
Q

battery

A

unlawful application of force to the person resulting in either

1) bodily injury or
1) offensive touching
- does not need to be intentional can be criminal negligence

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3
Q

what type of mens rea is required for battery under CL

A

general intent

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4
Q

assault

A

1) an attempt to commit battery OR

2) intentional creation of a REASONABLE APPREHENSION OF IMMINENT bodily harm

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5
Q

aggravated assault

A

an assault plus one of following

1) use of a deadly or dangerous weapon or
2) with intent to rape, mayhem or murder

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6
Q

homicide (murder)

A

1) unlawful killing of
2) another HUMAN with
3) MALICE AFORETHOUGHT

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7
Q

when is there malice aforethought for murder

A

1) intent to kill
2) intent to inflict great bodily harm (second degree)
3) intent to commit a felony (felony murder rule)
4) reckless DISREGARD to an unjustifiable high risk to human life

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8
Q

elements for homicide (murder)

A

1) murder) unlawful killing of another human with malice aforethought
2) actual causation and
3) proximate causation

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9
Q

proximate causation rule

A

D is responsible for all results that occur as a NATURAL AND PROBABLE CONSEQUENCE of his conduct, even if not anticipate the exact manner which they would occur

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10
Q

what is required for 1st degree murder

A

PREMEDITATED KILLING

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11
Q

how to determine premeditated killing

A

D must have acted either with

1) intent or
2) knowledge that his conduct would cause death

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12
Q

what is general rule for felony murder rule for 1st degree murder

A

ANY KILLING- even an accidental killing that is committed during a felony is 1st degree murder
(usually inherently dangerous crime, robbery)
- must be a separate felony than the killing
- deaths must be foreseeable

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13
Q

defenses to felony murder for 1st degree murder

A

if a D has any defense to underlying felony, then has defense to felony murder .

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14
Q

what is the rule for deaths caused while feeling during a felony murder rule for 1st degree

A

deaths caused while fleeing from felony are felony murder. BUT once D reaches a TEMPORALLY safety, deaths caused after are not felony murder

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15
Q

when is fleeing during a felony murder end the felony murder rule for 1st degree murder?

A

when the D reaches a temporally safety

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16
Q

is the D liable for the death of a co-felon as a result of resistance of a victim or police during the felony murder for 1st degree murder?

A

NO

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17
Q

requirements for 1st degree murder for homicide of a police officer

A

1) d MUST know that victim is a cop AND
2) victim must be ACTING IN LINE OF DUTY
- can happen even if off duty but acting in line of duty

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18
Q

what is second degree murder sometimes called

A

deprived heart killing

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19
Q

rule for second degree murder

A

killing done with

1) RECKLESS DISREGARD to an unjustifiable high risk to human life OR
2) murders that are not classified as 1st degree (ex: premeditated killings, felony murder)

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20
Q

different types of manslaughter

A

1) voluntary
2) imperfect defense
3) involuntary

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21
Q

voluntary manslaughter

A

1) killing in the heat of passion resulting from an ADEQUATE PROVIATION OF VICTIM
2) the provocation must be one that would arouse sudden and intense passion in the MIND OF THE ORDINARY person such to cause him to lose self-control
3) there must have been NOT ENOUGH TIME between the provaction and the killing for a passion of a reasonable person to cool down and
4) D did not cool off b/w provocation and killing

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22
Q

what type of provocation must it be for voluntary manslaughter

A

would that ordinary person would find

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23
Q

what is the imperfect- self defense for murder?

A

if D has an

1) honest but
2) unreasonable belief that his life was in imminent danger, this defense will reduce a murder to manslaughter

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24
Q

what is involuntary manslaughter

A

killing of

1) CRIMINAL NEGLIGENCE OR
2) misdemeanor manslaughter- killing someone while committing a misdemeanor or an unnumerated felony

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25
Q

what is the rule for false imprisonment

A

1) unlawful confinement of a person

2) w/o valid consent

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26
Q

is there false imprisonment if there is a KNOWN alternate route that the victim knows?

A

NO.

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27
Q

kidnapping rule

A

confinement of a person with either

1) some movement OR
2) concealment of a secrete place

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28
Q

what is rape

A

slightest penetration completes rape

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29
Q

what type of crime is statutory rape

A

strict scrutiny meaning

- Consent of victim is not a defense and mistake of fact is not a defense

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30
Q

crimes of property

A

1) larceny
2) embezzlement
3) false pretenses
4) robbery
5) extortion
6) forgery

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31
Q

larceny rule CL

A

1) wrongful taking
2) carrying away (asportation)
3) of property of another by
4) trespass with
5) intent to permanently deprive

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32
Q

how much movement needs to happen for larceny?

A

slightest movement

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33
Q

when must the intent to permanently deprive owner of property be in larceny?

A

1) AT TIME OF TAKING

34
Q

can a person be guilty of larceny when they did not have intent to permanently deprive at the time of taking but later after the taking?

A

YES. if decide later to keep the property (under continuing theory of trespass)

35
Q

if someone believes that the property is theirs is there larceny?

A

NO. taking property in the belief that it is yours (or that you have a right to it) is NOT CL larceny

36
Q

what is the difference b/w larceny and embezzlement

A

embezzlement the person is in LAWFUL possession

37
Q

embezzlement

A

fraudulent conversion of property of another

38
Q

what must be required for embezzlement

A

must have LAWFUL POSSESSION

39
Q

does the embezzler need to get a benefit for embezzlement?

A

NO does not need to get the benefit

40
Q

false pretenses rule

A

D persuades the owner of property to convey title by false pretenses (false representation)

41
Q

what is the main thing for false pretenses?

A

conveyances of title

42
Q

is a false promise to do something in the future false pretense?

A

NO. cannot be grounds for liability

43
Q

can the false representation in false pretenses be a present or past fact?

A

Yes

44
Q

what is the different b/w larceny by trick and false pretension

A

Larceny by trick: only POSSESSION of the property is obtained
False Pretense: TITLE is obtained

45
Q

robbery for CL

A

1) taking of personal property of another
2) in the persons presence by
3) FORCE or THREAT OF force
4) with intent to permanently deprive him of it.

46
Q

how is the presence requirement for robbery defined

A

very broadly. can be a farmer tied in a barn while taking things a home

47
Q

what type of threat does it need to be for robbery

A

IMMINENT

48
Q

what is the simulated deadly weapon?

A

when a person does not actually have a weapon but looks like it, can be armed robbery

49
Q

extortion

A

knowingly seeking to obtain property or services by means of a FUTURE threat

50
Q

difference b/w robbery and extortion

A

extortion: dont have to take anything in presence of person. FUTURE threats
Robbery: IMMINENT threats

51
Q

forgery

A

making or alternating a false writing with intent to defraud

52
Q

what does forgery apply to

A

any writing that has APPARENT LEGAL SIGNIFICANCE

ex: wills, check, insurance

53
Q

burglary rule CL

A

1) breaking and
2) entering
3) dwelling house of another
4) at night
5) with intent to commit a felony therein

54
Q

how can the breaking requirement be for burglary?

A

actual (some force) or constructive

55
Q

is there a breaking for burglary if coming through uninvited through a WIDE OPEN WINDOW OR door?

A

NO

56
Q

is there a breaking for burglary if someone pushes an interior door to the bedroom or living room?

A

YES

57
Q

what is constructive breaking for burglary?

A

by fraud or threat

ex: using key for not intended purposes

58
Q

what is the entering requirement for burglary

A

occurs when ANY part of the body crosses into the house

59
Q

dwelling house of another requirement for burglary

A

cannot be a barn or commercial structure. person must live there

60
Q

when must a burglary occur at CL

A

NIGHT only

61
Q

when must the requirement to intent to commit a felony therein occur for burglary?

A

AT THE TIME OF THE BREAKING AND ENTRY

62
Q

arson

A

1) burning of the

2) dwelling of another

63
Q

what is the intent requirement for arson

A

MALICE

Reckless disregard of an obvious risk that the structure would burn will be enough

64
Q

does arson apply to smoke damage

A

NO only burning.

65
Q

is scorching sufficient for arson?

A

NO but charring is sufficient

66
Q

for CL what does of building does it have to be for arson?

A

dwelling of ANOTHER. Not bard or commercial buildings

67
Q

at CL could a person be convicted of arson for burning their OWN home

A

NO. needed to be dwelling of another

68
Q

under the continuing trespass situation for larceny, if the original taking was not wrongful and she later decides to keep it, is this larceny?

A

NO.
- if the original taking was NOT WRONGFUL (eg took the umbrella thinking it was hers) and she later decides to keep it, it is not larceny.

69
Q

4 ways to show malice aforethought

A

1) intent to kill
2) intent to cause serious bodily harm
3) reckless disregard to unjustifiable risk to human life
4) felony murder

70
Q

2 ways to show voluntary manslaughter cases (adequate provocation)

A

1) finding spouse in bed with another

2) physically assaulted by person

71
Q

different homicide cases

A

1) murder
2) voluntary manslaughter
3) involuntary manslaughter
4) misdemeanor manslaughter

72
Q

what is required for attempt

A

1) specific intent to commit the crime

2) need a substantial step, mere preparation not enough

73
Q

conspiracy rules

A

1) CL: agreement b/w 2 or more persons to commit crim
ML: agreement b/w 2 or more persons to commit crime and overt act

2) all crimes committed in furtherance of conspiracy
3) can withdraw from furtherance crimes if voluntary and communicate withdraw to other conspirators
4) conspiracy and the underline crime can be charged with both

74
Q

difference b/w larceny and embezzlement

A

larceny: if a low level employee with limited control of property
embezzlement: high level of employee with control of high amount of time

75
Q

for specific intent crimes defenses

A

1) if mistake and not intend, does not matter if reasonable or not
2) voluntary intoxication is a defense

76
Q

stuff for malice crimes

A

1) mental state of intent or recklessness
2) mistake must be reasonable
3) voluntary intoxication is not a defense

77
Q

reckless stuff for crimes

A

1) intent or recklessness
2) mistake must be reasonable
3) voluntary intoxication is not a defense

78
Q

does doctrine of transferred intent apply to attempt?

A

NO because must have the specific intent to cause the underlying crime and take a substantial step towards that crime

79
Q

what does conspiracy require

A

1) an agreement b/w 2 or more persons
2) intent to enter into an agreement and
3) an intent to achieve an UNLAWFUL objective of the agreement

80
Q

what is the majority rule for conspiracy for unlawful objective. Do the parties need to know that thy are going to commit an illegal plan?

A

NO. Majority rule is that the parties to a conspiracy need not have been aware that their plan was an illegal one.

  • Minority of courts: conspirators must have known that their objective was criminal unless the crime was (corrupt motive)

bar crim law/ crim procedure (10 decks)

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