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Criminal Law Bar Prep > Crimes against People > Flashcards

Crimes against People Flashcards

1
Q

When is the failure to act when a duty exists a crime?

SCIWS

A
  • Special Relationship (parent-child)
  • When you caused the peril
  • Imposed by Statute (obligated to file tax return)
  • Contractual Duty (lifeguard)
  • Starting to help (leaving victim in worse condition after treatment)
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2
Q

FIAT

Specific Intent Crimes

A
  • First-degree murder
  • Inchoate offenses
  • Assault
  • Theft
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3
Q

Malice Crimes

A
  • RECKLESS DISREGARD
    of high risk of harm
  • No ill will needed
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4
Q

MA-lice crimes

under Common Law

A

Murder
Arson

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5
Q

General-Intent Crimes

BRKFast

A

Battery
Rape
Kidnapping
False Imprisonment

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6
Q

General Intent for GI Crimes

A

Only requires intent to perform unlawful act

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7
Q

Transferred Intent

A

D acts with intent to cause harm to one person/object and that act directly results in harm to another person or object

Usually just used for homicide, battery and arson

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8
Q

Strict Liability

A

Only requires the D voluntarily commits the act. Defenses negating state of mind not available.

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9
Q

Mental States under MPC

A

Purposely
Knowingly/Willingly
Recklessly
Negligently

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10
Q

Purposely

A

conscious objective to engage in the conduct or to cause a certain result

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11
Q

Knowingly-MPC

A

D is AWARE his conduct is of the nature required by the crime or that circumstances required by the crime exist.

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12
Q

Recklessly-MPC

A

D acts with a conscious disregard of SUBSTANTIAL and unjustifiable risk that material element of a crime exists or will result from conduct.

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13
Q

Negligently-MPC

A

D FAILS to PERCEIVE a substantial and unjustifiable risk will result from conduct

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14
Q

Common Law Murder

A

Murder is the unlawful killing of a human being with malice aforethought

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15
Q

Second Degree Murder

CL

A
  1. Intent to kill
  2. Intent to inflict SERIOUS bodily injury
  3. Reckless INDIFFERENCE to an UNJUSTIFIABLY HIGH RISK to human life (depraved heart murder)
  4. Intent to commit a felony (under felony murder rule)
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16
Q

CL-Voluntary Manslaughter

A

Murder committed in response to adequate provocation and no time to cool off.
First-degree murder can be mitigated down to voluntary manslaughter.

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17
Q

Voluntary Manslaughter

A

PROVOCATION- A reasonable person would have been provoked by the V’s actions (objective)
words are generally not enough provocation
sufficient provocation-discovery of adultery, suffering serious battery
TIME TO COOL OFF- not enough time for ordinary (reasonable) person to cool off between provocation and killing

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18
Q

Involuntary Manslaughter

Common Law

A

An unintentional killing committed with criminal negligence OR
during an unlawful act (misdemeanor mostly)
OR committed in commission of felony not stautorily treated as 1st or 2nd degree murder

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19
Q

Transferred provocation

for Voluntary Manslaughter

A

If the D misidentifies the provoker or kills the wrong person due to a REASONABLE mistake of fact, then D can be guilty of voluntary manslaughter

20
Q

Criminal Negligence

A

Grossly negligent action or inaction when duty that puts another at SIGNIFICANT risk of SBI or DEATH
MPC: in addition to grossly negligent action, the D must also have been actually aware of the risk his conduct posed.

21
Q

Imperfect Self-Defense

for Voluntary Manslaughter

A

If D uses self-defense and kills another person but was unreasonable in doing so (excessive force, improper use of self-defense) murder can be mitigated down to voluntary manslaughter.

22
Q

Unlawful Act for Involuntary Manslaughter

A

D commits an unlawful act that does not rise to felony murder and a deathe occurs as a result.

Remember there must also be causation

23
Q

Second Degree Murder

A

With malice aforethought
1. Extreme recklessness
2. Intentional Infliction of SBI..and Death result
3. Catch ALL-often looks like voluntary manslaughter but D is not adequately provoked

24
Q

Involuntary Manslaughter

A

An unintentional homicide committed with criminal negligence or during an unlawful act

25
Felony Murder | (with malice aforethought)
D commits felony and someone other than cofelon dies. 1. felony is inherently dangerous 2. Must be causation -D or A must cause death or felon "sets in motion" acts causing death
26
Criminal Battery
Unlawful application of force to another or their person, resulting in bodily harm or constitutes an offensive touching. Aggravated battery: when there is SBI or injury is caused by the use of a deadly weapon
27
Accomplice
A person who** aids** or **abets** the principal prior to or during the crime. Must intend to help the P commit the crime and intend that P commit crime charged
28
Accomplice Liability
The accomplice is liable for any crimes that are the **natural** and **probabal** consequences of accomplice's conduct.
29
Accomplice Withdrawal
Accomplice must: 1. **Repudiate** prior aid 2. Do all that's possible to **counter prior assistance**; AND 3. Do so **BEFORE **chain of events is in motion and unstoppable.
30
Accessory after the fact
A person who aids a felon to avoid apprehension AFTER felony is committed. MUST KNOW felony was committed
31
M'Naghten Rule for Insanity
D is not guilty if because of mental disease or defect D didn't know either the 1. nature and quality of act OR 2. wrongfulness of act
32
Irresistible Impulse Test | Insanity Test
D is not guilty if a mental disease or defect prevented him from being able to conform his conduct to the law.
33
Durham Rule
D not guilty if the crime wouldn't have been committed BUT FOR the mental disease or defect.
34
MPC Test | Insanity Defense
D is not guilty if a mental disease or defect either PREVENTS D from knowing wrongfulness of conduct OR PREVENTS D from being able to conform his conduct to law
35
Incompetence to Stand Trial
D's incompetency is a bar to trial. Test to determine competency: 1. Whether D comprehends nature of proceedings against him; AND 2. Whether D has ability to consult with lawyer with reasonable degree of rational understanding.
36
Time of Competency Determination
Competence is determined at the time of the trial---not when offense was committed. BOP is usually on D
37
Voluntary Intoxication
* VOLUNTARY INGESTION * DEFENSE to SPECIFIC INTENT CRIMES IF prevents formation of required intent *NOT DEFENSE to crimes, involving malice, recklessness, or negligence, or for strict liability crimes.
38
Actual Cause for Homicide
The victim would not have died BUT FOR the D's act When multiple causes, the D's act must be SUBSTANTIAL FACTOR in causing the death.
39
Proximate Cause for Homicide
It is foreseeable that the D's actions would cause the V's death. Look for * Intervening Cause-3P's actions occur between D's act and V's death * Superseding Cause- UNFORESEEABLE actions by 3P relieves D of liability, negligence is generally foreseeable
40
Felony Murder Rule | Only discuss if killing occurs during an inherently dangerous felony
Under FMR, D can be found guilty for an unintended but foreseeable killing, proximately caused by or during commission or attempted commission of an inherently dangerous felony | state underlying felony and analyze elements of felony, then analyze FMR
41
Defenses to Felony Murder
* If death was unforeseeable, FMR won't apply. * FMR won't apply to deaths after D reached place of safety * Bystander death or Co-felon death caused by LEO or result of resistance by V-D not liable for murder
42
Criminal Assault
Attempted battery or intentionally placing another in apprehension of imminent bodily harm
43
Kidnapping
Unlawful confinement of a person against that person's will couple with either: movement OR concealment of that person. * V only needs to be moved short distance * If kidnapping occurs incident to another crime, the movement must be more than what's necessary for the commission of crime to be liable for a separate offense.
44
False Imprisonment
The unlawful confinement of a person without consent
45
Rape
Unlawful sexual intercourse with a person against his/her will by force or threat of immediate force

Criminal Law Bar Prep (3 decks)

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