Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Juris Doctor > Criminal > Flashcards

Criminal Flashcards

0
Q

Attempt

A

A substantial act towards perpetration of an intended crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Solicitation

A

Intent to induce another to commit a crime.

Merged with all other crimes.

Accomplice liability.

Withdrawl no effect on solicitation charge, but will avoid accomplice liability. MPC - complete and voluntary abandonment of criminal purpose.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Attempt statement

A

Attempt requires specific intent to commit a crime which becomes factually impossible due to some fact or event, coupled with the apparent ability which contains acts that go beyond mere preparation into the zone of perpetration.
SLAP
Specific intent
Legal (no attempt) v factual impossibility (attempt)
Apparent ability
Preparation v perpetration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Conspiracy

A

Agreement between two or more persons to commit an unlawful act.

Most jurisdictions require an overt act in furtherance of the crime.

Most jurisdictions presume agreement from actions implying agreement.

Merges with other pre-commission crimes, but not target crime. CL- merges with target crime.

CL - Withdrawal no defense.
MPC - allows timely and complete withdrawl communicated to all conspirators.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Pre-commission crimes approach

A 
Specific intent
Merger
Accomplice liability
Withdrawal
Impossibility
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Conspiracy - Pinkerton’s Rule

A

Each member of a conspiracy is chargeable with all crimes in furtherance of the natural and probable consequence of the unlawful act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Conspiracy - Wharton’s Rule

A

Cannot convict D for both conspiracy and target crime unless crime requires fewer perpetrators than that involved.

Applies to bigamy, incest, gambling, bribery, adultery, and dueling.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Homicide

A

Killing of a human being by another human being.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Murder

A

Unlawful killing of a human being committed with malice aforethought.
Malice =
Intent to kill
Intent to cause serious bodily harm
Wanton reckless conduct “depraved heart”
Felony murder rules

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

First Degree Murder

A

Specific intent to kill plus premeditation and deliberation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Felony Murder Rule

BARRM/KSS

A

CL - Any homicide committed in the perpetration of an inherently dangerous felony. Modernly during any felony committed in a dangerous manner.

Burglary
Arson
Rape
Robbery
Mayhem
Kidnapping
Sodomy
Sexual molestation

Because of public policy reasons, courts refuse to apply felony murder to felonious assaults and batteries, otherwise, strict liability for first degree murder would result from each killing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Insanity Rules

A

M’Naghten - Right/wrong test - did not know the nature/quality of act.

Irresistible Impulse - Inability to control conduct.

Model Penal Code - substantial capacity test - combination of M’naghten and irresistible impulse test.

Durham Rule - Was crime product of mental illness?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Voluntary manslaughter

A

Intentional criminal homicide with malice mitigated.

Mitigation RPT and actual loss of cool.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Involuntary Manslaughter

A

Unintentional homicide without malice.

Criminal Negligence - RPT. Killing is accidental but a reasonable person should have known of the substantial likelihood that death would occur.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Criminal Battery

A

The unlawful application of force to another’s person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Criminal Assault

A

CL - Attempted battery.
Modern - Intent to create apprehension of immediate bodily harm.
Modern - Aggravated assault - Assault with intent to accomplish another crime against the person (rob, rape, maim, or kill)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Rape

A

An act of sexual intercourse accomplished with a person not the spouse of the perpetrator without consent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Mayhem

A

The malicious maiming or disfiguring of another.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Criminal False Imprisonment

A

Unlawful detention or confinement of another.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Kidnapping

A

The intentional and unlawful movement of another.

21
Q

Common Law Burglary

A

The breaking and entering of the dwelling house of another in the nighttime with the specific intent to commit a felony therein.

22
Q

Modern Law Burglary

A

Entrance in any structure with intent to commit a crime.

25
Q

Arson

A

Malicious burning of the dwelling house of another.

26
Q

Larceny

A

Trespassory taking and carrying away of personal property of another with intent to permanently deprive.

Larceny by conversion
Larceny by trick

27
Q

Embezzlement

A

Fraudulent conversion of rightfully entrusted personal property.

28
Q

False Pretenses

A

Obtaining title by means of false representation of past or existing fact.

29
Q

Robbery

A

Larceny from the person or immediate presence of victim by means of force or fear or violence or intimidation.

30
Q

Receiving stolen property

A

Receiving of property knowing it to be stolen with intent to deprive.

31
Q

Forgery

A

The fraudulent making or altering of a writing with intent to defraud or deceive.

32
Q

Uttering

A

Offering as genuine an instrument known to be false with the intent to defraud.

33
Q

Extortion

A

Obtaining property from another with consent by means of intimidation which is of lesser degree than that required for robbery.

34
Q

Misprision

A

Concealment and nondisclosure of the known felonious conduct of another.

35
Q

Compounding

A

Acceptance of a consideration in return for one’s agreement not to prosecute another’s crime.

36
Q

Criminal Main Checklist

A 
Fundamental Observations
SAC
Crimes against person
Crimes against habitation
Theft
Crimes against property
Miscellaneous crimes
Defenses
37
Q

Homicide Approach

A 
Homicide
Causation - Actual/Proximate
Murder - Malice
First Degree
Second Degree
Justification
Excuse
Mitigation - V.M.
Involuntary Manslaughter
38
Q

Accomplice Liability Approach

A

Knowledge
Intent
Actively assist (aided, incited, abetted)

39
Q

Theft Approach

A

Specific intent
Custody
Possession
Title

40
Q

Justification of Murder

A 
Self defense
Defense of others
Defense of property (home)
Crime prevention
Necessity
41
Q

Excuse of Murder

A

Insanity
Infancy
Intoxication

42
Q

Mitigation - Voluntary Manslaughter

A 
Heat of passion
Imperfect self defense - belief was unreasonable
Mistaken justification
Coercion
Diminished capacity
43
Q

Defense to Crimes in General

A 
Justification:
Self defense
Defense of others - step into shoes
Defense of property
Crime prevention
Necessity
Public authority
Domestic authority
Excuse:
Mistake of fact
Mistake of law
Duress
Consent
Entrapment
44
Q

Res Gestae

A

Crime actively occurring.

45
Q

Felony Accomplice Liability

A

Perpetrator - Principal in first degree
At scene aider - Principal in 2nd degree
Pre-Crime Aider - Accessory before the fact
Post-Crime aider - Accessory after the fact

CL - liable for all probable consequences

Modern - Liable for contemplated crimes.

46
Q

Non-Homicide Crimes

A 
Battery
Assault
Rape
Mayhem
Kidnapping
False Imprisonment
47
Q

Theft Crimes

A 
Larceny/Larceny by Trick
Embezzlement
False Pretenses
Robbery
Receiving Stolen Property
48
Q

Miscellaneous Crimes

A

Misprision
Compounding
Breach of Peace
Malicious Mischief

49
Q

Transferred Intent

A

D’s intent will be transferred from the intended object or person to the object or person actually injured and criminal liability will follow.

50
Q

Breach of the Peace

A

Any willful act which unreasonably disturbs the public peace.

51
Q

Malicious Mischief

A

Malicious infliction of injury upon the property of another.

Juris Doctor (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions