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LAW SCHOOL > CRIMINAL > Flashcards

CRIMINAL Flashcards

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1
Q

SOLICITATION

A

encouraging another to commit a criminal offense with the intent that the offense be committed.

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2
Q

INCOHATE CRIMES

A

are not a crime, they are a precrime which include Solicitation, Attempt and Conspiracy.

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3
Q

ATTEMPT

A

a direct but ineffectual act towards the completion of a criminal offense with the specific intent to commit the crime.

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4
Q

ATTEMPTED BATTERY

A

A direct but ineffectual act towards the completion of the crime of battery with the specific intent to commit battery.

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5
Q

COMPOUNDING A FELONY

A

Taking money, property, gratuity, reward or promise thereof, while agreeing to conceal a crime or abstain from prosecuting a crime with knowledge that a crime has been committed.

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6
Q

BRIBERY

A

Giving, offering, promising to anyone about to be called as a witness, (or a government official), consideration with any understanding or agreement that the testimony of the witness shall be influenced by the consideration.

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7
Q

CONSPIRACY

A

an agreement between two or more parties to commit the criminal offense of (insert crime) and an overt act towards the completion of that offense.

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8
Q

ACCOMPLICE LIABILITY

A

To be liable under the theory of Accomplice Liability, one must aid and abet the principal of a crime, through promoting, encouraging or facilitating another to commit a crime. An accomplice is liable for another’s actions that are the natural and probable consequence of the crime.

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9
Q

VICARIOUS LIABILITY

A

Three Theories: Conspiracy Liability, Accessory Liability and Third Party Vicarious Liability

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10
Q

CONSPIRACY LIABILITY

A

attaches to two or more persons who agree to commit a crime and one or more commits and overt act in furtherance of that agreement.

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11
Q

PINKERTON’S RULE

A

provides criminal liability to a party to a conspiracy for all reasonably foreseeable crimes committed by any co-conspirator during the conspiracy.

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12
Q

ACCESSORY LIABILITY

A

attaches to all persons who commit a crime, promote, encourage and facilitate the commission of that crime where there are natural and probable consequences.

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13
Q

PRINCIPALS

A

A principal is one who commits the crime

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14
Q

ACCESSORIES

A

an accessory is one who promotes, encourages and facilitates the commission of that crime.

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15
Q

PERPETRATORS, AIDERS AND ABETTORS

A

A perpetrator is one who commits the crime and an aider and abettor is one who promotes, encourages, and facilitates the commission of that crime.

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16
Q

ACCESSORY AFTER THE FACT

A

is a crime when one who knows that a crime has been committed, aids, and assists one in escaping capture or prosecution for that crime.

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17
Q

ACCESSORY BEFORE THE FACT

A

is a person who aids, abets, or encourages another to commit a crime but who is not present at the scene of the crime.

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18
Q

THIRD PARTY VICARIOUS LIABILITY

A

asks whether a co-felon is liable for the acts of a third party who acts with justification or excuse.

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19
Q

REDLINE RULE

A

When the death of a co-felon results from the justifiable act of a third party, the surviving co-felon is not criminally liable for the killing

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20
Q

MINORITY RULE

A

When the death of a co-felon results from the justifiable act of a third party, the surviving co-felon can be held criminally liable for the death which is a direct and foreseeable consequence of the actions of those committing the felony

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21
Q

IRELAND RULE

A

assaultive behavior cannot be the basis for felony murder. The felony for the purposes of the felony murder is not a felony that could directly result in death (for instance, burglary.) Otherwise, prosecution would never have to prove malice aforethought.

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22
Q

AFFIRMATIVE DEFENSE

A

is any defense that assumes the complaint or charges to be correct but raises other facts that, if true, would establish a valid excuse or justification or a right to engage in the conduct in question.

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23
Q

ELEMENTAL DEFENSE

A

a defense to a crime that is missing one of the elements of the crime. (States that the prosecutor failed to prove an element of the crime)

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24
Q

INTOXICATION

A

is defined as consuming sufficient alcohol or a mind-altering drug such that the defendant is unable to form the requisite intent to commit the crime. (Elemental defense)

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25
Q

VOLUNTARY INTOXICATION

A

is defined as the intentional consumption of the alcohol or mind-altering drug. (Defense to specific intent crimes as to unable to form the intent (mens rea) to commit the crime)

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26
Q

INVOLUNTARY INTOXICATION

A

is defined as the unintentional consumption of the alcohol or mind-altering drug.

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27
Q

ALIBI DEFENSE

A

is defined as facts placing the defendant at the relevant time in a different place so as to render it impossible for the defendant to be the guilty party.

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28
Q

IDENTITY DEFENSE

A

is defined as facts identifying the defendant as the incorrect defendant who committed the crime so as to render it impossible for the defendant to be the guilty party.

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29
Q

SELF-DEFENSE

A

is defined as a justification for conduct that would otherwise be criminal when the defendant is threatened with the use, or threat of the imminent use, of unlawful force that does or could cause physical injury and which a reasonable person would believe could not be avoided without the use of physical force, and the actor defends by using only a reasonable amount of force and was not responsible for the situation that prompted the need to use such force.

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30
Q

DEFENSE OF OTHERS

A

is defined as a person is justified in using force to protect a third party from unlawful force by an aggressor.

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31
Q

THREATENING OR INTERFERING WITH A PEACE OFFICER

A

is defined as willfully resisting delaying, or obstructing a peace officer in the performance of their duty.

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32
Q

DURESS

A

Duress is defined as a defense which excuses criminal conduct where the defendant was under an unlawful threat of imminent death or serious bodily injury, which threat cause the actor to engage in conduct violating the literal terms of the criminal law.

***(Elemental Defense because intent cannot be proven) Can be both, Affirmative and Elemental, may be easier

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33
Q

NECESSITY

A

is an affirmative defense where a defendant is justified in committing crimes necessary as an emergency measure to avoid an imminent public or private injury that is about to occur by reason of a situation occasioned or developed through no conduct of the defendant.

a. I did everything I was charged with, but [justification.] Then, there needs to be an offer of proof so that the defense can be instructed to the jury
b. Economic Necessity. Economic necessity alone cannot support a choice of crime.

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34
Q

BATTERED PERSON SYNDROME

A

psychological social response that occur between people in a history of context of being beaten. To avoid an assault May be viable as a form of Self-Defense has an imminent threat. That is developed over time by the beatings.

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35
Q

USE OF FORCE FOR AN ARREST

A

Use of force upon another person is justifiable when the actor is making an arrest and the actor believes that such force is immediately necessary to effect a lawful arrest.

36
Q

CITIZEN’S ARREST

A

An arrest, made without a warrant and by a person who is not a law enforcement official, of another, for a crime that has occurred in his presence.

36
Q

IRRESISTIBLE IMPULSE

A

Irresistible Impulse defines a test for insanity. It must be clearly proven that, at the time of the committing of the act, the defendant knew the action was wrong, but who, as a result of a disease of the mind, was unable to exercise control over their actions.

37
Q

DEFENSE OF PROPERTY

A

One may use as much force as reasonably possible. Excessive force is not permitted.

38
Q

ENTRAPMENT

A

is a defense to a criminal charge when the defendant asserts they committed the crime because a government agent induced, encouraged, and incited the commission of the crime.

**a. Subjective (predisposed) defines entrapment regarding a defendant who was predisposed to commit the crime even though police conduct may have provided the opportunity (majority rule)
b. Objective entrapment (outrageous conduct) regarding a defendant who committed a crime as a result of outrageous police conduct in the inducement. (minority rule)

39
Q

INSANITY

A

is a kind of defense which calls into question the defendant’s ability to form the requisite mental state of the crime.
May be Elemental or Affirmative Defense

40
Q

AMERICAN LAW INSTITUTE (ALI)

A

ALI defines a test for insanity. A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect, they lack substantial capacity either to appreciate the criminality of the conduct or to conform their conduct to the requirements of the law.

41
Q

M’NAGHTEN’S RULE

A

M’NAGHTEN’S RULE defines a test for insanity. It must be clearly proven that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act they were doing; or, if they did know it, that they did not know they were doing what was wrong.

42
Q

CIVIL DISOBEDIENCE

A

a. Direct disobedience is protesting a law by breaking that law.

b. Indirect disobedience is violating a law or interfering with a government policy that is not, itself, the object of protest.

43
Q

DURHAM RULE

A

It must be clearly proven that, at the time of the committing of the act, a defendant suffered from a mental disease or defect.

44
Q
  1. Burden of Proof: Elemental vs. Affirmative Defenses
A

a. If a defense is aimed at an element of the crime, the defendant does not have to prove it, the onus is on the prosecution to prove beyond a reasonable doubt that the defendant committed the element.
b. However, with an affirmative defense, public policy states that if you’d like to come to court with a justification for your crime without attacking the elements of the crime, inserting new evidence regarding the justification, the defendant has the burden to offer proof of an emergency by preponderance of evidence. This is not about whether the prosecution has enough proof to each element

45
Q

KIDNAPPING

A

The unlawful movement of a person using force or fear from one place to another.
In order to be considered kidnapping, the movement need be without the consent of the person and the movement is for a substantial distance.

46
Q

MAYHEM

A

An unlawful act by means of physical force resulting in a disfiguring injury done with malice.

47
Q

PERJURY

A

Making a willful statement, under oath, of any material matter which the witness knows to be false.

48
Q

BIGAMY

A

Marrying any other person while having a husband or wife living.

49
Q

ARSON

A

Willfully and maliciously setting fire to any structure and land of another.
Arson can also be defined as willfully and maliciously setting fire to one’s own property if for the purpose of insurance fraud.

50
Q

ASSAULT

A

Unlawful placing of another in the reasonable apprehension of an immediate impending battery.

51
Q

BATTERY

A

Unlawful harmful or offensive touching of another without consent or privilege

52
Q

LARCENY

A

The taking and carrying away the personal property of another, without their consent, with the intent to permanently deprive.

53
Q

LARCENY BY TRICK

A

The taking and carrying away the personal property of another by the use of false promises with the intent to permanently deprive.

54
Q

BURGLARY (COMMON LAW AND MODERN)

A

Under common law, burglary is defined as the breaking and entering the dwelling house of another at nighttime with the intent to commit a felony therein.
Modernly, burglary is defined as the entering the protected structure of another with the intent to commit a theft or felony therein.

55
Q

ROBBERY

A

is the taking and carrying away the personal property of another by force or fear from their immediate presence with the intent to permanently deprive.

56
Q

EMBEZZLEMENT

A

The converting of the property of another who has entrusted that property to the person, with the intent to permanently deprive.

57
Q

EXTORTION

A

Obtaining property of another by wrongful use of force or threat of force or under color of authority with the intent to permanently deprive.

58
Q

FALSE PRETENSES

A

The fraudulent appropriation of title to another’s property.

59
Q

FORGERY

A

The fraudulent creating or altering of a document or object with the intent to defraud or deceive.

60
Q

HOMICIDE

A

The killing of a human being by another.

61
Q

MISAPPROPRIATION OF FOUND PROPERTY

A

is the crime that occurs when a person retains found property and makes no reasonable or just efforts to find the owner.

62
Q

RAPE

A

defined as sexual intercourse with another against the other person’s will or by force or fear and without that person’s consent.

63
Q

RECEIPT OF STOLEN PROPERTY

A

is defined as obtaining property known to be stolen with the intent to permanently deprive from the legal owner.

64
Q

Murder

A

is defined as them intentional or unlawful killing of another with Malice Aforethought

65
Q

Malice Aforethought

A

Mens Rea of Murder may be Express or Implied

66
Q

Express Malice

A

Intent to kill

67
Q

Implied Malice

A

Intent to cause great bodily harm or behavior that is inherently dangerous to human life, or by killing during the commission of a felony

68
Q

First Degree Murder

A

is defined as the intentional or unlawful killing of another with MALICE AFORETHOUGHT with PREMEDITATION and DELIBERATION.

69
Q

PREMEDITATION

A

planning and preparation to kill.

70
Q

DELIBERATION

A

killer took the time to reflect before killing.

71
Q

SECOND DEGREE MURDER

A

is defined as the intentional or unlawful killing of another with MALICE AFORETHOUGHT. Alternatively, second degree murder is understood as all murders that are not first degree.

72
Q

FELONY MURDER IN THE FIRST DEGREE

A

is defined as a death that occurs during the intentional commission of an enumerated felony that is inherently dangerous

73
Q

ENUMERATED FELONIES

A

Burglary, Robbery, Rape, Kidnapping

74
Q

CAUSATION

A

To support felony murder, a defendant’s actions must be the actual and proximate cause of cause of the death the occurs during a felony. Actual cause is found when by the defendant’s act, the death would not have occurred. Proximate cause is found when the death was a foreseeable result of the felony.

75
Q

FELONY MURDER IN THE SECOND DEGREE

A

is defined as murder committed during the intentional commission of a felony not otherwise enumerated.

76
Q

MANSLAUGHTER

A

is defined as the intentional or unlawful killing of another without MALICE AFORETHOUGHT.

77
Q

VOLUNTARY MANSLAUGHTER

A

is defined as the intentional or unlawful killing of another without MALICE AFORETHOUGHT during SUDDEN QUARREL or HEAT OF PASSION or during the use of IMPERFECT SELF-DEFENSE.

78
Q

SUDDEN QUARREL

A

means a legally recognized and sufficient provocation causing a reasonable person to lose normal self-control.

79
Q

HEAT OF PASSION

A

exists when a defendant is provoked, a reasonable person would have been so provoked, a reasonable person would not have had time to cool off and the defendant did not have time to cool off.

80
Q

PROVOCATION

A

must be provoked

81
Q

MERE WORDS/INFORMATIONAL WORDS

A

cannot be adequate provocation.

82
Q

IMPERFECT SELF-DEFENSE

A

is unreasonably but honestly using deadly force to protect oneself

83
Q

INVOLUNTARY MANSLAUGHTER

A

is defined as the unintentional killing of another without MALICE AFORETHOUGHT. It can occur during an unlawful act not amounting to a felony, when committed without due caution and circumspection and when the act constitutes criminal negligence

84
Q
  • CRIMINAL NEGLIGENCE
A

when the defendant simultaneously understands and disregards a substantial risk of harm.

85
Q

MISDEMEANOR MANSLAUGHTER

A

is defined as the killing of another that occurs during the commission of a misdemeanor or an infraction

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