Criminal Flashcards
4 Insanity Tests
- M’Naghten Rule
- Irresistable Impulse Test
- Durham Rule
- MPC
M’Naghten Rule
- at the time of his actions, the D lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions
Irresistable Impulse Test
D lacked capacity for self-control and free choice
Durham Rule
Ds conduct was a product of mental illness
MPC
Defendent lacked the ability to conform to his conduct to the requirements of law
Voluntary Intoxication
- self-induced intoxication
- addicts and alcoholics are always voluntarily intoxication
- Voluntary intoxication is a defense to only specific intent crimes
Involuntary Intoxication
- 1) unknowingly being intoxicated or 2) becoming intoxicated under duress
- involuntary intoxication is a form of insanity and thus is a defense to all crimes
Principles of Exulpation & Other Defenses
- Self-Defense
- Defense of a Dwelling
- Duress
- Necessity
- Mistake of Fact
- Consent
- Entrapment
Duress
- Duress is a defense to a criminal act if:
- the person acts under imminent infliction of death or great bodily harm, and
- that belief is reasonable
- Threats To a 3rd person may suffice
- Duress is a defense to all crimes except homocide
Entrapment
Entrapment is only a defense if:
- the criminal design originated with law enforcement officers, and
- the defendent must not have been predisposed to commit the crime.
What defenses does the term reasonable belief apply to?
- Self D
- Duress
- Necessity
- Mistake of Fact if malice or general intent crime
Battery
- Unlawful application of force to the person resulting in either:
- bodily injury,
- or offensive touching
- General Intent Crime
- need not be intentional
- need not be applied directly
Assault
- an attempt to commit a battery, or
- the intentional creation, other than by mere words, of a reasonable apprehension of imminent bodily harm
Aggravated Assault
Assault +:
- the use of a deadly or dangerous weapon, or
- with the intent to rape, mame or murder
Homicide: Murder:
Murder is the unlawful killing of another human being with Malice aforethought
Malice Aforethough:
- intent to kill; or
- intent to inflict grave bodily harm; or
- intent to commit a felony; or
- reckless indifference to an unjustifably high risk to human life
Malice Aforethought Types into degrees:
First Degree
- intent to kill; or
- intent to commit a felony; or
Second Degree
- reckless indifference to an unjustifably high risk to human life; or
- intent to inflict grave bodily harm
Causation for Murder
Need:
- cause in fact
- and proximate cause
First Degree Murder Types:
- Premeditated Killing
- Felony Murder
- Homicide of a Police Officer
Premeditated Killing
- Victim must be a human (dead human)
- Defendant must have acted with intent or knowledge that his conduct would cause death
Felony Murder
Any killing (even accidental) committed during the course of a felony
Defenses to Felony Murder
- Defense to the underlying felony
- The felony they are committing must be a felony other than the killing
- the deaths must be foreseeable
- Deaths that occur after the defendant reaches a point of temporary safety
- On the MBE, defendant is not liable for the death of a Co-felon as a result of resistance by police or victims.
Homicide of a Police Officer
- Defendant must know the victim is a police officer
- the victim must be acting in the line of duty
Second Degree Murder
- depraved heart killing
- murders that are not classified as first degree murders
Depraved Heart
reckless indifference to an unjustifiably high risk to human life
Voluntary Manslaughter
- killing in the heat of passion resulting from adequate provocation by the victim
- provocation must be on that would arise a sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control;
- must not be a space of time between provocation and killing for the passions of a reasonable person to cool; and
- the defendant did not infact cool off between provocation and killing
Degrees of Murder
- First Degree Murder
- Second Degree Murder
- Manslaughter
- voluntarty manslaughter
- involuntary manslaughter
Involuntary Manslaughter
- a killing of criminal negligence; or
- misdemeanor manslaughter - killing someone while committing a misdemeanor or unumerated felony
False Imprisonment
Unlawful confinement of a person without valid consent
- a known alternate route negates the confinement element
- consent precludes it from being false imprisonment
Kidnapping
Confinement of a person with either some movement or concealment in a secret place
Larceny
- Common Law Larecny requires a wrongful taking, a carrying away (asporation) of property of another by trespass with intent to permanently deprive
- slightest movement of property is enough to constitute larceny
- intent to deprive the owner must exist at the time of the taking
- taking property in the belief that it is yours is not larceny
Embezzlement
- The fraudulent conversion of property of another
- embezzler always has lawful possession before the illegal conversion
- don’t have to carry away - just lawful possession
- the embezzler doesn’t have to get the benefit
False Pretenses
- Defendent convinces owner to convey title to the property by false pretenses
- conveyance of title is whats important
- cash is title as well
- false representation could be present or past fact
- false promise to do something in the future cannot be grounds for liability
- conveyance of title is whats important
Larceny by Trick
Distinguished from False Pretenses:
- if only the possession (not title) is obtained
Robbery
Taking of personal property of another from the other person’s presence, by force or threat with intent to permanently deprive him of it.
- presence is broadly drawn
- threat must be of imminent harm
Extortion
Knowingly seeking to obtain property or services by means of a future threat
Forgery
The making or altering of a false writing with intent to defraud
- document must have legal signifigance
Arson
The malicious burning of a dwelling of another
- only applies to burning - not smoke damage
- scorching = insufficient
- charring = sufficent
- CL - had to be a dwelling (not barn or commercial building) and could not be one’s own home
- Multistate - May apply to buildings other than dwelling
Receipt of Stolen Property Consits of:
- recieving possession and control
- of stolen personal property
- known to have been obtained in a manner to be considered a criminal offense
- by another person
- with intent to permanent deprive
Standard for the Automobile Exception:
- In order for the police to search anything or anybody and fall under the automobile exception they must have Probable Cause
- The probable cause necessary to justify the
warrantless search of an auto under the automobile
exception can arise after the car is stopped. BUT the probable cause must arise before anybody or anything is searched- anything seen in plain view of the officer is not a search
What may police search under the automobile exception with Probable Cause?
- If – BUT ONLY IF – before searching anything
or anybody the police have probable cause then they can search the entire car - this includes the trunk - Moreover, if there is probable cause, the
police may open (without a warrant) any package,
luggage or other container which could reasonably contain the item they had probable cause to look for whether that package, luggage or other container is owned by the passenger or the driver.
