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Bar Exam > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

Specific Intent Crimes

A
  1. Solicitation
  2. Attempt
  3. Conspiracy
  4. First Degree Premeditated Murder
  5. Assault (attempted batter)
  6. Larceny & Robbery
  7. Burglary
  8. Forgery
  9. False Pretenses
  10. Embezzlement
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2
Q

General Intent Crimes

A
  1. Battery
  2. Rape
  3. Kidnapping
  4. False Imprisonment
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3
Q

Malice Crimes

A
  1. Common Law Murder

2. Arson

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4
Q

Strict Liability Crimes

A
  1. Statutory Rape
  2. Selling Liquor to Minors
  3. Bigamy (some jurisdiction)
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5
Q

Solicitation

A

inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime.

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6
Q

Conspiracy

A

An agreement between two or more persons; an intent to enter into an agreement and intent by at least two persons to achieve the objective of the agreement. A majority of states now also require an overt act, but an act of mere preparation will suffice.
**Withdraw from the conspiracy is not a defense to the conspiracy because the conspiracy is complete as soon as the the agreement is made and an act in furtherance is performed– Withdrawal may be a defense to crimes committed in furtherance of the conspiracy (to co-cospirators acts after withdrawal).

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7
Q

Attempt

A

An act, done with the intent to commit a crime, that falls short of completing the crime. (Regardless of the intent necessary for the completed offense, an attempt always requires a specific intent).

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8
Q

Insanity

A

At the time of the crime, the defendant was so mentally ill as to be entitled to acquittal.

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9
Q

Insanity Tests

A
  1. M’Naghten Rule- defendant has a mental disease or defect that caused him to either; (i) not know that his act would be wrong; or (ii) not understand the nature and quality of his action.
  2. Irresistible Impulse Test- because of a mental illness, he was unable to control his actions or conform his conduct to the law.
  3. Durham (or New Hampshire Test) - the crime was the product of defendant’s mental illness. 9Broader than M’Naghten).
  4. ALI or MPC- defendant had a mental disease or defect, and as a result, he lacked the substantial capacity to either: appreciate the criminality of his conduct; or conform his conduct to the requirements of law.
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10
Q

Battery

A

An unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.
(Aggravated Battery- battery with a deadly weapon; battery resulting in serious bodily harm and battery of a child, woman or police officer.

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11
Q

Assault

A

Either An attempt to commit a battery OR the intentional creation- other than mere words- of a reasonable apprehension in the mind of the victim of imminent bodily harm.
(Aggravated Assault- assault with a deadly weapon or with intent to rape or maim)

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12
Q

Homicide

A

At common Law divided into three categories:

  1. Murder- the unlawful killing of a human being with malice aforethought.
  2. Voluntary Manslaughter- a killing that would be murder but for the existence of adequate provocation.
  3. Involuntary Manslaughter- killing committed with criminal negligence (of by recklessness under the MPC) or, in some states, during the commission of an unlawful act. Foreseeability of death may also be a requirement.
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13
Q

Malice Aforethought

A

Malice aforethought exists if there are no facts reducing the killing to voluntary manslaughter or excusing it and it was committed with one of the following states of mind:

  • intent to kill
  • intent to inflict great bodily injury
  • reckless indifference to an unjustifiably high risk to human life(abandoned and malignant hear) ; or
  • intent to commit a felony (felony murder)
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14
Q

Adequate provocation (voluntary manslaughter)

A

Provocation is adequate only if:

  • It was a provocation that would arouse sudden and intense passion in the mind of an ordinary person, causing him to lose self-control;
  • the defendant was in fact provoked;
  • there was not sufficient time between provocation and killing for passions of a reasonable person to cool; an d
  • the defendant in fact did not cool off between the provocation and the killing.
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15
Q

Statutory Modifications of Common Law Homicide Classifications

A
  1. First degree murder- deliberate and premeditated
  2. First Degree Felony Murder- a killing committed during the commission of an enumerated felony.
  3. Felony Murder- any death caused in the commission of, or in an attempt to commit, a felony is murder. Malice is implied from the intent to commit the underlying felony.
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16
Q

False Imprisonment

A

The unlawful confinement of a person without his valid consent. The MPC requires that the confinement must “interfere substantially with the victims liberty.

17
Q

Kidnapping

A

Unlawful confinement of a person that involves either some movement of the victim or concealment of the victim in a secret place.
(Aggravated Kidnapping- included kidnapping for ransom, kidnapping for the purpose of committing other crimes, kidnapping for offensive purposes, and child stealing).

18
Q

Rape (sexual assault)

A

Intercourse without effective consent. Lack of effective consent exists where:

  • intercourse is accomplished by actual force;
  • intercourse is accomplished by threats of great and immediate bodily harm
  • the victim is incapable of consenting due to unconsciousness, intoxication or mental condition; or
  • the victim is fraudulently caused to believe that the act is not intercourse.
19
Q

Statutory Rape

A

Strict liability- intercourse with person under the age of consent.

20
Q

Adultery

A

Adultery is committed by both parties to sexual intercourse if either is validly married to someone else.

21
Q

Fornication

A

Sexual intercourse or open and notorious cohabitation by unmarried persons.

22
Q

Incest

A

Marriage or a sexual act between closely related persons.

23
Q

Bigamy

A

Strict Liability- marrying someone while having another living spouse.

24
Q

Larceny

A

A taking and carrying away of tangible personal property of another with possession, by trespass, with the intent to permanently deprive that person of his interest in the property.
(The property must be taken form the custody or possession of another).
Requires that at the time of the taking defendant intended to permanently deprive a person of her property.

25
Q

Embezzlement

A

The fraudulent conversion of personal property of another by a person in lawful possession of that property.

26
Q

False Pretenses

A

Obtaining title; to personal property of another; by an intentional false statement of a past or existing fact; with intent to defraud the other.

27
Q

Robbery

A

A taking of personal property of another, from the other’s person or presence; by force or threats of immediate death or physical injury to the victim, a member of his family, or some person in the victim’s presence; with the intent to permanently deprive him of it.

28
Q

Extortion

A

Obtaining property by means of threats to do harm or expose information. (under some statutes, the crime is complete when threats are made with the intent to obtain property; the property need not be obtained)

29
Q

Receipt of Stolen Property

A

Receiving possession and control of “stolen” personal property, known to have been obtained in a manner constituting a criminal offense; by another person; with the intent to permanently deprive the owner of his interest in it.

30
Q

Theft

A

some or all of the property offenses are combined and defined as the crime of theft.

31
Q

Forgery

A

Making or altering a writing with apparent legal significance so that it is false, with the intent to defraud.

32
Q

Malicious Mischief

A

The malicious destruction of or damage to the property of another.

33
Q

Burglary

A

A breaking and entry of a dwelling of another at nighttime with the intent to commit a felony int he structure.

34
Q

Arson

A

The malicious burning of the dwelling of another. (“of another” focuses on possession not ownership)
(some damage to the structure caused by fire is required– charring is sufficient)

35
Q

Perjury

A

Intentional taking of a false oath in regard to a material matter in a judicial proceeding.

36
Q

Bribery

A

The corrupt payment or receipt of anything of value for official action.

Bar Exam (7 decks)

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