Criminal Law Flashcards
1
Q
Essential Elements of a Crime - General
A
- Act (or Omission)
2. Mental State
2
Q
Movement that does not qualify as an ACT
A
- Conduct which is not the product of your own volition
- Reflex or convulsion
- act performed while asleep or unconscious
3
Q
Omission
when legal duty arises
A
- By Statute
- By Contract
- Relationship between the parties (parent/child)
- voluntary assumption of a duty or care and failure to perform
- Where your conduct created the peril
4
Q
4 Common Law Mental States of a Crime
A
- Specific Intent
- Malice Crimes
- General Intent Crimes
- Strict Liability Crimes
5
Q
Specific Intent Crimes (11)
A
Solicitation Conspiracy Attempt First Degree Murder Assault Larceny Embezzlement False pretenses Robbery Burglary Forgery
6
Q
Malice Crimes (2)
A
Murder
Arson
7
Q
General Intent
A
All crimes that are not specific intent, malice crimes, or strict liability
8
Q
Doctrine of Transferred Intent
A
-
9
Q
Strict Liability
A
No Intent Crimes
- If the crime is in the administrative, regulatory, or morality arena and you do not see any adverbs such as Knowingly, willfully, or intentionally, then the statute is meant to be a no intent crime of strict liability
10
Q
Model Penal Code Mental States
A
- Purposely
- Knowingly
- Recklessly
- Negligently
11
Q
Purposely
A
One acts purposely when it is his conscious objective to engage in certain conduct or case a certain result
12
Q
Knowingly
A
One acts knowingly when he is aware that his conduct will very likely cause the result
13
Q
Recklessly
A
One acts recklessly when he consciously disregards a substantial and unjustifiable risk
14
Q
Negligently
A
One acts negligently when he fails to be aware of a substantial and unjustifiable risk
15
Q
Accomplice
A
One who Aids, Advises, or Encourages the principle in the commission of the crime charged
16
Q
Accomplice Intent
A
Must intend that the crime be committed
17
Q
Accomplice’s Liability
A
Accomplices are liable for the crime itself and all other foreseeable crimes
18
Q
Accomplice Withdrawal
A
- If encouraged the crime, must repudiate the encouragement
- if aided by providing assistance to the principal, must do everything possible to neutralize the assistance
- Alternative to withdrawing - Contact police
19
Q
Incohate Offenses
A
Incohate = Incomplete
- Solicitation
- Conspiracy
- Attempt
20
Q
Solicitation
Define
A
Solicitation is asking someone to commit a crime. The crime of solicitation ends when you ask them.
Note: if the person you ask to commit the crime agrees to do it, it becomes a conspiracy and the solicitation merges and the only crime left when the other person agrees to do it is conspiracy.
Note: Factual Impossibility - No Defense
21
Q
Conspiracy
Define
A
An agreement, with an intent to agree, and an intent to pursue and unlawful objective.
Note: Agreement can be express or inferred by conduct
Note: majority requires an overt act, minority looks to whether an agreement is present
Note: Factual Impossibility is NOT a defense
22
Q
Conspiracy and Merger
A
Conspiracy does NOT merge with substantive offense. You can be convicted of conspiring to do something and doing it.
23
Q
Liability for Co-Conspirator Crimes
A
Each conspirator is liable for ALL the crimes of co-conspirators if those crimes were committed in furtherance of the conspiracy and were foreseeable
24
Q
Bi-Lateral Approach
Common Law
A
- Requires 2 guilty parties
- If one person is merely feigning agreement, the other person can’t be convicted of conspiracy
- Acquittal of one = acquittal of all
25
Unilateral Approach
| Modern and MPC Approach
Requires that only 1 person have a genuine criminal intent
26
Withdrawal from Conspiracy
Withdrawal can never relieve defendant from liability from the conspiracy itself. May withdraw from the liability for the other conspirator's subsequent crimes.
27
Attempt
| define
Requires:
1. Specific intent; and
2. An overt act in furtherance of the crime
Note: Act must be a substantial step in furtherance of the commission of the crime. Mere preparation is not enough.
28
Defense of Abandonment
Majority Rule: Once Defendant has taken a substantial step toward committing the crime abandonment is NEVER a defense
Minority/MPC Rule: Allows for defense only if it fully voluntary and a complete renunciation of criminal purpose
29
Impossibility and Attempt
Legal Impossibility - Defense to attempt
| Factual Impossibility - Not a defense to attempt
30
Defenses Based on Criminal Capacity
Insanity
Intoxication
Infancy
31
Tests for Insanity (4)
M'Naghten Rule
Irresistible Impulse
Durham Rule
Model Penal Code
32
M'Naughten Rule
At the time of his conduct, Defendant lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.
33
Irresistible Impulse
Defendant lack the capacity for self control and free choice
34
Durham Rule
Defendant's conduct was a product of mental illness
35
Insanity under MPC
Defendant lacked the ability to conform his conduct to the requirements of law
36
Intoxication
Voluntary intoxication is a defense only to specific intent crimes
37
Involuntary Intoxication
1. Unknowingly intoxicating or
2. Becoming intoxicated under duress
Note: is considered a form of insanity, therefore a defense to all crimes
38
Infancy
Two rules:
1. Under age 7 - no criminal liability
2. Under age 14 - rebuttable presumption of no criminal liability
39
Self Defense
| Non-Deadly Force
A victim may use non-deadly self-defense anytime the victim reasonably believe that force is about to be used on him
40
Self Defense
| Deadly Force
Majority Rule: A victim may use deadly force in self defense anytime the victim reasonably believes that deadly force is about to be used on him
Minority Rule: A victim is required to retreat if it is safe to do so. Three exceptions:
- your home
- victim of rape or robbery
- police officers
41
Self-Defense
| Original Aggressor
To get back the defense of self-defense, the original aggressor must:
1. withdraw, and
2. communicate that withdrawal
Note: if the victim of the initial aggression suddenly escalates a minor fight into one involving deadly force and does so without giving the aggressor the opportunity to with draw, the original aggressor may use force in his own defense.
42
Defense of Others
A defendant can raise a "defense of others" defense if he reasonably believes that the person assisted would have had the right to use force in his own defense.
Majority Rule: there need not be a special relationship between the defendant that he person in whose defense he acted.
43
Defense of Dwelling
Deadly force may never be used solely to defend your property
44
Duress
Duress is a defense to a criminal act if:
1. The person acts under the threat of imminent infliction of death or great bodily harm, and
2. that belief is reasonable
Note: Threats to harm a third person may also suffice to establish the defense of duress.
Duress is a defense to all crimes except homicide
45
Necessity
Rule: Conduct that would otherwise be criminal is justifiable if, as a result of pressure from natural forces, the defendant reasonably believes that his conduct was necessary to avoid a greater societal harm.
Note: the necessity defense differs from duress because duress involves human threat, and necessity involves pressure from natural forces
46
Mistake of Fact
Rule: Mistake of fact is a defense only when the mistake negates INTENTION.
Note: The mistake has to be reasonable to be a defense to a malice or general intent crime.
- will always be a defense to a specific intent crime
- will never be a defense to strict liability crimes
47
Consent
Consent of the victim generally is NO defense
48
Entrapment
Entrapment is a valid defense only if:
1. The criminal design originated with law enforcement officers, and
2. The defendant must not have been predisposed to commit the crime
49
Battery
Rule: Unlawful application of force to the person resulting in either bodily injury or offensive touching
Note: batter doesn't need to be intentional and force may be applied directly or indirectly
Battery is a general intent crime
50
Assault
Rule: Either (1) an attempt to commit battery, or (2) the intentional creation - other than bay mere words- or a reasonable apprehension of eminent bodily harm
Assault/Battery distinction: If there has been an actual touching, the Crime is battery
51
Aggravated Assault
Rule: Aggravated Assault is an Assault + one of the following:
1. The use of a deadly or dangerous weapon, or
2. With the intent to rape, maim, or murder.
52
Murder
| Generally
Murder is the unlawful killing of another human being with malice aforethought.
53
Malice Aforethought
Malice aforethought exists when there is:
1. intent to kill, or
2. intent to inflict great bodily harm, or
3. intent to commit a felony, or
4. reckless indifference to an unjustifiably high risk to human life
54
Murder - Causation
Cause-in-fact: The defendant's conduct must be the cause-in-fact of the victim's death. In other words, the death would not have occurred but for the Defendant's conduct.
Proximate Cause: The general rule is that a Defendant is responsible for all results that occur as a natural and probable consequence of his conduct, even if he did not anticipate the exact manner in which they would occur.
55
First-degree Murder
Premeditated Killing
- victim must be human, and
- defendant must have acted with intent or knowledge that his conduct would case death
56
Felony Murder
Any killing, even an accidental killing, committed during the course of a felony
Note: deaths caused while fleeing from a felony are felony murders. BUT once the Defendant reaches a point of temporary safety deaths caused thereafter are NOT felony murders.
57
Defense to Felony Murder
If the Defendant has a defense to the underlying felony, then he has a defense to felony murder
58
Homicide of Police Officer
1. The defendant must know the victim is a law enforcement officer, and
2. The victim must be acting in the line of duty
Note: considered 1st degree murder
59
Second-degree Murder
In many states, second-degree murder is classified as a depraved heart killing - a killing done with reckless indifference to an unjustifiably high risk to human life; or
Murders that are not classified as first-degree murders (e.g. premeditated killings or 1st degree felony murders)
60
Voluntary Manslaughter
1. Killing in the heat of passion resulting from an adequate provocation by the victim;
2. The provocation must be one that would arouse sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control;
3. There must not have been a sufficient time between the provocation and the killing for the passions of a reasonable person to cool; and
4. The defendant in fact dd not cool off between the provocation and the killing.
61
Imperfect Self-Defense
If defendant has an honest but unreasonable belief that his life was in imminent danger, this defense will educe a murder to manslaughter.
Note: only some states recognize this doctrine
62
Involuntary Manslaughter
A killing of criminal negligence
63
Misdemeanor Manslaughter
Killing someone while committing a misdemeanor or an enumerated felony
64
False Imprisonment
Rule: Unlawful confinement of a person without his valid consent
Note: If a a known alternate route is available, the confinement element will not be met.
One's consent to the confinement precludes it from constituting false imprisonment.
65
Kidnapping
Rule: Confinement of a person with either:
1. Some movement (transportation); or
2. Concealment in a secret place
66
Rape
Sexual intercourse without consent
Note: for the MBE, all you need to know is that the slightest penetration completes the crime of rape.
67
Statutory Rape
Strict Liability Crime - neither the consent of the victim or a mistake of fact may be a defense
68
Larceny
Rule: Common law larceny requires a wrongful taking, a carrying away of property of another by trespass with intent to permanently deprive
Note: The intent to deprive the owner permanently must exist at the time of the taking.
- Taking property in the belief that is is yours is NOT common law larceny
69
Embezzlement
Rule: the fraudulent conversion of property of another
Note: The embezzler always has lawful possession followed by an illegal conversion
- embezzler does not have to get the benefit
- a trustee is often the embezzler on the MBE
70
False Pretenses
Rule: The defendant persuades the owner of property to convey title by false representation (pretense)
Note: false representation could be as to a present or past fact
- a false promise to do something in the future cannot be liability for false pretenses
71
Larceny by Trick
The defendant persuades the owner of the property to convey possession by false pretense.
72
Robbery
The taking of persona property of another from the other person's presence by force or threat with the intent to permanently deprive him of it
Note: threat must be a threat of eminent harm
73
Extortion
Knowingly seeking to obtain property or services by means of a future threat
74
Differences between Extortion and Robbery
A. you don't have to take anything from the person or his presence to be extortion
B. The treats are of future harm - not imminent harm
75
Forgery
Rule: The making or altering of a false writing with intent to defraud
Note: Any writing that has apparent legal significance is subject to the crime of forgery
76
Burglary
Rule: Breaking and entering of a dwelling of another at night with the intent to commit a felony therein
Note: breaking may be actual or constructive
- the intent to commit a felony MUST exist AT THE TIME of the breaking and entering
77
Arson
Rule: The malicious burning of the dwelling of another
Note: only applies to burning - not smoke damage. Scorching is insufficient, but charring is sufficient.
