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BARPREP > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Legal Duty to Act

A
  1. By statute
  2. By contract
  3. Because of the relationship between the parties
  4. Because you voluntarily assume a duty of care and fail to adequately perform it
  5. Where your conduct created the peril
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2
Q

Specific Intent Crimes

A 
“Students Can Always Fake A Laugh Even For Ridiculous Bar Facts”
Solicitation
Conspiracy
Attempt
First-Degree Murder
Assault 
Larceny 
Embezzlement 
False Pretenses 
Robbery
Burglary 
Forgery

They will qualify for (1) Voluntary Intoxication; and (2) Unreasonable Mistake of Fact

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3
Q

Malice Crimes

A

Murder

Arson

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4
Q

General Intent Crimes

A

All crimes not so far mentioned are general intent crimes unless they qualify for strict liability.

General intent means the D has a general awareness that she is acting in a manner that would be prohibited by law.

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5
Q

Strict Liability Crimes

A

“The no-intent crimes”

Key point: any defense that negates intention cannot be a defense to the no intent crimes of strict liability.

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6
Q

Purposely (MPC)

A

One acts purposely when it is his conscious objective to engage in certain conduct or cause a certain result.

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7
Q

Knowingly (MPC)

A

One acts knowingly when he is aware that his conduct will very likely cause the result

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8
Q

Recklessly (MPC)

A

One acts recklessly when he consciously disregards a substantial and unjustifiable risk

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9
Q

Negligently (MPC)

A

One acts negligently when he fails to be aware of a substantial and unjustifiable risk

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10
Q

Concurrence

A

The D must have had the intent necessary for the crime at the time he committed the act constituting the crime

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11
Q

Causation

A

Some crimes (e.g. homicide) require a harmful result and causation. Thus, when a crime is defined to require not merely conduct, but also a specified result (e.g. death) the defendant’s conduct must be both the cause-in-fact and the proximate cause of the specified result.

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12
Q

Common Law Parties to a Crime

A

(1) Principals in First Degree - persons who actually engage in the act that constitutes the criminal offense
(2) Principals in Second Degree - persons who aid, advise, or encourage the principal and are present at the crime;
(3) Accessories Before the Fact - persons who aid, advise, or encourage the principal but are not present at the crime
(4) Accessories After the Fact - persons who assist the principal after the crime

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13
Q

Modern Parties to a Crime

A

(1) Principal - one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result;
(2) Accomplice - one who aids, advises, or encourages the principal in the commission of the crime charged;
(3) Accessory After then Fact - one who receives, comforts, or assists another knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction

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14
Q

Mental State Required for Accomplice Liability

A

(1) the intent to assist the principal in the commission of the crime; and
(2) the intent that the principal commit the crime

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15
Q

Scope of Accomplice Liability

A

Responsible for the crimes she committed or aided/advised/encourage AND for any other crimes committed in the course of committing the crime contemplated, as long as the other crimes were probable and foreseeable

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16
Q

Accomplice Withdrawal

A

If encouraged crime, must repudiate the encouragement

If aided by providing assistance to the principal, must do everything possible to neutralize this assistance

Contacting police = withdrawing

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17
Q

Conspiracy

A

An agreement, between two or more persons, with intent to enter into agreement (express or implied), and an intent to pursue an unlawful objective.

NO MERGER

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18
Q

Bilateral Conspiracy Approach

A

Common Law Rule
If one person is merely feigning agreement, the other person cannot be guilty of conspiracy.
Furthermore, acquittal of all person with whom a D is alleged to have conspired, precludes conviction of the remaining D under this approach.

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19
Q

Unilateral Conspiracy Approach

A

Modern rule/MPC approach

Only one person needs to have genuine criminal intent

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20
Q

Majority Rule - Overt Act (Conspiracy)

A

In order to ground liability for conspiracy, there must be an agreement + some overt act in furtherance of the conspiracy

Any little act will do, even mere preparation

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21
Q

Minority Rule - Overt Act (Conspiracy)

A

Common law rule

Liability is grounded with the agreement itself

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22
Q

Solicitation

A

Asking someone to commit a crime. This crime ends when you ask them.

Under common law, not necessary that the person solicited agree to commit the crime.

Once person agrees, merges into conspiracy.

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23
Q

Attempt

A

(1) Specific intent, plus (2) overt act in furtherance of the crime

Overt act here must be a substantial step in furtherance of the commission of the crime; thus, mere preparation cannot ground liability for attempt.

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24
Q

Majority Rule - Defense of Abandonment (Attempt)

A

Once D has taken a substantial step toward committing the crime, abandonment is NEVER a defense.

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25
Q

Minority Rule - Defense of Abandonment (Attempt)

A

MPC allows for Defense of Abandonment only if it is fully voluntary and a complete renunciation of criminal purpose.

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26
Q

Common Law Murder

A

The unlawful killing of another human being with malice aforethought. Such a state of mind exists if there is:

  • Intent to kill; or
  • Intent to commit a felony; or
  • Intent to inflict great bodily harm; or
  • Reckless indifference to an unjustifiably high risk to human life.
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27
Q

First Degree Murder

A

Three categories:

  1. Premeditated killing (human + acting with intent or knowledge to cause death)
  2. Felony murder
  3. Homicide of police officer (know victim is cop + cop working at time)
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28
Q

Second Degree Murder

A

(1) Depraved heart killing— a killing done with reckless indifference to an unjustifiably high risk to human life; or
(2) Murders that are not classified as first-degree murders

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29
Q

Felony Murder

A

Any killing—even accidental killing—committed during the course of a felony.

Note: defense to underlying felony is defense to felony murder

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30
Q

Voluntary Manslaughter

A

(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 D in fact did not cool off between the provocation and the killing.

31
Q

Imperfect Self-Defense

A

D has an honest, but unreasonable, belief that his life was in imminent danger, this defense will reduce a murder to manslaughter.

32
Q

Involuntary Manslaughter

A

(1) A killing of criminal negligence; or

(2) Misdemeanor manslaughter— killing someone while committing a misdemeanor or an un-enumerated felony.

33
Q

Causation

A

Cause in Fact: The D’s conduct must be the but for cause of the victim’s death.

Proximate Cause: D 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.

34
Q

Battery

A

Unlawful application of force to the person resulting in either bodily injury or offensive touching.

  • Need not be intentional
  • Force need not be applied directly (think poisoning)
  • General Intent Crime!!
35
Q

Assault

A

(1) An attempt to commit a battery; or

(2) The intentional creation— other than by mere words— of a reasonable apprehension of imminent bodily harm

36
Q

Aggravated Assault

A

(1) Assault, AND EITHER:
(A) The use of a deadly or dangerous weapon; or
(B) with the intent to rape, maim, or murder

37
Q

False Imprisonment

A

Unlawful confinement of a person without his valid consent.

If known alternate route available, confinement element will not be met

38
Q

Kidnapping (MPC)

A

Confining a person with some movement or concealment in an actual place

39
Q

Rape (Sexual Assault)

A

The slightest penetration completes the crime

40
Q

Statutory Rape

A

STRICT LIABILITY— Consent and Mistake of Fact are not defenses

41
Q

Larceny

A

Wrongful taking, a carrying away of property of another by trespass, with the intent to permanently deprive.

  • Slightest movement is enough
  • Intent to deprive at time of taking
  • If believe it’s yours, then not larceny
42
Q

Embezzlement

A

The fraudulent conversion of property of another.

  • lawful possession followed by illegal conversion
43
Q

False Pretenses

A

D persuades the owner of property to convey title by false pretense

  • Conveyance of TITLE
  • Based on present or past fact (NOT FUTURE)
44
Q

Larceny by Trick

A

If only possession is obtained, it’s Larceny by Trick

If title is obtained, it’s False Pretenses

45
Q

Robbery

A

The taking of personal property of another from the other person’s presence, by force or threat with the intent to permanently deprive him of it.

46
Q

Extortion (Blackmail)

A

Knowingly seeking to obtain property or services by means of a future threat.

(Larceny + Threat of Future Harm)

47
Q

Forgery

A

Making or altering of a false writing with intent to defraud

  • Writing that has apparent legal significance can be subject to the crime of forgery (will, check, life insurance policy, etc.)
48
Q

Burglary

A

Breaking and entering of a dwelling of another at night with the intent to commit a felony therein

49
Q

Arson

A

The malicious burning of the dwelling of another.

  • Reckless disregard is enough
  • Burning, not smoke damage
50
Q

M’Naughten Rule (Insanity)

A

At the time of his conduct, D lacked the ability to know the wrongfulness of his actions of understand the nature and quality of his actions

51
Q

Irresistible Impulse (Insanity)

A

D lacked the capacity for self-control and free choice

52
Q

Durham Rule (Insanity)

A

D’s conduct was a product of mental illness

53
Q

MPC Rule (Insanity)

A

D lacked the ability to conform his conduct to the requirements of the law.

54
Q

Voluntary Intoxication

A

Defense ONLY to specific intent crimes

55
Q

Involuntary Intoxication

A

(1) Unknowingly being intoxicated; or

(2) Becoming intoxicated under duress

56
Q

Deadly Force in Self-Defense (Majority Rule)

A

A victim may use deadly force in self-defense any time the victim reasonably believes that deadly force is about to be used on him.

57
Q

Deadly Force in Self-Defense (Minority Rule)

A

Victim is required to retreat if it is safe to do so, EXCEPT:

  1. No duty to retreat from your home;
  2. No duty to retreat if you are the victim of a rape or a robbery; and
  3. Police officers have no duty to retreat
58
Q

Original Aggressor Self-Defense

A
  1. Withdraw; and

2. Communicate the withdrawal

59
Q

Defense of Others

A

If D reasonably believes that the person assisted would have had the right to use force in his own defense.

MAJORITY RULE: Need not be a special relationship between D and person in whose defense he acted.

60
Q

Duress

A

(1) The person acts under the threat of imminent infliction of death or great bodily harm; and
(2) that belief is reasonable

Defense to all crimes EXCEPT homicide

61
Q

Necessity

A

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.

62
Q

Defense of a Dwelling

A

Deadly force may never be used solely to defend your property

63
Q

Mistake of Fact

A

Defense ONLY when the mistake negates intention.

Must be reasonable to be a defense to a malice or general intent crime.
Never a defense to strict liability crimes.
Any mistake is defense if specific intent crime.

64
Q

Mistake of Law

A

It is not a defense to a crime that the D was unaware that her acts were prohibited by law or that she mistakenly believed that her acts were not prohibited.

65
Q

Entrapment

A

(1) The criminal design originated with law enforcement officers; and
(2) The D must not have been predisposed to commit the crime.

66
Q

Incompetent to Stand Trial

A

A defendant is considered incompetent to stand trial under the due process standard if, because of his present mental condition, he either (1) lacks a rational as well as a factual understanding of the charges and proceedings; or (2) lacks sufficient present ability to consult with his lawyer with a reasonable degree of understanding.

67
Q

The Retreat Doctrine

A

A non-aggressor has the duty to retreat from a threatening situation if he can do so with complete safety. A person has no duty to retreat unless he intends to use deadly force.

68
Q

Doctrine of Transferred Intent

A

If the actor intended to kill or cause serious bodily harm to one person and caused the death of another person, malice aforethought as to the unintended victim was established.

69
Q

When will the failure to act give rise to liability?

A

Only if:

(1) There is a legal duty to act;
(2) The defendant has knowledge of the facts giving rise to the duty to act; and
(3) It is reasonably possible to perform the duty.

70
Q

Wharton Rule

A

Where two or more people are necessary for the commission of the substantive offense (adultery, dueling, etc.), there is no crime of conspiracy unless more parties participate in the agreement than are necessary for the crime.

71
Q

Mens Rea of Criminal Negligence

A

When a person:

(1) fails to be aware of a substantial and unjustifiable risk; and
(2) this failure constitutes a substantial deviation from the standard of care that a reasonable person would have exercised in the same situation.

72
Q

Intervening Act (Causation)

A

Can shield the defendant if the death was the natural and probable consequence of his conduct, even if he did not anticipate the precise manner in which it would occur.

73
Q

When the substantive offense has recklessness or negligence as its mens rea, most jurisdictions will hold that the intent element is satisfied if….

A

(1) The accomplice intended to facilitate the commission of the crime; and (2) acted with recklessness or negligence (whichever is required)

74
Q

Self Defense (General Rule)

A

A person is entitle to use such force as he reasonably believes is necessary to protect himself against the use of unlawful force on himself.

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