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Bar Prep Questions + Rule of Law > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

What is mens rea?

A

the level of intent required for specific crimes.

must occur at the same time as the actus reus

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2
Q

What is mens rea under the model penal code?

A

negligently

recklessly

knowingly

purposefully

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3
Q

what is mens rea under the common law?

A

strict liability

general intent

malice

specific intent

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4
Q

Model Penal Code: Mens Rea

Negligently

A

gross deviation from norm in failing to perceive substantial and unjustifiable risk

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5
Q

Model Penal Code: Mens Rea

Recklessly

A

gross deviation from norm in consciously disregarding substantial and unjustifiable risk

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6
Q

Model Penal Code: Mens Rea

Knowingly

A

awareness

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7
Q

Model Penal Code: Mens Rea

Purposefully

A

conscious object

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8
Q

Common law: Mens Rea

Strict liability

A

no mens rea required

EX:
statutory rape
public health
safety regulations

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9
Q

Common law: Mens Rea

general intent

A

criminal negligence

EX:
Rape
battery
kidnapping

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10
Q

Common law: Mens Rea

malice

A

gross negligence

EX:
murder
arson

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11
Q

Common law: Mens Rea

specific intent

A

purpose

ex: 
first degree murder
assault 
inchoate crimes
property-related crimes
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12
Q

what is transferred intent?

A

the intent to harm a particular individual or object transfers if instead it causes similar harm to another person or object

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13
Q

What does Actus Rea include?

A 
physical or external component 
AND 
either a voluntary act 
OR 
the omission to act that violates a legal duty
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14
Q

accomplice liability

A

individuals that are accessories to a crime committed by someone else

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15
Q

what accomplice liability under the modern approach?

A 
one is liable for someone else's crime if they assisted by: 
aiding
OR
encouraging 
OR
advising 
AND 
they intended to assist in the commission of the crime
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16
Q

under common law what are the 4 categories to accomplice liability?

A

principal in the first degree
principal in the second degree
accessory before the fact
accessory after the fact

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17
Q

common law: Accomplice liability

principal in the first degree

A

present at the scene and commits one element of the crime

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18
Q

common law: Accomplice liability

principal in the second degree

A

present at the scene + assists

BUT does NOT committ any element of the crime

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19
Q

common law: Accomplice liability

Accessory before the fact

A

not at scene, provided assistance beforehand

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20
Q

common law: Accomplice liability

accessory after the fact

A

not at scene

provided assistance after the crime was completed

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21
Q

What are the principals under accomplice liability liable for?

A

the crimes committed

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22
Q

What is an accessory before the fact liable for?

A

every crime committed

both planned and all foreseeable crimes

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23
Q

What is an accessory after the fact liable for?

A

NOT liable for the crime committed
BUT
is liable for the separate crime of being an accessory after the fact

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24
Q

when can someone be discharged from being liable under accomplice liability?

A

if they encourage the crime and then discourage the crime = they have withdrawn from liability

if they neutralize the aid, prevent the crime or notifies the authorities= withdrawn from liability

25
what are inchoate crimes?
solicitation conspiracy attempt *all of these are specific intent crimes
26
solicitation
asking or encouraging someone to commit a crime with the intent to commit that crime merges into the completed offense REMEMBER: if the crime was impossible to commit, that is NOT a defense
27
Conspiracy
an agreement to commit the unlawful act and the specific intent to achieve the object of the agreement REMEMBER: an overt act in furtherance of the conspiracy is required (can be minor) LIABLE FOR: the conspiracy + completed crime + foreseeable crimes by co-conspirators in furtherance of the conspiracy
28
common law: conspiracy How can a conspirator withdraw?
by notifying co-conspirators in time for them to abandon their plans. ``` LIABLE FOR: the conspiracy + the crime itself BUT NOT any forseeable crimes ```
29
Model Penal Code: conspiracy How can a conspirator withdraw?
voluntarily withdrawing and preventing the success of the conspiracy is a defense against the conspiracy itself. REMEMBER: impossibility is NOT a defense
30
Common law: Attempt What is attempt?
an act with a dangerous propensity towards completion of the crime NEED: specific intent to commit the crime REMEMBER: Attempt merges into the completed target offense DEFENSE: legal impossibility NO DEFENSE: factual impossibility
31
Model Penal Code: Attempt What is attempt?
a substantial step beyond mere preparation towards completion of the crime NEED: specific intent to commit the crime REMEMBER: Attempt merges into the completed target offense DEFENSE: legal impossibility NO DEFENSE: factual impossibility
32
What is murder?
unlawful killing and malice aforethought
33
what are the 4 types of malice?
``` intent to kill intent to inflict serious bodily injury gross negligence (depraved heart) felony murder ```
34
what is felony murder?
killing during the course of a felony | intent is NOT required
35
what is the modern approach to felony murder?
the killing must be done by either the defendant or co-defendant
36
what is the common law approach to felony murder?
if the killing was done by anyone, then charged with felony murder
37
voluntary manslaughter
an intentional killing in the heat of passion heat of passion requires a sudden and intense reaction with adequate provocation and no cooling off period words alone are NOT sufficient
38
involuntary manslaughter
``` an unlawful killing with negligence OR recklessness OR a killing during the course of a misdemeanor OR a felony not included in felony murder ```
39
is it the modern approach or the common law approach that classifies homicide?
modern
40
first-degree murder
specific intent homicide premeditated murder
41
first-degree felony murder
``` when the felony is enumerated by statute by typically includes: Burglary Arson Rape Robbery Kidnapping ```
42
second-degree murder
think of as: catch all
43
larceny
taking away another's property by trespass with the intent to permanently deprive the person of their property
44
embezzlement
conversion of property held in trust with the intent to defraud
45
false pretenses
taking title to property by misrepresentation with intent to defraud
46
what is the key difference between larceny and embezzlement?
LARCENY: the owner had possession FIRST EMBEZZLEMENT: the D had possession first
47
Robbery
larceny + force or threat of force
48
Common law: burglary
the breaking and entering a dwelling of another at night with the intent to commit a felony within the dwelling REMEMBER: specific intent crime
49
modern approach: burglary
the breaking and entering a structure with the intent to commit a felony within. REMEMBER: only difference is DOESN'T have to be at night and CAN be any structure
50
what are defenses?
``` insanity intoxication infancy mistake self-defense ```
51
Common law- Defense Insanity
mental illness precluded knowing right from wrong or understanding the nature and quality of act
52
Model Penal Code- Defense Insanity
mental illness resulted in lack of substantial capacity to appreciate wrongfulness of conduct or to conform to law
53
involuntary intoxication
a defense to all elements of a crime caused by any substance including alcohol, drugs and medicine RESULTS WHEN: the individual is taking the intoxicating substance without knowledge of its nature OR under direct duress imposed by another OR pursuant to medical advice while unaware of the substance's intoxicating effect.
54
voluntary intoxication
self-induced and results from intentionally taking without duress a substance known to be intoxicating. person does NOT need to have intended to become drunk DEFENSE TO: crimes requiring intent or knowledge (specific intent crimes)
55
mistake of fact
must negate the state of mind general intent crimes: the mistake must be reasonable specific intent crimes: reasonableness is not required as any mistake of fact is a defense strict liability offenses: DO NOT require a particular state of mind-- mistake of fact is not a defense
56
mistake of law
NOT A DEFENSE
57
self-defense
a person may use non-deadly force if they reasonably believe the force used was necessary to defense against imminent unlawful force.
58
self-defense is deadly force ever allowed?
ONLY when the accused reasonably believes the force used is necessary to defend against imminent unlawful deadly force or serious bodily injury.

Bar Prep Questions + Rule of Law (15 decks)

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