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

Criminal Law Flashcards

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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
Q

what are inchoate crimes?

A

solicitation
conspiracy
attempt

*all of these are specific intent crimes

26
Q

solicitation

A

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
Q

Conspiracy

A

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
Q

common law: conspiracy

How can a conspirator withdraw?

A

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
Q

Model Penal Code: conspiracy

How can a conspirator withdraw?

A

voluntarily withdrawing and preventing the success of the conspiracy is a defense against the conspiracy itself.

REMEMBER: impossibility is NOT a defense

30
Q

Common law: Attempt

What is attempt?

A

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
Q

Model Penal Code: Attempt

What is attempt?

A

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
Q

What is murder?

A

unlawful killing and malice aforethought

33
Q

what are the 4 types of malice?

A 
intent to kill
intent to inflict serious bodily injury 
gross negligence (depraved heart) 
felony murder
34
Q

what is felony murder?

A

killing during the course of a felony

intent is NOT required

35
Q

what is the modern approach to felony murder?

A

the killing must be done by either the defendant or co-defendant

36
Q

what is the common law approach to felony murder?

A

if the killing was done by anyone, then charged with felony murder

37
Q

voluntary manslaughter

A

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
Q

involuntary manslaughter

A 
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
Q

is it the modern approach or the common law approach that classifies homicide?

A

modern

40
Q

first-degree murder

A

specific intent homicide

premeditated murder

41
Q

first-degree felony murder

A 
when the felony is enumerated by statute by typically includes: 
Burglary 
Arson
Rape
Robbery
Kidnapping
42
Q

second-degree murder

A

think of as: catch all

43
Q

larceny

A

taking away another’s property by trespass with the intent to permanently deprive the person of their property

44
Q

embezzlement

A

conversion of property held in trust with the intent to defraud

45
Q

false pretenses

A

taking title to property by misrepresentation with intent to defraud

46
Q

what is the key difference between larceny and embezzlement?

A

LARCENY: the owner had possession FIRST
EMBEZZLEMENT: the D had possession first

47
Q

Robbery

A

larceny + force or threat of force

48
Q

Common law:

burglary

A

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
Q

modern approach:

burglary

A

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
Q

what are defenses?

A 
insanity 
intoxication 
infancy 
mistake 
self-defense
51
Q

Common law- Defense

Insanity

A

mental illness precluded knowing right from wrong or understanding the nature and quality of act

52
Q

Model Penal Code- Defense

Insanity

A

mental illness resulted in lack of substantial capacity to appreciate wrongfulness of conduct or to conform to law

53
Q

involuntary intoxication

A

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
Q

voluntary intoxication

A

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
Q

mistake of fact

A

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
Q

mistake of law

A

NOT A DEFENSE

57
Q

self-defense

A

a person may use non-deadly force if they reasonably believe the force used was necessary to defense against imminent unlawful force.

58
Q

self-defense

is deadly force ever allowed?

A

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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