Criminal Law Flashcards
Does underlying felony merge into felony murder?
Yes
If a police officer kills someone in attempting to stop you from committing a crime, are you responsible for that death?
Generally no
Does battery/assault merge into robbery?
Yes
When must arson destroy the structure?
Arson
What does false pretenses require?
- Obtaining title to the property
- of another person
- through the reliance of that person
- on a known false representation of a material past or present fact AND
- the representation is made with the intent to defraud.
What is larceny by trick?
when you obtain property through fraud or deceit with the intent to steal it
What does attempt require and can you back out of attempt?
An attempt requires an intent to complete a crime and that the person take a substantial step towards completing the crime, once they take that step backing out has no effect
What is a factual impossibility?
at the time of the attempt, the facts make the intended crime impossible to commit although the defendant is unaware of this when the attempt is made
When does duress not apply as a defense?
Murder
What type of intent crime is “fear of harm” assault
general intent
The Pinkerton Rule
every co-conspirator is guilty of any foreseeable substantive offense committed in furtherance of the conspiracy, regardless of actual knowledge of its commission
Can a conspirator be convicted of conspiracy if all other conspirators are acquitted at the same trial?
No, because there must be more than one conspirator to have a conspiracy
What type of intent crime is bigamy?
Specific intent
What type of entering do you need for burgarly?
It needs to be unlawful and a breaking
Is deadly force ok in response to a rape?
Yes, because rape is a serious felony that presents a risk of serious injury or death
What are the four intent bases for murder?
- intent to commit felony
- intent to commit murder
- intent to inflict serious harm (hitting head with bottle)
- depraved heart
If there is no principal, can there be an accomplice?
No
What is majority vs minority approach to conviction of accomplice when principal is not/cannot be convicted
majority - can convict accomplice
minority & common law - cannot convict accomplice
If you assist a crime by providing a weapon, and that weapon doesn’t end up being used, can you still be an accomplice to the crime?
Yes
If kidnapping occurs incident to another crime, what is the movement requirement for the kidnapping?
It must be must be more than is necessary for the commission of that crime in order for the perpetrator to be liable for both kidnapping and the separate offense
What is forgery?
The making of a false writing with apparent legal significant and with the intent to defraud
Can you have both conspiracy and solicitation charges?
Yes, but don’t forget that solicitation mergers
When is legal impossibility a defense?
When the intended act is not a crime
Can a person be an accomplice when their action is an essential element of the the crime?
No
When the crime requires another party (i.e., the crime of distributing drugs requires a purchaser), the other party is not, simply by engaging in the criminal act, guilty of the crime as an accomplice.
Is opening an unlocked door enough force for breaking for burglary?
Yes
Redline Doctrine
a defendant is generally not guilty of felony murder when a victim or a police officer, acting in self-defense or trying to prevent the escape of the defendant or his co-felon, kills the co-felon.
If a guy convinces girlfriend to kill a guy in a place where police hang out and police shoot girlfriend, is guy guilty of depraved heart murder
Yes
Does the first amendment shield the media from liability for publishing information that was obtained illegally by a third party?
Yes, as long as the information involves a matter of public concern and the publisher did not obtain it unlawfully
M’Naaghten Test
defendant cannot appreciate the wrongfulness of their conduct due to mental illness
Wharton Rule
requires that a conspiracy have more parties than are necessary to complete the crime (drug deal situation)
If defense of arrest is allowed to prevent a criminal from escaping?
Yes
Voluntary manslaughter
malice aforethought BUT mitigation circumstances (heat of passion)
• If you have consent to enter a house, but your entering exceeds that consent, then is that a breaking?
Yes
ex: consent to enter for emergencies, but you enter to steal
For felony murder does the felony need to be independent of the murder?
Yes, so if you commit battery and the victim dies that can’t be felony murder
Do you need to complete the felony for felony murder?
No an attempt to commit an intended felony is enough
May a person use deadly force to prevent or terminate forcible entry into a dwelling if the occupant reasonably believes that the intruder intends to commit a felony inside?.
Yes, unless the intruder is exiting
Two assault situations
fear of harm or a failed attempt to commit battery when a substantial step was taken
Is solicitation for a battery that never happens assault?
Yes
Is there larceny, when it is the taking of real property items and the act of severance occurs immediately before carrying away the items?
Yes
Ex: The act of harvesting fruit constitutes the severance of real, rather than personal property.
If an agent of a company commits a crime and both the agent and the company are charged,
can the defendants can argue that they are a single entity and there is no conspiracy?
Yes
Type of intent for battery
general intent
Can criminal negligence lead to a battery charge?
Yes
Criminal negligence
a gross deviation from the standard of care of a reasonable person in the same situation
Does any felony qualify for felony murder?
No, must commit an inherently dangerous felony (think BARRK)
