Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Bar Review > Criminal Law > Flashcards

Criminal Law Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

Does underlying felony merge into felony murder?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

If a police officer kills someone in attempting to stop you from committing a crime, are you responsible for that death?

A

Generally no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Does battery/assault merge into robbery?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When must arson destroy the structure?

A

Arson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What does false pretenses require?

A
  1. Obtaining title to the property
  2. of another person
  3. through the reliance of that person
  4. on a known false representation of a material past or present fact AND
  5. the representation is made with the intent to defraud.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is larceny by trick?

A

when you obtain property through fraud or deceit with the intent to steal it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does attempt require and can you back out of attempt?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is a factual impossibility?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When does duress not apply as a defense?

A

Murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What type of intent crime is “fear of harm” assault

A

general intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

The Pinkerton Rule

A

every co-conspirator is guilty of any foreseeable substantive offense committed in furtherance of the conspiracy, regardless of actual knowledge of its commission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Can a conspirator be convicted of conspiracy if all other conspirators are acquitted at the same trial?

A

No, because there must be more than one conspirator to have a conspiracy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What type of intent crime is bigamy?

A

Specific intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What type of entering do you need for burgarly?

A

It needs to be unlawful and a breaking

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Is deadly force ok in response to a rape?

A

Yes, because rape is a serious felony that presents a risk of serious injury or death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the four intent bases for murder?

A
  1. intent to commit felony
  2. intent to commit murder
  3. intent to inflict serious harm (hitting head with bottle)
  4. depraved heart
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

If there is no principal, can there be an accomplice?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is majority vs minority approach to conviction of accomplice when principal is not/cannot be convicted

A

majority - can convict accomplice

minority & common law - cannot convict accomplice

19
Q

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?

A

Yes

20
Q

If kidnapping occurs incident to another crime, what is the movement requirement for the kidnapping?

A

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

21
Q

What is forgery?

A

The making of a false writing with apparent legal significant and with the intent to defraud

22
Q

Can you have both conspiracy and solicitation charges?

A

Yes, but don’t forget that solicitation mergers

23
Q

When is legal impossibility a defense?

A

When the intended act is not a crime

24
Q

Can a person be an accomplice when their action is an essential element of the the crime?

A

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.

25
Q

Is opening an unlocked door enough force for breaking for burglary?

A

Yes

26
Q

Redline Doctrine

A

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.

27
Q

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

A

Yes

28
Q

Does the first amendment shield the media from liability for publishing information that was obtained illegally by a third party?

A

Yes, as long as the information involves a matter of public concern and the publisher did not obtain it unlawfully

29
Q

M’Naaghten Test

A

defendant cannot appreciate the wrongfulness of their conduct due to mental illness

30
Q

Wharton Rule

A

requires that a conspiracy have more parties than are necessary to complete the crime (drug deal situation)

31
Q

If defense of arrest is allowed to prevent a criminal from escaping?

A

Yes

32
Q

Voluntary manslaughter

A

malice aforethought BUT mitigation circumstances (heat of passion)

33
Q

• If you have consent to enter a house, but your entering exceeds that consent, then is that a breaking?

A

Yes

ex: consent to enter for emergencies, but you enter to steal

34
Q

For felony murder does the felony need to be independent of the murder?

A

Yes, so if you commit battery and the victim dies that can’t be felony murder

35
Q

Do you need to complete the felony for felony murder?

A

No an attempt to commit an intended felony is enough

36
Q

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?.

A

Yes, unless the intruder is exiting

37
Q

Two assault situations

A

fear of harm or a failed attempt to commit battery when a substantial step was taken

38
Q

Is solicitation for a battery that never happens assault?

A

Yes

39
Q

Is there larceny, when it is the taking of real property items and the act of severance occurs immediately before carrying away the items?

A

Yes

Ex: The act of harvesting fruit constitutes the severance of real, rather than personal property.

40
Q

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?

A

Yes

41
Q

Type of intent for battery

A

general intent

42
Q

Can criminal negligence lead to a battery charge?

A

Yes

43
Q

Criminal negligence

A

a gross deviation from the standard of care of a reasonable person in the same situation

44
Q

Does any felony qualify for felony murder?

A

No, must commit an inherently dangerous felony (think BARRK)

Bar Review (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions