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2022 PA Bar > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

Pinkerton rule

A

Conspirator liable for any foreseeable crimes committed by a coconspirator acting in furtherance of the conspiracy.

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2
Q

Justifications for criminal acts?

A

Necessity
Self-defense
Defense of others
Defense of property
Law enforcement
Resisting arrest

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3
Q

Defense of necessity

A
  1. Reasonable belief that necessary
  2. No reasonable legal alternative
  3. Harm caused < harm avoided
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4
Q

Defense of self-defense

A
  1. Actual and reasonable belief of imminent harm
  2. Reasonable force
  3. Not initial aggressor
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5
Q

Defense of Defense of Others

A
  1. Actual and reasonable belief of imminent harm
  2. Reasonable force used to protect victim
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6
Q

Defense of property

A
  1. Reasonable necessary to prevent imminent and unlawful interference
  2. Nondeadly force used
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7
Q

Defense for Law Enforcement

A
  1. Prevent imminent crime
  2. Lawful arrest, OR
  3. Prevent escape from custody
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8
Q

Larceny

A
  1. Trespassory
  2. Taking and carrying away
  3. with specific intent
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9
Q

Robbery

A
  1. Larceny
  2. From victim
  3. With force or intimidation
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10
Q

Criminal assault

A
  1. attempt to commit battery, or
  2. Place another in reasonable apprehension of imminent harmful contact
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11
Q

Conspiracy (minority / CL)

A

Bilateral approach

  1. Two or more persons to accomplish an unlawful purpose
  2. Specific intent to accomplish that purpose
  3. No overt act
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12
Q

Conspiracy (majority / MPC)

A

Unilateral

  1. At least one person
  2. Specific intent
  3. Overt act
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13
Q

Attempts

A
  1. Specific intent
  2. Overt act in furtherance of crime
  3. Did not complete

Factual impossibility not a defense

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14
Q

Specific intent crimes?

A

FIAT

First degree murder
Inchoate crimes
Assault
Theft

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15
Q

Aggressor use of self-defense?

A
  1. Aggressor’s nondeadly force met with deadly OR
  2. GF withdrawal from altercation and communicated that fact to victim
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16
Q

Corporate criminality?

A
  1. Fail to discharge specific legal duty
  2. Board or high ranking officer authorizes or recklessly tolerates offensive act; OR
  3. statute
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17
Q

Mistake of fact (CL)

A
  1. Negates criminal intent
  2. Reasonable if general intent; unreasonable if specific
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18
Q

Mistake of fact (MPC)

A

Negates required state of mind for material element of offense

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19
Q

Mistake of law

A

Only if

  1. Reliance on official interpretation
  2. Statute not reasonably made available OR
  3. negates criminal intent
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20
Q

When can a state prosecute extraterritorial crimes?

A
  1. An attempt toward the home state
  2. Conspiracy toward the home state,
  3. Conduct in home state to commit crime in foreign state; OR
  4. Failure to perform duty outside state required by state
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21
Q

Accomplice mental state (Maj/MPC)

A

Purposeful promotion or facilitation

22
Q

Accomplice mental state (Minority)

A

Intentional or knowing aid

23
Q

Accomplice liability (Minority/CL)

A

Only if principal previously convicted

24
Q

Accomplice liability (Majority)

A

Liable even if principal not tried

25
Q

Accessory after the fact liability

A
  1. Know that felony was committed
  2. Act to aid
  3. For purpose of helping felon

This is a separate crime.

26
Q

Misprision

A

CL misdemeanor for failure to report on hiding of known felon

  1. Full knowledge that principal committed felony
  2. Fail to notify authorities
  3. Affirmative step to conceal crime
27
Q

Insanity test - M’Naghten (PA)

A

Did not know (1) nature and quality of the act or (2) wrongfulness of the act

28
Q

Insanity: irresistible impulse

A

Lacked capacity for self-control and free choice because of a mental disease or defect that prevented conformity with the law.

29
Q

Insanity test: Durham rule

A

“But for” test

30
Q

Insanity: MPC

A

No substantial capacity at the time of conduct to appreciate wrongfulness of the act or conform conduct to the law.

31
Q

Criminal liability for children

A
  1. Incapable under 7; 7 to 14 rebuttable presumption of incapability (CL)
  2. Usually statutory and 11 to 14 now (modern)
32
Q

Common law murder

A

Unlawful killing of another with malice aforethought

33
Q

Felony murder crimes

A

BARRK

Burglary
Arson
Rape
Robbery
Kidnapping

34
Q

Felony murder liability for bystanders?

A

Depends on whether agency theory (majority) or proximate theory (minority) jx

35
Q

Voluntary manslaughter

A

Malice aforethought but mitigating circumstances (e.g, heat of passion)

36
Q

heat of passion mitigation

A

Mitigates murder to voluntary manslaughter.

  1. Adequate provocation - serious battery, threat of deadly force, discovering adultery
  2. No cooling off
  3. causation
37
Q

involuntary manslaughter

A
  1. Homicide with Criminal negligence (CL) or recklessness (MPC) OR
  2. Homicide while engaged in unlawful act: misdemeanor manslaughter or during commission of felony
  3. Causation
38
Q

Larceny by trick

A

Takes possession (conversion), not title

39
Q

Larceny by false pretenses

A
  1. obtaining title to property (inc. money)
  2. through false representation
  3. relied on by another
  4. with intent to defraud
40
Q

Forgery

A
  1. Making a false writing
  2. with apparent legal signicicant
  3. and the intent to defraud
41
Q

Embezzlement

A
  1. Fraudulent
  2. Conversion
  3. of the property
  4. of another
  5. by a person who is in lawful possession of the property
42
Q

Extortion

A

At common law, unlawful taking of money by government

Now, taking money or property from another by threat (need not be immediate)

43
Q

Burglary

A
  1. Breaking and entering
  2. of a dwelling (modern broader)
  3. of another
  4. at night (modern at any time)
  5. with the intent to commit a felony therein
44
Q

Arson

A
  1. Malicious
  2. burning
  3. of the dwelling
  4. of another
45
Q

Receiving stolen goods

A
  1. Receiving stolen property
  2. knowingly
  3. and intending to permanently deprive owner
46
Q

Criminal battery

A
  1. Unlawful
  2. application of force
  3. to another person
  4. that causes bodily harm or constitutes offensive touching
  5. with intent or criminal negligence
47
Q

Kidnapping

A
  1. Unlawful
  2. confinement
  3. against will
  4. with moving or hiding of that person
48
Q

Rape

A
  1. Unlawful sexual intercourse
  2. with a female (CL)
  3. by force or threat of immediate force
  4. with the intent to have sex without consent
49
Q

Solicitation

A
  1. Soliciting another
  2. to commit a crime
  3. intentionally
50
Q

Withdrawal from conspiracy

A
  1. If before (but not after) an overt act, only if communicating intent not to participate to coconspirators or notifying police (majority)
  2. Under MPC and CL, onyl if “thwart the success” of the conspiracy
51
Q

Entrapment defense

A

Subjective approach (Federal and majority)

  1. crime induced by gov
  2. defendant not predisposed to commit it

Objective (minority):

  1. Government encouraged
  2. created susbtantial risk it would be committed

2022 PA Bar (19 decks)

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