Criminal Law Flashcards
Malice Aforethought
Requires (1) intent to kill (express malice); (2) intent to inflict great bodily injury; (3) reckless indifference to an unjustifiably high risk to human life; (4) intent to commit a felony.
Voluntary Manslaughter
A killing committed under adequate provocation.
Specific Intent Crimes
Students Can Always fake a laugh, even for ridiculous bar facts
Solicitation, Conspiracy, Attempt, First degree pre-meditated murder, Assault, Larceny, Embezzlement, False Pretenses, Robbery, Burglary, Forgery.
Unreasonable Mistake of Fact or Voluntary Intoxication are defenses.
Defenses only available for Specific Intent Crimes
- Voluntary Intoxication;
2. Unreasonable mistake of fact
First Degree vs. Second Degree Murder
Murder is 2nd degree unless premeditation and deliberation can be shown (or if it falls under felony murder).
Agency Theory of Felony Murder
The killing must have been caused by the defendant or someone acting as the defendant’s agent (accomplice). A killing by police would not result in defendant’s liability under agency theory.
M’Naghten Rule
Insanity test requires a defect in reasoning, such that defendant lacked ability to know wrongfulness of actions or understand the nature and quality of his actions.
Involuntary Manslaughter
- A death resulting from criminally negligent behavior (unintended killing caused by negligence); or
- Death that results from a misdemeanor; OR commission of an unenumerated felony (i.e. not inherently dangerous BARRK felony).
No INTENT is required.
Accomplice
One who (1) has the intent to assist the principal and the intent that the principal commit the substantive offense; and (2) actually aids, counsels, or encourages the principal before or during the commission of the crime.
Conviction for ATTEMPT
Prosecution must establish that defendant had (1) specific intent to commit the target crime; AND (2) an act beyond mere preparation in furtherance of that intent.
Accessory After the fact
One who receives, relieves, comforts, or assists another, knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction. Crime must have been committed by the principal at the time the aid was rendered.
Inherently Dangerous Felonies (for felony murder)
Burglary Arson Rape Robbery Kidnapping
Attempt
Requires:
- Specific intent to commit the target offense; AND
- Substantial step
Reckless
A person acts recklessly when he consciously disregards a substantial or unjustifiable risk that a prohibited result will follow and this disregard constitutes a gross deviation from the standard of reasonable care.
Conspiracy
Common law Conspiracy:
- Requires 2 or more persons;
- intent to enter into agreement;
- intent to achieve objective of that agreement
Defense to Common Law Conspiracy: No defense to conspiracy charge but may relieve from subsequent crimes if (1) affirmative act to notify all members of intent; AND (2) done timely so that they have opportunity to withdraw.
If told to use model penal code: can withdraw but must attempt to thwart or actually thwart the crime (call the police).
Arson
Modern (MPC): malicious burning of any structure or dwelling / charring is sufficient (mere blackening is not sufficient).
If told to follow common law: malicious burning of dwelling house of another
Malice
Acting with reckless disregard of an obvious risk
Forgery
(1) creating or altering (2) of a false instrument with (3) the intent to defraud.
Automobile Exception
If police have probable cause to believe that automobile contains contraband or evidence of a crime, they may search wherever they suspect those items may be located without a warrant, including closed containers and the TRUNK.
Automobile search Incident to Arrest
If police make a valid arrest, they may search the area within the immediate control of the arrestee (wingspan), in order to find evidence for the offense for which the person was arrested for, or to preserve evidence, or to protect officer safety, including the entire passenger area of the car but NOT THE TRUNK.
Stop & Frisk Doctrine
Police can stop a person without probable cause for arrest if they have a reasonable and articulable suspicion that criminal activity is afoot;
AND if the officer reasonably believes that the suspect is armed and dangerous, she may conduct a protective frisk (pat down of outer layer for weapons, but if reasonably believes, based on plain feel, that the item is weapon or contraband, may extract it).
Standing
D must show that he had ownership or possessory interest in premises searched or items seized (reasonable expectation of privacy).
5th Amendment Right to Counsel
No person shall be compelled to be a witness against himself.
5th Amendment right to counsel is prior to being charged - and once invoked, covers any offense.
6th Amendment right to counsel
Defendant’s right to counsel (is in stone) at any post-indictment interrogation, unless defendant knowingly and intelligently waives the right.
Offense specific - only applies to the crime you’ve been charged with.
If D doesn’t knowingly waive right, can still use any statement made by D to impeach him.
Affirmative Defenses
Burden placed on defendant is okay (e.g. mental disease or defect).
Double Jeopardy
Attaches when there are (1) convictions; (2) acquittals; and (3) evidence of prosecutorial misconduct.
Deadly Force
Deadly force can be used in self defense if person:
1) is without fault;
2) confronted with unlawful force; and
3) reasonably believes that he is threatened with imminent death or great bodily harm.
Generally no defense for aggressor, but can be if victim escalates minor fight into major one and does not give aggressor chance to withdraw or retreat.
