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Criminal Law Flashcards

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1
Q

Specific intent crimes

A

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

{all 3 inchoate offenses}
Solicitation
Conspiracy
Attempt
{2 crimes against the person}
First degree premeditated murder
Assault
{5 property crimes}
Larceny
Embezzlement 
False pretenses
Robbery
Burglary
{forgery - standalone} 
Forgery
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2
Q

malice

A

reckless disregard of an obvious or high risk that the particular harmful risk will occur

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3
Q

purposely

A

conscious object is to engage in particular conduct or cause a particular result
(subjective standard)

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4
Q

knowingly

A

(1) awareness that conduct is of a particular nature or will cause a particular result
(2) awareness of circumstances where particular actions may result in particular results, but refusal to learn the truth
(subjective standard)

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5
Q

recklessly

A

conscious disregard of a substantial and unjustifiable risk (subjective and objective standards)

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6
Q

negligently

A

failure to be aware of a substantial and unjustifiable risk (objective standard)

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7
Q

transferred intent (applicable crimes)

A

homicide
battery
arson

NOT attempt

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8
Q

transferred intent (applicable crimes)

A

homicide
battery
arson

NOT attempt

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9
Q

accomplice (definition)

A

one who aids, advises, or encourages (AAE) the principal in the commission of the crime charged

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10
Q

accessory after the fact (definition)

A

assist principal escape capture or punishment with knowledge the principal committed a felony

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11
Q

accomplice liability (mental state)

A

Substantive crime requires purpose or knowledge:

(1) intent to assist the principal in commission of the crime, AND
(2) intent that the principal commit the substantive offense

Substantive crime requires recklessness or negligence

(1) intent to facilitate the commission of the crime, AND
(2) acted with recklessness or negligence

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12
Q

common law malice requirements

A

(1) intent to kill (1st degree)
(2) intent to cause great bodily injury (2d degree)
(3) reckless indifference for an unjustifiably high risk to human life (depraved heart; 2d degree)
(4) intent to commit a felony and death results (felony murder; 1st degree)

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13
Q

agency theory

A

majority view on felony murder: a death must be caused by a felon or their agent to qualify as felony murder

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14
Q

proximate cause theory (homicide)

A

minority view on felony murder: any death of an innocent victim caused by felon, co-felon, or someone else will qualify for felony murder

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15
Q

imperfect self defense

A

Action:

(1) D started the altercation, or
(2) D unreasonably but honestly believed in the need to use deadly force

Effect:
reduce 2d degree murder to voluntary manslaughter

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16
Q

adequate provocation

A

Required for reducing murder to vol. manslaughter

Elements:

(1) provocation would arouse sudden and intense passion in an ordinary person (objective)
(2) provocation did arouse such passion in D (subjective)
(3) insufficient time for an ordinary person to cool after provocation (objective)
(4) D did not cool off (subjective)

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17
Q

battery

A

(general intent)

(1) unlawful application of force
(2) to the person of another
(3) resulting in bodily injury OR offensive touching

18
Q

aggravated battery

A

(1) battery (unlawful application of force on the person of another resulting in bodily harm or offensive touching), AND
(a) with a deadly weapon, OR
(b) serious bodily harm results, OR
(c) against a child, woman, or police officer

19
Q

assault

A

TWO TYPES:

(1) attempt to commit a battery (specific intent required), OR
(2) intentional creation of a reasonable apprehension of imminent bodily harm (subjective)

20
Q

aggravated assault

A

(1) Assault (attempted battery OR intentional creation of a reasonable apprehension of imminent bodily harm), AND
(a) use of a deadly weapon, OR
(b) with intent to rape, maim, or murder

21
Q

false imprisonment

A

(1) unlawful confinement of a person (must substantially interfere with person’s liberty)
(2) without valid consent (vitiated by coercion, threats, deception, or incapacity)

22
Q

kidnapping

A

(1) unlawful confinement of another, AND
(a) some movement of the victim, OR
(b) concealment of the victim in a secret place

23
Q

aggravated kidnapping

A

(1) kidnapping (unlawful confinement of another AND some movement of the victim OR concealment of the victim), AND
(a) for ransom, OR
(b) for the purpose of committing other crimes, OR
(c) for offensive purposes, OR
(d) child stealing

24
Q

sexual assault

A

(1) forcible intercourse (slightest penetration)
(2) without effective consent (vitiated by actual force, threats of great bodily injury, incapacity, or fraudulent claims that the act is not intercourse (other types of fraud okay))

25
Q

statutory rape

A

carnal knowledge of a person under the age of consent

Strict liability

mistake as to age generally is not a defense

26
Q

larceny

A

(1) taking
(2) and carrying away
(3) of tangible personal property
(4) of another with possession
(5) by trespass
(6) with intent to permanently deprive

27
Q

continuing trespass doctrine

A

if a person takes wrongful possession without the intent to permanently deprive, there is no larceny.
but if the person later develops the intent to permanently deprive, it is a “continuing trespass” and becomes larceny.

28
Q

embezzlement

A

(1) fraudulent (intent to defraud)
(2) conversion
(3) of personal property
(4) of another
(5) by one in lawful possession of the property

29
Q

false pretenses

A

(1) obtaining title (ownership)
(2) of personal property of another
(3) by intentional false statement (deceit by or reliance on misrepresentation)
(4) with intent to defraud

–> victim intended to pass ownership to suspect

30
Q

larceny by trick

A

(1) obtaining custody/possession (not ownership)
(2) of property of another
(3) by intentional false statement (deceit by or reliance on misrepresentation)
(4) with intent to defraud

–> victim intended to give suspect possession or custody, not ownership

31
Q

robbery

A

(1) a taking
(2) of personal property
(3) from another’s person or presence (broadly construed)
(4) by force or threat of imminent death or bodily harm (to victim, family, or someone in vicinity) –> force/threat must compel the taking
(5) with intent to permanently deprive

32
Q

extortion

A

MPC (blackmail): obtaining property by threat to do harm or expose information (threat need not be in presence of victim, which differs from robbery)

Common law (color of office): corrupt collection of unlawful fee by officer under color of office

33
Q

receipt of stolen property

A

(1) receiving possession and control (manual possession is not required)
(2) of stolen property (must be stolen at the time of possession)
(3) known to have been obtained in a manner constituting a criminal offense
(4) by another person
(5) with intent to permanently deprive

34
Q

forgery

A

(1) making or altering
(2) a writing with apparent legal significance
(3) so that it is false (not merely containing a misrepresentation)
(4) with intent to defraud (specific intent)

35
Q

burglary

A

(1) breaking (actual opening exterior/interior door/window, or by fraud or force)
(2) entering (any part of the body crosses inside)
(3) dwelling (or structure)
(4) of another
(5) at night (not necessarily under modern statutes)
(6) with intent to commit a felony (or misdemeanor) therein (intent must exist at time of breaking and entry)

36
Q

arson

A

(1) malicious (intentional or with reckless disregard to an obvious risk)
(2) burning (charring; scorching insufficient)
(3) of a dwelling
(4) of another

37
Q

M’Naghten Rule

A

insanity defense; “right vs. wrong test”

(1) disease of the mind
(2) caused a defect
(3) D at the time of acting:
(a) did not know the wrongfulness of his actions, OR
(b) did not understand the nature and quality of his actions

38
Q

Irresistible impulse test

A

insanity defense; “self-control test”

because of mental illness, D was unable to control actions or conform conduct to the law

39
Q

Durham test

A

insanity defense; “products test”

crime was product of mental illness (but for mental illness, crime would not have been committed)

40
Q

ALI / MPC test

A

insanity defense

(1) as a result of mental disease or defect, D lacked capacity to
(a) appreciate the criminality of his conduct, OR
(b) conform conduct to the requirements of the law

Bar Prep (4 decks)

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