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Bar > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Sources of legal duty to act (under which an omission can be penalized)

A

1) Statute
2) Contract
3) Relationship
4) Voluntary assumption of care
5) Defendant created the peril

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2
Q

Specific Intent Crimes (+ def)

A 
def = intent to engage in proscribed conduct 
Students can always fake a laugh, even for ridiculous bar facts
Solicitation
Conspiracy
Attempt
First degree murder 
Assault 
Larceny
Embezzlement
False pretenses
Robbery
Burglary
Forgery
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3
Q

General Intent Crimes + def

A 
= defendant aware of all factors constituting the crime, jury can infer from the act itself 
Battery
Rape
Kidnapping
False imprisonment
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4
Q

Malice Crimes + definition

A

def = reckless disregard of an obvious or high risk that harmful result will occur

Arson
Common Law Murder (includes felony murder; malice is implied from intent to commit felony)

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5
Q

Strict Liability Crimes

A

Statutory Rape

Selling liquor to minors

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6
Q

Transferred Intent Crimes

A

Homicide
Battery
Arson

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7
Q

Accomplice liability

A

1) intent to assist principal in commission of a crime
2) intent that the principal commit the offense
NOTE: If mens rea is reckless/negligence: 1) intent to facilitate crime + 2) acted with recklessness/negligence

3) aid/encourage principal

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8
Q

Accomplice liability - withdrawal

A
  • Before the crime becomes unstoppable
  • Repudiate any encouragement
  • Attempt to neutralize assistance
  • Notify police
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9
Q

Conspiracy

A

1) agreement between 2+ persons
2) intent to enter into agreement
3) intent to achieve objective of agreement
–>CL bilateral intent: 2+ people must intend to achieve
–>Modern unilateral intent: 1 person must intend to achieve
[4) an overt act]

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10
Q

Conspiracy - Withdrawal

A

Generally, NOT a defense
For crimes committed in furtherance of the conspiracy: if perform an affirmative act that notifies all members of withdrawal, neutralize assistance

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11
Q

Solicitation

A

Asking, inciting, counseling, advising, urging, commanding another to commit a crime
With intent that the person commit the crime

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12
Q

Solicitation - Withdrawal

A

MPC only: renunciation can be a defense if defendant prevents commission of the crime

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13
Q

Attempt

A

1) specific intent to commit a crime
2) an overt act in furtherance of the crime
- ->traditional: dangerously close; modern: substantial step

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14
Q

Attempt - Withdrawal

A

Common law: not a defense

MPC: abandonment is a defense if fully voluntary and complete

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15
Q

Common law murder

A

Unlawful killing with malice aforethought
Malice aforethought exists if defendant has:
1. Intent to kill
2. Intent to inflict great bodily injury
3. Reckless indifference to an unjustifiably high risk to human life/depraved heart
4. Intent to commit a felony

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16
Q

First degree murder

A
  1. Deliberate and premeditated murder (with reflection)

2. First degree felony murder (BARRK - burglary, arson, rape, robbery, kidnap)

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17
Q

Second degree murder

A
  1. Depraved heart murders

2. Lesser felony murders

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18
Q

Felony Murder - liability for deaths

A
  • NL if co-felon is killed as a result of resistance from victim/police
  • Proximate cause theory: felons liable for deaths of victims caused by someone other than a co-felon
  • Agency theory: felons liable for killings by felons or agents
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19
Q

Voluntary manslaughter

A

a killing that occurred because of adequate provocation (would arouse sudden and intense passion in a reasonable person, defendant was provoked, insufficient cooling off time to a RP, did not cool off)

20
Q

Imperfect self-defense

A

Reduces a murder charge to manslaughter even though 1) defendant was at fault in starting the altercation or 2) defendant unreasonably but honestly believed in the necessity of deadly force

21
Q

Involuntary Manslaughter

A

a killing with criminal negligence OR recklessness (depends on the state)
a killing during the commission of an unlawful act (unenumerated misdemeanor/felony)

22
Q

Causation-Homicide

A

A defendant must be cause-in-fact + proximate cause of death

  • Cause in fact: but-for cause
  • Proximate cause: death was the natural and probable consequence of conduct
  • -> an intervening act can shield the defendant from liability if the act is a mere coincidence or is outside the foreseeable sphere of risk created by the defendant’s act
23
Q

Battery

A

Unlawful force

Resulting in bodily injury/offensive touching

24
Q

Assault

A

Attempt to commit a battery OR
Intentional creation–other than by mere words–of a reasonable apprehension in the mind of the victim of imminent bodily harm

25
False imprisonment
Unlawful confinement of a person (MPC: confinement must "interfere substantially" with person's liberty) Without the person's valid consent
26
Kidnapping
Unlawful confinement that involves 1) movement of the victims OR 2) concealment of the victim
27
Larceny
``` a taking and carrying away of tangible personal property of another by trespass (i.e. without consent) with intent to permanently deprive of interest in property ```
28
Embezzlement
``` fraudulent conversion of personal property of another by a person in lawful possession of that property ```
29
False pretenses
obtaining title to personal property of another by an intentional false statement of a past/existing fact with intent to defraud the other
30
larceny by trick
taking and carrying away of tangible personal property by consent induced by misrepresentation with intent to permanently deprive
31
False pretenses vs. larceny by trick
False pretenses -- victim gives up title | Larceny by trick -- victim gives up custody
32
Robbery
a taking of personal property of another from the other's person or presence (broadly drawn) by force or threats of imminent death/physical injury with the intent to permanently deprive them of it
33
Embezzlement vs. larceny vs. robbery
Embezzlement -- defendant misappropriates property in their rightful possession Larceny -- defendant misappropriates property NOT in possession Robbery -- defendant uses force/threats to obtain property
34
Extortion
CL: corrupt collection of an unlawful fee by an officer Modern: obtaining property by means of threats to do harm or expose information
35
Receiving stolen property
receiving possession and control of stolen personal property (*stolen at the time received) known to have been obtained in a manner constituting a criminal offense by another person with the intent to permanently deprive the owner of their interest
36
forgery
making or altering a writing with apparent legal significance so that it is false with intent to defraud
37
burglary
``` a breaking and entry [of a dwelling] of another [at nighttime] with the intent to commit a felony ```
38
Arson
a malicious burning [of the dwelling] of another
39
Insanity tests
M'Naughten rule: 1) disease of the mind 2) caused a defect of reason 3) defendant lacked ability at time of actions to know wrongfulness Irresistible impulse: because of mental illness, unable to control actions/conform to law Durham test: if crime was a product of mental illness MPC test: if, due to mental defect, lacked substantial capacity to 1) appreciate criminality of conduct or 2) conform conduct to law
40
when can a failure to act give rise to liability?
- legal duty to act - defendant has knowledge of the facts giving rise to the duty - it is reasonably possible to perform the duty
41
Purposely - MPC def
A person's conscious object is to engage in conduct/cause a result
42
Knowingly - MPC def
a person is aware their conduct is of a particular nature/circumstances exist; or deliberately avoid knowing the truth
43
Recklessly - MPC def
consciously disregard a substantial and unjustifiable risk (subjective); this disregard is a gross deviation from the standard of care of a reasonable person (objective)
44
Negligently - MPC def
fail to be aware of a substantial and unjustifiable risk, where this is a substantial deviation from the standard of care (objective standard only)
45
mistake as a defense
- mistake of fact: a reasonable state of mind negates all mens rea, except strict liability - mistake of law: not a defense, unless statute wasn't made available, reasonably rely on a statute/judge

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