Criminal Law Flashcards
Difference between murder and manslaughter
Murder: involves some degree of intent/knowing
Manslaughter: no knowledge component
Types of murder
- 1st degree murder (intent to kill)
- 2nd degree murder (intent to seriously harm)
- Felony murder
- Depraved heart murder
Elements of 1st degree murder (intent to kill)
- premeditated
2. specific intent to kill
Elements of 2nd degree murder (serious bodily harm)
- intent to inflict serious bodily harm
Elements of felony-murder
Accidental death that occurs during the commission or attempted commission of a dangerous felony (BARRK)
- Burglary
- Arson
- Rape
- Robbery
- Kidnapping
Elements of depraved heart murder
Reckless disregard for human life
Reckless = know or should’ve known death could occur but did it anyway
If there are people present = reckless
Types of manslaughter
Voluntary manslaughter
Involuntary manslaughter
Elements of voluntary manslaughter
- Adequate provocation
- Heat of passion
- No time to cool off
Imperfect murder hypo:
Someone who is defending with excessive force but honestly believes it’s necessary is guilty of what?
Voluntary manslaughter
Elements of involuntary manslaughter
Negligent conduct causing death
Negligent = no knowledge component
No people present = negligent
If a parent is neglectful by wanting to punish child which directly causes the child’s death, what are they guilty of?
Involuntary manslaughter
What are the specific intent crimes?
1st FRE BALLSAC
1st degree murder False pretenses Robbery Embezzlement Burglary Assault Larceny Larceny by trick Solicitation Attempt Conspiracy
Elements of false pretenses
- D obtains title
- to the property of another
- by intentional/knowing false statement
- with the intent to defraud
ex: money exchanging hands
2 way transaction
Elements of robbery
- Trespassory taking
- and carrying away
- of someone else’s property
- by force, intimidation, or fear
D must use force OR V must feel fear
If no force and no fear =/= robbery
Elements of embezzlement
- fraudulent
- conversion
- by someone in lawful possession
- of the property of another
Elements of burglary
- Breaking
- and entering
- of the dwelling of another
- at night
- with intent to commit a felony inside (intent at time of break in)
Elements of assault
Majority: an attempted battery
Minority: intentional creation of reasonable apprehension in the victim of imminent bodily harm (more than words)
(battery = unlawful application of force resulting in bodily injury or offensive touching)
Elements of larceny
- Trespassory taking
- and carrying away
- of the property of another
- with intent to permanently deprive
Elements of solicitation
- encouraging another to commit a crime
- with the intent that the crime be committed
cannot withdrawal
merges into completed crime
Elements of attempt
- intent to commit a crime
- Maj. = substantial step; CL: dangerously close
merges into completed crime
Elements of conspiracy
- 2 or more people
- who agree to commit a crime
MPC: only 1 person need to intend to commit the crime
does not merge into completed crime
Elements of larceny by trick
- taking possession
- of another person’s property
- by false statement
1 way transaction
Elements for accomplice liability
- must have the specific intent that the principal commit the target offense
- must have encouraged or assisted the principal in committing the offense
liable for “all crimes committed that she aids or encourages” and “all natural and probable results”
EXCEPTION: members of the class protected by the statute that has been violated are exempt from liability
What are the general intent crimes?
Baby BARK:
Battery
Arson
Rape
Kidnapping
Battery elements
- unlawful application of force to another
2. resulting in bodily injury or offensive touching
Arson elements
- malicious burning
- of the dwelling of another
malicious = reckless, knew or should have known that the dwelling could be burned down
Charring = arson Blackening = attempted arson
CL: must be s dwelling
Modern courts: could be any building
Elements of rape
- unlawful sexual intercourse
- without consent
- by use of force or threat
Kidnapping elements
- unlawful confinement or restraint
2. that involves moving or hiding the victim
Insanity defenses
[Maj.] M’Naghten test: (1) mental disease, (2) can’t appreciate the nature of her actions, (3) doesn’t understand the wrongfulness of her actions
MPC test: lacks substantial capacity to appreciate the criminal conduct
Burden of proof for insanity defenses
D must prove by clear and convincing evidence
Types of intoxication defenses
Involuntary intoxication: defense to all crimes, treated the same as insanity
Voluntary intoxication: defense to specific intent crimes (1st FRE BALSAC)
Defenses of mistake
Mistake of fact and mistake of law
Mistake of fact defenses
For general intent crimes: only a defense if it is a reasonable MoF
For specific intent crimes: valid as long as honest mistake (lower bar)
For strict liability: no defense
Mistake of law defense
Never of a defense even if reasonable
Types of defenses of impossibility
Legal impossibility: always a defense because elements were not met
ex: girl at a bar says she under age, but is actually over age, not statutory rape
Factual impossibility: never a defense
ex: girl at a bar says she’s of age, but actually underage
Defense of entrapment
When law enforcement starts/initiates activity and D is not predisposed to commit a crime
Defense of duress
- reasonable belief
- of imminent bodily harm
- if they didn’t do the crime
NEVER a defense for homicide
Self defense/defense of others
- reasonable belief
- of imminent danger or bodily harm
can only apply the same level of force applied to you
Defense of property
can only use reasonable force
Defense of necessity
- reasonable belief
- that criminal conduct was necessary to prevent greater harm
- not at fault for creating the situation
When encountering a criminal law question, what is the 1st thing you should think of?
Mens rea/the D’s state of mind
Homicide
Killing with malice aforethought
malice aforethought = malice or recklessness
Conviction of minors?
General rule: minors 14+ can be charged and convicted of crimes
Withdrawal from conspiracy
CL: NOT a defense to conspiracy
Can withdrawal from subsequent crimes IF:
(1) D takes affirmative act to notify all members of the conspiracy of their intent to withdrawal AND
(2) notification is timely so other can withdrawal too
Modern: IS a defense to conspiracy
to withdrawal must thwart or attempt the crime (call the cops, etc.)
Forgery
CL:
- the making or altering
- of a false instrument
- with an intent to defraud
Difference between forgery and false pretenses
Forgery: the instrument itself is false
False pretenses: the statement used is false, instrument is fine
Difference between larceny by trick and false pretenses?
Larceny by trick:
1 way transaction, no title obtained just possession
False pretenses:
2 way transaction, title is obtained
Exclusionary Rule
Evidence obtained in violation of the 4th amendment (search & seizure) then the evidence must be excluded from prosecution’s case in chief
Does NOT apply to grand jury proceedings (determining probable cause for trial not guilt)
EXCEPTIONS: SIICK
- Standing: if D doesn’t have standing
- Impeachment
- Inevitable: if discovery was inevitable
- Civil: in civil proceedings
- Knock: if knock and announce rule was violated
4th Amendment: can cops use aerial surveillance?
Yes, but only using equipment available to the general public
Valid search incident to lawful arrest parameters:
limited to:
- D’s wingspan or
- if in car, the passenger area of car
4th A: When is there a valid search incident to lawful arrest
- D is arrested AND
- search is directly related to the arrest OR
- if trying to preserve evidence, OR
- to protect officer safety
Stop and frisk
STOP: Can stop without probable cause for arrest IF
1. reasonable and articulable suspicion that criminal activity is afoot
FRISK: Can frisk IF:
- reasonable belief suspect is armed and dangerous
- limited to pat down of outer clothing
- can reach in to grab something out of pocket IF based on plain feel, the officer believes it is a weapon or contraband
Exceptions to 4th amendment
- Exigent circumstances: believes D is destroying evidence
- Hot pursuit
- Plain view
Can cops search a 3rd party’s house if they have an arrest warrant for D and were tipped off that D might be there?
No, must have search warrant unless an exception applies (exigent circumstances, hot pursuit, plain view)
What must a D have to assert 4th amendment claim
Standing = ownership or possessory interest in the premises searched or items seized
Automobile exception to search warrant
Can search car w/o a warrant IF:
- probable cause to justify stop
- can search entire car including closed containers
When does Miranda apply?
- D must be in custody
2. D must be interrogated
When is a confession admissible?
If it is voluntary (must be knowing and intelligent)
Once Miranda given can police ask questions about a different crime?
No, Miranda is not crime specific
When does right to counsel apply?
any post-indictment phase as long as it’s not waived
Crime-specific: only applies to the crime charged
What is the exception to double jeopardy
if D consent to separate trials for the separate charges
Right to jury trial number of jurors allowed under 6th and 14th amendments
can have 6 person jury but must be unanimous
