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2022 MBE > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

Difference between murder and manslaughter

A

Murder: involves some degree of intent/knowing

Manslaughter: no knowledge component

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2
Q

Types of murder

A
  1. 1st degree murder (intent to kill)
  2. 2nd degree murder (intent to seriously harm)
  3. Felony murder
  4. Depraved heart murder
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3
Q

Elements of 1st degree murder (intent to kill)

A
  1. premeditated

2. specific intent to kill

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4
Q

Elements of 2nd degree murder (serious bodily harm)

A
  1. intent to inflict serious bodily harm
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5
Q

Elements of felony-murder

A

Accidental death that occurs during the commission or attempted commission of a dangerous felony (BARRK)

  1. Burglary
  2. Arson
  3. Rape
  4. Robbery
  5. Kidnapping
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6
Q

Elements of depraved heart murder

A

Reckless disregard for human life

Reckless = know or should’ve known death could occur but did it anyway

If there are people present = reckless

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7
Q

Types of manslaughter

A

Voluntary manslaughter

Involuntary manslaughter

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8
Q

Elements of voluntary manslaughter

A
  1. Adequate provocation
  2. Heat of passion
  3. No time to cool off
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9
Q

Imperfect murder hypo:

Someone who is defending with excessive force but honestly believes it’s necessary is guilty of what?

A

Voluntary manslaughter

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10
Q

Elements of involuntary manslaughter

A

Negligent conduct causing death

Negligent = no knowledge component

No people present = negligent

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11
Q

If a parent is neglectful by wanting to punish child which directly causes the child’s death, what are they guilty of?

A

Involuntary manslaughter

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12
Q

What are the specific intent crimes?

A

1st FRE BALLSAC

1st degree murder
False pretenses
Robbery
Embezzlement
Burglary
Assault
Larceny
Larceny by trick
Solicitation
Attempt
Conspiracy
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13
Q

Elements of false pretenses

A
  1. D obtains title
  2. to the property of another
  3. by intentional/knowing false statement
  4. with the intent to defraud

ex: money exchanging hands
2 way transaction

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14
Q

Elements of robbery

A
  1. Trespassory taking
  2. and carrying away
  3. of someone else’s property
  4. by force, intimidation, or fear

D must use force OR V must feel fear
If no force and no fear =/= robbery

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15
Q

Elements of embezzlement

A
  1. fraudulent
  2. conversion
  3. by someone in lawful possession
  4. of the property of another
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16
Q

Elements of burglary

A
  1. Breaking
  2. and entering
  3. of the dwelling of another
  4. at night
  5. with intent to commit a felony inside (intent at time of break in)
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17
Q

Elements of assault

A

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)

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18
Q

Elements of larceny

A
  1. Trespassory taking
  2. and carrying away
  3. of the property of another
  4. with intent to permanently deprive
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19
Q

Elements of solicitation

A
  1. encouraging another to commit a crime
  2. with the intent that the crime be committed

cannot withdrawal
merges into completed crime

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20
Q

Elements of attempt

A
  1. intent to commit a crime
  2. Maj. = substantial step; CL: dangerously close

merges into completed crime

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21
Q

Elements of conspiracy

A
  1. 2 or more people
  2. who agree to commit a crime

MPC: only 1 person need to intend to commit the crime
does not merge into completed crime

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22
Q

Elements of larceny by trick

A
  1. taking possession
  2. of another person’s property
  3. by false statement

1 way transaction

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23
Q

Elements for accomplice liability

A
  1. must have the specific intent that the principal commit the target offense
  2. 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
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24
Q

What are the general intent crimes?

A

Baby BARK:

Battery
Arson
Rape
Kidnapping

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25
Q

Battery elements

A
  1. unlawful application of force to another

2. resulting in bodily injury or offensive touching

26
Q

Arson elements

A
  1. malicious burning
  2. 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

27
Q

Elements of rape

A
  1. unlawful sexual intercourse
  2. without consent
  3. by use of force or threat
28
Q

Kidnapping elements

A
  1. unlawful confinement or restraint

2. that involves moving or hiding the victim

29
Q

Insanity defenses

A

[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

30
Q

Burden of proof for insanity defenses

A

D must prove by clear and convincing evidence

31
Q

Types of intoxication defenses

A

Involuntary intoxication: defense to all crimes, treated the same as insanity

Voluntary intoxication: defense to specific intent crimes (1st FRE BALSAC)

32
Q

Defenses of mistake

A

Mistake of fact and mistake of law

33
Q

Mistake of fact defenses

A

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

34
Q

Mistake of law defense

A

Never of a defense even if reasonable

35
Q

Types of defenses of impossibility

A

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

36
Q

Defense of entrapment

A

When law enforcement starts/initiates activity and D is not predisposed to commit a crime

37
Q

Defense of duress

A
  1. reasonable belief
  2. of imminent bodily harm
  3. if they didn’t do the crime

NEVER a defense for homicide

38
Q

Self defense/defense of others

A
  1. reasonable belief
  2. of imminent danger or bodily harm

can only apply the same level of force applied to you

39
Q

Defense of property

A

can only use reasonable force

40
Q

Defense of necessity

A
  1. reasonable belief
  2. that criminal conduct was necessary to prevent greater harm
  3. not at fault for creating the situation
41
Q

When encountering a criminal law question, what is the 1st thing you should think of?

A

Mens rea/the D’s state of mind

42
Q

Homicide

A

Killing with malice aforethought

malice aforethought = malice or recklessness

43
Q

Conviction of minors?

A

General rule: minors 14+ can be charged and convicted of crimes

44
Q

Withdrawal from conspiracy

A

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.)

45
Q

Forgery

A

CL:

  1. the making or altering
  2. of a false instrument
  3. with an intent to defraud
46
Q

Difference between forgery and false pretenses

A

Forgery: the instrument itself is false

False pretenses: the statement used is false, instrument is fine

47
Q

Difference between larceny by trick and false pretenses?

A

Larceny by trick:
1 way transaction, no title obtained just possession

False pretenses:
2 way transaction, title is obtained

48
Q

Exclusionary Rule

A

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

  1. Standing: if D doesn’t have standing
  2. Impeachment
  3. Inevitable: if discovery was inevitable
  4. Civil: in civil proceedings
  5. Knock: if knock and announce rule was violated
49
Q

4th Amendment: can cops use aerial surveillance?

A

Yes, but only using equipment available to the general public

50
Q

Valid search incident to lawful arrest parameters:

A

limited to:

  1. D’s wingspan or
  2. if in car, the passenger area of car
51
Q

4th A: When is there a valid search incident to lawful arrest

A
  1. D is arrested AND
  2. search is directly related to the arrest OR
  3. if trying to preserve evidence, OR
  4. to protect officer safety
52
Q

Stop and frisk

A

STOP: Can stop without probable cause for arrest IF
1. reasonable and articulable suspicion that criminal activity is afoot

FRISK: Can frisk IF:

  1. reasonable belief suspect is armed and dangerous
  2. limited to pat down of outer clothing
  3. can reach in to grab something out of pocket IF based on plain feel, the officer believes it is a weapon or contraband
53
Q

Exceptions to 4th amendment

A
  1. Exigent circumstances: believes D is destroying evidence
  2. Hot pursuit
  3. Plain view
54
Q

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?

A

No, must have search warrant unless an exception applies (exigent circumstances, hot pursuit, plain view)

55
Q

What must a D have to assert 4th amendment claim

A

Standing = ownership or possessory interest in the premises searched or items seized

56
Q

Automobile exception to search warrant

A

Can search car w/o a warrant IF:

  1. probable cause to justify stop
  2. can search entire car including closed containers
57
Q

When does Miranda apply?

A
  1. D must be in custody

2. D must be interrogated

58
Q

When is a confession admissible?

A

If it is voluntary (must be knowing and intelligent)

59
Q

Once Miranda given can police ask questions about a different crime?

A

No, Miranda is not crime specific

60
Q

When does right to counsel apply?

A

any post-indictment phase as long as it’s not waived

Crime-specific: only applies to the crime charged

61
Q

What is the exception to double jeopardy

A

if D consent to separate trials for the separate charges

62
Q

Right to jury trial number of jurors allowed under 6th and 14th amendments

A

can have 6 person jury but must be unanimous

2022 MBE (18 decks)

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