Criminal Law Flashcards
What crimes does the Felony Murder Rule apply to?
The “inherently dangerous felony” BARRK Crimes –> Burglary, Arson, Robbery, Rape, Kidnapping
What is the “agency theory” or majority position for felony murder?
D is not liable for a bystander’s death caused by a felony victim or a police officer
What is the proximate cause theory or minority position for felony murder?
D is liable for bystander’s death because it is a direct consequence of the felony
Define: Voluntary manslaughter
Homicide committed with malice aforethought, or murder with certain mitigating circumstances (heat of passion, imperfect self-defense)
Define: Involuntary manslaughter
An unintentional homicide coupled with criminal negligence or during an unlawful act
Define: Larceny
Trespassory taking and carrying away of the personal property of another with the specific intent to permanently deprive the owner of the property
Define: Larceny by trick
Larceny accomplished by fraud or deceit that results in the conversion of the property of another
Define: Forgery
The making of a false writing with apparent legal significance and with the intent to defraud
Define: Embezzlement
The fraudulent conversion of the property of another by a person who is in lawful possession of the property
Define: False Pretenses
Obtaining title to the property of another person through the reliance of that person on a known false representation of a material past or present fact with the intent to defraud
Define: Robbery
Larceny from the person or presence of the victim by force or intimidation
Define: Extortion
The taking of money or property from another by threat.
Making the threat is the essence of the crime. The threat need not be of immediate harm or of a physical nature. The property need not be on the victim or in his presence.
Define: Burglary
Breaking and entering into the dwelling of another at night with the intent to commit a felony therein.
Define: Arson
The malicious burning of the dwelling of another
What crimes are specific-intent crimes?
FIAT –> First degree murder, inchoate offenses, assault with intent to commit battery, theft offenses
What crimes are considered malice crimes?
AM –> Arson and common law murder
Define: Depraved Heart Murder
A killing resulting from reckless indifference to an unjustifiably high risk to human life
Define: Criminal Negligence
Grossly negligent action that puts another person at a significant risk of serious bodily injury or death. Requires more than ordinary tort negligence, but less than depraved-heart murder.
When can a defendant claim the duress defense?
When a third party’s unlawful threat causes the defendant to reasonably believe the only way to avoid death or serious bodily injury to himself or another is to violate the law, and the defendant violates the law
Define: Felony Murder
Unintended and foreseeable killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony (most common: BARRK— burglary, arson, robbery, rape, and kidnapping)
Define: Battery
The unlawful application of force to another person that causes bodily harm to that person or constitutes an offensive touching
Define: Assault
An attempt to commit battery OR
Intentionally placing another in apprehension of imminent bodily harm
Define: Kidnapping
Unlawful confinement of a person
Against their will
Coupled with either the movement or hiding of that person
Define: False imprisonment
Unlawful confinement of a person without consent
Define: Rape
Unlawful sexual intercourse with a female against her will by force or threat of immediate force
Define: Solicitation
Enticing, encouraging, requesting or commanding another person
To commit a crime
With the intent that the other person commits the crime
Define: Conspiracy
An agreement
Between two or more persons
To accomplish an unlawful purpose
With the intent to accomplish that purpose
Define: Attempt
A substantial step toward commission of crime (beyond mere preparation) with the specific intent to commit the crime
Define: Murder
The unlawful killing of another living human being with malice aforethought
What is malice aforethought?
- Intent to kill
- Intent to do serious bodily injury
- Reckless indifference to human life
- Intent to commit a felony
What is heat of passion?
Murder committed in response to a situation that could inflame a reasonable person
Not a defense, reduces murder down to voluntary manslaughter
What statutory crime is common law murder equivalent to?
Second-degree murder
