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Cards I've Updated > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Who are the parties that can be liable in criminal actions?

A
  1. Principal
  2. Accomplice
  3. Accessory after the fact
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2
Q

An accomplice is a person who

A
  • aids or abets (i.e., assists or encourages) a principal prior to or during the commission of a crime with
  • the specific intent that the crime be committed.

However, mere knowledge that another person intends to commit a crime is not enough to make a person an accomplice.

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3
Q

What is an accomplice actually liable for?

A

Any crimes that are the natural and probable consequence of the accomplices conduct.

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4
Q

What is required for an accomplice to withdraw?

A
  1. Repudiate the prior aid;
  2. Do all that is possible to countermand prior assistance; AND
  3. do so before the chain of events is set in motion and unstoppable
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5
Q

What is an accessory after the fact?

A

A person who aids a felon to avoid apprehension after the felony is committed. To be guilty the
person must know the felony was committed.

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6
Q

What is actus rea?

A

The criminal act

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7
Q

What is mens rea?

A

The mental state requirement of the crime.

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8
Q

What is the M’Naghten Rule?

A

The defendant is not guilty if, because of a mental disease or defect, the defendant did not know either

(i) the nature and quality of the act, or
(ii) the wrongfulness of the act.

(Did not know right from wrong)

*The phrase “nature or quality” refers to the physical nature and quality of the act, rather than the moral quality. It covers the situation where the defendant does not know what he is physically doing.

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9
Q

What is the Irresistible Impulse Test?

A

The defendant is not guilty if a mental disease or defect prevented him from being and to conform his behavior.

(inability to conform conduct to the law)

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10
Q

What is the Durham Rule?

A

The defendant is not guilty if the crime would not have been committed but for the mental disease or defect.

(“but for” test)

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11
Q

What is the Model Penal Code Test?

A

The defendant is not guilty if a mental disease or defect either prevents the defendant from knowing the wrongfulness of the conduct or prevents the defendant from being able to conform his conduct to the law.

(combines M’Naghten and irresistible impulse)

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12
Q

What are the two types of intoxication?

A
  1. ) Voluntary
  2. ) Involuntary
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13
Q

What is Voluntary Intoxication?

A

Involves the voluntary ingestion of an intoxicating substance.

It is a DEFENSE TO SPECIFIC INTENT CRIMES if the intoxication prevents the formation of the required intent.

Not a defense to crimes involving malice, recklessness or negligence, or for strict liability crimes.

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14
Q

What is involuntary Intoxication?

A

Unknowingly or forced to ingest an intoxicating substance.

A defense to both general and specific intent crimes, as well as malice crimes when the intoxication serves to negate an element of the crime.

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15
Q

Homicide

A

The killing of a living human being by another human being.

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16
Q

What is Actual Causation regarding homicide?

A

The victim would not have died but for the defendant’s act

When there are multiple causes, the defendant’s act must be a substantial factor in causing death.

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17
Q

What is proximate causation when it comes to homicide?

A

If it is foreseeable that the defendant’s actions would cause the victims actions

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18
Q

Under Proximate causation, what is an “Intervening Cause?”

A

Actions by a third-party that occur between the defendant’s conduct and the victim’s injury.

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19
Q

Under Proximate causation, what is a “superseding Cause?

A

Actions by a third party will relieve the defendant of liability if they are unforeseeable.

Negligence is generally foreseeable. (the doctor negligently treating the victim)

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20
Q

Common Law Murder

A

The unlawful killing of a human being committed with malice aforethought.

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21
Q

What mental states does malice aforethought include?

A
  1. ) Intent to Kill
  2. ) Intent to inflict serious bodily injury
  3. ) Reckless indifference to an unjustifiably high risk to human life ( depraved heart)
  4. ) Intent to commit certain felonies (felony murder)
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22
Q

What is the Felony Murder Rule?

A

The unintended and foreseeable killing proximately caused by and during the commission, or attempted commission, of an inherently dangerous felony.

*Under the felony murder rule, the intent required for a felony murder conviction is the underlying intent to commit the felony. So even if a gun goes off accidentally and the defendant had no intent to kill the victim, they are still liable for felony murder.

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23
Q

What are the traditional crimes that fall under the felony murder rule?

A

Burglary, Arson, Robbery, Rape, and Kidnapping.

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24
Q

What are the defenses to the felony murder rule?

A

If the death was unforeseeable, the FMR will not apply.

Point of safety: if felony is complete and the defendant has reached a place of safety, the FMR will not apply.

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25
Q

Deaths During Felonies Caused by People Other than Defendant:

A

Agency theory (Majority): A defendant is only responsible for crimes committed by himself or his “agents” (co-felons). If a police officer, victim, or someone else does something that kills another person, the defendant isn’t liable for that death.

Proximate cause theory (Minority): The defendant is responsible for deaths caused by any person (e.g., cofelon, police, bystander)

Defendant is not liable for a co-felon’s death by a victim or police officer.

26
Q

Is a defendant liable for the death of a co-felon?

A
27
Q

On the exam, use Common Law murder unless….?

A

Use common law murder unless the prompt tells you that the jurisdiction uses first and second degree murder.

28
Q

What are the two elements of First-Degree murder?

A

Premeditated and deliberate.

29
Q

When is a murder premeditated?

A

A murder is premeditated if the defendant had enough time to plan and reflect on the idea of the killing. The amount of time needed for premeditation may be brief, a mere second of reflection is sufficient.

30
Q

What is the “Deliberate” aspect of First degree murder?

A

The defendant made the decision to kill in a cool and dispassionate manner

31
Q

What is second-degree murder?

A

Homocide committed with the:

  1. ) Intent to kill
  2. ) The intent to do great bodily injury; OR
  3. ) Depraved-heart murder
32
Q

Second degree murder is the statutory version of what?

A

Common law murder

33
Q

First degree murder can be mitigated down to what?

A

Voluntary manslaughter

34
Q

What is voluntary manslaughter?

A
  1. Intentional killing of a person with adequate provocation.
    a. It was a provocation that would arouse sudden and intense passion in the mind of an ordinary person, causing him to lose self-control; AND
    b. There was not sufficient time between the provocation and the killing for passions of a reasonable person to cool off.

2. Imperfect defense

Many states reduce murder to voluntary manslaughter if D started the altercation or unreasonably believed in the necessity of using deadly force

35
Q

What is Involuntary Manslaughter?

A

Involuntary manslaughter is an unintentional homicide committed with criminal negligence OR during an unlawful act.

36
Q

Criminal negligence and Unlaw Act

A

Criminal Negligence: Grossly negligent action (or inaction when there is a duty to act) that puts another person at a significant risk of serious injury or death.

Unlawful Act: Something like assault or battery

37
Q

Battery

A
  1. unlawful
  2. application of force
  3. to another person
  4. that causes bodily harm to that person, or constitutes an offensive touching
38
Q

Assault

A
  1. An attempt to commit a battery, or
  2. Intentionally placing another in apprehension of imminent bodily harm.

*attempt is taking a substantial step towards the commission of a crime, with the intent to commit that crime. Thus, soliciting someone to beat up someone else is assault.

39
Q

False imprisonment

A
  1. Unlawful;
  2. Confinement of a person;
  3. Without consent.
40
Q

Larceny

A
  1. trespassory taking (without consent)
  2. and carrying away
  3. of the personal property of another,
  4. with the specific intent to permanently deprive the owner of the property

*intent must exist at the time of the taking

continuing trespass rule: A trespass is deemed to be continuing when the defendant does not possess the necessary intent at the time of the taking, but later develops the intent to permanently deprive the owner of the personal property. However, the initial taking of the personal property must have been wrongful.

41
Q

Larceny by trick

A
  1. Larceny;
  2. Accomplished by fraud or deceit;
  3. That results in the conversion of the property of another.
42
Q

False Pretense

A

(1) obtain title,
(2) to personal property of another,
(3) through an intentional false statement of material fact,
(4) with intent to defraud.

43
Q

Embezzlement

A

(1) fraudulent or wrongful,
(2) conversion,
(3) of personal property of another,
(4) by a person with lawful possession of the property.

− Intent to permanently deprive the lawful owner of the property is required.

44
Q

Forgery

A
  1. Making;
  2. Of a false writing;
  3. With apparent legal significance; and
  4. With the intent to defraud.
45
Q

Extortion

A
  1. The taking of money or property from another by threat.
  • Making the threat (not obtaining the property) is the essence of the crime (majority view)
  • 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
46
Q

Receipt of stolen property

A
  1. Receiving control of stolen property;
  2. Knowledge that the property is stolen; and
  3. Intent to permanently deprive the owner of the property.
47
Q

Burglary

A
  1. breaking and
  2. entering
  3. of the dwelling
  4. of another
  5. at nighttime
  6. with the specific intent to commit a felony therein.
48
Q

Arson

A
  1. Malicious;
  2. Burning;
  3. Of the dwelling;
  4. Of another
49
Q

Rape

A
  1. Unlawful;
  2. Sexual intercourse;
  3. With a female;
  4. Against her will by force or threat of immediate force.

(Most modern statutes are gender-neutral and have replaced the force requirement with lack of consent.); the required intent is negated if D reasonably believes that the victim’s lack of resistance indicates consent

50
Q

Robbery

A
  1. A larceny
  2. from the victim or in his presence
  3. by force or intimidation
51
Q

Kidnapping

A
  1. unlawful
  2. confinement of a person
  3. against that person’s will
  4. coupled with either the
    1. movement or
    2. concealment of that person.
52
Q

Possession offenses

A

(1) Defendant exercises dominion and control over a prohibited object or substance

*D is not required to be aware that possession of the object is illegal

Duration of Dominion and Control—must be for a period long enough to have provided D with an opportunity to cease such dominion and control

53
Q

What are the three Inchoate categories?

A
  1. ) Conspiracy
  2. ) Attempt
  3. ) Solicitation
54
Q

Conspiracy

A
  1. An agreement;
  2. Between two or more people
  3. To intentionally commit an unlawful act.

Overt Act: Modern Conspiracy statues require a 4th element: the performance of an overt act in furtherance of the conspiract.

Unilateral and bilateral conspiracy:

Common law requires two people agree to commit conspiracy (defendant can’t be guilty if the other person is an undercover agent).

Modern trend/MPC: only the defendant must agree.

55
Q

What is a co-conspirator liable for?

A

A co-conspirator is liable for the conspiracy and all the crimes of a co-conspirator committed in furtherance of the conspiracy. (Pinkerton Rule)

56
Q

Withdrawal from Conspiracy

A

Common law: impossible to withdrawal.

Majorty rule: can only withdrawal BEFORE the overt act by (1) by communicating intentions to withdrawal to all other conspirators, or (2) informing the police.

MPC (minority rule): can withdrawal AFTER the overt act by (1) helping to thwart the success of a conspiracy (note: notifying the police can help thwart it).

When withdrawal is not possible: Defendant can limit liability for future/substantive crimes by (1) informing the other conspirators of withdrawal or (2) timely advising legal authorities.

57
Q

Attempt

A
  1. The specific intent to commit a crime, and
  2. A substantial step toward the commission of the crime (beyond mere preparation)
58
Q

Abandonment Defense for Attempt:

A

Not a defense after completion of substantial step

59
Q

Solicitation

A

(1) enticing, encouraging, requesting, or commanding of another person to commit a crime
(2) with the intent that the other person commit the crime.

60
Q

Merger of Crimes

A

Attempt and solicitation merge into the completed crime. No merger for conspiracy – separate crime.

  • Can be charged with attempted battery or battery - not both.

Lesser crimes merge into greater crimes:

  • Can be convicted of assault or robbery - not both.
  • Can be convicted of robbery or felony murder - not both.
61
Q

Defenses:

A
  1. Mistake of Fact (Defense if it negates the mental state required for the crime
  2. Mistake of Law (generally not a defense)
  3. Self-Defense
  4. Defense of others
  5. Defense of property
  6. Arrest
  7. Duress
    1. A third party’s unlawful threat that causes D to reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and that causes D to do so
  8. Necessity (force of nature caused crime)
  9. Consent
  10. Entrapment
    1. Crime is induced by government official, and D was not predisposed to commit the crime.

*

Cards I've Updated (17 decks)

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