Criminal Law Flashcards
CL Murder
The unlawful killing of a human being w/ malice aforethought.
The ∆’s act must proximately cause the V’s death.
Malice
Malice aforethought exists where the ∆ has any of the following states of mind:
(1) intent to kill;
(2) intent to commit great bodily harm;
(3) reckless indifference to an unjustifiably high risk to human life, or
(4) intent to commit a felony.
First Degree Murder
FDM is gen defined by statute as a murder committed w/ premed and deliberation. If the ∆ made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing, even if only for a brief period, its FDM.
Defense: Voluntary Intox
Vol intox is the self induced intentional taking of a substance known to be intoxicating w/o duress. Vol intox evidence may serve to negate specific intent, except when ∆takes substance to build courage to commit the crime.
Insanity Defense: M’Naghten
An accused is entitled to an acquittal if the proof establishes that a disease of the mind caused a defect of reason such that the ∆ lacked the ability at the time of his actions to either know the wrongfulness of his actions or understand the nature and quality of his actions.
Insanity Defense: Irresistible Impulse
Because of a mental illness, ∆was unable to control their actions or conform their conduct to the law.
Insanity Defense: Durham
Crime was product of their mental disease or defect.
Insanity Defense: MPC
Mental defect and lacked substantial capacity to either appreciate the criminality of their conduct or conform their conduct to the law.
Self Defense
To act in SD, the ∆ must:
(1) be w/o fault;
(2) be confronted w/ unlawful force; and
(3) reas believe that he is threatened w/ imminent death or great bodily harm.
Imperfect Self Defense
When ∆ was at fault in starting the altercation for which he used SD, or when the ∆unreas, but honestly, believed in the necessity of responding w/ deadly force, the murder may be reduced to manslaughter.
Voluntary Manslaughter
Vol mans is the intentional killing of another with adequate provocation. The provocation mb sufficient to arouse the sudden and intense passion in the mind of an ordinary person such that he would lose any self control. Addtlly, the person must in fact be provoked, and there must not be suff time for the person to cool off. If the ∆did in fact cool off, killing will not be reduced to vol mans.
Assault
Assault is either an attempt to commit a battery or the intent to place another in reas app of imminent injury. Aggravated assault if deadly weapon involved
Battery
Battery is the intentional or reckless causing of a bodily injury or an offensive touching to another. Agg battery if deadly weapon used.
Kidnapping
Kidnapping is the unlawful confinement of another, involving movement or concealment in a secret place. Agg if for ransom, to commit another crime or children taken
Involuntary Manslaughter
Invol mans can arise in 2 ways:
(1) when a person’s behavior is grossly neg and the conduct results in death. Gross neg is the disregard of a very subst danger or serious bodily harm or death;
(2) when ∆ commits a misD and death occurs.
Larceny
Larceny is the tres taking and carrying away of personal prop of another w/ intent to perm deprive.
Trick occurs when ∆ tricks victim and obtains possession through fraud/deceit.
∆ does not have lawful possession, embezzlement has lawful possession.
Embezzlement
Embezzlement is fraud conversion of personal prop of another by one who is already in lawful possession of that prop.
∆has lawful possession, larceny doesnt have lawful possession.
False Pretenses
False pretenses occurs when the ∆ knowingly makes a false rep of a past/present material fact, which causes person to whom it was made to convey title to the misrepresenter who intends to defraud.
Robbery
Robbery is a larceny through force or threat of injury.
Force mb used either to gain possession of the prop or retain possession immediately after possession has been accomplished.
Burglary
Burglary is a breaking and entering of the dwelling of another at night w/ intent to commit a felony therein. Modern, most jdx include any type of structure and any time of day.
Solicitation
Solicitation occurs when one reqs or encourages another to commit a crime w/ intent that the person solicited does commit the crime, regardless of why they agree to do so.
Conspiracy
Conspiracy is an agt between 2 or more persons who intend to commit an unlawful act or a lawful act by unlawful means. At CL, req’d bilateral agt, modern allows unilateral.
No express agt is req’d; it may be inferred from the joint activity of the parties.
Traditionally, if the crime was completed then conspiracy merged w/ the target offense, and the ∆ couldn’t be convicted of both the conspiracy and the target offense. However, modernly, they can be convicted of both the conspiracy and the crime they committed pursuant to the conspiracy.
Attempt
Act that, although done w/ the intent of committing a crime, falls short of completing the crime. An attempt consists of two elements: (1) specific intent to commit the target offense; and (2) an overt act in furtherance of that intent.
Specific intent means that the ∆must have the intent to perf an act and obtain a result that, if achieved, would const a crim.
Accomplice
One who aids, abets, assists, or encourages the carrying out of a crime and is present physically or constructively.
