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MEE > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Required components of a crime

A
  • Act (actus reus)
  • State of mind (mens rea)
  • Causation of the unlawful result
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2
Q

Mens rea standards

A
  • Specific intent: intent to accomplish a particular result (e.g., to permanently deprive)
  • General intent: intent to perform the unlawful act
  • Malice: reckless disregard of the high probability of harm
  • Strict liability: no state of mind required; act alone will suffice
  • Transferred intent: intent to harm one victim can transfer to unintended victim (or unintended crime)
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3
Q

Accomplice definition and liability

A
  • One who acts with the requisite mens rea to aid the principal before or during commission of the crime
  • Liability: planned and foreseeable crimes
    • Principal need not be convicted
  • Defense: withdrawal
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4
Q

Accessory

A
  • One who acts with intent to assist the principal to avoid apprehension after a felony is complete
  • Liability: is for a separate crime (e.g., obstruction of justice) but not the principal’s crime
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5
Q

Merger (criminal law)

A

Lesser included/inchoate crimes “merge” into more severe/completed crimes. Cannot be convicted of both inchoate and completed crime

  • Includes solicitation, attempt
  • Does not include conspiracy
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6
Q

Solicitation

A

To invite or urge another to commit a crime with the intent that the party do so. No return agreement is required.

Defense: renunciation if D prevents the commission of a crime

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7
Q

Withdrawal (conspiracy)

A
  • Common law: cannot withdraw, because crime is committed the moment agreement is made
  • MPC:
    • Before an overt act: communicate intention to withdraw with co-conspirators OR inform law enforcement
    • After overt act: help thwart success of conspiracy
  • Even if D cannot withdraw, he may limit his liability for substantive crimes by informing other conspirators of withdrawal or timely advising legal authorities
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8
Q

Attempt

A

Specific intent to commit a crime + completion of a substantial step

Defense: legal impossibility; no specific intent

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9
Q

Conspiracy

A
  • Elements:
    • Agreement (express or implied) between two or more persons
      • MPC: unilateral conspiracy will suffice
    • Intent to achieve unlawful purpose
    • Overt act in furtherance of the crime
  • Defense: withdrawal
  • Liability: for any foreseeable crimes committed in furtherance of the conspiracy
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10
Q

Relationships with co-conspirators

A
  • Chain conspiracy:
    • Co-conspirators are engaged in an enterprise of many steps
    • Each participant is liable for the substantive crimes of his co-conspirators
    • e.g., drug distribution (everyone knows that there is a manufacturer, distributor, dealer)
  • Hub and spoke:
    • Involves many people dealing with a central hub
    • Participants are not liable for the substantive crimes of their co-conspirators because each spoke is treated as a separate agreement rather than one larger general agreement
    • e.g., A pawn shop operates as a “fence” to sell stolen goods; each robber is responsible for conspiracy to sell stolen property, but not for the goods from other robbers.
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11
Q

Homicide

A

The killing of a living human being by another

  • Murder: unlawful killing with malice
    • First-degree murder: deliberate, pre-meditated (specific intent)
    • Second-degree/Common law: with malice (intent to kill, do serious bodily injury, or with reckless indifference to human life
    • Felony murder: death that occurs during the commission or attempted commission of a violent felony
  • Manslaughter: unlawful killing without malice
    • Voluntary: intentional killing resulting from adequate provocation
    • Involuntary: unintentional killing caused by recklessness
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12
Q

Malice

A
  1. Intent to kill
  2. Intent to do serious bodily harm
  3. Reckless indifference to human life (depraved heart)
  4. Intent to commit a violent (BARRK) felony
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13
Q

Heat of passion

A
  • Would provoke reasonable person and with no chance to cool off
  • Provocation must cause fatal act; imperfect self-defense qualifies to mitigate murder to voluntary manslaughter
    • Hearing about a spouse’s affair usually won’t suffice, but walking in will
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14
Q

Felony murder

A
  • An unintended but foreseeable death caused by and occurring during the course of a dangerous or enumerated felony
    • Dangerous felonies (BARRK)
      • Burglary
      • Arson
      • Rape
      • Robbery
      • Kidnapping
    • Enumerated felony: one set out in state statute
    • Note: death occurring during a felony other than a felony qualifying for FMR may be classified as second-degree murder or misdemeanor manslaughter
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15
Q

Felony murder liability

A
  • D will be liable for deaths of
    • Someone who resists the felony
    • Bystanders killed during felony
    • Third person killed by resister or police officers (minority rule)
  • D will not be liable for deaths of
    • Co-felons killed by resister or police officers
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16
Q

Defenses to felony murder

A
  • Defense to underlying felony
  • Felony was not independent of killing (e.g., aggravated battery)
  • Death was not foreseeable (no proximate cause)
  • Death occurred after the felony was complete and D reached a point of safety
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17
Q

Battery

A
  • Unlawful application of force
  • To another
  • That causes harmful or offensive touching
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18
Q

Assault

A
  • Attempted battery,

OR

  • Intentionally placing one
  • In apprehension of
  • Imminent bodily harm
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19
Q

False imprisonment

A
  • Unlawful confinement of another
  • Without consent
  • By force or threat
20
Q

Kidnapping

A
  • Unlawful confinement of another
  • Without consent
  • By force or threat
    • moving or hiding the victim
21
Q

Larceny

A
  • Trespassory
  • Taking and carrying away the
  • Personal property of another
  • With the intent to permanently deprive
22
Q

Robbery

A
  • Larceny
  • From another’s person or presency
  • By force or intimidation
23
Q

Burglary

A
  • Common law:
    • Breaking and entering
    • The dwelling of another
    • At night
    • With specific intent to commit a felony therein
  • Modern rule:
    • Breaking and entering
    • The property of another
    • With specific intent to commit a felony therein
24
Q

Breaking

A
  • May involve
    • Pushing a door open
    • Smashing a door or window
    • Obtaining entry by fraud
25
Q

Entering

A

Breaking the plane of the property

26
Q

A dwelling

A

A structure regularly lived in

27
Q

Specific intent crimes (common law)

A

“FIAT”

  • First-degree murder
  • Inchoate crimes
  • Assault with attempt to commit a battery
  • Theft (i.e., crimes against property)
28
Q

Embezzlement

A
  • Fraudulent
  • Conversion
  • Of the property of another
  • By one who has lawful possession
29
Q

False pretenses

A
  • Obtaining title
  • To property of another
  • By fraud or deception
30
Q

Larceny by trick

A
  • Larceny
  • By fraud or deception
  • Resulting in the conversion of another’s property
31
Q

False pretenses vs. larceny by trick

A

In both, owner gives property to D

  • Larceny by trick: D uses a trick to get possession
    • e.g. asking to borrow
  • False pretenses: gets title by misrepresentation of a past/present fact
    • e.g., lying about what something is worth
32
Q

Forgery

A
  • Making of
  • False writing
  • With apparent legal significance
  • With intent to defraud
33
Q

Arson

A
  • Common law:
    • Malicious
    • Burning of
    • The dwelling
    • Of another
  • Modern rule:
    • Malicious
    • Burning of
    • A structure
34
Q

Burning (arson)

A
  • Common law:
    • Actual burning of structure itself (not interior contents)
    • Smoke, explosion will not suffice
  • Modern rule:
    • No damage to structure required
    • Explosion will suffice
35
Q

Perjury

A
  • Willfully
  • Making false statement
  • Of a material matter
  • After promise to tell the truth
36
Q

Receiving stolen goods

A
  • Receiving control of
  • Stolen property
  • With knowledge goods were stolen upon receipt
  • With intent to permanently deprive
37
Q

General defenses

A
  • State of mind defenses (negate mens rea)
    • Mistake of fact/law
    • Insanity
    • Intoxication
  • Self-defense
  • Defense of others
  • Defense of property
  • Duress
  • Necessity
  • Entrapment
38
Q

Mistake of law/fact (criminal defense)

A
  • Mistake of fact:
    • Honest and reasonable: negates specific intent and general intent
    • Honest but unreasonable: negates specific intent
  • Mistake of law:
    • Generally not a defense unless mistaken about an element that negates intent (e.g., crime requires knowledge
39
Q

Insanity (criminal defense)

A
  • D must have a serious mental disease or defect +
    • M’Naughten: D could not appreciate the wrongful nature of his actions
    • Irresistable impulse: mental defect kept D from controlling his conduct
    • Durham: unlawful act would not have been committed but for the mental defect
    • MPC: D lacked substantial capacity to appreciate wrongful nature OR conform his conduct to requirements of law (combo of M’Naughten and irresistable impulse)

Note: D has the burden of raising defense, and must prove each element by preponderance of evidence

40
Q

Intoxication (criminal defense)

A
  • Voluntary: applies to negate specific intent only
    • MPC: negates purposely/knowingly
    • Will not negate specific intent if D became intoxicated in order to commit the crime
  • Involuntary: will negate general intent, specific intent, or malice
41
Q

Self defense

A

A victim can use reasonable force to prevent imminent unlawful harm/force.

  • Non-deadly force (NDF): not likely to cause death or serious bodily injury
    • May be used to repel NDF
  • Deadly force (DF): can be used when reasonably necessary to prevent death or serious injury, or to prevent a serious felony involving a risk to human life
  • Retreat: not if using NDF; minority requires if using DF if safe to do
42
Q

Defense of others

A

One has the right to defend a victim to the extent the victim possesses the right to defend himself

43
Q

Defense of property

A
  • May use NDF if reasonably necessary to protect property;
  • DF may be used only to prevent a forcible felony, arson, burglary, or robbery
44
Q

Duress

A

Threat of death or serious bodily injury forced D to commit crime (but not murder)

45
Q

Necessity

A

Natural forces not caused by D forced D to commit crime

MEE (11 decks)

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