Criminal Law Flashcards
1
Q
Required components of a crime
A
- Act (actus reus)
- State of mind (mens rea)
- Causation of the unlawful result
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)
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
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
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
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
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
8
Q
Attempt
A
Specific intent to commit a crime + completion of a substantial step
Defense: legal impossibility; no specific intent
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
- Agreement (express or implied) between two or more persons
- Defense: withdrawal
- Liability: for any foreseeable crimes committed in furtherance of the conspiracy
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.
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
12
Q
Malice
A
- Intent to kill
- Intent to do serious bodily harm
- Reckless indifference to human life (depraved heart)
- Intent to commit a violent (BARRK) felony
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
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
-
Dangerous felonies (BARRK)
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
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
17
Q
Battery
A
- Unlawful application of force
- To another
- That causes harmful or offensive touching
18
Q
Assault
A
- Attempted battery,
OR
- Intentionally placing one
- In apprehension of
- Imminent bodily harm
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
Entering
Breaking the plane of the property
26
A dwelling
A structure regularly lived in
27
Specific intent crimes (common law)
“FIAT”
* First-degree murder
* Inchoate crimes
* Assault with attempt to commit a battery
* Theft (i.e., crimes against property)
28
Embezzlement
* Fraudulent
* Conversion
* Of the property of another
* By one who has lawful possession
29
False pretenses
* Obtaining title
* To property of another
* By fraud or deception
30
Larceny by trick
* Larceny
* By fraud or deception
* Resulting in the conversion of another's property
31
False pretenses vs. larceny by trick
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
Forgery
* Making of
* False writing
* With apparent legal significance
* With intent to defraud
33
Arson
* **Common law**:
* Malicious
* Burning of
* The dwelling
* Of another
* **Modern rule**:
* Malicious
* Burning of
* A structure
34
Burning (arson)
* **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
Perjury
* Willfully
* Making false statement
* Of a material matter
* After promise to tell the truth
36
Receiving stolen goods
* Receiving control of
* Stolen property
* With knowledge goods were stolen upon receipt
* With intent to permanently deprive
37
General defenses
* 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
Mistake of law/fact (criminal defense)
* **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
Insanity (criminal defense)
* **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
Intoxication (criminal defense)
* **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
Self defense
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
Defense of others
One has the right to defend a victim to the extent the victim possesses the right to defend himself
43
Defense of property
* May use **NDF** if reasonably necessary to protect property;
* **DF** may be used only to prevent a forcible felony, arson, burglary, or robbery
44
Duress
Threat of death or serious bodily injury forced D to commit crime (but not murder)
45
Necessity
Natural forces not caused by D forced D to commit crime
