Criminal Law Flashcards
1
Q
when does a state have jurisdiction in a criminal case
A
- crimes that occured in state
- crimes that caused a result in stat
- attempt or conspiracy out of state plus and act in state
- attempt or conspiracy in state to commit act outside of state
2
Q
what is merger and does it exists in criminal law
A
when conduct results in a misdemeanor and a felony, the misdemeanor offense merges with a felony
the modern rule: NO, except for solicitation
common law: yes
3
Q
essential acts of a crime
A
physical act (actus reus) mental state (mens rea) concurrence of the two
4
Q
what is req for actus reas
A
voluntary act (act is a bodily movement)
5
Q
when can omission constitute an act
A
legal duty to act
possible to perform duty
D. has knowledge of facts giving rise to the duty to act
6
Q
five situations a duty to act arises
A
statute relationship contract undertaking of care D created peril
7
Q
what is specific intent
A
acting with specific intention or objective
8
Q
specific intent crimes
A
solicitation conspircay attempt first degree murder Larceny Assault Embezzlement forgery Robbery Burgulary Fraud
9
Q
malice
A
reckless disregard for an obvious or high risk that a harmful result will occur
10
Q
analysis of mental state classifications
A
purposefully: conscious object
their is to engage in certain conduct or cause a certain result
knowingly: when they are aware that their conduct
is of a particular nature or that certain circumstances
exist.
recklessly: consciously disregard
a substantial and unjustifiable risk
criminal negligence
11
Q
transferred intent
A
The defendant can be liable under the doctrine of transferred
intent when they intend the harm that is actually caused,
but to a different victim or object.
12
Q
accomplice liability
A
any principal can be guilty of crime
principal engages in act, accomplice aids, advises, encourages the principal
13
Q
intent req of an accomplice
A
intent to assist principal
intent for principal to commit a crime
14
Q
scope of accomplice liability
A
any crimes counseled and any crime commited during course of crime that was reasonable and forseeable
15
Q
can you withdraw from being an accomplice
A
yes but must
repudiate
neutralise any assitance given (notifying the police sufficient with repudiation)
16
Q
inchoate crimes
A
crimes not actually completed
conspiracy
attempt
solicitation
17
Q
conspiracy
A
agreement (1) an between two or more people 2. intent to enter into the agreement; (3)intent to achieve the objective an by at least two persons of the agreement.
18
Q
does intent to enter agreement in conspiracy need to be express
A
no, can be implied from conduct
19
Q
can you commit conspircay with a police officer
A
yes, only one party needs to intent to commit a crime
20
Q
wharton rule
A
when more than one person needed to commit a crime, no conspiracy unlessmore parties participate than needed; takes three to conspire
21
Q
intent req for conspiracy
A
intent to agree AND intent to commit achieve obj of conspiracy
22
Q
can mere preparation constittue conspiracy
A
yes
23
Q
withdraw from conspiracy
A
notification to all conspirators
neutralize any rendered assitance
24
Q
solicitation
A
inciting someone to commit a crime
with intent of that person to commit a crime (jokes don’t count)
25
is factual impossibility a defense to solicitation
no
26
attempt
a specific intent plus act in furtherance of a crime
27
does mere preparation constitute an attempt
NO, need a substantial step
28
is abadonment a defense for attempt
common law: no
| MPC: yes, but full and voluntary, complete
29
is factual impossibility a defense for attempt
no
30
can a criminal be charged with attmept and the complete crime
NO, can be charged with attempt OR the completed crime
31
common law murder
intent to kill
intent to inflict great bodily harm
felony murder
reckless indifference to an unjustibilble high risk to human life (depraved heart)
32
statutory murder
first degree: deliberate and premeditated (intent or knowledge), felony muder (enumerated by statute)
second degree: depraved heart and any murder that isn't first
33
must a felony be distinct from the murder itself for felony murder
yes
34
must death be foreseeable result for felony murder
yes
35
what is the proximate cuase theory from felony murder
resp for victims killed other than co felons
| mainstream view
36
what is the agency theory of felony murder
killing must be committed by felon or co felon (accidental deaths don't count)
37
voultary manslaughter
murder WITH adequate provocation (need ALL 4):
- sudden intense passion
- provocation
- D provoked
- D didn't cool off
38
imperfect self defense
D starts conflict but honestly (but mistakenly) believes necessity in responding with deadly force
39
involuntary manslaughter
criminal negligence or recklessness
| during commision of criminal act (misdeamnor)
40
does an act that hastens death consistute causation in criminal killing cases
yes
41
battery
unlawful application of force resulting in body harm or offensive touching
42
aggravated battery
deadly weapon
serious harm
child/woman/cop
43
assault
attempt to bater OR
| intentional creation of reasonable apprehension of imminent harm
44
aggravated assault
deadly weapon
| intent to rape murder maim
45
false imprisonment
unlawful confinement
| without consent
46
kidnapping
unlawful confinement AND
moement of victim OR
concealment of victim
47
rape
carnal knowledge of another
| any penetration works
48
larceny
```
taking
carrying away
of TANGIBLE personal property
of another with possession
by trespass (without consent)
with intent to perm deprive at the time of taking
```
49
when must intent to depirve exist in larceny
at the time of taking, must be to take, not borrow
50
embezzlement
fradulent
conversion (unconsented handling of property)
of anothers property
by a person in lawful possession of that property (key point)
51
whats the difference bw lacreny and embezzlement
embezzlement req the offender to have lawful possession at the time of conversion
52
can one replace money as defense to embezzlement
yes, BUT has to be exact money taken. If different money, EVEN IF same amount, thats embezzlement
53
false pretenses
obtaining titel
to personal property
by inential false statement or past/existing fact
with intent to defraud
54
must victim actually be decieved in false pretenses
yes
55
difference bw larceny by trick and false pretenses
tricked into giving possession BUT NOT title
| false pretense to acquire title, false pretenses
56
robbery
```
taking
of personal property
from person presence
by force or threat of IMMEDIATE injury
intent to permanently deprive
```
57
extortion
obtaining property by threat to harm (present or future threat)
58
burgulary
```
breaking
and entry
of a dwelling
of another (ownership not needed)
at night
with INTENT to commit a felony in the structure
```
59
arson
malicious (intentional or reckless disregard)
burning (some damage needed, not nec fire)
of dwelling (not nec, can be other structure)
of another
60
insanity tests
mnaughten rule: disease of mind 2. caused a defect of reasoning 3. d lacked ability to know wrongfulness or understand their actions
irresitible impulse: inability to control conduct or conform to law
MPC: lacked capacity to either 1. appreciate criminality OR 2. conform conduct to law
61
when can voluntary intox be a D
specific intent that req knowledge or purposeful act
62
involuntary intox
treated as mental illness
| d to all crimes
63
self defense
nondeadly force: whne reasonable belief it is necessary to protect from imminent unlawful force.
deadly force: 1. d is not at fault 2. confronted with unlawful force 3. beleives (sub) they are threatened with imminent death or great harm
64
defense of other
req reasonble belief that the person assisted has legal right ot use force D is using
65
defense of property
never deadly force
| can defend when reasonable belief of imminent unlawful interference
66
citizen crime prevention
only if to nec to prevent a felony or serious breach of peace
67
necessity
commison of crime nec to avoid imminent and greate rinjury to society
68
mistake
only if D lacked state of mind req for crime
for specific intent: mistake good
for general: mistake plus reasonableness
69
fourth amendment
unreasonable serach seizure, exclusionary rule
70
fiftth amendment
self incrimination, double jeopardy
71
sixth amendment
speedy trial, public trial, trail by jury, confront witnesses, compulsory process for obtianing witnesses, assistance of counsel in felony and misdemeanor when imprisonment
72
eighth
curel and unusual, excessive fines
73
seizure
reasonable person would feel not free to decline/leave
74
arrest
police take custody
75
probable cause
knowledge sufficient for reasonable person to believe a crime is afoot or committed
76
does an invalid arrest nullify prosecution
No
77
reasonable suspicion
more than a vague suspicion or a hunch, less than probable.
78
duration and scope of terry stop
no time limit, but reasonable time to confirm/dispell suspicison
79
automobile stop
```
reasonable suspicion (of any crime or traffic violation, even if purpose of stop is unrelated to justification)
all occupants seized
can order occupants out and can frisk if reasonable belif they may be armed
```
80
standing to challenge a search
must have expectation of privacy
right of possession to place searched OR
palce was home OR
overnight guest
81
standing for seizure
need to have expectation of privacy for thing taken (none for others stuff, abandonded stuff)
82
particularity of warrant
must be precise of searched palce and items to be seized
83
anticipatory warrants?
Yes
84
warrant search third party place?
yes
85
can police search occupants detained during a warrant search
No, unless named in warrant
86
exceptions to warrant req
search incident to arrest (can search auto molbie pass. compartment if D unsecured OR evidence of offense can reasonable be found)
Auto exception: need pc to search whole car and any occupants belongings
plain view
consent
stop and frisk
hot pursuit
evanescent evidence (likely to disappear quickly)
emergnecy aid
87
uninvited and unreliable ear
if listener consents to monitor, then no warrant needed UNLESS speaker can show attempted to keep convo private
88
voluntary confession
must be vol thorugh totality of circumstances
has to be official compulsion (private no good)
if harmless error, fine
89
6th right to counsel
after judicial proccedings begin
to that crime charged (not add. ones)
can't deliberately elict incriminating statements
90
can 6th right to counsel be waived
yes, knowing and voluntary
91
remedy for failure to provide counsel
reversal of conviction
92
whats req for miranda warning
a custodial
| interogation
93
custody under miranda
reasonable person would feel free to leave
THEN
if environment inherently coercive
94
are spontaneous statmenet during interrogation by D admissible under miranda
yes
95
interrogation under miradna
any police behavior likely to elicit an incriminating response
96
invocation of counsel and silence under miranda
silence: must state unambiguously and explicitly and unequivocal. can question significant time later if remirandize and question unrealted to previously discussed crime
counsel: unambiguous, all questions stop
97
exclusionary rule
```
4, 5, 6 violations
exceptions: fruits of miranda violation
independent source
interruptions in chain of misconduct
inevitible discovery
violating knock and announce
```
98
harmless error
conviction as result of illegal evidence overturned on appeal UNLESS govt can show harmless error. if claimed, D can rebut with evidence of substantial and injurous effect of influence on jury verdcit
99
burden of proof for exclustionary rule
govt, preponderance of the evidence, D entitled to ruling as a matter of law by judge
100
do witnesses in a grand jury have right to counsel or miranda
no
101
can grand jury base finding on otherwise inadmissible evidence
yes
102
must D appear for grand jury if called
yes, but can refuse to answer incrimnating qs
103
test for speedy trial
totality of the circumstances
104
what is a serious offense to impose jury trial
confined for over 6 months
105
min number of jurors
6
106
taking a plea
must be voluntary and intelligent
on the record
must know: nature of charge, max penalty/man. min, can plead not guilty
107
double jeopardy
attaches at empaneling of jury
exceptions: hung jury, discontinued and retried for menifest necessity, state CAN retry a D that appealed conviction UNLESS the reversal wa sinsufficeint evidence.
breach of plea bargain
108
when crimes are seperate under double jeopardy
req an additional element
109
when you borrow object and later decide to keep, but then decide to give back, is that larceny
no, larceny intent must happen at the moment of taking
110
is negligent entrustment admissible character evidence
yes
111
is D guilty when victim cause of death is caused by D AND something else
Yes
112
when judge is making a ruling on admissibility of accused confession....
judge must excuse jury
| judge makes determination
