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Constitution Law Bar Prep > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

when does a state have jurisdiction in a criminal case

A
  1. crimes that occured in state
  2. crimes that caused a result in stat
  3. attempt or conspiracy out of state plus and act in state
  4. attempt or conspiracy in state to commit act outside of state
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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

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3
Q

essential acts of a crime

A 
physical act (actus reus)
mental state (mens rea)
concurrence of the two
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4
Q

what is req for actus reas

A

voluntary act (act is a bodily movement)

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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

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6
Q

five situations a duty to act arises

A 
statute
relationship
contract
undertaking of care
D created peril
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7
Q

what is specific intent

A

acting with specific intention or objective

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8
Q

specific intent crimes

A 
solicitation 
conspircay
attempt
first degree murder
Larceny
Assault
Embezzlement
forgery
Robbery 
Burgulary
Fraud
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9
Q

malice

A

reckless disregard for an obvious or high risk that a harmful result will occur

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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

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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.

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12
Q

accomplice liability

A

any principal can be guilty of crime

principal engages in act, accomplice aids, advises, encourages the principal

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13
Q

intent req of an accomplice

A

intent to assist principal

intent for principal to commit a crime

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14
Q

scope of accomplice liability

A

any crimes counseled and any crime commited during course of crime that was reasonable and forseeable

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15
Q

can you withdraw from being an accomplice

A

yes but must
repudiate
neutralise any assitance given (notifying the police sufficient with repudiation)

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16
Q

inchoate crimes

A

crimes not actually completed
conspiracy
attempt
solicitation

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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.
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18
Q

does intent to enter agreement in conspiracy need to be express

A

no, can be implied from conduct

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19
Q

can you commit conspircay with a police officer

A

yes, only one party needs to intent to commit a crime

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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

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21
Q

intent req for conspiracy

A

intent to agree AND intent to commit achieve obj of conspiracy

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22
Q

can mere preparation constittue conspiracy

A

yes

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23
Q

withdraw from conspiracy

A

notification to all conspirators

neutralize any rendered assitance

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24
Q

solicitation

A

inciting someone to commit a crime

with intent of that person to commit a crime (jokes don’t count)

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25
Q

is factual impossibility a defense to solicitation

A

no

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26
Q

attempt

A

a specific intent plus act in furtherance of a crime

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27
Q

does mere preparation constitute an attempt

A

NO, need a substantial step

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28
Q

is abadonment a defense for attempt

A

common law: no

MPC: yes, but full and voluntary, complete

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29
Q

is factual impossibility a defense for attempt

A

no

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30
Q

can a criminal be charged with attmept and the complete crime

A

NO, can be charged with attempt OR the completed crime

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31
Q

common law murder

A

intent to kill
intent to inflict great bodily harm
felony murder
reckless indifference to an unjustibilble high risk to human life (depraved heart)

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32
Q

statutory murder

A

first degree: deliberate and premeditated (intent or knowledge), felony muder (enumerated by statute)
second degree: depraved heart and any murder that isn’t first

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33
Q

must a felony be distinct from the murder itself for felony murder

A

yes

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34
Q

must death be foreseeable result for felony murder

A

yes

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35
Q

what is the proximate cuase theory from felony murder

A

resp for victims killed other than co felons

mainstream view

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36
Q

what is the agency theory of felony murder

A

killing must be committed by felon or co felon (accidental deaths don’t count)

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37
Q

voultary manslaughter

A

murder WITH adequate provocation (need ALL 4):

  • sudden intense passion
  • provocation
  • D provoked
  • D didn’t cool off
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38
Q

imperfect self defense

A

D starts conflict but honestly (but mistakenly) believes necessity in responding with deadly force

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39
Q

involuntary manslaughter

A

criminal negligence or recklessness

during commision of criminal act (misdeamnor)

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40
Q

does an act that hastens death consistute causation in criminal killing cases

A

yes

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41
Q

battery

A

unlawful application of force resulting in body harm or offensive touching

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42
Q

aggravated battery

A

deadly weapon
serious harm
child/woman/cop

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43
Q

assault

A

attempt to bater OR

intentional creation of reasonable apprehension of imminent harm

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44
Q

aggravated assault

A

deadly weapon

intent to rape murder maim

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45
Q

false imprisonment

A

unlawful confinement

without consent

46
Q

kidnapping

A

unlawful confinement AND
moement of victim OR
concealment of victim

47
Q

rape

A

carnal knowledge of another

any penetration works

48
Q

larceny

A 
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
Q

when must intent to depirve exist in larceny

A

at the time of taking, must be to take, not borrow

50
Q

embezzlement

A

fradulent
conversion (unconsented handling of property)
of anothers property
by a person in lawful possession of that property (key point)

51
Q

whats the difference bw lacreny and embezzlement

A

embezzlement req the offender to have lawful possession at the time of conversion

52
Q

can one replace money as defense to embezzlement

A

yes, BUT has to be exact money taken. If different money, EVEN IF same amount, thats embezzlement

53
Q

false pretenses

A

obtaining titel
to personal property
by inential false statement or past/existing fact
with intent to defraud

54
Q

must victim actually be decieved in false pretenses

A

yes

55
Q

difference bw larceny by trick and false pretenses

A

tricked into giving possession BUT NOT title

false pretense to acquire title, false pretenses

56
Q

robbery

A 
taking
of personal property
from person presence
by force or threat of IMMEDIATE injury
intent to permanently deprive
57
Q

extortion

A

obtaining property by threat to harm (present or future threat)

58
Q

burgulary

A 
breaking 
and entry
of a dwelling
of another (ownership not needed)
at night
with INTENT to commit a felony in the structure
59
Q

arson

A

malicious (intentional or reckless disregard)
burning (some damage needed, not nec fire)
of dwelling (not nec, can be other structure)
of another

60
Q

insanity tests

A

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
Q

when can voluntary intox be a D

A

specific intent that req knowledge or purposeful act

62
Q

involuntary intox

A

treated as mental illness

d to all crimes

63
Q

self defense

A

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
Q

defense of other

A

req reasonble belief that the person assisted has legal right ot use force D is using

65
Q

defense of property

A

never deadly force

can defend when reasonable belief of imminent unlawful interference

66
Q

citizen crime prevention

A

only if to nec to prevent a felony or serious breach of peace

67
Q

necessity

A

commison of crime nec to avoid imminent and greate rinjury to society

68
Q

mistake

A

only if D lacked state of mind req for crime
for specific intent: mistake good
for general: mistake plus reasonableness

69
Q

fourth amendment

A

unreasonable serach seizure, exclusionary rule

70
Q

fiftth amendment

A

self incrimination, double jeopardy

71
Q

sixth amendment

A

speedy trial, public trial, trail by jury, confront witnesses, compulsory process for obtianing witnesses, assistance of counsel in felony and misdemeanor when imprisonment

72
Q

eighth

A

curel and unusual, excessive fines

73
Q

seizure

A

reasonable person would feel not free to decline/leave

74
Q

arrest

A

police take custody

75
Q

probable cause

A

knowledge sufficient for reasonable person to believe a crime is afoot or committed

76
Q

does an invalid arrest nullify prosecution

A

No

77
Q

reasonable suspicion

A

more than a vague suspicion or a hunch, less than probable.

78
Q

duration and scope of terry stop

A

no time limit, but reasonable time to confirm/dispell suspicison

79
Q

automobile stop

A 
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
Q

standing to challenge a search

A

must have expectation of privacy
right of possession to place searched OR
palce was home OR
overnight guest

81
Q

standing for seizure

A

need to have expectation of privacy for thing taken (none for others stuff, abandonded stuff)

82
Q

particularity of warrant

A

must be precise of searched palce and items to be seized

83
Q

anticipatory warrants?

A

Yes

84
Q

warrant search third party place?

A

yes

85
Q

can police search occupants detained during a warrant search

A

No, unless named in warrant

86
Q

exceptions to warrant req

A

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
Q

uninvited and unreliable ear

A

if listener consents to monitor, then no warrant needed UNLESS speaker can show attempted to keep convo private

88
Q

voluntary confession

A

must be vol thorugh totality of circumstances
has to be official compulsion (private no good)
if harmless error, fine

89
Q

6th right to counsel

A

after judicial proccedings begin
to that crime charged (not add. ones)
can’t deliberately elict incriminating statements

90
Q

can 6th right to counsel be waived

A

yes, knowing and voluntary

91
Q

remedy for failure to provide counsel

A

reversal of conviction

92
Q

whats req for miranda warning

A

a custodial

interogation

93
Q

custody under miranda

A

reasonable person would feel free to leave
THEN
if environment inherently coercive

94
Q

are spontaneous statmenet during interrogation by D admissible under miranda

A

yes

95
Q

interrogation under miradna

A

any police behavior likely to elicit an incriminating response

96
Q

invocation of counsel and silence under miranda

A

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
Q

exclusionary rule

A 
4, 5, 6 violations
exceptions: fruits of miranda violation
independent source
interruptions in chain of misconduct
inevitible discovery
violating knock and announce
98
Q

harmless error

A

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
Q

burden of proof for exclustionary rule

A

govt, preponderance of the evidence, D entitled to ruling as a matter of law by judge

100
Q

do witnesses in a grand jury have right to counsel or miranda

A

no

101
Q

can grand jury base finding on otherwise inadmissible evidence

A

yes

102
Q

must D appear for grand jury if called

A

yes, but can refuse to answer incrimnating qs

103
Q

test for speedy trial

A

totality of the circumstances

104
Q

what is a serious offense to impose jury trial

A

confined for over 6 months

105
Q

min number of jurors

A

6

106
Q

taking a plea

A

must be voluntary and intelligent
on the record
must know: nature of charge, max penalty/man. min, can plead not guilty

107
Q

double jeopardy

A

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
Q

when crimes are seperate under double jeopardy

A

req an additional element

109
Q

when you borrow object and later decide to keep, but then decide to give back, is that larceny

A

no, larceny intent must happen at the moment of taking

110
Q

is negligent entrustment admissible character evidence

A

yes

111
Q

is D guilty when victim cause of death is caused by D AND something else

A

Yes

112
Q

when judge is making a ruling on admissibility of accused confession….

A

judge must excuse jury

judge makes determination

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