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CRIMINAL LAW Flashcards

1
Q

MERGER: SOLICITATION/ATTEMPT

A

For solicitation and attempt crimes, completion of the crimes DOES NOT allow conviction on both. They will merge and you can be convicted ONLY of the completed crime.

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2
Q

FELONIES: PUNISHMENT

A

Generally punishable by imprisonment for more than 1 year or death

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3
Q

MISDEMEANORS: PUNISHMENT

A

Punishable by up to 1 year in jail.

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4
Q

ESSENTIAL ELEMENTS OF A CRIME

A

1) Physical act (actus reus)
2) Mental state (mens rea)
3) Concurrence of both

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5
Q

ELEMENTS OF A CRIME: PHYSICAL ACT

A

D must have performed a VOLUNTARY physical act OR failed to act

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6
Q

NOT PHYSICAL ACTS

A

1) Conduct not a product of one’s own volition
2) Reflexive or convulsive act
3) Act while unconscious or asleep

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7
Q

PHYSICAL ACTS: OMISSION AS AN ACT

A

Failure to act causes liability only if:
1) there is a legal duty to act
2) D has KNOWLEDGE of the facts giving rise to the duty AND
3) it is REASONABLY POSSIBLE TO PERFORM

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8
Q

PHYSICAL ACTS: LEGAL DUTY TO ACT

A

1) By statute
2) By K
3) Relationship btw parties
4) voluntary assumption of care OR
5) D created peril

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9
Q

MENTAL STATE: SPECIFIC INTENT

A

Cannot be imputed merely by doing the act but the MANNER in which the crime was committed.

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10
Q

DEFENSES TO SPECIFIC INTENT CRIMES ONLY

A

1) Voluntary intoxication
2) Unreasonable mistake of fact

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11
Q

SPECIFIC INTENT CRIMES

A

1) Solicitation
2) Conspiracy
3) Attempt
4) First degree premed murder
5) assault
6) larceny
7) embezzlement
8) false pretenses
9) Robbery
10) burglary
11) forgery

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12
Q

WHAT IS MALICE?

A

The reckless disregard of an obvious or high risk that the particular harmful result will occur

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13
Q

WHAT ARE THE 2 MALICE CRIMES?

A

1) Murder in the 2nd degree
2) Arson

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14
Q

GENERAL INTENT

A

All crimes other than specific intent crimes

Def: D has an awareness of all factors constituting the crime and can be inferred from just DOING THE ACT

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15
Q

STRICT LIABILITY OFFENSES

A

1) They have NO MENS REA requirement and the D is guilty just be doing the act.

2) Look for crimes re: administrative, regulation or morality

3) Statutes without “knowingly”, “willfully” or “intentionally”

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16
Q

MPC ANALYSIS OF FAULT: PURPOSELY

A

1) Subjective standard
DEF: Conscious objective to engage in certain conduct or cause a certain result

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17
Q

MPC ANALYSIS OF FAULT: KNOWINGLY

A

1) Subjective standard
DEF: Aware conduct is of a particular nature OR certain circumstances exist AND that the conduct will necessarily or very likely cause a particular result

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18
Q

MPC ANALYSIS OF FAULT: RECKLESSLY

A

1) Subjective standard
DEF: Consciously disregard a substantial and unjustifiable risk

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19
Q

MPC ANALYSIS OF FAULT: NEGLIGENCE

A

1) OBJECTIVE standard
DEF: failure to be aware of a substantial and unjustifiable risk

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20
Q

TRANSFERRED INTENT

A

Applies to homicide, battery, and arson and occurs when D intended to harm a different victim or object but causes injury to the unintended person

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21
Q

ACCOMPLICE LIABILITY: COMMON LAW (PARTIES)

A

1) Principal in 1st degree - persons who engage in the act constituting the crime
2) Principal in the 2nd degree - aid, advise, or encourage and WERE PRESENT for the crime
3) Accessories before the fact: assisted or encouraged but NOT PRESENT
4) Accessories after the fact: with knowledge that the other has committed a felony, ASSISTED in escaping arrest or punishment

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22
Q

ACCOMPLICE LIABILITY: MODERN STATUTES

A

1) Principals - with requisite mental state, actually commit the crime
2) Accomplices - Aid, advise, or encourage the principal in committing the crime

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23
Q

DUAL INTENT: ACCOMPLICE LIABILITY

A

Must have:
1) intent to assist AND
2) intent for the OTHER to commit the act

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24
Q

SCOPE OF ACCOMPLICE LIABILITY

A

Responsible fro the crimes they did or aided AND other crimes committed by the principal in the course of action if they were PROBABLE AND FORESEEABLE

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25
WITHDRAWAL FROM ACCOMPLICE LIABILITY
1) Must repudiate encouragement 2) Attempt to neutralize assistance in the crime 3) Notify the police or. take action to prevent the crime MUST HAPPEN BEFORE THE CRIME OCCURS
26
INCHOATE OFFENSES: CONSPIRACY (ELEMENTS)
1) Agreement between 2 or more people 2) An intent to enter into the agreement 3) AND intent to achieve the objective of the agreement 4) an OVERT ACT is usually required - includes SUBSTANTIAL PREP
27
INCHOATE OFFENSES: CONSPIRACY - AGREEMENT REQUIREMENTS
1) Mutual Agreement to accomplish the objective 2) Modern rule: intent by 1 Common Law: intent by 2 or more
28
CONSPIRACY: OVER ACT REQUIREMENT
Common Law: Not required Modern rule: required for most states
29
CONSPIRACY: TERMINATION
Usually ends on completion of the wrongful act
30
LIABILITY FOR CO-CONSPIRATORS' CRIMES
Liable for: 1) crimes committed in FURTHERANCE of conspiracy AND 2) were FORESEEABLE
31
DEFENSES TO CONSPIRACY: FACTUAL IMPOSSIBILITY
NOT a defense
32
DEFENSES TO CONSPIRACY: WITHDRAWAL
Generally not a defense to the conspiracy but MAY be for crimes COMMITTED IN FURTHERANCE of the conspiracy
33
INCHOATE CRIMES: SOLICITATION
Def: Consists of asking someone to commit a crime WITH THE INTENT that they commit that crime MERGER: Into conspiracy if BOTH AGREE to commit the act
34
INCHOATE CRIMES: ATTEMPT
DEF: An act done with the INTENT to commit a crime that FALLS SHORT of COMPLETION Elements: 1) SPECIFIC INTENT AND 2) an overt act in furtherance of the crime
35
INCHOATE CRIMES: DEFENSES TO ATTEMPT - ABANDONMENT
NOT at common law MPC: Defense if there is a FULLY VOLUNTARY and COMPLETE ABANDONMENT
36
COMMON LAW MURDER: DEFINITION
It is the unlawful killing of a human being with MALICE AFORETHOUGHT
37
COMMON LAW MURDER: MALICE AFORETHOUGHT ELEMENTS
Must have 1 of the following: 1) intent to kill (1st degree) 2) Intent to INFLICT GREAT BODILY INJURY (2nd deg) 3) Reckless indifference to an unjustifiably high risk to human life - DEPRAVED HEART MURDER 4) Intent to commit a felony (felony murder - 1st degree)
38
DELIBERATE AND PREMEDITATED 1ST DEGREE MURDER
DEF: D made a decision to kill in cool & dispassionate manner and ACTUALLY REFLECTED on the idea of killing
39
1ST DEGREE FELONY MURDER (BARRK)
DEF: Commission of an enumerated felony and ALSO a killing during that other felony Felonies: (B)urglary (A)rson (R)ape (R)obbery (K)idnapping
40
MURDER OF POLICE OFFICER
It is AUTOMATIC 1st Degree murder when: 1) you kill a police officer in the line of duty (not necessarily on duty) 2) AND KNOW they are a police officer
41
2ND DEGREE MURDER
1) Reckless indifference or 2) Depraved hearturder
42
FELONY MURDER: LIMITS ON LIABILITY (5)
1) D must have COMMITTED or ATTEMPTED to commit the underlying felony; 2) Felony must be DISTINCT from the killing 3) Death must have been FORESEEABLE 4) Death must have been caused before D'S IMMEDIATE FLIGHT FROM THE FELONY
43
FELONY MURDER: LIABILITY FOR CO-FELON DEATH
In most jx's, D is NOT liable for co-felon's death from victim resistance or police
44
FELONY MURDER: PROXIMATE CAUSE THEORY (MINORITY VIEW)
Felon is liable for death of innocent victims caused by someone other than co-felon
45
FELONY MURDER: AGENCY THEORY (MAJORITY)
Felon is liable for killings committed by a co-felon or their agent (accomplice)
46
VOLUNTARY MANSLAUGHTER (DEFINITION)
Killing that would be murder BUT FOR the existence of ADEQUATE PROVOCATION
47
VOLUNTARY MANSLAUGHTER: ADEQUATE PROVOCATION
Adequate IF: 1) Would arouse sudden and intense passion in an ordinary person; 2) D was in fact PROVOKED 3) there was not sufficient time to cool off 4) D did NOT cool off
48
VOLUNTARY MANSLAUGHTER: IMPERFECT SELF-DEFENSE
Murder may be reduced to manslaughter even though: 1) D was at fault OR 2) D UNREASONABLY BUT HONESTLY believed in the necessity of using deadly force
49
INVOLUNTARY MANSLAUGHTER
1) Killing committed with CRIMINAL NEGLIGENCE (recklessness under MPC) OR 2) Killing during commission of unlawful act that was FORESEEABLE (some states)
50
CAUSATION
Defendant's conduct must be the cause-in-fact AND proximate cause of the victim's death
51
BATTERY
The unlawful application of force to the person of another resulting in EITHER bodily injury OR offensive touching
52
AGGRAVATED BATTERY (3)
1) Battery w/DEADLY WEAPON, 2) Battery causing SERIOUS BODILY HARM 3) Battery of child, woman or cop
53
ASSAULT
Either: 1) An attempt to commit a battery OR 2) INTENTIONAL CREATION of a REASONABLE APPREHENSION of imminent bodily harm
54
FALSE IMPRISONMENT
UNLAWFUL CONFINEMENT without a person's CONSENT MPC: requires substantial interference with liberty
55
KIDNAPPING
Unlawful confinement involving EITHER: 1) some MOVEMENT of the victim OR 2) CONCEALMENT of the victim in a secret place
56
RAPE
Must be without effective CONSENT which exists WHERE: 1) sex is done with ACTUAL FORCE 2) sex done by threats of great or immediate bodily harm 3) victim incapable of CONSENT 4) OR victim is fraudulent caused to believe that the act is NOT SEX
57
STATUTORY RAPE
Strict liability crime with no reasonable mistake defense
58
LARCENCY
1) Taking 2) and carrying away 3) of tangible personal property of another 4) by trespass 5) WITH INTENT TO PERMANENTLY DEPRIVE
59
LARCENY: INSUFFICIENT INTENT
Where the D: 1) believes the property is theirs 2) OR they intend to BORROW or 3) keep as repayment of DEBT
60
EMBEZZLEMENT
Fraudulent conversion of personal property of another by a person in LAWFUL POSSESSION of the property.
61
FALSE PRETENSES
Obtaining title to personal property of another by INTENTIONAL FALSE STATEMENT of a past or existing fact with INTENT TO DEFRAUD
62
DISTINGUISHING LARCENY BY TRICK
1) Larceny by trick: victim gives up custody or possession by MISREP OF FACT 2) False pretenses - giving up of TITLE
63
ROBBERY
The taking of another's personal property FROM THEIR PERSON or presence BY: 1) FORCE or 2) THREATS 3) WITH INTENT TO PERMANENTLY DEPRIVE
64
EXTORTION
Obtaining property by means of threats to do harm or expose information Unlike robbery - can be for future harm and not in presence of victim
65
FORGERY
Making or altering a writing w/apparent legal significant so that it is FALSE with INTENT TO DEFRAUD
66
BURGLARY
Breaking and entering a DWELLING of another at NIGHT with the INTENT to commit a FELONY in the structure
67
ARSON
A malicious burning of another's dwelling Required Damage: 1) Charring is sufficient and NOT merely blackening
68
INSANITY DEFENSE: M'NAGHTEN RULE
Acquittal if: 1) Disease of the mind CAUSED defect of reason 2) Such that D lacked ability to KNOW wrongfulness of actions OR 3) UNDERSTAND the nature and quality of those actions
69
INSANITY DEFENSE: IRRESISTIBLE IMPULSE TEST
Acquittal if: 1) D, because of mental illness 2) was UNABLE TO CONTROL actions or conform conduct to the law
70
INSANITY DEFENSE: DURHAM TEST (NH ONLY)
Acquittal if crime was a PRODUCT OF MENTAL ILLNESS
71
INSANITY DEFENSE: MPC TEST
Acquittal if: 1) D had a mental disease or defect 2) And as a result 3) they lacked SUBSTANTIAL CAPACITY to either APPRECIATE the CRIMINALITY of their conduct OR CONFORM their conduct to the law
72
VOLUNTARY INTOXICATION: DEFENSE (SPECIFIC INTENT ONLY)
Taking without duress of a substance known to cause intoxication. It is a defense to crimes requiring PURPOSE (intent) or KNOWLEDGE.

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