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CRIMINAL LAW Flashcards

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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
Q

WITHDRAWAL FROM ACCOMPLICE LIABILITY

A

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

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26
Q

INCHOATE OFFENSES: CONSPIRACY (ELEMENTS)

A

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

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27
Q

INCHOATE OFFENSES: CONSPIRACY - AGREEMENT REQUIREMENTS

A

1) Mutual Agreement to accomplish the objective
2) Modern rule: intent by 1
Common Law: intent by 2 or more

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28
Q

CONSPIRACY: OVER ACT REQUIREMENT

A

Common Law: Not required
Modern rule: required for most states

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29
Q

CONSPIRACY: TERMINATION

A

Usually ends on completion of the wrongful act

30
Q

LIABILITY FOR CO-CONSPIRATORS’ CRIMES

A

Liable for:
1) crimes committed in FURTHERANCE of conspiracy AND
2) were FORESEEABLE

31
Q

DEFENSES TO CONSPIRACY: FACTUAL IMPOSSIBILITY

A

NOT a defense

32
Q

DEFENSES TO CONSPIRACY: WITHDRAWAL

A

Generally not a defense to the conspiracy but MAY be for crimes COMMITTED IN FURTHERANCE of the conspiracy

33
Q

INCHOATE CRIMES: SOLICITATION

A

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
Q

INCHOATE CRIMES: ATTEMPT

A

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
Q

INCHOATE CRIMES: DEFENSES TO ATTEMPT - ABANDONMENT

A

NOT at common law

MPC: Defense if there is a FULLY VOLUNTARY and COMPLETE ABANDONMENT

36
Q

COMMON LAW MURDER: DEFINITION

A

It is the unlawful killing of a human being with MALICE AFORETHOUGHT

37
Q

COMMON LAW MURDER: MALICE AFORETHOUGHT ELEMENTS

A

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
Q

DELIBERATE AND PREMEDITATED 1ST DEGREE MURDER

A

DEF: D made a decision to kill in cool & dispassionate manner and ACTUALLY REFLECTED on the idea of killing

39
Q

1ST DEGREE FELONY MURDER (BARRK)

A

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
Q

MURDER OF POLICE OFFICER

A

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
Q

2ND DEGREE MURDER

A

1) Reckless indifference or
2) Depraved hearturder

42
Q

FELONY MURDER: LIMITS ON LIABILITY (5)

A

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
Q

FELONY MURDER: LIABILITY FOR CO-FELON DEATH

A

In most jx’s, D is NOT liable for co-felon’s death from victim resistance or police

44
Q

FELONY MURDER: PROXIMATE CAUSE THEORY (MINORITY VIEW)

A

Felon is liable for death of innocent victims caused by someone other than co-felon

45
Q

FELONY MURDER: AGENCY THEORY (MAJORITY)

A

Felon is liable for killings committed by a co-felon or their agent (accomplice)

46
Q

VOLUNTARY MANSLAUGHTER (DEFINITION)

A

Killing that would be murder BUT FOR the existence of ADEQUATE PROVOCATION

47
Q

VOLUNTARY MANSLAUGHTER: ADEQUATE PROVOCATION

A

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
Q

VOLUNTARY MANSLAUGHTER: IMPERFECT SELF-DEFENSE

A

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
Q

INVOLUNTARY MANSLAUGHTER

A

1) Killing committed with CRIMINAL NEGLIGENCE (recklessness under MPC) OR
2) Killing during commission of unlawful act that was FORESEEABLE (some states)

50
Q

CAUSATION

A

Defendant’s conduct must be the cause-in-fact AND proximate cause of the victim’s death

51
Q

BATTERY

A

The unlawful application of force to the person of another resulting in EITHER bodily injury OR offensive touching

52
Q

AGGRAVATED BATTERY (3)

A

1) Battery w/DEADLY WEAPON,
2) Battery causing SERIOUS BODILY HARM
3) Battery of child, woman or cop

53
Q

ASSAULT

A

Either:
1) An attempt to commit a battery OR
2) INTENTIONAL CREATION of a REASONABLE APPREHENSION of imminent bodily harm

54
Q

FALSE IMPRISONMENT

A

UNLAWFUL CONFINEMENT without a person’s CONSENT

MPC: requires substantial interference with liberty

55
Q

KIDNAPPING

A

Unlawful confinement involving EITHER:
1) some MOVEMENT of the victim OR
2) CONCEALMENT of the victim in a secret place

56
Q

RAPE

A

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
Q

STATUTORY RAPE

A

Strict liability crime with no reasonable mistake defense

58
Q

LARCENCY

A

1) Taking
2) and carrying away
3) of tangible personal property of another
4) by trespass
5) WITH INTENT TO PERMANENTLY DEPRIVE

59
Q

LARCENY: INSUFFICIENT INTENT

A

Where the D:
1) believes the property is theirs
2) OR they intend to BORROW or
3) keep as repayment of DEBT

60
Q

EMBEZZLEMENT

A

Fraudulent conversion of personal property of another by a person in LAWFUL POSSESSION of the property.

61
Q

FALSE PRETENSES

A

Obtaining title to personal property of another by INTENTIONAL FALSE STATEMENT of a past or existing fact with INTENT TO DEFRAUD

62
Q

DISTINGUISHING LARCENY BY TRICK

A

1) Larceny by trick: victim gives up custody or possession by MISREP OF FACT
2) False pretenses - giving up of TITLE

63
Q

ROBBERY

A

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
Q

EXTORTION

A

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
Q

FORGERY

A

Making or altering a writing w/apparent legal significant so that it is FALSE with INTENT TO DEFRAUD

66
Q

BURGLARY

A

Breaking and entering a DWELLING of another at NIGHT with the INTENT to commit a FELONY in the structure

67
Q

ARSON

A

A malicious burning of another’s dwelling

Required Damage:
1) Charring is sufficient and NOT merely blackening

68
Q

INSANITY DEFENSE: M’NAGHTEN RULE

A

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
Q

INSANITY DEFENSE: IRRESISTIBLE IMPULSE TEST

A

Acquittal if:
1) D, because of mental illness
2) was UNABLE TO CONTROL actions or conform conduct to the law

70
Q

INSANITY DEFENSE: DURHAM TEST (NH ONLY)

A

Acquittal if crime was a PRODUCT OF MENTAL ILLNESS

71
Q

INSANITY DEFENSE: MPC TEST

A

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
Q

VOLUNTARY INTOXICATION: DEFENSE (SPECIFIC INTENT ONLY)

A

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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