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Criminal Law Flashcards

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1
Q

MPC Intent Categories

A

Purposely
. Intentional: Conscious object is to engage in certain conduct or cause a certain result- Subjective & Specific Intent
Knowingly
. Aware there is a high probability of substantial and unjustifiable risk- Subjective General Intent
WI: Utter disregard for human life- Objective: what reasonable person would have know TOC
Recklessly
. Conscious disregard a substantial and unjustifiable risk- Subjective and objective- Malice
Negligence
. fail to be aware of a substantial and unjustifiable risk and failure is substantial deviation of the standard of care

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2
Q

Wisconsin: Levels of Culpability

A

. Criminal Intent: person has the purpose to do the thing or cause the result, or is aware their conduct is practically certain to do so: Intentionally, with intent to, or believe
. Utter Disregard for Human Life: objective standard of what a reasonable person in the position is presumed to have known, measured by the surrounding acts and totality of the circumstances: only used for first degree reckless homicide, reckless injury, and recklessly endangering safety
. Recklessness: when a person crates an unreasonable and substantial risk of death or great bodily harm to another human being and the person is aware of that risk
. Negligence: ordinary negligence to a high degree, consisting of conduct that the person should realize creates a substantial and unreasonable risk of death or great bodily harm to another
. Strict Liability: does not include a mental state indicator in the statute

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3
Q

Transferred Intent

A

. Liable when they intend the harm that is actually caused but to a different person
. Defenses and mitigating circumstances may also be transferred
. **Applies to : battery, homicide, and arson- usually I meant to shoot girl in Barney shirt but hit someone else, can be charged with murder (of other person) and attempted murder of person in Barney shirt

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4
Q

Accomplice Liability: Dual Intent Mental State

A

. To be convicted of a substantive crime as an accomplice must: have intent to assist the principal and the intent that the principal commit the offense
. Provision of Material mere knowledge is not enough for accomplice liability, but if procuring an illegal item or gaining a profit is enough

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5
Q

Inchoate Offenses: Types

A

Conspiracy
Solicitation
Attempt

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6
Q

Conspiracy

A

. Elements: requires:
1) An agreement
2) Intent to enter into agreement
3) And intent to achieve the unlawful objective
*Most state require overt act, CL: mere preparation
. Requirement of 2 or more:
Modern Trend & MPC: Unilateral approach only requires one party to have genuine criminal intent- criminal and police
Traditional Approach: requires at least 2 guilty minds

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7
Q

Solicitation

A

. Element: asking someone to commit a crime
. Merger: if other person agrees, then it merges into Conspiracy- want to rob the mart- yes, now conspiracy

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8
Q

Attempt

A

. Elements: an act done with the intent to commit a crime that falls short of completing the crime
. Requires Specific intent and overt act
. WISCONSIN: need intent, perform act and would have committed except for intervention

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9
Q

Homicide: Types

A

CL Murder
Statutory Murder
Felony Murder
Voluntary Manslaughter
Involuntary Manslaughter

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10
Q

CL Murder

A

. Unlawful killing of a human being with malice aforethought
. Malice aforethought: no facts reducing the killing to voluntary manslaughter or excusing the crime
. States of mind needed for murder:
1) intent to kill
2) intent to inflict great bodily injury
3) reckless indifference to an unjustified high risk to human life- depraved heart
4) intent to commit a felony
. intentional use of deadly weapon authorizes inference of intent to kill

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11
Q

Statutory Murder

A

First Degree Murder
. Must have:
1) Deliberate and Premediation: made decision to kill in cool dispassionate manner and actually reflected the idea of killing – even if for a moment
2) First Degree Felony Murder: killing during the commission of an enumerated felony: usually burglary, arson, rape
3) Others: killings performed in certain ways-like torture or police officer- must know it is an officer in line of duty (can be off duty if announce)
4) Second Degree Murder: depraved heart killing- killing done with reckless disregard to human life

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12
Q

Felony Murder

A

. any death, even accidental in the commission or attempt of a felony
. CL: Felonies are BARRK: burglary, arson, rape, *robbery, kidnapping
hit pedestrian, not felony murder
5) not liable when co-felon is killed-
Minority: Proximate cause: felons are liable for deaths of innocent victims caused by someone other that co-felon
Majority: Agency Theory: felon liable only if killing committed by felon or agent- NOT BURNS
. If drunk cannot complete specific intent crime to make you liable for a felony murder resulting from the crime

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13
Q

Voluntary manslaughter

A

. Killing that would be murder but for the existence of adequate provocation
. Provocation is adequate only if:
1) Sudden and intense passion in the mind of ordinary purpose- cheating spouse
2) Was in fact provoked
3) Not sufficient cooling period
4) Defendant did not cool off

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14
Q

Involuntary manslaughter

A

. Committed if:
1) Criminal negligence (recklessness under MPC) – driving a car while eating and going too fast
2) During the commission of an unlawful act
*Foreseeability may be requirement
- Distinguished from Abandoned Heart: only requires a substantial risk

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15
Q

WI Murders

A

. 1st Intentional Homicide: premeditated, intentional
. 2nd Intentional Homicide: intentional w/provocation
. Felony Murder: dangerous felonies or with weapon or say you have weapon: BARRK & battery, false imprisonment & carjacking
. 1st Reckless Homicide: recklessly causing death w/ utter disregard for human life
. 2nd Reckless Homicide: recklessly causes death of another human
. Negligent Homicide: through criminal negligence, allows another to die

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16
Q

Battery

A

. Unlawful application of force resulting in bodily injury or offensive touching
. Aggravated Battery: felony if
1) With a deadly weapon
2) Resulting in serious bodily harm or
3) Child, woman, or police officer

17
Q

Assault

A

. Attempt to commit a battery or intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm
. WISCONSIN: minority state that treats assault as an attempt to commit a battery

18
Q

False Imprisonment

A

. Unlawful confinement of a person without the person’s valid consent
. Not confinement if prevention of destination has an alternative reasonable route

19
Q

Kidnapping

A

. Unlawful confinement of a person that involves: 1) some movement or 2) Concealment in secret place
. Aggravated kidnapping: kidnapping for ransom, to commit other crimes, offensive purposes, and child stealing

20
Q

Rape

A

. Traditionally: unlawful carnal knowledge of woman by a man not her husband without consent
. Modern: gender neutral sexual assault
. **Slightest penetration is sufficient
. Statutory: strict liability- not necessary to show consent- Mistake as to Age: still strict liability no defense

21
Q

Larceny

A

. Must have:
1) A taking
2) And carrying away
3) Of tangible personal property
4) Of anther
5) By trespass (without consent)
6) With intent to permanently deprive

22
Q

Embezzlement

A

. Must be:
1) Fraudulent
2) Conversion
3) Of personal property
4) Of anther
5) By a lawful possession of that property

23
Q

False Pretenses

A

. Obtaining title, to personal property of another by intentional false statement with the intent to defraud

24
Q

Robbery

A

. Taking of personal property of another from the other’s person or presence by force or threats of immediate death or injury with the intent to permanently deprive them

25
Q

Exortion

A

. Corrupt collection of an unlawful fee by an officer under the color of office
. Modern: extortion- blackmail consists of obtaining property by means of threats to do harm or expose information

26
Q

Stolen Property

A

. Receiving possession and control of stolen personal property known to have been obtained in a manner constituting a criminal offense by another person with the intent to permanently deprive

27
Q

Forgery

A

. Making or altering of a false writing with apparent legal significance with the intent to defraud
. Do not need anyone to be actually defrauded

28
Q

Burglary

A

. Breaking and entry of a dwelling of another at nighttime with the intent to commit a felony in the structure

29
Q

Arson

A

. Malicious burning of the dwelling of another
. WISCONSIN & Modern: modified to expand liability from damage of explosion and other property including cars, commercial buildings
. **Damage Required: scorching not sufficient, charring is sufficient

30
Q

Defenses: Types

A

Insanity
Intoxication
Infancy
Self-Defense
Duress
Necessity
Mistake of Fact
Mistake of Law
Entrapment

31
Q

Insanity

A

. **Formulations:
1) M’Naughten Rule: right/Wrong test: entitled to acquittal if disease of mind, caused a defect or reason, lacked ability to know wrongfulness or understand the nature and quality of their actions. Delusions or belief of moral rightness are not defenses
2) Irresistible Impulse test: unable to control their actions of conform their conduct to the law
3) Durham/NH test: the crime was product of mental illness
4) ALI or MPC: lacked substantial capacity to either 1) appreciate the criminality of conduct or 2) conform conduct to requirements of law-combination of M’Naughten and Irresistible Impulse
*WISCONSIN: MPC application

32
Q

Intoxication

A

. May be caused by any substance and raised whenever it negates the element of intent for a crime
. Voluntary Intoxication: result of the intentional taking without duress of a substance,
. Specific Intent Crimes: can be offered to specific intent crimes if the crime requires purpose or knowledge, but do not negate general intent, malice or strict liability
. Cannot purposefully become intoxicated to establish defense
. Addicts and Alcoholics: considered voluntarily intoxicated
. Involuntarily Intoxicated: without knowledge of nature, under direct duress imposed by another, or pursuant to medical advice
. Treated as a mental illness, so can be a defense to all crimes
. Examples: slipped drug, or gun to head to drink

33
Q

Infancy

A

. CL no liability for act committed under age 7
. 7-14 rebuttable presumption child was unable to understand lawfulness of their acts

34
Q

Self-Defense

A

. Defendant committed act but should not be punished bc the circumstances justified the action
. Depends on immediacy of threat
. Nondeadly force: may use force a reasonably believes is necessary
. Deadly force: if the person is
1) Without fault
2) Confronted with unlawful force and
3) Believes imminent death or great bodily harm
. Duty to Retreat:
. Majority: no duty
. Minority: requires retreat if the victim can safely do so unless: in own home, while making a lawful arrest, or assailant is robbing victim
. Right of Aggressor: must withdraw and communicate their desire to do so, or other person escalates from a minor to major fight
. Defense of others: right if they reasonably believe they the athe legal right to use force, do not need special relationship, just a reasonable appearance of right to use force
. Dwelling: may use nondeadly force if conduct is necessary of unlawful entry. Deadly force can be used only for violent entry and prevent personal attack

35
Q

Duress

A

. Defense to crime other tan intentional homicide that the defendant reasonably believed another person would imminently inflict death or great bodily injury
. Threats to property: not sufficient- MPC: allows for if the value of the property outweighs the harm done to society
. Wisconsin: duress is called coercion- threats to harm third parties beyond the immediate family are sufficient to establish defense

36
Q

Necessity

A

. Defense that the person reasonably believed that the commission of a crime was necessary to avoid imminent and greater injury to society
. Objective- good faith belief not sufficient
. CL & Wisconsin: pressure producing choice of evils had to come from natural forces
. Modern: no natural forces requirement
. Limitation: Death is never justified, fault: not available if d created the situation, duress always involves another person

37
Q

Mistake of Fact**

A

. Relevant to liability only if it shows the d lacked the state of mind required for crime
. Cannot be strict liability
. Reasonableness: if mistake is offered to disprove specific intent the mistake (I thought the umbrella was mine)
. If offered to prove any other state of mind: it must have been a reasonable mistake
. Mistake is usually raised to crime that has been completed and there was NO INTENT to commit a crime

38
Q

Mistake of Law

A

. Not a defense that the defendant believed their activity would not be a crime even if reasonable and based on advice of an attorney

39
Q

Entrapment**

A

. If intent to commit the crime originated not with defendant but law enforcement and d was not predisposed to commit he crime prior to contact with law enforcement
. Merely providing the opportunity it is not a valid defense
. any time undercover, discuss but hard to establish and almost always wrong

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