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Criminal Law & Procedure > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

where does the U.S. have jurisdiction to prosecute crimes?

A
  • anywhere inside the US
  • ships and planes
  • committed by US nationals abroad
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2
Q

where do states have jurisdiction to prosecute crimes?

A
  • a crime that occurs in whole or part in the state
  • conduct outside the state that involed an attempt to commit a crime inside the state
  • conspiracy to commit a crime if an overt act occurred within the state
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3
Q

what does a “voluntary act” for actus reus mean?

A
  • D had motor control over the act
  • D does not necessarily mean D wanted to do it
  • involuntary = actions done while sleeping
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4
Q

when is the failure to act sufficient for actus reus?

A
  • failure to comply with a statutory duty (e.g. file tax return)
  • special relationship between D and V (e.g. parent child)
  • voluntarily assumsing a duty of care that is caste aside
  • D causes a danger and fails to mitigate harm to V caused by the peril
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5
Q

specific intent crimes

A

specific itent: D committed the actus reus and did it for the very purpose of causing the result that the law criminalizes
* First degree murder
* Inchoate crimes - Conspiracy, ATtempt, Soliciation
* Assault with attempt to commit a battery
* Theft offenses (larceny, embezzlement, forgery, burglary, and robbery)

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6
Q

malice crimes

A

malice = D acts in reckless disregard of a high degree of harm
* arson
* murder (besides first degree murder)

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7
Q

general intent

A

general intent = intent to perform an act, and the act is unlawful. catchall for everything not malice or specific intent.
* acts done knowingly, recklessly, or negligently under the MPC
* examples: manslaughter, battery, kidnapping, rape, false imprisonment

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8
Q

strict liability

A

strict liability = no state of mind required, D must merely have committed the act
* statutory offenses - food labeling requirements
* moral offenses - statutory rape

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9
Q

MPC mens rea

A
  • purposely - D’s conscious objective is to engage in the conduct or cause a certain result
  • knowingly or willfully - D aware that his conduct is of the nature required to commit the crime and the result is practically certain to occur based on conduct
  • recklessly - D acts with conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of conduct of a law-abiding person
  • negligently - D should be aware of a substantial and unjustifiable risk and acts in a way that grossly deviates from the standard of care of a reasonable person in the same situation
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10
Q

transferred intent doctrine

A
  • When D has requisite mens rea for committing a crime against Victim A, but actually commits the crime against Victim B, the law transfers the intent from Victim A over to Victim B
  • does NOT apply to attempt crimes, only to completed crimes
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11
Q

merger

A
  • d can be convicted of more than one crime arising out of the same act
  • d cannot be convicted of two crimes when the two crimes merge into one. merger when:
  • 1) lesser included offenses (offense in which each of its elements appears in another offense, but the other offense has something additional)
  • 2) the merger of an inchoate and completed offense (attempt + solicitation merge into completed crime but conspiracy does NOT merge into completed crime)
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12
Q

can D be charged with the felony during which a felony murder occured separately from the felony murder?

A

No. In most jurisdictions, the underlying felony (e.g. robbery) merges into felony murder. This means that a defendant convicted of felony murder cannot also be convicted of the underlying felony.

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13
Q

first degree murder

A

deliberate and premeditated murder (or a killing that results during the commission of an inherently dangerous felony)
* premeditated: D had enough time to reflect on the idea of, or plan the killing (can be as brief as a second)
* deliberate: D made the decision to kill in a cool and dispassionate manner

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14
Q

common-law murder

A
  • common-law murder: unlawful killing of another human being committed with malice aforethought.
  • malice aforethought:
  • 1) intent to kill - D acted with the desire that V die
  • 2) intent to inflict great bodily injury
  • 3) reckless indifference to unjustifiably high risk to human life (depraved-heart killing) - D realized conduct risky but no intent regarding outcome of actions (majority - D must actually realize danger, minority - reasonable person would realize danger)
  • 4) felony murder (way to find malice for CL murder)
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15
Q

second degree murder

A

statutory version of common law murder

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16
Q

consent to rape obtained by fraud

A
  • Fraud in factum – when consent is obtained by fraud regarding the nature of the act itself, leaving the victim unaware that he/she consented to sexual intercourse and negating the victim’s consent
  • Fraud in the inducement – when consent is obtained by fraud regarding what the victim knows is an act of sexual intercourse, which does NOT negate the victim’s consent
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17
Q

criminal assault

A
  • Attempted battery – D has the specific intent to commit, and takes a substantial step toward committing, a battery
  • “Fear of harm” assault (i.e., apprehension assault) – D intentionally places another in reasonable apprehension of imminent harmful or offensive contact
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18
Q

what crimes might merge into robbery as lesser included offenses?

A
  • larceny
  • battery
  • assault
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19
Q

Arson

A
  • malicious (intent to act in a way that will cause burning, or substantially likely to do so)
  • burning
  • of another person’s (modern - burning your own home counts)
  • dwelling (CL = dwelling only, modern = commercial building counts)
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20
Q

larceny by trick

A
  • unlawful taking + carrying away of another’s property
  • with specific intent to steal
  • by a known misrepresentation
  • used to obtain possession
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21
Q

false pretenses

A
  • unlawful taking + carrying away of another’s property
  • with specific intent to steal
  • by a known misrepresentation with intent to defraud
  • V relied on misrepresentation
  • used to obtain title
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22
Q

embezzlement

A
  • variation of larceny
  • D starts wout having V’s consent to have the property but commits embezzlement by converting the property to his own use
  • fraudulent
  • conversion
  • of the property of another
  • by a person who is in lawful possession of the property
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23
Q

larceny

A
  • taking + carrying away
  • of another’s property
  • without consent (trespassory)
  • with specific intent to deprive him of it permanently
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24
Q

extortion

A
  • unlawful taking + carrying away of another’s property
  • without consent
  • with specific intent to deprive him of it permanently
  • taking occurs from V’s person or in his presence
  • threat of future harm (including non-physical harm)
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25
Q

forgery

A

Forgery is:
(1) the making (creating a document, altering a document, or fraudulently inducing another to sign a document when that person is unaware of the significance of the document)
2) of a false writing of apparent legal significance
(2) with the specific intent to defraud

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26
Q

burglary (modern law)

A
  • breaking (or obtaining entry by fraud) and
  • entering
  • the property
  • of another
  • with the specific intent to commit a felony inside
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27
Q

burglary (common law)

A
  • breaking (or obtaining entry by fraud) and
  • entering
  • the dwelling (can be a specific part of the house that you were not given permission to enter)
  • of another
  • at night
  • with the specific intent to commit a felony once inside
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28
Q

robbery

A

1) larceny
* taking + carrying away
* of another’s property
* without consent
* with specific intent to deprive him of it permanently
2) taking occurs from V’s person or in his presence (person or presence)
3) by force or intimidation (i.e. battery or assault) (can include giving a victim drugs in order to induce unconsciousness)

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29
Q

kidnapping

A
  • unlawful
  • confinement of another person
  • against that person’s will
  • either by moving or hiding the victim
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30
Q

If a kidnapping occurs incident to commission of another offense, when can the kidnapping be charged in addition to the other offense?

A

If a kidnapping occurs incident to the commission of another offense, then the movement of the victim must be more than is necessary to complete the other offense.

31
Q

Bigamy

A

A strict-liability offense (with respect to marital status), bigamy is the act of marrying someone while still legally married to someone else. Common law considered a defendant guilty even when the defendant incorrectly believed that an alleged divorce was valid or that his spouse was dead.

32
Q

conspiracy

A
  • an agreement
  • between two or more people (CL: both parties agree, MPC: only D must actually agree)
  • to commit an **unlawful act **
  • with specific intent to agree and commit the criminal objective
  • modern only: performance of an overt act in furtherance of the conspiracy (need not be unlawful)
33
Q

what crimes can co-conspirators be convicted of?

A
  • conspiracy AND
  • all substantive crimes committed by any other conspirator acting in furtherance of the conspiracy
34
Q

withdrawal from a conspiracy

A
  • CL: not possible to withdraw bc crime is completed the moment the agreement is made
  • MPC: conspirator can withdraw
  • a) prior to the commission of any overt act –> by communicating her intention to withdraw to all other conspirators or by informing law enforcement
  • b) after an overt act –> by helping to thwart the success of the conspiracy
35
Q

attempt

A
  • specific intent to commit a particular criminal act and
  • substantial step towards perpetrating the crime (mere preparation does not constitute a substantial step)

specifict intent crime (even when underlying crime is general intent)

merges into completed crime

36
Q

defenses to attempt

A
  • attempt = specific intent crime so specific intent defenses can be used even if underlying crime is general intent
  • mistake of fact (reasonable or unreasonable)
  • voluntary intoxication if it negated the required mens rea
37
Q

accomplice liability

A
  • aids or abets another (i.e., the principal) (e.g. slight aid, encouragement, but NOT simply knowing and benefiting from it)
  • before or during a crime
  • with the specific intent that the encouraged crime be completed

–> accomplice = liable for the crime AND other crimes that are the natural and probable consequence (foreseeable) of accomplice’s conduct

withdrawal:
* repudiate prior aid
* do everything possible to countermand prior assistance
* before chain of events is in motion and unstoppable

38
Q

Does the principal have to have been convicted of the crime to expose their accomplices to prosecution?

A

Under the modern majority view, an accomplice may be convicted of a crime even if the principal is not tried, is not convicted, has received immunity from prosecution, or is acquitted.

39
Q

If you try to shoot A but actually shoot B can you be convicted of both attempted murder of A and murder of B

A

Yes.

40
Q

Pinkerton Rule

A

And under the Pinkerton Rule, a conspirator can be convicted of any foreseeable crimes committed by a co-conspirator in furtherance of the conspiracy

41
Q

would a person who commits burglary but not the underlying felony also be guilty of attempted burglary?

A

Yes. Common law burglary is complete when the defendant unlawfully breaks and enters a dwelling at night with the intent to commit a felony therein. Commission of the underlying felony is unnecessary. However, a burglary defendant who fails to complete the underlying felony is also guilty of the attempted commission of that felony.

42
Q

underlying felonies (for felony murder)

A
  • Burglary
  • Arson
  • Rape
  • Robery
  • Kidnapping
43
Q

felony murder

A
  • unintended and foreseeable killing
  • proximately caused by and
  • during the commission or attempted commission of
  • an inherently dangerous felony.
44
Q

felony murder - agency theory (majority rule)

A

agency theory (majority rule) – the defendant is responsible for deaths caused by cofelons only (not deaths caused by victims or cops)

45
Q

felony murder - proximate cause theory (minority rule)

A

proximate cause theory (minority rule) – the defendant is responsible for any foreseeable deaths caused by any person (e.g., cofelon, police, bystander)

46
Q

felony murder - point of safety

A

If killing occurs after the commission of the felony is complete and D has reached a point of safety, the FMR will not apply.

47
Q

self defense - deadly force

A
  • a victim entitled to use deadly force only if he reasonably believes that deadly force will be used against him
  • MPC only: of reasonbly believes that the crime will result in serious bodily injury
48
Q

Imperfect self defense - requirements and result if successful in asserting

A
  • requirements: unreasonable but honest belief that other person’s actions represent an immediate threat
  • reduces crime from murder –> involuntary manslaughter
49
Q

self defense - non-deadly force

A
  • V entitled to use reasonable non-deadly force any time he reasonably fears a threat of unlawful harm
50
Q

what crimes can co-conspirators be convicted of?

A
  • conspiracy AND
  • all substantive crimes committed by any other conspirator acting in furtherance of the conspiracy
51
Q

Duress

A
  • third party’s unlawful threat
  • causes D to **reasonably believe ** (subjective and objective) that the only way to avoid
  • death or serious bodily harm to himself or others was to commit the crime
  • defense to all crimes EXCEPT murder (but could avoid felony murder by asserting duress to underlying felony)
52
Q

Necessity

A
  • defense available in response to natural forces (i.e. the lesser of two evils)
53
Q

homicide

A
  • definition: the killing of a living human being by another human being
  • animal cannot commit homicide or be the victim of homicide
  • victim cannot already be dead
  • suidice is not homicide, but assisting suiciding can be homicide
54
Q

battery

A
  • intentional
  • unlawful
  • application of force
  • to another person
  • that causes bodily harm OR an offensive touching
    general intent crime
55
Q

rape

A
  • unlawful
  • sexual intercourse
  • with a female (CL only)
  • against her will by force or threat (CL) or lack of consent (modern)
56
Q

is attempted rape a specific or general intent crime? what mens rea is required to convict of attempted rape?

A
  • attempted rape is a specific intent crime (even though rape is a general intent crime)
  • the perpetrator’s belief that the victim consented negates specific intent required for attempted rape
57
Q

voluntary manslaughter

A

D intends to kill the victim, but his state of mind is less blameworthy than murder (e.g. acted in the “heat of passion” or “under extreme emotional disturbance”)
* 1) provocation that would arouse a sudden/intnse passion in the mind of an ordinary (reasonable) person
* 2) D must have actually been provoked
* 3) not sufficient time for a reasonable person to cool off
* 4) D did not actually cool off

Imperfect self defense: D’s use of deadly force was inappropriate but D believed such force was appropriate

58
Q

involuntary manslaughter

A
  • a criminally negligent killing or
  • killing of someone while committing a crime other than those covered by felony murder (i.e. misdemeanor manslaughter)
59
Q

perjury

A
  • willful act of falsely promising to tell the truth, either verbally or in writing, about material matters
  • person must intend to say something false
60
Q

bribery

A
  • CL: corrupt payment of something of value for purposes of influencing an official in the discharge of his official duties
  • Modern: expands beyond public officials
  • offering and receiving a bribe are both felonies
61
Q

What are the four insanity rules?

A
  • M’Naghten Rule
  • Irresistible Impulse Test
  • Durham Rule
  • Model Penal Code Test
62
Q

M’Naghten test for insanity

A

Under the M’Naghten test, the defendant is not guilty if, because of a defect of reason due to a mental disease, the defendant did not know either 1) the nature and quality of the act, OR 2) the wrongfulness of the act.

63
Q

does attempt to do a strict liability crime require mens rea?

A

Yes. Because attempt is a specific intent crime, attempt to do even a strict liability crime requires intent to commit that strict liability crime (e.g. statutory rape).

64
Q

If a statute does not state the culpable mind applicable to all of the material elements of the crime but does state the mens rea applicable to one material element, what mens rea is applicable to the elements for which no mens rea has been specified?

A

If a statute does not state the culpable mind applicable to all material elements of the crime, then the mens rea applicable to one material element is applicable to all material elements unless a contrary purpose plainly appears.

65
Q

solicitation

A
  • asks/encourages third party to commit crime
  • with the intent the third party commit that crime

solicitation merges into completed crime

66
Q

Irresistible Impulse Test

A

D is not guilty if he lacked the capacity for self-control and free choice because a mental disease or defect prevented him from being able to conform his conduct to the law.

67
Q

Durham Rule

A

D not guilty if unlawful act was **product **of the D’s mental disease or defect AND would not have been committed **but for ** the disease or defect.

67
Q

Irresistible Impulse Test

A

D is not guilty if he lacked the capacity for self-control and free choice because a mental disease or defect prevented him from being able to conform his conduct to the law.

68
Q

MPC Test for Insanity

A
  • combination of M’Naghten and irresistible impulse test
  • D not guilty if at the time of the conduct, he, as a result of a mental disease or defect, did not have substantial capcity to appreciate the wrongfulness of the act OR to conform his conduct to the law.
69
Q

voluntary intoxication

A
  • voluntary ingestion of intoxicating substance
  • defense to specific intent crimes IF prevents D from forming the required intent UNLESS D got drunk in order to commit the crime
  • NOT a defense to crimes involving malice, recklessness, negligence, or strict liability
70
Q

involuntary intoxication

A
  • unknowing or forced ingestion of intoxicating substance
  • defense to general and specific intent crimes, and malice crimes when negates mens rea
71
Q

Entrapment

A
  • crime is induced by a government official AND
  • D was not predisposed to commit a crime already
72
Q

receipt of stolen property

A
  • receipt/control of stolen property
  • with knowledge that property is wrongfully taken
  • with intent to permanently deprive the owner of the property
73
Q

Accessory after the fact

A
  • aids a felon to avoid apprehension after the felony is committed AND
  • knows the felony was committed

Criminal Law & Procedure (3 decks)

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