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criminal law Flashcards

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1
Q

United States Jurisdiction

A

Crimes that occur:
-anywhere inside US territory
-on ships or naval bases
-by US nationals abroad

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2
Q

States Jurisdiction

A

-Only crimes that have a connection to the sate
-Crimes that occur WHOLE or IN-PART inside the state
-A CONSPIRACY for if an OVERT ACT occurred within the state

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3
Q

Actus Reus

A

-Voluntary act (motor control over physical action)
-Failure to act, if statutory duty or assumption of duty or creating a danger/failing to mitigate the harm

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4
Q

Mens Rea (CL)

A
  • Specific Intent: D committed AR, for the very purpose of causing the specified crime (FIAT)
  • Malice: D acts in RECKLESS DISREGARD of a HIGH DEGREE of harm (Arson/Murder < 1st)
  • General Intent: Intent to perform an act, and act is unlawful (MPC Knowingly, Recklessly, or Negligently)
  • Strict Liability: no state of mind required
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5
Q

Mens Rea (MPC)

A
  • Purposefully: D’s conscious objective is to engage in the conduct or cause a certain result
  • Knowingly/willfully: D is aware that his conduct is of the nature required to commit the crime and that the result is practically certain to occur
    *Recklessly: D acts with a CONSCIOUS DISREGARD of a SUBSTANTIAL and UNJUSTIFIABLE RISK that constitutes a gross deviation from standard conduct
  • Negligently: Defendant 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
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6
Q

Merger

A
  • Merges 1) lesser included offenses and 2) inchoate with completed offenses
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7
Q

Children ages

A

<7 not capable of crime
7<x<14 rebuttable presumption of not capable
>14 fully capable

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8
Q

Accomplice

A
  • Assists the principle either BEFORE or DURING commission of a crime
  • Must act w/ INTENT of assisting principle
    *Liable for PLANNED crime, as well as any FORESEEABLE crimes that occur w/in the course of the criminal act
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9
Q

Accessory After the Fact

A
  • Assists the principle AFTER the crime has been committed
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10
Q

Parties to a Crime

A
  • Principle: Person who actually commits the actus reus of the crime
  • Accomplice: Person who aids or abets the principal prior to or during the crime (Must intend to help the principal commit the crime and intend that the principal commit the crime that is charged (DUAL INTENT))
  • Accessory After the Fact: Aids a felon to avoid apprehension after the felony is committed. To be guilty, the person must know the felony was committed
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11
Q

Mistake of Law

A
  • Mistake about what the law forbids/permits
  • Cannot be ignorance
  • Include:
    -Reliance on high-level gov interpretations
    -Lack of notice
    -Mistake that goes to an element of specific intent (FIAT)
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12
Q

Mistake of Fact

A
  • Strict Liability: Never a defense
  • General Intent: A defense ONLY if the mistake is Reasonable and Goes to the criminal intent
  • Specific Intent: A defense EVEN if unreasonable
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13
Q

Insanity (M’Naghten)

A

Defendant either 1) did not know the nature of the act 2) OR did not know that the act was wrong

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14
Q

Insanity (Irresistible Impulse)

A

Defendant has a mental disease or defect that prevents the defendant from controlling himself

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15
Q

Insanity (Durham Rule)

A

Defendant would not have committed the crime BUT FOR his having a mental disease
* Rarely used now since too D friendly

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16
Q

Insanity (MPC)

A

1) Due to a mental disease or defect,
2) D did not have Substantial Capacity to appreciate the wrongfulness of his actions or to conform his conduct to the law
* Insanity burdens, generally: D bears burden of proving w/ preponderance of evidence

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17
Q

Voluntary Intoxication

A
  • Defense ONLY to Specific Intent crimes and ONLY if the intoxication prevented the specific mens rea
  • Not valid if purpose of intoxication was to defeat mens rea (got hammered so it would be easier to pull the trigger)
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18
Q

Involuntary Intoxication

A
  • Valid defense across the board, if it nullifies requisite Mens Rea
  • Occurs when doesn’t realize she received intoxicating substance, is coerced into taking substance, has an unexpected reaction to prescription meds
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19
Q

Conspiracy (CL)

A

Elements:
1) An agreement
3) Between 2 or more parties
3) To commit an unlawful act (CL)
**Performance of an overt act in furtherance of the conspiracy (Modern Statutes add the 4th element)

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20
Q

Scope of a Conspiracy

A
  • Each co-conspirator can be convicted of:
  • a conspiracy, and
  • all substantive crimes committed by any other conspirator acting in furtherance of the conspiracy
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21
Q

Chain Conspiracy

A
  • Co-conspirators are engaged in an enterprise consisting of many steps
  • Each participant is liable for the substantive crimes of his co-conspirators
    **Chain of conspiracy to distribute drugs
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22
Q

Spoke-Hub Conspiracy

A
  • Involves many people dealing with a central hub
  • Participants are NOT liable for the substantive crimes of their co-cons because each spoke is treated as a separate agreement rather than one larger general agreement
    **Dirty pawn shop operation that burglars know is dirty, burglars not liable for every other burglar’s burglary
23
Q

Withdrawal from Conspiracy

A
  • CL: Impossible
  • Fed/MPC: Can withdraw prior to commission of any overt act by communicating intent to withdraw to all other co-cons OR by informing law enforcement
    -After overt act, Can only withdraw by helping to thwart
24
Q

Attempt

A

Requires:
1) Specific Intent to commit a particular act
2) AND a substantial step towards perpetrating the crime
**Specific intent crime, even if the attempted crime is general intent

25
Q

Solicitation

A
  • Occurs when D intentionally asks, etc. another person to commit a crime
  • If person agrees, then conspiracy and soli is merged
26
Q

Solicitation

A
  • Occurs when D intentionally asks, etc. another person to commit a crime
  • If person agrees, then conspiracy and soli is merged
27
Q

Homicide, generally

A
  • The killing of another person by another person
  • There must be actual cause and proximate cause between D’s actions and V’s death
    -Actual: But for
    -Proximate: D’s act is a foreseeable cause of V’s death (Independent actions by a third person are generally not a foreseeable cause)
28
Q

1st Degree Murder

A
  • Deliberate and Premeditated murder
  • Also a killing that results during commission of inherently dangerous felony
    **Not the default, will be explicitly stated on MBE
29
Q

Common Law Murder

A
  • Unlawful killing of another person committed with Malice Aforethought (not lawful killing, like self-defense)
  • 4 Types of Malice Aforethought:
    -Intent to kill
    -Intent to Inflict Serious Bodily Harm
    -Abandoned Malignant Heart/Depraved Heart
    -Felony Murder
30
Q

Malice, Intent to Kill

A

D acted with the desire that V end up dead

31
Q

Malice, Intent to Inflict Serious Bodily Harm

A

D intended to hurt V badly, and V died

32
Q

Malice, Depraved/Abandoned Malignant Heart

A
  • D acted with a cavalier disregard for human life and death occurred
    ** Majority/MPC: D must actually REALIZE that there is a danger
    **Minority: A reasonable person WOULD HAVE REALIZED a danger
33
Q

Malice, Felony Murder

A
  • A death occurred during D’s commission of inherently dangerous felony
  • V’s can include:
    -someone who resists the felony
    -a bystander killed during the felony
    -(minority) a bystander killed by the resistor or a police officer
    -NOT a co-felon
    **BARRK felonies: Burglary, Arson, Rape, Robbery, Kidnapping
34
Q

Voluntary Manslaughter

A
  • Acted under Heat of Passion or under Extreme Emotional Disturbance
  • Acted in a situation where most people would act w/out thinking or w/out time to cool off
35
Q

Involuntary Manslaughter

A
  • Criminally negligent killing or killing of someone while committing non-BARRK crime
    **Traffic death, dog off leash in mandatory-leash area, etc.
    **Remember to address causation
36
Q

Larceny

A

1) Taking (a movement of property, however slight)
2) Another person’s property (tangible only)
3) Without his consent (trespassory)
4) With the intent to permanently deprive

37
Q

Embezzlement

A
  • D has consent to have the property
  • D, through fraud, converts the property to his own use
38
Q

False Pretenses

A
  • The defendant obtains title to the property of another person through reliance of that person
    on a false representation of material fact made by the defendant with the intent to defraud
39
Q

Robbery

A
  • 4 elements of Larceny
    (Plus Assault)
    5) The taking occurs from V’s person or presence
    6) Either by violence or putting V in fear of imminent physical harm
40
Q

Extortion

A
  • Involves threats of future harm (physical or non)
    ** Variation of Robbery
41
Q

Burglary (CL)

A
  • Breaking and Entering
  • The Property of Another
  • With the Specific Intent to commit a Felony therein
42
Q

Battery

A

1) Unlawful
2) Application of Force on another person
3) That causes 1) bodily harm or 2) an offensive touching

43
Q

Assault w/ Attempted Battery

A

*D takes a substantial step towards completing a battery, but fails to complete the battery
** Specific-Intent crime

44
Q

Assault w/ Fear of Harm

A
  • Intentionally placing another in fear of imminent bodily harm
    ** General Intent crime
45
Q

Rape

A
  • Generally (varies by statute), unlawful, un-consensual, sexual intercourse, with another
46
Q

Kidnapping

A

1) Unlawful Confinement of another person
2) Against their will
3) Either by 1) moving V or 2) hiding V

47
Q

Arson (CL)

A

1) Malicious
2) Burning
3) Of a building (another’s dwelling at CL, any building at Modern Statute)

48
Q

Self-Defense, non deadly force

A

V may use non-deadly force any time he reasonably fears imminent unlawful harm

49
Q

Self-Defense, deadly force

A

V may use deadly force only if he reasonably believes that deadly force will be used against him (or serious bodily harm under MCP)

50
Q

Duty to Retreat

A
  • Majority: Retreat NOT required even when entitled to use deadly force
  • Minority: Retreat IS required if safe to do so
51
Q

Duress

A
  • D committed the crime only because he was threatened by third party and reasonably believed the only way to avoid death/severe injury was to commit the crime
  • Defense for ALL crimes EXCEPT intentional murder
52
Q

Incompetency

A

1) Whether the defendant comprehends the nature of the proceedings against him; and
2) Whether the defendant has the ability to consult with a lawyer with a reasonable degree of rational understanding.

53
Q

Defenses to Felony Murder

A
  • If the death was unforeseeable, then the FMR will not apply.
  • Point of Safety: If the felony is complete and the defendant has reached a place of
    safety, the FMR will not apply to deaths that occur after reaching the place of safety.
54
Q
A

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