Criminal Law Flashcards
First degree murder is a ______ crime; common-law murder is a _______ crime
specific intent, malice
For a specific-intent crime, _____ mistakes of fact can be a defense. For a general intent crime, _____ mistakes of fact can be a defense
all; only reasonable
True or False: Duress is a defense to all crimes except intentional murder
True
Necessity is a defense available in response to ______
natural force
True or False: General intent crimes require only the intent to perform the act that is unlawful.
True
What is the M’Naghten test?
The M’Naghten test requires that a defendant did not know either the nature of his act or that it was wrong.
What is the Model Penal Code test?
The Model Penal Code test requires that a defendant did not have substantial capacity to appreciate the wrongfulness of his act or to conform his conduct to the law.
True or False: Attempt is a malice crime if the targeted crime is a malice crime.
False
True or False: For battery, the application of force requires an actual physical connection between the defendant and the victim.
False
True or False: Solicitation does not merge into the completed offense.
False
If an individual is charged with a felony, which of the following proceedings does NOT constitute a critical proceeding to which the Sixth Amendment applies?
1) A discretionary appeal
2) A post-indictment interrogation related to the crime
3) A proceeding to enter a guilty plea
4) An evidentiary hearing
A discretionary appeal
True or False: If a defendant’s lawyer is trying to reach the defendant, the police must stop questioning and inform the defendant his lawyer is waiting
False
If a defendant wishes to plead guilty, what is NOT a consequence that the judge must inform the defendant he may suffer?
Inability to receive public housing
True or False: The death penalty may be imposed on a defendant who was 17 at the time of the offense, so long as he is over 18 at the time of execution.
False
True or False: A prosecutor may not comment at trial on a defendant’s pre-Miranda silence in response to police questioning.
False
True or False: In describing items to be seized, it is sufficient to refer in general to fruits, instrumentalities, and evidence of a particular crime.
False
Which of the following is NOT a valid exception to the Exclusionary Rule?
1) Inevitable discovery
2) Attenuation of the causal chain
3) Administrative necessity
4) Independent source rule
Administrative necessity
What is an accomplice liable for?
1) The crime for which he/she provided encouragement or assistance and 2) other crimes committed by the principal that were a natural and probable consequence of the accomplice’s conduct
What are the mental states required for malice aforethought?
- Intent to kill
- Intent to inflict serious bodily injury
- Reckless disregard of an obvious or unjustifiably high risk of causing death or serious bodily injury (depraved heart murder)
- Intent to commit an inherently dangerous felony (felony-murder rule)
What are the inherently dangerous felonies?
BARRK: Burglary, Arson, Rape, Robbery, Kidnapping
What is robbery?
Larceny from the victim’s person or presence by force (battery) or intimidation (assault)
How is common-law arson defined?
The malicious (intentional or reckless) burning of another’s dwelling. *Mere scorching of the walls, smoke damage, and burning of the dwelling’s contents are insufficient to support a common-law arson conviction.
How is common-law burglary defined?
The unlawful breaking and entering of another’s dwelling at nighttime with the specific intent to commit a felony therein. The requisite intent must exist at the time of entry
Define larceny
The unlawful taking and carrying away of another’s personal property with the specific intent to permanently deprive the owner of that property
Define conspiracy under the common law
1) An agreement between two or more persons to accomplish an unlawful purpose 2) with the specific intent to accomplish that purpose. The common law follows the bilateral approach which requires proof of at least two guilty minds. (A defendant cannot be convicted of this crime if the other alleged conspirator merely feigned agreement)
Define solicitation
1) the enticing, encouraging, requesting, or commanding of another person to commit a crime 2) with the specific intent that the other person commit the crime
Murder at common law
The unlawful killing of a human being committed with malice aforethought
When does malice aforethought exist?
If the defendant acts with any of the following mental states: 1) intent to kill, 2) intent to inflict serious bodily injury, 3) reckless indifference to an unjustifiably high risk to human life, or 4) intent to commit a felony
Define voluntary manslaughter
Murder committed in response to adequate provocation (i.e. in the “heat of passion”)
Define involuntary manslaughter
An unintentional homicide committed 1) with criminal negligence or 2) during an unlawful act
Define criminal negligence
A grossly negligent action (or inaction when there is a duty to act) that puts another person at a significant risk of serious bodily injury or death
Explain impossibility
Impossibility is not a valid defense to attempt if the crime attempted is factually impossible to commit due to circumstances unknown to the defendant. If, however, the act intended is not a crime (i.e., a legal impossibility), then the defendant is not guilty of attempt.
