Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Bar Prep > Criminal Law > Flashcards

Criminal Law Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

Essential Elements of a Crime

A

Actus Reus: Criminal Act
**Mens Rea: **Mental State
Causation: There must be a causal connection between the Defendant’s physical act or failure to act and the harmful result.
**Concurrence: **The requisite mental state must be present at the same time as the physical act consituting the crime occurs.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Mens Rea

A

Defendant must have committed the offense with a culpable state of mind. However, the defendant need not know that their conduct is illegal to be guilty of a crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

4 Mental State types of Crime

A

At common law, one of the four following mental states need be proven depending on the crime comitted:
1) Specific Intent
2) Malice
3) General Intent
4) Strict Liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Specific Intent Crimes

A

FIAT AKA the specific intent crimes
1. First Degree Murder
2. Inchoate Crimes
3. Aassult with intent to commit battery
4. Theft

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Inchoate Crimes (requiring specific intent)

A

Attempt, Solicitation, Conspiracy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Malice (state of mind requirement)

A

The intent necessary for malice crimes require an obvious disregard of an obvious or high risk that the particular harmful result will occur. Defenses to specific intent crime DO NOT apply to malice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Malice Crimes

A

Common Law Murder (depraved heart murder) & Arson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

General Intent Crimes:

A

Catch-all, requires the defendant intended to commit an act prohibited by law.
1. Battery
2. Rape
3. Manslaughter
4. Kidnapping; AND
5. False imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Strict Liability

A

Strict liability requires only that the defendant voluntarily committed the actus reus. Defenses that negate state of mind are NOT available.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Strict Liability Crimes

A

1) Statutory Rape;
2) Selling liquor to minors;
3) Bigamy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Model Penal Code Intent Categories

A
  1. Purposely: Defendant’s conscious objective is to engage in the conduct or cause a certain result.
  2. Knowingly or Willingly: Defendant is aware his conduct is of the nature required by the crime.
  3. Recklessly: Acts with a conscious disregard of substantial and unjustifiable risk
  4. Negligently: Fails to perceive a substantial and unjustifiable risk
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Homicide: Common Law Murder

A

Intentional killing of another human being with malice aforethought. Malice aforethought exists if there are NO facts reducing the killing to voluntary manslaughter AND it committed wiht one of the following states of mind:
1. Intent to kill;
2. Intent to inflict great bodily injury;
3. Reckless indifference to an unjustifiably high risk to human life
4. Intent to commit a dangerous felony (felony murder)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Voluntary Manslaughter (Heat of Passion)

A

Voluntary manslaughter is a killing that would be murder BUT FOR the existence of adequate provocation. provocation is only adequate if:
(1) It was a provocation that would arouse sudden and intense passion in the mid of an ordinary person, causing him to lose self-control; AND
(2) There was NOT a sufficient time for a reasonable person to cool off.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Involuntary Manslaughter

A

The unintentional killing committed with:
(A) Criminal negligence OR;
(i) criminal negligence requires a grossly negligent action that puts another at a serious risk of severe bodily harm or death.
(B) During an unlawful act (that is not a BAARK felony or is a misdemeanor)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

First Degree Murder

A

Generally, murder is 2nd degree unless statutory aggravating circumstances:
(1) Premeditation: The murder was deliberate and premeditated, if the Defendant made the decision to kill in a cool and dispassionate manner (even for a few seconds) it is 1st degree murder.
(2) **Felony Murder: ** Death occurred during the comission of an inherently dangerous felony (BARRK).
(3) Heinuous Murder: Murder is performed in a certain way

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Felony Murder Rule

A

Any death caused in the commission of, or in the attempt to commit, a felony is murder.
(1) Defednant must have committed or attempted to commit the underlying felony.
(2) The felony must be distinct from the killing itself.
(3) The death must have been a foreseeable result of the felony.
(4) The death must have been caused before the Defendant’s immediate flight when the felony ended. (I.e., before theyre in a safe place).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Causation of Homicide

A

To be liable for homicide, the Defendant’s conduct must be the cause-in-fact and the proximate cause of the victim’s death.
(1)** Cause in fact:** A defendant’s conduct is the cause-in-fact of the victim’s death if the death would not have orccurred but for the defendant’s conduct.
(2) Proximate Cause: A Defendant’s conduct is the proximate cause of the victim’s death if the death is a natural and probable consequence of the Defendant’s conduct.
NOTE: A third party’s negligent medical care and victim’s refusal of medical treatment are both considered foreseeable, and the defendant is** liable.**

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Battery

A
  1. Unlawful
  2. Application of Force
  3. To the Person of Another
  4. That results in bodily harm or** offensive** contact.
  5. Remember, battery is a **general intent crime **(intent to cause injury is NOT necessary)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Assualt

A

Assault is either:
(1) An attempt to commit a battery; OR
(2) Placing another in apprehension of imminent bodily harm.
If there has been physical contact there can only be a battery not an assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

False Imprisonment

A

1) Unlawful
2) Confinement
3) Without valid consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Kidnapping

A

Modern Statutes define kidnapping as unlawful confinement of a person that involves either:
(1) some movement of the victim
(2) hiding the victim

General intent crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Rape

A

Common law rape
1. Unlawful sexual intercourse
2. With a female
3. Against her will by force or threat of force

Modern rape statute:
Does not have to involve a woman
Can occur without threat or force (i.e., involuntary intoxication)
Can involve activity other than penetrative sex

23
Q

Statutory Rape

A

Requires only that there is sexual intercourse with a person who is underage.

24
Q

Larceny

A

1) A taking;
2) And carrying away;
3) Of the personal property of another;
4) Without consent;
5) With the intent to permanently deprive

25
Q

Embezzlement

A

1) The fraudulent conversion;
2) Of the personal property of another;
3) By a person in lawful custody of that property

26
Q

False Pretences

A

1) Obtaining title;
2) To the personal property of another;
3) By an intentional false representation;
4) Of material past or present fact(not opinion);
5) With intent to defraud

27
Q

Larceny by Trick

A

Occurs when the defendant obtains possesion or control (NOT TITLE) of the victim’s property by misrepresentation. Same as false pretences but no title.

28
Q

Difference between larceny by trick and false pretences

A

False Pretences = TITLE
Larceny by Trick = Possesion or Custody

29
Q

Robbery

A
  1. A taking and carrying away;
  2. Of the personal property of another;
  3. From the other’s person or presence;
  4. By Threat of force or by force;
  5. With the intent to permanently deprive.
30
Q

Reciept of Stolen Property

A
  1. Receiving possesion and control;
  2. Of Stolen personal property
  3. Known to have been obtained in an unlawful manner
  4. By another person
  5. With the intent to permanently deprive the owner of the property.
31
Q

Burglary

A

1) A Breaking;
2) And entry;
3) Of the dwelling of another;
4) At nighttime;
5) With the intent to commit a felony within the structure.

32
Q

Arson

A
33
Q
A

1) The malicious;
2) Burning;
(i) must damage the structure
3) Of the dwelling of another

34
Q

Attempt (inchoate crimes)

A

An attempt requires:
(1) The specific intent to perpetrate a crime;
(2) An overt act beyond mere preparation that falls short of completing the crime;
Merger: Attempt merges with the underlying crime, meaning a person cannot be convicted of attempt and the underlying crime.

35
Q

Solicitation

A
  1. Requesting another to commit a crime.
  2. With the intent that the person solicited commit the crime
    In most jurisdictions merges with the substantive offense.
36
Q

Conspiracy

A
  1. An agreement between 2 or more persons;
  2. To accomplish a criminal objective;
  3. With the Intent to enter into the agreement; AND
  4. With the Intent to commit the criminal objective

Majority of states require an overt act in furterance of the criminal objective.

37
Q

Co-Conspirator Liability

A

A conspirator may be held liable for crimes committed by their co-conspirators if the crimes were:
1) Committed in furtherance of the criminal objective; AND
2) Foreseeable.

38
Q

Termination of a Conspiracy

A

A conspiracy terminates upon completion of the criminal objective. All acts or statements made after termination are inadmissible against a co-conspirator.

39
Q

Withdrawal from Conspiracy

A

Withdrawal may be a defense to crimes committed in furtherance of the conspiracy, HOWEVER withdrawal is NOT a defense to the conspiracy itself UNLESS:
1) The conspirator performs an affirmative act that notifies all members of the conspiracy of their withdrawal;
2) Gives notice in time for members to abandon thier plan; AND
3) Attempts to neutralize their assitance if they provided any

40
Q

Principal, Accomplice, and Accessory After the Fact Liability

A

There are three potential parties to a crime:
Principal:The person who commits the criminal act;
Accomplice:The person who aids or encourages the principal to commit the illegal conduct.
Accessory After the Fact: An accessory after the fact is a person who aids another to escape knowing they have committed a felony.
AATF is only liable for the less serious offense of accessory after the fact (no accomplice liability).

An accomplice is liable for all crimes the principal committed AND all other crimes that were a probable or foreseeable result, if the accomplice:
(1) Aids, abets, or facilitates the commission of a crime committed by the principal
(2) With the intent that the crime be committed

41
Q

Accomplice withdrawal

A

Withdrawal is a valid defense to accomplice liability if the accomplice withdraws his involvement BEFORE the crime becomes unstoppable. Repudiation is sufficient withdrawal for mere encouragement, if the accomplice’s involvement went beyond mere encouragement, the accomplice must attempt to neutralize his assistance for the withdrawal to be sufficient.

42
Q

Insanity

A

A defendant may be entitled to an acquittal if, at the time of the crime, the defendant was legally insane. There are four formulations of the insanity test.

42
Q

Fitness to stand trial

A

A criminal defendant must be competent to stand trial. Defendant must have:
(1) sufficient present ability to consult with their lawyer with a **reasonable **degree of rational understanding; AND
(2) A rational as well as factual understanding of the proceedings against him.

42
Q

Durham Test

A

But for the defendant’s mental illness, the unlawful act would not have been committed.

42
Q

MPC Insanity

A

Because of a mental illness, the defendant did NOT have substantial capacity:
(1) to appreciate the wrongfulness of the unlawful act; OR
(2) To conform his conduct to the requirements of the law

42
Q

M’Naghten Rule

A

Because of a mentall illness or defect, the defendant did not know:
(1) The nature and quality of the unawful act; OR
(2) the wrongfulness of the unlawful act

42
Q

Irrestible Impulse Test

A

Under this test, the defendant lacked the capacity:
(1) For self-control and free choice; OR
(2) To conform his conduct under the requirements of the law

43
Q

Self-Defense

A

Nondeadly force: A person may without fault use nondeadly force in self-defense if they:
(1) Are confronted with unlawful force; AND
(2) Reasonably believe that it is necessary to protect them from the imminent use of unlawful force on herself

Deadly Force:A person, without fault may use deadly force in self defense if they are:
(1) Confronted with unlawful force; AND
(2) Reasonably believe that they are threatened with imminent death or great bodily harm

43
Q

Duty to Retreat

A

In a minority of jurisdictions, a person MUST retreat before using deadly force if the victim can safely do so, unless:
(1) The attack occurs in the victim’s own home;
(2) The attack occurs while the victim is making a lawful arrest; OR
(3) The assailant is in the process of robbing the victim

44
Q

Intoxication Defense

A

Voluntary Intoxication: A valid defense to specific intent crimes ONLY if the voluntary intoxication prevents the general formation of the required intent.

Involuntary Intoxication: A valid defense to ALL crimes if the intoxication serves to negate an element of the crime.

45
Q

Imperfect Self-Defense

A

Can reduce a murder charge to voluntary manslaughter if the defendant kills another based on an honest but unreasonable belief the use of deadly force was necesssary to prevent death or serious bodily harm.

46
Q

Duress

A

The defense of duress is available to the defendant if the defendant reasonably believed that another person would imminently inflict great death or bodily harm upon him or a family member if he did not commit the crime.

47
Q

Mistake or Ignorance of Fact

A

Mistake of fact is a defense that shows the defendant lacked the state of mind required for the crime.

If a specific-intent crime = Mistake does not need to have been reasonable

General intent crime/malice crime = mistake had to have been reasonable

Strict liability = irrelevant

Bar Prep (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions