Criminal Law Flashcards by Hannah Friedle

Specific Intent Crimes

first degree murder; inchoate (conspiracy, attempt, solicitation); assault (with attempt to commit a battery); all theft crimes

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Malice Crimes

Arson; common law murder

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Transferred intent apply to attempt?

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Robbery elements (3)

Larceny + use of/threat of force + against a person or within their vicinity

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Inchoate Crimes that Merge

Attempt and solicitation merge into completed offense. Conspiracy does NOT merge

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Conspiracy scope of liability

Co-conspirators are guilty of all substantive crimes committed by any other conspirator acting in FURTHERANCE of the conspiracy

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Conspiracy scope of liability

Co-conspirators are guilty of all substantive crimes committed by any other conspirator acting in FURTHERANCE of the conspiracy

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Withdrawal from conspiracy

CL: impossible
MPC: overt act communicating intention to withdraw and thwarting success of the conspiracy, OR informing law enforcement

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Attempt Elements

(a) Specific intent to commit the underlying crime (b) substantial step (cannot withdraw after substantial step)

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4 kinds of malice aforethought

(a) intent to kill (b) intent to inflict sbi (c) depraved heart (d) felony murder

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Felony Murder Crimes

BARK: burglary, arson, robbery, rape, kidnapping

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Larceny elements

taking possession of another person’s property without consent with the specific intent to deprive them of it permanently

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False pretenses

Obtaining TITLE (and, likely, possession) of another’s property through fraud/deceit

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Embezzlement

Have property initially with consent, but later converts property to own use

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Assault Elements for Robbery

Taking of property occurs from the victim’s person or in her presence; either by violence or fear of imminent physical harm

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CL Burglary Elements

Breaking and entering a dwelling of another at night with the specific intent to commit a felony once inside

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Assault as Attempt to Commit A Battery

Substantial step towards completing a battery, but fails. SPECIFIC INTENT

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Assault as Fear of Harm (criminal)

Intentionally placing another in fear of imminent bodily harm. GENERAL INTENT

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Withdrawal from conspiracy

CL: impossible
MPC: overt act communicating intention to withdraw and thwarting success of the conspiracy, OR informing law enforcement

CL Arson

Malicious burning (fire) of another’s (not your own) dwelling (structural damage)

Is factual impossibility a defense to attempt or conspiracy?

NEVER

Battery Mens Rea (crim)

General-intent crime OR criminal negligence.

Accomplice mens rea

Intent of assisting the principal to commit the crime

What happens on appeal if there was deliberate discrimination in the selection of trial or grand jury jurors

Automatic reversal. Not analyzed under harmless error.

In which instances can you sentence a felony murder defendant to death?

The D (a) killed (b) attempted to kill (c) intended to kill OR (d) significantly participated in the commission of the underlying felony and acted with reckless indifference to human life

When can the police SEARCH for an arrestee in a third party's home? (3)

If they have a search warrant for that home, exigent circumstances, or consent to enter

What is "imperfect self-defense"?

Voluntary manslaughter - aka, an honest yet unreasonable belief

Mens rea for bigamy

None - it's Strict liability

Standard for administrative Searches by public school personnel

Must be reasonable: a moderate chance of finding the expected evidence; measures adopted for the search must be reasonably related to the objectives of the search; not excessively intrusive

May someone use (non deadly) force to protect someone else's property?

Yes

When will a mistake of law negate the mens era for a crime?

When you must have KNOWLEDGE that your actions are prohibited by law (like the kidnapping statute)

Search W exceptions (all must be included on essays) (6)

SITA; exigent circumstances; plain view; Terry frisk; automobile exception; consent

Can a criminal defendant discharge his current attorney right before trial and substitute for a new one?

Yes, IF it will not put the D at a disadvantage or unduly delay trial

Can you admit a confession by a non-testifying co-defendant?

NO, it violates the 6th amendment confrontation clause.

Search warrant requirements (4)

(a) issued by a neutral and detached magistrate (b) based on probable cause (c) supported by oath or affidavit (d) describes the places to be searched and the items to be seized

McNaghten Rule

Insanity defense. Not guilty if due to mental disease she didn't know EITHER the nature and quality of the act OR the wrongfulness of the act

Irresistible Impulse Test

Insanity defense. Not guilty if lacked capacity for self-control and free choice because mental disease or defect prevented conforming conduct to the law

Accomplice elements

(a) aids or abets (b) prior to or during the crime (c) with the intent for a crime to be committed

Accomplice liability scope

All other crimes that are the natural and probable consequence of the accomplice's crime (foreseeability)

Receipt of stolen property (3)

(a) receives stolen property (b) knowing it has been stolen (c) with permanent intent to deprive the rightful owner

Which lesser crimes merge into robbery?

Larceny + Battery + Assault (note, it's either assault or battery)

5th amendment's applicability to jailhouse informants

Not applicable. For the interrogation prong, the defendant must KNOW that his interrogator is working for the police.

Attempted statutory rape mens rea

Remember, attempt is a specific intent crime, so D must intend to have sex with underaged person

Is a failed solicitation enough to prove somebody attempted the underlying crime?

No. For attempt, you must come close to completing the target offense. Solicitation is only treated as mere preparation.

Can a criminal D waive protection that statements made during plea negotiations can't be used for impeachment?

Yes, they can waive this protection!