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Criminal Law Flashcards

1
Q

Specific Intent Crimes

A

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

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2
Q

Malice Crimes

A

Arson; common law murder

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3
Q

Transferred intent apply to attempt?

A

NO

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4
Q

Robbery elements (3)

A

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

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5
Q

Inchoate Crimes that Merge

A

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

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6
Q

Conspiracy scope of liability

A

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

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7
Q

Conspiracy scope of liability

A

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

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8
Q

Withdrawal from conspiracy

A

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

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9
Q

Attempt Elements

A

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

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10
Q

4 kinds of malice aforethought

A

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

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11
Q

Felony Murder Crimes

A

BARK: burglary, arson, robbery, rape, kidnapping

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12
Q

Larceny elements

A

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

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13
Q

False pretenses

A

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

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14
Q

Embezzlement

A

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

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15
Q

Assault Elements for Robbery

A

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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16
Q

CL Burglary Elements

A

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

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17
Q

Assault as Attempt to Commit A Battery

A

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

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18
Q

Assault as Fear of Harm (criminal)

A

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

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19
Q

Withdrawal from conspiracy

A

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

20
Q

CL Arson

A

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

21
Q

Is factual impossibility a defense to attempt or conspiracy?

A

NEVER

22
Q

Battery Mens Rea (crim)

A

General-intent crime OR criminal negligence.

23
Q

Accomplice mens rea

A

Intent of assisting the principal to commit the crime

24
Q

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

A

Automatic reversal. Not analyzed under harmless error.

25
Q

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

A

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

26
Q

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

A

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

27
Q

What is “imperfect self-defense”?

A

Voluntary manslaughter - aka, an honest yet unreasonable belief

28
Q

Mens rea for bigamy

A

None - it’s Strict liability

29
Q

Standard for administrative Searches by public school personnel

A

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

30
Q

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

A

Yes

31
Q

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

A

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

32
Q

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

A

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

33
Q

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

A

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

34
Q

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

A

NO, it violates the 6th amendment confrontation clause.

35
Q

Search warrant requirements (4)

A

(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

36
Q

McNaghten Rule

A

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

37
Q

Irresistible Impulse Test

A

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

38
Q

Accomplice elements

A

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

39
Q

Accomplice liability scope

A

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

40
Q

Receipt of stolen property (3)

A

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

41
Q

Which lesser crimes merge into robbery?

A

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

42
Q

5th amendment’s applicability to jailhouse informants

A

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

43
Q

Attempted statutory rape mens rea

A

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

44
Q

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

A

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

45
Q

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

A

Yes, they can waive this protection!

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