Criminal Law Flashcards
Elements of a crime: Prosecution must prove all elements of a crime beyond a reasonable doubt (4)
- Physical act (actus reus)
- mental state (Mens rea)
- causation (both actual and proximate cause)
- concurrence (mental state and physical act occurred at the same time)
Physical act of the D must be ______
voluntary
Omission is generally not criminal unless (3)`
- D had legal duty to act
- D had knowledge of facts concerning the duty to act; and
- it was reasonably possible for D to act
What 5 situations create a duty to act
contractual, parent-child, duty taken on voluntarily, statute creates a duty, or when D creates the danger
Causation requires both
actual causation and proximate cause
Actual causation
present when the result/injury would not have occurred but for D’s conducrt
Proximate cause
injury myst be foreseeable from D’s act (it was a natural probable consequence
Superseding intervening cause: a third-party’s act will break the chain of causation if the act was
independent and not foreseeable
Specific intent
intent or desire to engage in the conduct or cause a certain result
general intent
awareness of acting in a certain way
malice
reckless disregard of a known risk that harm may occur
strict liability
no mental state required; only the act is required
Purposefully
conscious object to engage in conduct or cause a certain result
Knowingly
aware that conduct is of a particular nature or will cause a certain result
recklessly
consciously disregards a substantial and unjustifiable risk and act is a gross deviation from how a reasonable person would act OR when a person creates such a risk but is unaware of it solely by reason of a voluntary intoxication
criminal negligence
should have been aware of a substantial and unjusitfiable risk and that failure is a gross deviation from the standard of care `
CL Murder
Murder is the unlawful killing of a person with malice aforethought
Malice aforethought 4
intent to kill, intent to inflict great bodily harm, reckless disregard of an extreme risk of human life (depraved heart murder), or intent to commit an inherently dangerous felony (felony murder (4)
1st degree murder
Killing was willful, deliberate, and premeditated
MPC Murder
Killing of a person committed a) purposefully or knowingly OR b) recklessly under circumstances manifesting an extreme indifference to the value of human life
Felony murder rule crimes
recklessness is presumed for robbery, rape, arson ,burglary, kidnapping
Voluntary manslaughter
intentional killing of another without malice aforethought (adequate provocation)
Adequate provocation
D was provoked and a reasonable person would have been provoked and not enough time to cool off and D did not in fact coool off
Involuntary manslaughter (4)
Unintentional killing of a person committed recklessly, under the misdemeanor-murder rule, during a non-dangerous felony, OR with criminal negligence
MPC manslaughter
Killing of a person committed recklessly or under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse
Larceny
Trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the owner of the property (intent must exist at the time of the taking)
Larceny by trick
obtain possession (not title) of the personal property of another by trick or deception
False pretenses
obtain title to personal property of another through an intentional false statement of material fact, with the intent to defraud
Embezzlement
fraudulent or wrongful conversion of personal property of another by a person with lawful possession of the property
Receiving stolen property
when a person receives possession of stolen property who knows the property is stolen when receiving it with the intent to permanently deprive the owner of the property
Robbery
Trespassory taking and carrying away of the personal property of another in their presence by the use of force or threat of immediate physical harm with the intent to permanently deprive the owner of the property
Burglary
breaking and entering of a dwelling of another at night for the purpose of committing a felony inside
rape CL
unlawful sexual intercourse of a woman by a man without consent
rape MPC
man has sex w female if he compels her by force or threat of imminent death serious bodily injury or kidnapping, or secretly drugs her, or female is unconscious, or less than 10 years old
Statutory rape
unlawful sexual intercourse with a person under the age of consent
battery
- unlawful application of force
- directly or indirectly upon another person or their close personal belongings
- resulting in injury or offensive contact
Batter is a _______ intent crime
general
Intent to cause injury is/is not required for battery
is not
assault
either attempted battery or the intentional creation of a reasonable apprehension of imminent bodily harm to a person
kidnapping
- confining, restraining, or moving of a person
- without authority of law
False imprisonment
- unlawful
- confinement of a person
- against their will
- with knowledge that the restriction is unlawful
arson
- malicious
- burning
- of a dwelling
- of another
Criminal possession
unlawful possession of an item according to statute (weapons, drugs)
To be found guilty of possession, usually need both
knowledge of possession and knowledge of what the item is
attempt
when a person had specific intent to commit a crime AND took an overt act sufficiently beyond mere preparation (substantial)
attempt _____ with the underlying crime
merges
Conspiracy is a ______ intent crime
specifici
conspiracy (4)
- an express/implied agreement between 2 or more persons
- intent to enter into the agreement
- intent to pursue an unlawful objective AND
- commission of an overt act in furtherance of the unlawful objective
A conspirator is liable for conspiracy PLUS all
foreseeable crimes committed by co-conspirators in furtherance of the unlawful objective
Withdrawal is NOT a defense to conspiracy, but it is a defense for crimes
committed by co-conspirators after the withdrawal
Solicitation
D requests another person to commit a crime with the specific intent that the crime be committed and the other person receives the request
Solicitation merges/does not merge with the underlying crime
merges
Renunciation is an affirmative defense to solicitation if D
- voluntarily and completely renounces AND
- prevents the commission of the crime
An accomplice is one who (2)
- aids, abets, or facilitates the commission of the crime AND 2. has dual intent (intent to assist the primary party and intent that the crime be committed)
An accomplice is liable for all crimes he committed AND all
foreseeable crimes committed by the primary party
Accomplice liability: Withdrawal is a defense if D withdraws before the crime becomes unstoppable and requires (2)
- repudiating the encouragement given AND
- neutralizing any assistance
Duress
Is an affirmative defense and excuses D’s conduct if it was the result of 1. a threat of imminent death or serious bodily injury, to the D or another, AND D reasonably believed he was unable to avoid the harm by non-criminal conduct
Insanity defense: M’Naghten test
D is a) unable to know the wrongfulness of his conduct or b) unable to understand the nature or quality of his acts
MPC insanity test
D was unable to appreciate the criminality of his conduct or unable to conform his actions to the law
Irresistible impulse test
D’s mental illness made him a) unable to control his action s or b) unable to conform his actions to the law
Self-defense
Complete defense
Self-Defense: Non-deadly force
justified when D reasonably believes that he’s in imminent danger of being harmed and the force used is proportional to the harm threatened
Self-Defense: Deadly force
Justified when D kills based on a reasonable belief that he was in imminent danger of being killed (or suffering great bodily injury) and the use of deadly force was necessary
An aggressor may only use force in self-defense if (2)
he withdraws and communicates it OR the other person escalates the fight with deadly force and withdrawal is not possible
Imperfect self-defense
Mitigates murder to voluntary manslaughter when 1) D kills based on a good faith belief of self-defense 2) but such belief was unreasonable
Voluntary intoxication is only a defense to _____ intent crimes
specific
Involuntary intoxication is a defense to _____ crimes
all, use same tests for an insanity defense
Mistake of fact is a defense if it
negates the mental state required of rate crim
Mistake of law is generally (not) a defense
NOT
Spousal immunity privileges/ marital communications privileges do not/do apply in federal cases where one spouse in charged with a crime against another spouse or a child of either spouse (including stepchildren)
do not
Mere words are typically not enough to constitute adequate provocation. But a second encounter involving taunting or mocking may be sufficient to
rekindle or passion from a prior adequate provocation
A D’s belief that he is entitled to the property, even if it is ____ or ______, serves as a defense to theft crimes since it negates the specific intent requirement
incorrect an dunreaosonable
Under the MPC, voluntary intoxication is a defense to crimes that require the D to have acted _______ or _________. To prevail on this defense, the defendant must prove that his/her intoxication prevented the formation of the requisite mental state
purposefully or knowingly
