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Bar Exam > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

Elements of a crime: Prosecution must prove all elements of a crime beyond a reasonable doubt (4)

A
  1. Physical act (actus reus)
  2. mental state (Mens rea)
  3. causation (both actual and proximate cause)
  4. concurrence (mental state and physical act occurred at the same time)
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2
Q

Physical act of the D must be ______

A

voluntary

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3
Q

Omission is generally not criminal unless (3)`

A
  1. D had legal duty to act
  2. D had knowledge of facts concerning the duty to act; and
  3. it was reasonably possible for D to act
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4
Q

What 5 situations create a duty to act

A

contractual, parent-child, duty taken on voluntarily, statute creates a duty, or when D creates the danger

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5
Q

Causation requires both

A

actual causation and proximate cause

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6
Q

Actual causation

A

present when the result/injury would not have occurred but for D’s conducrt

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7
Q

Proximate cause

A

injury myst be foreseeable from D’s act (it was a natural probable consequence

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8
Q

Superseding intervening cause: a third-party’s act will break the chain of causation if the act was

A

independent and not foreseeable

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9
Q

Specific intent

A

intent or desire to engage in the conduct or cause a certain result

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10
Q

general intent

A

awareness of acting in a certain way

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11
Q

malice

A

reckless disregard of a known risk that harm may occur

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12
Q

strict liability

A

no mental state required; only the act is required

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13
Q

Purposefully

A

conscious object to engage in conduct or cause a certain result

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14
Q

Knowingly

A

aware that conduct is of a particular nature or will cause a certain result

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15
Q

recklessly

A

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

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16
Q

criminal negligence

A

should have been aware of a substantial and unjusitfiable risk and that failure is a gross deviation from the standard of care `

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17
Q

CL Murder

A

Murder is the unlawful killing of a person with malice aforethought

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18
Q

Malice aforethought 4

A

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)

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19
Q

1st degree murder

A

Killing was willful, deliberate, and premeditated

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20
Q

MPC Murder

A

Killing of a person committed a) purposefully or knowingly OR b) recklessly under circumstances manifesting an extreme indifference to the value of human life

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21
Q

Felony murder rule crimes

A

recklessness is presumed for robbery, rape, arson ,burglary, kidnapping

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22
Q

Voluntary manslaughter

A

intentional killing of another without malice aforethought (adequate provocation)

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23
Q

Adequate provocation

A

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

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24
Q

Involuntary manslaughter (4)

A

Unintentional killing of a person committed recklessly, under the misdemeanor-murder rule, during a non-dangerous felony, OR with criminal negligence

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25
Q

MPC manslaughter

A

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

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26
Q

Larceny

A

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)

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27
Q

Larceny by trick

A

obtain possession (not title) of the personal property of another by trick or deception

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28
Q

False pretenses

A

obtain title to personal property of another through an intentional false statement of material fact, with the intent to defraud

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29
Q

Embezzlement

A

fraudulent or wrongful conversion of personal property of another by a person with lawful possession of the property

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30
Q

Receiving stolen property

A

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

31
Q

Robbery

A

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

32
Q

Burglary

A

breaking and entering of a dwelling of another at night for the purpose of committing a felony inside

33
Q

rape CL

A

unlawful sexual intercourse of a woman by a man without consent

34
Q

rape MPC

A

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

35
Q

Statutory rape

A

unlawful sexual intercourse with a person under the age of consent

36
Q

battery

A
  1. unlawful application of force
  2. directly or indirectly upon another person or their close personal belongings
  3. resulting in injury or offensive contact
37
Q

Batter is a _______ intent crime

A

general

38
Q

Intent to cause injury is/is not required for battery

A

is not

39
Q

assault

A

either attempted battery or the intentional creation of a reasonable apprehension of imminent bodily harm to a person

40
Q

kidnapping

A
  1. confining, restraining, or moving of a person
  2. without authority of law
41
Q

False imprisonment

A
  1. unlawful
  2. confinement of a person
  3. against their will
  4. with knowledge that the restriction is unlawful
42
Q

arson

A
  1. malicious
  2. burning
  3. of a dwelling
  4. of another
43
Q

Criminal possession

A

unlawful possession of an item according to statute (weapons, drugs)

44
Q

To be found guilty of possession, usually need both

A

knowledge of possession and knowledge of what the item is

45
Q

attempt

A

when a person had specific intent to commit a crime AND took an overt act sufficiently beyond mere preparation (substantial)

46
Q

attempt _____ with the underlying crime

A

merges

47
Q

Conspiracy is a ______ intent crime

A

specifici

48
Q

conspiracy (4)

A
  1. an express/implied agreement between 2 or more persons
  2. intent to enter into the agreement
  3. intent to pursue an unlawful objective AND
  4. commission of an overt act in furtherance of the unlawful objective
49
Q

A conspirator is liable for conspiracy PLUS all

A

foreseeable crimes committed by co-conspirators in furtherance of the unlawful objective

50
Q

Withdrawal is NOT a defense to conspiracy, but it is a defense for crimes

A

committed by co-conspirators after the withdrawal

51
Q

Solicitation

A

D requests another person to commit a crime with the specific intent that the crime be committed and the other person receives the request

52
Q

Solicitation merges/does not merge with the underlying crime

A

merges

53
Q

Renunciation is an affirmative defense to solicitation if D

A
  1. voluntarily and completely renounces AND
  2. prevents the commission of the crime
54
Q

An accomplice is one who (2)

A
  1. 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)
55
Q

An accomplice is liable for all crimes he committed AND all

A

foreseeable crimes committed by the primary party

56
Q

Accomplice liability: Withdrawal is a defense if D withdraws before the crime becomes unstoppable and requires (2)

A
  1. repudiating the encouragement given AND
  2. neutralizing any assistance
57
Q

Duress

A

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

58
Q

Insanity defense: M’Naghten test

A

D is a) unable to know the wrongfulness of his conduct or b) unable to understand the nature or quality of his acts

59
Q

MPC insanity test

A

D was unable to appreciate the criminality of his conduct or unable to conform his actions to the law

60
Q

Irresistible impulse test

A

D’s mental illness made him a) unable to control his action s or b) unable to conform his actions to the law

61
Q

Self-defense

A

Complete defense

62
Q

Self-Defense: Non-deadly force

A

justified when D reasonably believes that he’s in imminent danger of being harmed and the force used is proportional to the harm threatened

63
Q

Self-Defense: Deadly force

A

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

64
Q

An aggressor may only use force in self-defense if (2)

A

he withdraws and communicates it OR the other person escalates the fight with deadly force and withdrawal is not possible

65
Q

Imperfect self-defense

A

Mitigates murder to voluntary manslaughter when 1) D kills based on a good faith belief of self-defense 2) but such belief was unreasonable

66
Q

Voluntary intoxication is only a defense to _____ intent crimes

A

specific

67
Q

Involuntary intoxication is a defense to _____ crimes

A

all, use same tests for an insanity defense

68
Q

Mistake of fact is a defense if it

A

negates the mental state required of rate crim

69
Q

Mistake of law is generally (not) a defense

A

NOT

70
Q

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)

A

do not

71
Q

Mere words are typically not enough to constitute adequate provocation. But a second encounter involving taunting or mocking may be sufficient to

A

rekindle or passion from a prior adequate provocation

72
Q

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

A

incorrect an dunreaosonable

73
Q

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

A

purposefully or knowingly

Bar Exam (10 decks)

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