Criminal Law Flashcards
Crimes - Assault?
- Attempt to commit battery; or
- intent to place another in fear of imminent harm
Aggravated if deadly weapon used.
Crimes - Battery?
- Intentional or reckless conduct
- Causing
- Bodily Injury or offensive touching
Aggravated if deadly weapon used.
Mayhem?
- Permanent dismemberment or disablement of body
- Modernly trated as aggravated battery
Kidnapping?
- Unlawful confinement; and
- Move or conceal in secret place.
Aggravated if ransom, to commit another crime, child.
Rape?
- Unlawful sexual intercourse with female (neutral in modern)
- Not spouse (eliminated in modern)
- Without consent
Murder?
- Unlawful killing
- With malice
Four ways to show malice:
* Intent to kill (presumed if deadly weapon)
* Intent to commit grievous bodily harm
* Reckless indifference
* Felony murder rule
Felon Murder Rule?
- Death is natural consequence; and
- During commission of felony
* Underlying felony must be independent of killing
* D must be actual and proximate cause of death
First Degree Murder?
- Premeditated and deliberate; OR
- Felony Murder Rule for dangerous felonies (burglary, arson, rape, robbery, kidnapping)
Second Degree Murder?
All killings that are not 1st Degree or Manslaughter.
Voluntary Manslaughter?
- Heat of Passion; or
- Imperfect Self Defense
Heat of Passion:
* Reasonable provocation
* D was in fact provoked
* No cool off
* D did not cool off; OR
Involuntary Manslaughter?
- Gross negligence (disgregards substantial danger of serious harm/death); or
- Midemeanor manslughter (commits misdemeanor or lesser felony and death occurs)
Larceny?
- Trespassory taking and carrying away
- Of personal property
- Of another
- With intent to permenantly deprive (steal)
Embezzlement?
- Fraudulent conversion
- Of personal property
- Of another
- By one in lawful possession of said personal property
False Pretenses?
- D knowlingly makes
- False representation
- Past or present material fact
- Causing another
- To convey title
Robbery?
- Taking and carrying away
- Of personal property
- Of another
- From her person or in her presence
- Through force or fear
- With intent to permenantly deprive
Extortion?
- Threat of future harm
- To deprive owner of property
Theft?
- Illegal taking
- Of another’s property
Burglary?
- Breaking and entering
- Of dwelling house
- Night
- Intent to commit felony
Modern: any structure or time of day.
Receipt of Stolen Property?
- Knowingly
- Receive, conceal, or dispose of
- Stolen property
- Intent to deprive owner
Arson?
- Malicious burning
- Dwelling house
- Of another
Modern: most structures and explosives
Solicitation?
- Request or encourage
- Another to commit a crime
- Intent that she does so
Merges into actual crime. Cannot charge in addition to crime itself.
Conspiracy?
- Agreement
- Two or more people
- Intent to commit unlawful act
- Overt act required (majority)
- Co-conspirator liable if forseeable AND in furtherance of objective
- Does NOT merge with actual crime
- Can withdraw from future crime liability but not conspiracy liability
Attempt Crime?
- Intent to commit crime
- Affirmative act (beyond mere preparation)
Merges with actual crime. Cannot charge both.
Accomplice Liablity?
Principal commits crime. Accomplice:
1. Aids, abets, encourages
2. Carrying out of crime
3. Does not commit actual crime
4. Liable for future crimes if foreseeable.
Accomplice Withdrawal?
May withdraw before crime committed, but if aid already given, must render aid ineffective.
Accomplice Before And/Or After the Fact?
Before the Fact: aids, abets, encourages but not present for crime.
After the Fact: helps principal avoid apprehension after crime
Self-Defense?
Reasonable force; deadly only with reasonable belief such force needed; if belief unreasonable, imperfect self defense = voluntary manslaughter
Defense of Others?
- Reasonable belief other woud be justified
- Reasonable force
Minority Rule: “stand in shoes” requires the other to actual be justified (not your reasonable belief)
Defense of Property?
- Reasonable force
- NEVER deadly
Four Insantity Tests:
- M’Naghten: D has mental disease that causes D to not understand or not know wrong
- Irrestible Impulse: D has mental disease that causes D to be unable to control conduct
- Durham: Conduct product of mental illness (but-for test)
- Model Penal Code: D lacks capacity to appreciate criminality or conform behavior
Intoxication as defense?
- If voluntary, negates specific intent.
- If involuntary, possible defense to all crimes.
Necessity as Defense?
- Reasonable belief
- Necessary to avoid
- Imminent and greater injury to society
Mistake of Fact Defense?
- Negates specific intent
- Negates general intent if mistake reasonable
Mistake of Law Defense?
No defense
Factual Impossibility Defense?
D makes mistake about an issue of fact = No defense (i.e., intends to shoot someone but gun isn’t loaded; still attempt)
Legal Impossibility Defense?
D thinks act is criminal but is not = Valid defense
Entrapment?
- Law enforcement
- Induces D to commit crime
- D was not predisposed to commit crime
