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CA Bar Exam Essay Rules > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

Crimes - Assault?

A
  1. Attempt to commit battery; or
  2. intent to place another in fear of imminent harm

Aggravated if deadly weapon used.

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2
Q

Crimes - Battery?

A
  1. Intentional or reckless conduct
  2. Causing
  3. Bodily Injury or offensive touching

Aggravated if deadly weapon used.

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3
Q

Mayhem?

A
  • Permanent dismemberment or disablement of body
  • Modernly trated as aggravated battery
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4
Q

Kidnapping?

A
  1. Unlawful confinement; and
  2. Move or conceal in secret place.

Aggravated if ransom, to commit another crime, child.

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5
Q

Rape?

A
  1. Unlawful sexual intercourse with female (neutral in modern)
  2. Not spouse (eliminated in modern)
  3. Without consent
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6
Q

Murder?

A
  1. Unlawful killing
  2. 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

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7
Q

Felon Murder Rule?

A
  1. Death is natural consequence; and
  2. During commission of felony
    * Underlying felony must be independent of killing
    * D must be actual and proximate cause of death
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8
Q

First Degree Murder?

A
  1. Premeditated and deliberate; OR
  2. Felony Murder Rule for dangerous felonies (burglary, arson, rape, robbery, kidnapping)
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9
Q

Second Degree Murder?

A

All killings that are not 1st Degree or Manslaughter.

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10
Q

Voluntary Manslaughter?

A
  1. Heat of Passion; or
  2. Imperfect Self Defense

Heat of Passion:
* Reasonable provocation
* D was in fact provoked
* No cool off
* D did not cool off; OR

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11
Q

Involuntary Manslaughter?

A
  1. Gross negligence (disgregards substantial danger of serious harm/death); or
  2. Midemeanor manslughter (commits misdemeanor or lesser felony and death occurs)
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12
Q

Larceny?

A
  1. Trespassory taking and carrying away
  2. Of personal property
  3. Of another
  4. With intent to permenantly deprive (steal)
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13
Q

Embezzlement?

A
  1. Fraudulent conversion
  2. Of personal property
  3. Of another
  4. By one in lawful possession of said personal property
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14
Q

False Pretenses?

A
  1. D knowlingly makes
  2. False representation
  3. Past or present material fact
  4. Causing another
  5. To convey title
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15
Q

Robbery?

A
  1. Taking and carrying away
  2. Of personal property
  3. Of another
  4. From her person or in her presence
  5. Through force or fear
  6. With intent to permenantly deprive
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16
Q

Extortion?

A
  1. Threat of future harm
  2. To deprive owner of property
17
Q

Theft?

A
  1. Illegal taking
  2. Of another’s property
18
Q

Burglary?

A
  1. Breaking and entering
  2. Of dwelling house
  3. Night
  4. Intent to commit felony

Modern: any structure or time of day.

19
Q

Receipt of Stolen Property?

A
  1. Knowingly
  2. Receive, conceal, or dispose of
  3. Stolen property
  4. Intent to deprive owner
20
Q

Arson?

A
  1. Malicious burning
  2. Dwelling house
  3. Of another

Modern: most structures and explosives

21
Q

Solicitation?

A
  1. Request or encourage
  2. Another to commit a crime
  3. Intent that she does so

Merges into actual crime. Cannot charge in addition to crime itself.

22
Q

Conspiracy?

A
  1. Agreement
  2. Two or more people
  3. Intent to commit unlawful act
  4. 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
23
Q

Attempt Crime?

A
  1. Intent to commit crime
  2. Affirmative act (beyond mere preparation)

Merges with actual crime. Cannot charge both.

24
Q

Accomplice Liablity?

A

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.

25
Q

Accomplice Withdrawal?

A

May withdraw before crime committed, but if aid already given, must render aid ineffective.

26
Q

Accomplice Before And/Or After the Fact?

A

Before the Fact: aids, abets, encourages but not present for crime.
After the Fact: helps principal avoid apprehension after crime

27
Q

Self-Defense?

A

Reasonable force; deadly only with reasonable belief such force needed; if belief unreasonable, imperfect self defense = voluntary manslaughter

28
Q

Defense of Others?

A
  1. Reasonable belief other woud be justified
  2. Reasonable force

Minority Rule: “stand in shoes” requires the other to actual be justified (not your reasonable belief)

29
Q

Defense of Property?

A
  • Reasonable force
  • NEVER deadly
30
Q

Four Insantity Tests:

A
  1. M’Naghten: D has mental disease that causes D to not understand or not know wrong
  2. Irrestible Impulse: D has mental disease that causes D to be unable to control conduct
  3. Durham: Conduct product of mental illness (but-for test)
  4. Model Penal Code: D lacks capacity to appreciate criminality or conform behavior
31
Q

Intoxication as defense?

A
  • If voluntary, negates specific intent.
  • If involuntary, possible defense to all crimes.
32
Q

Necessity as Defense?

A
  1. Reasonable belief
  2. Necessary to avoid
  3. Imminent and greater injury to society
33
Q

Mistake of Fact Defense?

A
  • Negates specific intent
  • Negates general intent if mistake reasonable
34
Q

Mistake of Law Defense?

A

No defense

35
Q

Factual Impossibility Defense?

A

D makes mistake about an issue of fact = No defense (i.e., intends to shoot someone but gun isn’t loaded; still attempt)

36
Q

Legal Impossibility Defense?

A

D thinks act is criminal but is not = Valid defense

37
Q

Entrapment?

A
  1. Law enforcement
  2. Induces D to commit crime
  3. D was not predisposed to commit crime

CA Bar Exam Essay Rules (16 decks)

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