Criminal Law Flashcards
Larceny
(i) taking (obtaining control or possession) and carrying away (the slightest movement is sufficient) of tangible personal property of another; (ii) without consent (against the victim’s free will, which includes duress because duress negates consent); and (iii) with the intent to permanently deprive the owner of the property (the specific intent to dispossess must exist during the taking)
Burglary
(i) a breaking (ii) and entry (iii) of the dwelling (iv) of another (v) at nighttime (vi) with the intent of committing a felony
MPC Purposely
conscious objective to engage in act or cause a certain result [subjective standard]
MPC Knowingly
as to nature of conduct: aware of the nature of conduct or that certain circumstances exist; as to result: knows that conduct will necessarily or very likely cause result [subjective standard]
MPC Recklessly
conscious disregard of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a “reasonable person” standard of care [subjective standard]
MPC Negligently
failure to be aware of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a “reasonable person” standard of care [objective standard]
Withdrawal is an affirmative defense to accomplice liability if:
prior to crime’s commission defendant: (a) if encouraged crime, repudiated encouragement; (b) if provided material, did everything possible to attempt to neutralize the assistance; or (c) notified police/otherwise act to prevent crime
Specific Intent Crimes Mnemonic
Students Can Always Fake A Laugh Even For Ridiculous Bar Facts
CL Principals in the first degree
persons who actually engaged in the act or omission that constitutes the offense or who caused an innocent agent to do so
CL Principals in the second degree
persons who aided, advised, or encouraged the principal AND were present at the crime
CL Accessories before the fact
persons who assisted or encouraged but were not present
CL Accessories after the fact
persons who, with knowledge that the other committed a felony, assisted them to escape arrest or punishment
In order to be convicted of a substantive crime as an accomplice, the accomplice must have:
(1) the intent to assist the principal in the commission of a crime and (2) the intent that the principal commit the substantive offense
(Accomplice liability) When the substantive offense has recklessness or negligence as its mens rea, most jurisdictions would hold that the intent element is satisfied if the accomplice:
(1) intended to facilitate the commission of the crime and (2) acted with recklessness or negligence (whichever is required by the particular crime)
Conspiracy
(1) an agreement between two or more persons; (2) an intent to enter into the agreement; and (3) an intent by at least two persons to achieve the objective of the agreement; object of conspiracy must be criminal or the achievement of the lawful object by criminal means
Solicitation
Asking, inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime [not necessary that person solicited agree to commit the crime]O
Overt Act “proximity” test
requires the act be “dangerously close” to successful completion of the crime
Overt Act “substantial step” test
requires that the act or omission constitute a substantial step in a course of conduct planned to culminate in the commission of the crime that strongly corroborates the actor’s criminal purposes
CL Murder
the unlawful killing of a human being with malice aforethought
Malice aforethought possible states of mind
(i) intent to kill; (ii) intent to inflict great bodily injury; (iii) reckless indifference to an unjustifiably high risk to human life [“abandoned and malignant heart” or “depraved heart”]; or (iv) intent to commit a felony [felony murder]
Proximate cause felony murder theory
felons are liable for the deaths of innocent victims caused by someone other than a co-felon
Agency felony murder theory
killing must be committed be a felon or their agent [i.e., accomplice] with limited exception in cases in which the victim was used as a shield or otherwise forced by the felon to occupy a dangerous place for felon to be liable for their death
Battery
an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching; need not be intentional, and force need not be applied directly; general intent crime
Assault
Either (1) an attempt to commit a battery or (2) the intentional creation other than by mere words of a reasonable apprehension in the mind of the victim of imminent bodily harm
False Imprisonment
the unlawful confinement of a person without the person’s valid consent; MPC requires that confinement “interfere substantially” with victim’s liberty
Kidnapping
unlawful confinement of a person that involves either (1) some movement of the victim, or (2) concealment of the victim in a “secret” place
Embezzlement
the fraudulent conversion (dealing with the property in a manner inconsistent with the arrangement by which defendant has possession) of personal property of another by a person in lawful possession of that property
False Pretenses
obtaining title to personal property of another by an intentional false statement of a past or existing fact
Robbery
a taking of personal property of another from the other person’s person or presence (including anywhere in their vicinity) by force or threats of immediate death or physical injury to the victim, a family member, or some person in the victim’s presence with the intent to permanently deprive them of it
Extortion (under modern statutes)
obtaining property by means of threat to do harm or to expose information
Receipt of stolen property
receiving possession and control of “stolen” personal property known to have been obtained in a manner constituting a criminal offense by another person with the intent to permanently deprive the owner of their interest in it
Forgery
making or altering (by drafting, adding, or deleting) a writing with apparent legal significance so that it is false [that is, representing that it is something it is not, not merely containing a misrepresentation] with intent to defraud [no one need actually have been defrauded]
CL Burglary
a breaking and entry of a dwelling of another at nighttime with the intent to commit a felony in the structure [felony need not be carried out to constitute burglary]
Arson
the malicious [intentional, or with reckless disregard of an obvious risk] burning [requires some damage to the structure caused by fire] of the dwelling of another
M’Naghten Rule
defendant entitled to acquittal if: (1) a disease of the mind; (2) caused a defect of reason; (3) such that the defendant lacked the ability at the time of their actions to either know the wrongfulness of their actions or understand the nature and quality of their actions
Irresistible Impulse Test
defendant is entitled to acquittal only if, because of a mental illness, they were unable to control their actions or conform their conduct to the law
MPC Insanity Test
defendant is entitled to acquittal if they had a mental disease or defect, and, as a result, they lacked the substantial capacity to either: (1) appreciate the criminality of their conduct, or (2) conform their conduct to the requirements of law
CL Infancy
Under 7: no criminal liability; Ages 7 - 14: rebuttable presumption that child was unable to understand wrongfulness of their acts; Age 14+: treated as adult
Self-Defense: Nondeadly Force
a person without fault may use such force as the person believes is necessary to protect themself from the imminent use of unlawful force upon themself; no duty to retreat
Self-Defense: Deadly Force
a person may use deadly force in self-defense if the person (1) is without fault; (2) is confronted with “unlawful force”; (3) reasonably believes that they are threatened with imminent death or great bodily harm
Aggressor Self-Defense Rights
aggressors may use force in defense of themself only if: (i) they effectively withdraw from the confrontation and communicate to the other their desire to do so; or (ii) the victim of the initial aggression suddenly escalates the minor fight into a deadly altercation and the initial aggressor has no chance to withdraw
Entrapment
exists only if: (1) the criminal design originated with law enforcement officers, and (2) the defendant was not predisposed to commit the crime prior to contact by the government [merely providing an opportunity for a predisposed person to commit a crime is not entrapment]
Perjury
intentional taking of a false oath [lying] in regard to a material matter [one that might affect the outcome of the proceeding] in a judicial proceeding
Specific Intent Crimes
Solicitation, Conspiracy, Attempt, First degree premeditated murder, Assault, Larceny, Embezzlement, False Pretenses, Robbery, Burglary, Forgery
Malice
Crimes: CL murder and arson; intent = reckless disregard of an obvious or high risk that the particular harmful result will occur
