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Criminal Law Flashcards

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1
Q

Specific Intent

A

Intent to engage in proscribed conduct

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2
Q

General Intent

A

Awareness of acting in a proscribed manner

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3
Q

Malice

A

reckless disregard of a known risk

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4
Q

strict liability

A

conscious commission of proscribed act

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5
Q

purposely

A

conscious object to engage in proscribed conduct

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6
Q

Knowingly

A

awareness that conduct is of a particular nature or will cause a particular result

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7
Q

recklessly

A

conscious disregarding of a substantial and unjustifiable risk

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8
Q

negligently

A

failure to be aware of a substantial and unjustifiable risk

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9
Q

transferred intent

A

defendant liable when they intend the harm that is actually caused, bit to a different victim or object. Does not apply to attempt. Applies to homicide, battery, and arson.

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10
Q

causation

A

defendant’s conduct must be both the cause-in-fact and the proximate cause of the specified result

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11
Q

Accomplice Liability

A

must:
1) intend to assist the principal in the commission of a crime and
2) intend that the principal commit the crime

When the underlying crime is recklessness or negligence mens rea, most jurisdictions would hold that the accomplice need only act with recklessness or negligence

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12
Q

Accessory after the fact

A

person who aids another to escape knowing that he has committed a felony. Liable for separate, less serious crime of being an accessory after the fact

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13
Q

withdrawl

A

must occur before the crime becomes unstoppable

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14
Q

conspiracy

A

1) an agreement between two or more persons
2) an intent to enter into an agreement
3) an intent by at least two persons to achieve the objective of the agreement

note - common law requires at least two “guilty minds” (bilateral approach) and most states require there to be an OVERT ACT (must actually be unlawful) - mere preparation is enough for conspiracy, unlike attempt!!

NO MERGER for conspiracy

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15
Q

Solicitation

A

asking someone to commit a crime, with the intent that the person solicited commit the crime - if they agree, merges to conspiracy!

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16
Q

Attempt

A

an act done with the intent to commit a crime that falls short of completion. Act must be beyond mere preparation and most states requires that it constitute a “substantial step” toward the commission of the crime.

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17
Q

Inchoate Crimes (3)

A

conspiracy, attempt, solicitation

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18
Q

Common law murder

A

The unlawful killing of a human being with malice aforethought.

1) intent to kill
2) intent to inflict great bodily injury
3) reckless indifference to an unjustifiably high risk to human life (abandoned and malignant heart)
4) intent to commit a felony (felony murder)

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19
Q

malice aforethought

A

exists where there are no facts reducing the killing to voluntary manslaughter or excusing it

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20
Q

First Degree Murder

A

defendant made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing

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21
Q

First Degree Felony Murder

A

a killing committed during the commission of an enumerated felony

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22
Q

Second Degree Murder

A

depraved heart killing - a killing done with reckless indifference to an unjustifiably high risk to human life

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23
Q

felony murder

A

any death caused in the commission of or in an attempt to commit a felony. malice implied from intent to commit the felony. if the underlying felony has a defense, cannot be charged with felony murder!!

BARRK felonies included:
Burglary
Arson
Robbery
Rape
Kidnapping

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24
Q

felony murder limitations

A

1) felony must be distinct from the killing itself
2) death must have been a foreseeable result of the felony
3) the death must have been caused before the defendant’s “immediate flight” from the scene

25
Q

voluntary manslaughter

A

a killing that would be murder, but for the existence of adequate provocation.

26
Q

adequate provocation

A

1) aroused sudden and intense passion that in the mind of an ordinary person, causing them to lose self-control (ex: exposure to a threat of deadly force, being a victim of a serious battery, finding spouse cheating)
2) defendant was in fact provoked and lost control
3) not sufficient time between the provocation and the killing
4) the defendant in fact did not cool off between the provocation and the killing

27
Q

imperfect self-defense

A

murder may be reduced to manslaughter even though the defendant was at fault in starting the altercation, or the defendant unreasonably, but honestly believed in the necessity of responding with deadly force

28
Q

involuntary manslaughter

A

a killing committed with criminal negligence or by recklessness under the MPC) OR in some states, during the commission of an unlawful act. The defendant’s conduct must be the cause in fact and the proximate cause of the victim’s death.

note - victim’s refusal of medical services and third party’s negligent medical care are foreseeable risks

29
Q

Battery

A

an unlawful application of force to another person resulting in either bodily injury or an offensive touching

GENERAL INTENT CRIME

30
Q

Aggravated Battery

A

batter with a deadly weapon battery resulting in serious bodily harm, or battery or a child, woman, or police officer

31
Q

Assault

A

1) an attempt to commit a battery; or
2) the intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm (can’t be words alone)

32
Q

Aggravated Assault

A

assault plus the use of a deadly or dangerous weapon or with the intent to rape, maim, or murder

33
Q

False Imprisonment

A

unlawful confinement of a person without the person’s valid consent. confinement must “substantially interfere” with the victim’s liberty

34
Q

Kidnapping

A

1) some movement of the victim or
2) concealment of the victim in a secret place

35
Q

Aggrevated Kidnapping

A

ransom, for the purpose of committing other crimes, child stealing

36
Q

Rape

A

unlawful carnal knowledge of a woman by a man without her effective consent. “Sexual assault” gender neutral in most states

37
Q

Statutory Rape

A

strict liability crime - under the age of consent rape - no mistake of fact defense to strict liability crimes

38
Q

larceny

A

a taking and carrying awar of tangible personal property of another by trespass with intent to permanently deprive

slightest movement!
at the time of the taking, must have intent to permanently deprive

39
Q

embezzlement

A

the fraudulent conversion of personal property of another by a person in lawful possession of that property

A trustee is often the embezzler

40
Q

Flase pretenses

A

obtaining TITLE to personal property of another by an intentional false statement of a past or existing fact with intent to defraud the other

tricked into giving up title to their property

41
Q

Larceny by trick

A

defendant is tricked into giving up mere custody or possession of property.

42
Q

robbery

A

a taking of personal property by another from the other person’s person or presence by force or threats of immediate death or physical injury with the intent to permanently deprive them of it

presence is broad - farmer in barn wbile robbery took things from house is ok

43
Q

Extortion

A

corrupt collection of an unlawful fee by an officer under color of office - does not have to be in teh presence of the victim and may be of future harm

44
Q

Receipt of Stolen Property

A

recieving 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

45
Q

forgery

A

making or altering a writing with apparent legal significance so that it is false with intent to defraud

46
Q

burglary

A

a breaking (walking in open door is NOT breaking) and entering of a dwelling of another at nighttime with the intent to commit a felony therein

47
Q

Arson

A

malicious burning (scorching not sufficient) of a dwelling of another
most states have expanded to be other types of buildings

48
Q

insanity defense

A

M’Naghten - defendant does not know right from wrong or does not understand his actions
Irresistable Impulse - an imulse that defendant cannot resist
Durham - but for the mental illness, defendant would not have done the act
MPC/ALI - combination of M’Naughten and irresistable impulse (lacked the capacity to either appreciate the criminality of their conduct or conform their conduct to the requirements of law)

49
Q

Intoxication

A

Voluntary - defense to specific intent crimes
involuntary - taking of a substance without knowledge of its nature, under duress, or pursuant to medical advice while unaware of the substances’ intoxicating effect

50
Q

infancy

A

0-7: no liability
7-14: rebuttable presumption that the child was unable to understand the wrongfulness of their acts

51
Q

Nondeadly Force

A

a person without fault may use such force as the person reaonsbly believes is necessary to protect themselves from teh imminent use of unlawful force upon themselves.

52
Q

Deadly Force

A

a person may use deadly force in self-defense if the person is without fault, is confronted with unlawful forces, and reasonably believes that they are threatened with imminent death or great bodily harm

NEVER be used in defense of property

53
Q

Duress

A

defense to any crime other than intentional homicide

54
Q

necessity

A

common law - can only be natural forces.
MPC = person reasonably believed that commission of the crime was necessary to avoid an imminent and greater injury to society than that involved in teh crime

causing death is never justified

55
Q

Mistake of Fact

A

relevant only if it shows that the defendant lacked the state of mind required for the crime - only REASONABLE mistakes

Mistake of fact affects criminal guilt only if it shows that the defendant did not have the state of mind required for the crime

56
Q

Mistake of Law

A

must negate awareness of some aspect of the law regarding the element of the crim required or must be due to statute not being reasonably available/reasonable reliance on a judicial interpretation or statute/reasonable reliance on official advice

57
Q

Entrapment

A

crimnal design originated with the police and defendant was not predisposed to commit the crime before contact with the police

58
Q
A

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