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BAR > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

Homicide

A
  1. Murder
  2. Manslaughter
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2
Q

CL Murder

A
  1. Intent to kill (premeditated, specific intent)
  2. intentionally inflicted bodily harm (no specific intent)
  3. Felony (death occurs while in the course of dangerous felony.
    1. Dangerous felony: burglary, arson, rape, robbery, kidnapping)
  4. Depraved heart (reckless disregard of human life - knew or should’ve known of the consequences. People present.)

Degrees are defined by statute

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3
Q

Manslaughter

A

Voluntary:
a. Adequate provocation
b. heat of passion
c. No time to cool off
Involuntary: Negligent conduct causing death (no people. Didn’t know of consequences)

(NOT INTENT)

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4
Q

Imperfect self-defense

A
  • Use of excessive force
  • Honest belief that it’s necessary
    = Voluntary manslaughter
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5
Q

Parent neglecting a child

A
  • Parent does not give care to child and child dies
    = Involuntary manslaughter
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6
Q

Specific intent crimes

A

Students Can Always Fake A Laugh, Even for Ridiculous Bar Facts.
□ Solicitation, conspiracy, attempt, first degree premeditated murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery

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7
Q

Larceny

A

(even if puts it back. Larceny merges into robbery)
a. Trespassory taking (moving)
b. Carrying away
c. Personal property of another
d. With intent to permanently deprive
- Exceptions to larceny:
Continuing trespass: wrongful taking without permission. Later decides to steal

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8
Q

Burglary

A

a. Breaking and entering (may be by fraud or force)
b. Dwelling of another
c. At night
d. With intent to commit a felony
i. Intent must be present at the moment of breaking
Felony does NOT have to be actually committed

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9
Q

Robbery

A

(larceny merges into robbery)
a. Trespassory taking
b. Carrying away
c. Property of another
d. By force, intimidation, or fear

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10
Q

Assault

A
  1. intent to commit battery
  2. Intent to place another in imminent fear of a harmful or offensive contact
    Words are NOT enough
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11
Q

Larceny by trick

A

(one-way. Default, and then false pretense)
Obtain POSSESSION to property by false statement

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12
Q

False pretense

A

(two-way transaction)
Obtain TITLE to property by false statement

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13
Q

Embezzlement

A
  1. Lawful possession of person property
  2. Converted for own use
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14
Q

Receiving stolen property

A
  1. Physical possession of stolen property
  2. Knowledge it was stolen
  3. Intent to keep
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15
Q

Forgery

A

(i.e., money)
1. Fraudulent making of false document
2. With legal significance
3. Intended wrongful use

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16
Q

Accomplice liability

A
  1. Specific intent to achieve crime
  2. Aid or abet in the completion of the crime
    Also guilty of ALL crimes completed
17
Q

Accessory before the fact

A

like accomplice liability but not present at the scene of crime

18
Q

Accessory after the fact

A
  1. felony was completed
  2. Knowledge of the completed crime
  3. Aids to avoid arrest or conviction
19
Q

General Intent Crimes

A

(unless statute says otherwise)
- No specific intent required, the act itself is enough
1. Battery: unlawful application of force
2. Arson: malicious/reckless burning of the dwelling of another
- Statute will provide modern trend (non-CL) arson
3. Rape
1. Unlawful sexual intercourse
2. By a male with a female
3. Without consent
4. Kidnapping: unlawful restraint of a person’s freedom by force

20
Q

Inchoate crimes

A

attempt, conspiracy, solicitation

incomplete crimes

21
Q

attempt

A

(i.e. attempted murder is NOT about murder it’s about ATTEMPT)
1. Intent to commit the crime
2. Overt act/substantial step
- Attempt merges into the completed crime and you are only guilty of underlying crime
- You cannot withdraw after substantial step

22
Q

Conspiracy

A
  1. Two or more people
  2. Specific intent to commit crime
  3. Agreement
    - MPC - unilateral theory of conspiracy: only one person has to agree
    - Co-conspirator liability: liable for all crimes committed in furtherance of conspiracy
    - Does not merge. Guilty of both conspiracy and underlying crime
    - Withdrawal:
    § cannot withdraw from conspiracy
    § can withdraw from other crimes by timely notice before crime to co-conspirator
23
Q

Solicitation

A

Encourage, urge, entice another to commit a crime
Merges into the completed crime
Cannot withdraw

24
Q

Defenses

A

insanity, intoxication, mistake, impossibility, entrapment, duress, self-defense, defense of property, defense of opthers

25
Q

insanity

A

M’Naghten test:
1. mental disease
2. Cannot appreciate “nature and quality” of action
3. Cannot understand what you are doing is wrong

Insanity - MPC: D lacked “substantial capacity” to appreciate criminal conduct
Insanity defense - standard of proof in fed court: clear and convincing evidence

26
Q

Intoxication

A
  1. Voluntary
    § Voluntarily getting drunk
    § Defense to specific intent crime
  2. Involuntary
    § Intoxication without knowledge/consent
    Defense to ALL crimes
27
Q

Mistake

A
  1. specific intent crime
    § Reasonable AND unreasonable mistake is a defense
  2. general intent crime
    § Reasonable mistake ONLY is a defense
    (will use word mistake)
28
Q

Impossibility

A
  1. Legal: ALWAYS a defense. Elements for crime were not met.
  2. Factual: NEVER a defense. Elements of the crime were met.
29
Q

Entrapment

A
  1. Law enforcement creates criminal activity
  2. D is not predisposed (not familiar) to commit crime
30
Q

Duress

A

Reasonable belief of threat of great bodily harm or death
NEVER defense to MURDER

31
Q

Self-defense

A
  1. reasonable belief of imminent danger of bodily harm
  2. Return the same level of force
  3. Deadly force only allowed for deadly force
32
Q

Defense of others

A
  1. Reasonable belief a third party is in imminent danger
  2. Return the same level of force
33
Q

Defense of property

A
  1. Reasonable force to defend property
  2. Never deadly force unless fear of being killed

BAR (19 decks)

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