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criminal law Flashcards

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1
Q

criminal defenses

A

*self-defense and defense of others
*insanity
*mistake of law or fact
*intoxication
*necessity
*duress
*defense of property
*reasonable discipline of children (battery)

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2
Q

when intoxication is allowed as a defense

A

*involuntary: for general, malice, and specific intent crimes
*voluntary: for specific intent crimes only

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3
Q

duress vs. necessity

A

duress: threatened and reasonably believe engaging in the crime is the only way to avoid death or harm (but doesn’t apply to intentional murder other than felony murder)

vs.

necessity: natural forces cause to act

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4
Q

type of force allowed in self-defense

A

*non-deadly: if reasonably fear imminent unlawful harm
*deadly: if actually and reasonably believe necessary to protect against imminent deadly force

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5
Q

elements of perjury

A

*willful act of falsely promising to tell the truth about material matters
*knowledge that the statements are false
*intent to say something false

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6
Q

elements of bribery

A

*corrupt payment of something of value
*for purposes of influencing an official in the discharge of official duties

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7
Q

elements of rape

A

*unlawful sexual intercourse
*with a female
*against her will by force or threat
*general intent

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8
Q

elements of kidnapping

A

*unlawful confinement
*of another
*against their will
*either by moving or hiding them
*movement must be more than necessary to commit other crime if coupled with another crime

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9
Q

elements of arson

A

*malicious burning
*of another’s dwelling (more than the contents)

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10
Q

elements of burglary

A

*breaking (without permission)
*and entering
*into the dwelling
*of another
*at night
*with the intent to commit a felony inside

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11
Q

elements of battery

A

*unlawful application of force
*to another
*causing bodily harm or offensive touching
*general intent

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12
Q

elements of assault

A

*attempted battery (specific intent) OR
*intentionally placing another in fear of imminent bodily harm (general intent)

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13
Q

elements of robbery

A

*larceny
*occurs off the victim’s person or in their presence
*by force or by placing them in fear of imminent physical harm (assault or battery)

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14
Q

what is extortion

A

*a variation of robbery
*threats of future harm

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15
Q

elements of larceny

A

*any movement (by D or their agent regardless of the agent’s awareness)
*of another’s tangible and personal property
*without their consent
*with the intent to deprive them of the property permanently

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16
Q

what is embezzlement

A

*a variation of larceny
*gain property lawfully with the victim’s consent then convert it to own use

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17
Q

what is false pretenses

A

*a variation of larceny
*obtain title to property through deception

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18
Q

types of manslaughter

A

*voluntary: intent to kill someone in the “heat of passion” or “under the extreme emotional disturbance”
*involuntary: criminal negligence, while committing an unlawful act outside of felony murder

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19
Q

definition of murder

A

unlawful killing of another with malice aforethought

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20
Q

types of malice

A

*intent to kill
*intent to inflict serious bodily injury
*abandoned or malignant heart: reckless disregard of obvious or unjustifiably high risk of causing death or serious bodily injury
*felony murder: burglary, arson, robbery, rape, kidnapping

21
Q

elements of attempt

A

*specific intent to commit a particular criminal act
*substantial step toward perpetrating the crime

22
Q

what is solicitation

A

intentionally inviting, requesting, or commanding another person to commit a crime

23
Q

elements of conspiracy

A

*agreement
*by two or more persons
*to commit an unlawful act

24
Q

ways to withdraw from conspiracy

A

*impossible to withdraw because it is committed upon agreement
*BUT can limit liability by informing co-conspirators of withdrawal OR reporting actions to legal authorities

25
Q

four tests for insanity

A

*M’Naughten: D didn’t know the nature of the act OR didn’t know the act was wrong due to mental disease
*irresistible impulse: D has a mental disease that prevents him from controlling himself
*Durham: D wouldn’t have committed the crime but for his mental disease
*MPC: due to mental disease, D didn’t have substantial capacity to appreciate the wrongfulness of his actions or conform his conduct to the law

26
Q

when is mistake of law a defense

A

*reliance on high-level government interpretations
*lack of notice (rare)
*mistake that goes to an element of specific intent

27
Q

when is mistake of fact a defense

A

*strict liability crime: never
*general intent: if the mistake was reasonable
*specific intent: any mistake, whether reasonable or not

28
Q

types of actors and their level of culpability

A

*principal: committed the actus reus
/ substantive crimes
*accomplice: assisted before or during the actus reus with the purpose of assisting and that the crime be committed / planned and foreseeable results
*accessory after the fact: know a crime was committed, assist after the crime was committed to prevent apprehension of the principal

29
Q

types of merger

A

*lesser-included offenses: both have same elements but one crime has additional elements (e.g., felony murder)
*inchoate crimes: attempt and solicitation merge into the completed crime

30
Q

when are children culpable

A

*under 7: never
*7-14: rebuttably presumed never
*14+: charged as an adult

31
Q

four types of mens rea

A

*specific intent: act consciously performed for specific purpose
*general intent: act consciously performed
*malice: act consciously performed in reckless disregard of high degree of harm
*strict liability: act performed

32
Q

when does specific intent apply

A

*first degree murder
*inchoate crimes: attempt, solicitation, conspiracy
*assault with attempt to commit battery
*theft offenses

33
Q

when does malice apply

A

*murder
*arson

34
Q

elements of actus reus

A

*physical act or failure to act
*voluntary (have motor control)

35
Q

when is a failure to act an actus reus

A

*failure to comply with statutory duty
*special relationship
*voluntarily assume a duty of care then abandon
*cause danger then fail to mitigate the harm caused

36
Q

federal jurisdiction

A

*in the U.S.
*on planes or ships
*national citizen anywhere in the world

37
Q

state jurisdiction

A

crime has a connection to the state like
*occurs in whole or in part in the state
*conduct outside the state in an attempt to commit it inside the state
*conspiracy if the overt act occurred in the state

38
Q

required elements of a crime

A

*actus reus
*mens rea
*causation (actual and proximate)

39
Q

common law vs. modern majority approach for convicting an accomplice

A

can be convicted only if the principal was previously convicted

vs.

can be convicted regardless

40
Q

exceptions to accomplice liability

A

*protected class by statute
*exempted necessary party: statute requires two or more participants but only one subject to liability and the defendant is the non-liable party
*withdrawal: repudiate prior aid, counteract prior aid, and do so before the chain of events is in motion

41
Q

agency (majority) vs. proximate theory (GA) for felony murder

A

liable only for deaths caused by co-felons

vs.

liable for deaths caused by anyone, if foreseeable

42
Q

what is the continuing trespass rule?

A

*when a person takes property without the intent to deprive the owner of the property but later develops the required intent
*the initial taking must have been wrongful

43
Q

fraud impacting consent

A

*fraud in the factum: unaware of the act consenting to / negates consent
*fraud in the inducement: aware of the act consenting to but unaware of related facts / does not negate consent

44
Q

when does acquittal of all other co-conspirators affect a defendant’s ability to be convicted?

A

*acquitted at same trial = can’t be convicted
*acquitted at different trial = can be convicted

45
Q

dangerous proximity (common law) vs. substantial step (majority) test for attempt

A

specific intent + performing an act sufficiently close to completing the target offense

vs.

specific intent + engaging in conduct that exceeds mere preparation and corroborates intent (substantial step)

46
Q

for what crimes is factual impossibility not a defense?

A

*attempt
*solicitation
*conspiracy

47
Q

when does an initial aggressor gain the right to claim self-defense?

A

*their non-deadly force is met with deadly force
*in good faith, they completely withdraw and communicate such withdrawal

48
Q

define “imperfect self-defense”

A

*when a person honestly but unreasonably believes another’s actions represent an immediate threat
*reduces a murder charge to voluntary manslaughter

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