criminal law Flashcards
criminal defenses
*self-defense and defense of others
*insanity
*mistake of law or fact
*intoxication
*necessity
*duress
*defense of property
*reasonable discipline of children (battery)
when intoxication is allowed as a defense
*involuntary: for general, malice, and specific intent crimes
*voluntary: for specific intent crimes only
duress vs. necessity
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
type of force allowed in self-defense
*non-deadly: if reasonably fear imminent unlawful harm
*deadly: if actually and reasonably believe necessary to protect against imminent deadly force
elements of perjury
*willful act of falsely promising to tell the truth about material matters
*knowledge that the statements are false
*intent to say something false
elements of bribery
*corrupt payment of something of value
*for purposes of influencing an official in the discharge of official duties
elements of rape
*unlawful sexual intercourse
*with a female
*against her will by force or threat
*general intent
elements of kidnapping
*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
elements of arson
*malicious burning
*of another’s dwelling (more than the contents)
elements of burglary
*breaking (without permission)
*and entering
*into the dwelling
*of another
*at night
*with the intent to commit a felony inside
elements of battery
*unlawful application of force
*to another
*causing bodily harm or offensive touching
*general intent
elements of assault
*attempted battery (specific intent) OR
*intentionally placing another in fear of imminent bodily harm (general intent)
elements of robbery
*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)
what is extortion
*a variation of robbery
*threats of future harm
elements of larceny
*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
what is embezzlement
*a variation of larceny
*gain property lawfully with the victim’s consent then convert it to own use
what is false pretenses
*a variation of larceny
*obtain title to property through deception
types of manslaughter
*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
definition of murder
unlawful killing of another with malice aforethought
types of malice
*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
elements of attempt
*specific intent to commit a particular criminal act
*substantial step toward perpetrating the crime
what is solicitation
intentionally inviting, requesting, or commanding another person to commit a crime
elements of conspiracy
*agreement
*by two or more persons
*to commit an unlawful act
ways to withdraw from conspiracy
*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
four tests for insanity
*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
when is mistake of law a defense
*reliance on high-level government interpretations
*lack of notice (rare)
*mistake that goes to an element of specific intent
when is mistake of fact a defense
*strict liability crime: never
*general intent: if the mistake was reasonable
*specific intent: any mistake, whether reasonable or not
types of actors and their level of culpability
*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
types of merger
*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
when are children culpable
*under 7: never
*7-14: rebuttably presumed never
*14+: charged as an adult
four types of mens rea
*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
when does specific intent apply
*first degree murder
*inchoate crimes: attempt, solicitation, conspiracy
*assault with attempt to commit battery
*theft offenses
when does malice apply
*murder
*arson
elements of actus reus
*physical act or failure to act
*voluntary (have motor control)
when is a failure to act an actus reus
*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
federal jurisdiction
*in the U.S.
*on planes or ships
*national citizen anywhere in the world
state jurisdiction
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
required elements of a crime
*actus reus
*mens rea
*causation (actual and proximate)
common law vs. modern majority approach for convicting an accomplice
can be convicted only if the principal was previously convicted
vs.
can be convicted regardless
exceptions to accomplice liability
*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
agency (majority) vs. proximate theory (GA) for felony murder
liable only for deaths caused by co-felons
vs.
liable for deaths caused by anyone, if foreseeable
what is the continuing trespass rule?
*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
fraud impacting consent
*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
when does acquittal of all other co-conspirators affect a defendant’s ability to be convicted?
*acquitted at same trial = can’t be convicted
*acquitted at different trial = can be convicted
dangerous proximity (common law) vs. substantial step (majority) test for attempt
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)
for what crimes is factual impossibility not a defense?
*attempt
*solicitation
*conspiracy
when does an initial aggressor gain the right to claim self-defense?
*their non-deadly force is met with deadly force
*in good faith, they completely withdraw and communicate such withdrawal
define “imperfect self-defense”
*when a person honestly but unreasonably believes another’s actions represent an immediate threat
*reduces a murder charge to voluntary manslaughter
