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Bar Prep > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Mens rea

A

Culpable mental state.

Purpose: Actor intended to bring about result
Knowledge: Actor was aware the result would occur
Recklessness: Actor consciously disregarded an unreasonable risk the result would occur
Criminal negligence: Actor was unaware of a gross risk that a reasonable person would have perceived

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2
Q

Actus reus

A

Guilty act. A voluntary, conscious act that causes an unlawful result. This excludes acts done while unconscious.

An omission is an actus reus if D has ability and duty to act, based on statutory duty, legal duty by contract, status relationship, a voluntary rescue that is abandoned, or creating the risk.

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3
Q

Factual causation

A

But for: Result would not have occurred but for D’s conduct
Substantial factor: Result has multiple causes, but D’s conduct was a substantial factor
Acceleration: D’s conduct sped up inevitable death

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4
Q

Proximate causation

A

Harm has a reasonable relationship to the underlying conduct, meaning that it was within the risk created by D’s conduct (for negligence or recklessness) or sufficiently similar to the harm intended.

An intervening cause is superseding and breaks causal connection if it was not foreseeable–must be a coincidence, not dependent or responsive.

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5
Q

Murder

A

Unlawful killing of another human being committed with malice.

First degree murder: Premeditation and deliberation, meaning a fully formed conscious desire to kill with a period of reflection.

Depraved heart murder: Extreme reckless indifference to human life.

Intent-to-kill murder
Intent-to-commit-serious-bodily-injury murder

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6
Q

Felony murder

A

D intends to commit an independent felony and proximately causes the death of another during commission. The death must be a foreseeable outgrowth of D’s actions, and the felony must be inherently dangerous.

Most jurisdictions evaluate dangerousness based on abstract elements of the felony, while a minority use a contextual test that considers the felony as committed. The felony must also be independent, meaning that it does not share elements such that the underlying felony would merge as a lesser-included offense with the murder. The felony is considered complete, extinguishing liability, once D reaches a place of temporary safety.

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7
Q

Voluntary manslaughter

A

D commits an intentional killing but under circumstances that reduce the mens rea.

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8
Q

Heat of passion killing

A

D intentionally killed after experiencing adequate provocation. Applies if circumstances of the killing were such that a reasonable would lose control, there was a causal connection between the grounds for provocation and that subjectively experienced, and there was no time to cool off.

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9
Q

Imperfect self-defense

A

Imperfect self-defense applies if D meets some but not all elements for self-defense: (1) D killed in self-defense but started the confrontation, (2) D killed after the initial aggressor withdrew, or (3) D honestly but unreasonably believed that serious harm was imminent and deadly force necessary.

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10
Q

Involuntary manslaughter

A

D unintentionally causes the death of another due to recklessness, criminal negligence, or an unlawful act other than an inherently dangerous felony.

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11
Q

Battery

A

D commits a harmful or offensive touching without consent, done purposely, knowingly, recklessly, or negligently.

Aggravated battery occurs when the contact causes serious bodily injury, uses a deadly weapon, or the victim is a special class like child or law enforcement officer.

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12
Q

Assault

A

Assault occurs when D attempts battery or intentionally places another in reasonable apprehension of imminent battery.

Aggravated assault occurs when assault is committed with a deadly weapon or victim is a special class.

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13
Q

Kidnapping

A

Kidnapping is an abduction committed through force or threat of force. Must show that D restrained V’s liberty so that V could be concealed or transported.

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14
Q

False imprisonment

A

D intentionally and unlawfully confines another. D must intend to preclude means of escape, and V must subjectively believe there is no reasonable means of escape.

Generally a lesser included offense of kidnapping.

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15
Q

Rape

A

D commits a sexual intrusion against another person without consent. Sexual intrusion requires showing of any penetration, however slight, of vagina or anus, or oral penetration with a sex organ. D can avoid liability based on reasonable but mistaken belief that V consented.

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16
Q

Larceny

A

Trespassory taking and carrying away with intent to permanently deprive.

Continuing trespass: A person who wrongfully takes another’s property while intending to return it is guilty of larceny if she decides not to return the property.

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17
Q

Theft by false pretenses

A

D knowingly makes a false representation that causes V to transfer the title of property with the intent to defraud the victim of the property.

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18
Q

Embezzlement

A

D fraudulently converts another’s property when the property is in D’s lawful possession. Conversion occurs when there is a serious interference with another’s possessory interests.

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19
Q

Larceny by trick

A

D obtains possession of another’s property through a representation that D knows to be false.

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20
Q

Robbery

A

Larceny committed through force or threat of force in the presence of another or from the other’s person.

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21
Q

Extortion

A

D threatens to physically harm another or destroy another’s property for purposes of obtaining something of value.

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22
Q

Blackmail

A

D threatens to reveal information that will expose another to prosecution or public ridicule, for purpose of obtaining something of value

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23
Q

Receipt of stolen property

A

D receives property known to be stolen with intent to permanently deprive the owner thereof.

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24
Q

Forgery

A

D fraudulently makes a false writing with apparent legal significance, with the intent to make wrongful use of the forged document.

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25
Q

Burglary

A

Breaking and entering into the dwelling of another with intent to commit larceny or a felony therein.

Breaking includes any force, however slight, including pushing open a window. Entering occurs when any part of D’s body enters the structure, or a tool intended to be used for the felony.

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26
Q

Arson

A

D maliciously burns property. Can be intentional or reckless, and burning occurs when there is any charring, however slight.

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27
Q

Possession offenses

A

Statutory offense. A person may not knowingly or intentionally manufacture or distribute a controlled substance, or possess with intent to manufacture or deliver.

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28
Q

Solicitation

A

D asks or encourages another to commit a crime, with intent that the person solicited actually commit the crime.

Misdemeanor at common law but can be a felony. If offense occurs, solicitation merges with completed offense.

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29
Q

Attempt

A

D specifically intends to bring about a criminal result and takes a significant overt act in furtherance of that intent.

Overt act: At common law, was “last act” necessary to achieve result. Modern test is either based on “proximity” in time and distance or “equivocality” where D’s conduct could have no purpose other than criminal result.

Legal impossibility is a defense. MInority of jurisdictions recognize withdrawal as defense but only if it is voluntary and complete.

30
Q

Conspiracy

A

Agreement between two or more persons to commit a crime with an overt act in furtherance of the conspiracy.

Minority of jurisdictions allow unilateral conspiracies where only one party actually intends to commit crime.

Pinkerton doctrine: D is liable for crimes of any coconspirator if D was party to the conspiracy, offense was within scope of conspiracy, offense was in furtherance of conspiracy, D could reasonably have foreseen the offense as a natural consequence of the unlawful agreement.

Majority rule is that abandonment is not a defense, but abandonment cuts off future liability if communicated to co-conspirators. Minority rule recognizes abandonment offense if renouncing party gives timely notice and performs an affirmative act to thwart conspiracy.

31
Q

Accomplice liability

A

D is liable as accomplice if he (1) assists or encourages another with the commission of a crime, or (2) fails to oppose commission despite statutory duty.

Renunciation negates liability if accomplice, before the crime, stops assisting/encouraging the principle and effectively communicates intent to withdraw. Minority of jurisdictions also require thwarting crime.

MPC recognizes withdrawal if accomplice renders prior assistance completely ineffective, provides police with timely warning, or makes proper effort to prevent perpetrator from crime.

32
Q

Insanity

A

M’Naghten test: D suffers from a mental disorder that prevents him from understanding the nature of his conduct or not knowing that his actions were wrong.

Durham products test: Mental disorder or defect was but-for cause of the crime.

Irresistible impulse: D suffered from a mental disorder that prevented him from controlling his conduct.

MPC: D suffered from mental disorder that prevented him from substantially appreciating the wrongfulness of his conduct or conforming his conduct to the requirements of law.

33
Q

Incompetency

A

D cannot be tried or convicted unless he has the ability to understand the proceedings and participate in his own defense.

34
Q

Intoxication

A

Involuntary intoxication: Can negate mens rea for specific and general intent crimes

Voluntary intoxication: Can be valid defense to specific intent crime if it negates purpose or knowledge.

35
Q

Duress

A

D committed a criminal act because he reasonably believed it was the only way to avoid another’s unlawful threat of death or serious bodily harm. Not a defense to murder.

36
Q

Entrapment

A

D was in no way predisposed to commit the crime, and criminal act was product of activity originating with law enforcement.

37
Q

Self-defense

A

D reasonably believed use of force was necessary to prevent imminent death or serious bodily harm, the force used was proportionate, and D was not the first aggressor. If D was first aggressor, self-defense only available if V responded with disproportionate force or observed D’s complete withdrawal. Majority rule is there is no duty to retreat.

Defense of third person available if the third person could have successfully asserted self-defense.

38
Q

Defense of property

A

D used reasonable, non-deadly force to defend property from theft, destruction, or trespass. Requires that D reasonably believed that the property was in imminent danger.

39
Q

Necessity

A

D reasonably believed that perilous circumstances created an imminent threat of harm, and D used reasonably necessary force to cause a lesser harm that prevented the greater harm.

40
Q

Law enforcement defenses

A

Police may use non-deadly force reasonably necessary to effect lawful arrest or prevent escape. Deadly force only permissible to prevent dangerous felony or effectuate arrest of person reasonably believed to have committed felony where it reasonably appears necessary to officer.

Private citizen may use non-deadly force to prevent commission of felony or misdemeanor breach of peace. May only use deadly force if a dangerous felony is involved and victim was actually guilty of the crime.

41
Q

Exclusionary rule

A

All evidence seized in violation of the Fourth Amendment is inadmissible in the prosecutor’s case in chief.

Not a remedy for a Fourth Amendment violation, but a deterrent for law enforcement violations.

42
Q

Good faith exception

A

No exclusion for evidence obtained by officers acting in reasonable reliance on (1) search warrant issued by detached and neutral magistrate, (2) legislative acts later found unconstitutional, (3) binding judicial precedent later overturned, or (4) actions by court or clerical persons.

Applies to police negligence, though maybe not gross or systemic negligence.

43
Q

Fruit of the poisonous tree doctrine

A

Evidence obtained indirectly or directly from an illegal arrest, search, or seizure is excluded as tainted fruit.

44
Q

Exceptions to fruit of the poisonous tree

A

Evidence is not excluded if:

It was independently discovered through a source unrelated to the illegal conduct.

It would have been inevitably discovered despite the illegal activity.

Attenuation: A confession or consent to a search was distant enough from the initial illegality that it is voluntary and not a product of the Fourth Amendment violation. This considers: Miranda warnings, temporal proximity, intervening circumstances, and purpose and flagrancy of the official misconduct.

45
Q

Search

A

Government actor trespasses on constitutionally protected property or violates a reasonable expectation of privacy.

46
Q

Seizure

A

Property: Interference with possessory interest

Person: Physical contact with intent to restrain, or a show of authority that would cause a reasonable person to believe he was not free to leave if the subject actually submits.

47
Q

Valid warrant

A

Warrant must be (1) have probable cause, (2) supported by oath or affirmation, (3) describing with reasonable particularity the place to be searched and person or things to be seized, (4) issued by detached and neutral magistrate.

48
Q

Probable cause

A

Specific and articulable facts and reasonable inferences that show a fair probability that evidence will be found in a particular place or that a person has committed or is committing a crime.

49
Q

Knock and announce rule

A
50
Q

Reasonable suspicion

A

Specific and articulable facts and reasonable inferences that provide reason to suspect that a person has committed a crime, or has a weapon and poses a danger to the police or public.

51
Q

Arrests in public

A
52
Q

Arrest in the home

A
53
Q

Search incident to arrest

A
54
Q

Terry stop and frisk

A
55
Q

Plain view exception

A
56
Q

Hot pursuit exception

A
57
Q

Exigent circumstances exception

A
58
Q

Automobile exception

A
59
Q

Consent exception

A
60
Q

Special needs doctrine

A
61
Q

Administrative searches

A
62
Q

Fourth Amendment standing

A
63
Q

Confessions: Voluntariness

A
64
Q

Miranda rule

A

When a suspect is in custody and subject to interrogation, police must provide Miranda warnings.

Custody: Significant deprivation of freedom of movement, based on location, length, number of officers, what offers said/did, presence of restraints/weapons, and whether D was suspect or witness.

Interrogation: Police know or should have known that actions or inquiries are reasonably likely to elicit incriminating response.

65
Q

Invocation of Miranda rights

A

Right to silence

Right to counsel:

66
Q

Sixth Amendment right to counsel

A
67
Q

Fifth Amendment immunity

A
68
Q

Identifications

A

An identification violates due process if it was unnecessarily suggestive and conducive to irreparable mistaken identification. Suggestive identifications will only be admissible if reliable under totality of the circumstances analysis that considers: (1) how well witness saw criminal, (2) witness’s degree of attention, (3) accuracy of witness’s descriptions, (4) witness’s degree of certainty, and (5) time elapsed between crime and identification.

69
Q

Pretrial procedures

A
70
Q

Pretrial rights

A
71
Q

Double jeopardy

A
72
Q

Prosecution right to appeal

A

Bar Prep (6 decks)

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