Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal Law & Procedure > Criminal Law > Flashcards

Criminal Law Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

When does a state have jurisdiction over a crime?

A

A state has jurisdiction over a crime if
(1) any act constituting an element of the offense was committed in the state
(2) an act outside the state caused a result in the state
(3) the crime involved neglect of a duty imposed by the law of the state
(4) there was an attempt or conspiracy outside the state with an act inside the state
(5) there was an attempt or conspiracy inside the state to commit an offense outside of it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is merger in criminal law?

A

At common law, if the person engaged in conduct that constituted a misdemeanor and a felony, the misdemeanor merged into the felony and she could be convicted only of the felony.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Does modern law recognize merger?

A

There is no merger in modern law, except for the crimes of solicitation and attempt which do merge with the completed offense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Under the MPC, may a defendant be convicted of more than one inchoate crime?

A

No, if the conduct was designed to culminate in the commission of the same offense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is a felony?

A

A felony is a crime punishable by death or more than one year of imprisonment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is actus reus?

A

Actus reus is a bodily movement that is either a voluntary act or a failure to act under circumstances imposing a legal duty to act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is a misdemeanor?

A

A misdemeanor is a crime punishable by one year or less of imprisonment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are bodily movements that do no qualify for criminal liability?

A

Conduct that is not of the person’s own volition, reflexive or convulsive acts or acts performed when unconscious or asleep.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When is an omission an act giving rise to criminal liability?

A

An omission gives rise to liability only if there is a legal duty to act, the defendant knew of the facts giving rise to the duty, and it is reasonably possible to perform the act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When does a legal duty arise?

A

(1) by statute
(2) by contract
(3) by virtue of the relationship between the parties (parent/child, spouses)
(4) the voluntary assumption of care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

When is possession an act?

A

Possession is an act when the defendant is aware the item is in his possession and has dominion and control over the item for long enough to have had an opportunity to terminate the possession.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is specific intent?

A

Specific intent is the doing of an act with a specific objective. The manner in which the crime was committed may give circumstantial evidence of intent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Which crimes are specific intent crimes?

A

Solicitation
Conspiracy
Attempt
First-degree murder
Assault
Larceny
Embezzlement
False pretenses
Robbery
Burglary
Forgery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is malice?

A

Malice is a reckless disregard for an obvious or high risk that a particular harmful result will occur.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Which crimes are malice crimes?

A

Common law murder and arson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is general intent?

A

General intent means the defendant has awareness of all factors constituting a crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

How may a jury infer general intent?

A

A jury may infer general intent from the mere doing of the act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is a strict liability offense?

A

A strict liability offense is a regulatory, administrative, or moral offense that does not require awareness of all factors constituting the crime. The defendant can be found guilty merely from doing the act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is “purposeful” under the MPC?

A

A person acts purposefully when their conscious object is to engage in certain conduct or cause a certain result.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is “knowingly” under the MPC?

A

A person acts knowingly with respect to the nature of their conduct when they are aware their conduct is of a particular nature or that certain circumstances exist. A person also acts knowingly when they are aware of a high probability that they exist and deliberately avoid learning the truth.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is “recklessly” under the MPC?

A

A person acts recklessly when they consciously disregard a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow and this disregard constitutes a gross deviation from the standard of care that an reasonable person would exercise.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is negligence under the MPC?

A

A person acts negligently when they fail to be aware of a substantial and unjustifiable risk, where such risk deviates from the standard of care a reasonable person would exercise.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is a vicarious liability criminal offense?

A

A vicarious liability offense is one in which a person without personal fault is nonetheless held liable for the criminal conduct of another.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are the limits on vicarious criminal liability?

A

Vicarious criminal liability is limited to regulatory offenses and the punishment is limited to fines.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is transferred intent in criminal law?

A

Transferred intent applies when a defendant intended the harm that actually occurred, but to a different victim or object.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Which crimes does transferred intent apply to?

A

Transferred intent applies to homicide, battery, and arson. It does not apply to attempt.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is the requirement of a concurrence of mental fault and a physical act?

A

The defendant must have had the intent necessary for the crime at the time he committed the act constituting the crime, and the intent must have prompted the act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What are the common law accomplices to a crime?

A

(1) principal in the first degree - people who actually engaged in the act that constituted the crime, or who caused an agent to commit the crime
(2) principal in the second degree - people who aided, counseled, advised, or encouraged the principal and were present at the crime
(3) accessory before the fact - people who assisted or encouraged the crime but were not present
(4) accessory after the fact - people who, with knowledge of the crime, assisted the other escape arrest and punishment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Is a conviction of a principal necessary for accomplice liability?

A

At common law, conviction of a principal was required. Most states have abolished this requirement.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is a principal?

A

A principal is one who, with the requisite mental state, actually engages in the act that causes the criminal result.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What is an accomplice?

A

An accomplice is one who aids, advises or encourages the principal in commission of the crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What is an accessory after the fact?

A

An accessory after the fact is one who assists another knowing the other has committed a felony, to help them escape.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What is the punishment for an accomplice?

A

An accomplice can be found guilty of and punished for the principal offense, as well as any other crimes that were probable or foreseeable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What is punishment for an accessory after the fact?

A

This is a separate crime and the punishment usually bears no relation to the principal offense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What is the mens rea requirement for accomplice liability?

A

The accomplice must have an intent to assist the principal and an intent that the principal commit the substantive offense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What is the mens rea for accomplice liability if the mens rea for the substantive crime is recklessness or negligence?

A

The accomplice must have and intent to facilitate commission of the act and acted with recklessness or negligence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Is knowledge that the principal will commit a crime enough for accomplice liability?

A

No, mere knowledge is not enough for accomplice liability, at least where the aid given is in the form of the sale of ordinary goods at ordinary goods at ordinary prices.

38
Q

What parties are not subject to accomplice liability?

A

(1) members of a class protected by statute
(2) parties necessary to commit the crime by statutory definition but who are not provided for in the statute

39
Q

May a person withdraw from accomplice liability?

A

Yes, as long as withdrawal occurs before the crime becomes unstoppable.

40
Q

When is withdrawal from accomplice liability effective?

A

Withdrawal is effective when some action is taken:

-person who encouraged must repudiate
-person providing assistance must attempt to neutralize
-notifying the police is sufficient

41
Q

What is a conspiracy?

A

A conspiracy is an agreement between two or more persons, an intent to enter an agreement, and an intent by at least two persons to achieve the objective of the agreement.

42
Q

What acts are required for a conspiracy?

A

Most states require an overt act, but mere preparation is enough.

43
Q

What is the MPC approach to conspiracy?

A

Under the MPC, only one person needs to have genuine criminal intent.

44
Q

What is the common law approach to conspiracy?

A

At common law, at least two guilty minds were required to form a conspiracy. Thus, if only one person in a two person agreement was feigning intent, there was no conspiracy.

45
Q

What is the Wharton Rule?

A

Under the Wharton Rule, where two or more people are necessary for the substantive offense (e.g. adultery, dueling), there is no conspiracy if only two parties participate in the agreement.

46
Q

Can there be a conspiracy if the agreement involves necessary parties not provided for (e.g. crime is sale of narcotics that only punishes the seller for the substantive offense)?

A

Yes.

47
Q

Can a person who is in a class protected by statute be a member of a conspiracy?

A

No, and a person who is not a member of the class cannot be in a conspiracy with someone who is.

48
Q

What happens if all other members of the conspiracy are acquitted?

A

Under the traditional view, acquittal of all other persons in the conspiracy precluded conviction of the defendant for conspiracy. In some state following this view a conviction for a defendant may stand if the co-conspirator is acquitted in a separate trial.

49
Q

What is the specific intent required for a conspiracy?

A

The parties must have the intent to agree and the intent to achieve the objective of the conspiracy.

50
Q

When does a conspiracy terminate?

A

A conspiracy generally terminates when the wrongful objective is completed.

51
Q

Why is determining the time a conspiracy completed important?

A

The termination is important because statements of coconspirators are admissible against a conspirator only if they were made in the furtherance of the conspiracy.

52
Q

What crimes is a coconspirator liable for?

A

A coconspirator is liable for crimes committed by other conspirators if the crimes were committed in furtherance of the objectives of the conspiracy and were foreseeable.

53
Q

Is factual impossibility a defense to conspiracy?

A

No.

54
Q

Is withdrawal a defense to conspiracy?

A

Generally, no because the conspiracy is complete when the agreement and act in furtherance are complete. Withdrawal may be a defense to crimes committed in furtherance of the conspiracy, including the substantive target crime.

55
Q

When is withdrawal from a conspiracy effective?

A

Withdrawal is effective when the conspirator performs an overt act that notifies all members of the conspiracy of his intent to withdraw. Notice must be given in time for the other members to abandon the plan. If the conspirator has provided assistance as an accomplice, he must neutralize assistance.

56
Q

What is solicitation?

A

Solicitation is asking, inciting, counseling, advising, urging or commanding another person to commit a crime with the intent that the person solicited commit the crime.

57
Q

Is withdrawal a defense to solicitation?

A

Majority rule is withdrawal is not a defense. MPC recognizes renunciation if the defendant prevents the commission of the crime.

58
Q

What if the solicitor could not be guilty of the completed crime?

A

If the solicitor could not be guilty of the completed crime because of a legislative intent to exempt them, the solicitor can’t be guilty of solicitation.

59
Q

What offenses does solicitation merge with?

A

Solicitation merges with the target offense, if the offense is committed.

It merges with an attempt, if the person agrees and acts are committed sufficient for attempt.

It merges with conspiracy if the person agrees but the acts are not enough for attempt.

60
Q

What are the elements of attempt?

A

Attempt requires the specific intent to commit the substantive crime and an overt act in furtherance of the crime.

61
Q

Can a defendant commit an attempt of a crime that has a mens rea of recklessness or negligence?

A

No, because a defendant can’t intend to be reckless or negligent.

62
Q

What is an overt act in an attempt?

A

An overt act is beyond mere preparation. Traditionally, courts required dangerous proximity. Modern and MPC view is that a substantial step that strongly corroborates criminal purpose is needed.

63
Q

Is abandonment a defense to attempt?

A

Abandonment was not a defense at common law. The MPC provides that a full, voluntary and complete abandonment is a defense.

64
Q

What is legal impossibility?

A

Legal impossibility occurs when the defendant, having completed all acts, would have committed no crime.

65
Q

Is legal impossibility a defense to attempt?

A

Yes, because the target offense isn’t a crime.

66
Q

What is factual impossibility?

A

Factual impossibility is when the substantive crime could not be committed due to some physical or factual condition.

67
Q

Is factual impossibility a defense to attempt?

A

No.

68
Q

What is murder at common law?

A

Murder is the unlawful killing of a human being with malice aforethought.

69
Q

What is the common law mens rea for murder?

A

(1) intent to kill
(2) intent to cause serious bodily harm
(3) reckless indifference to an unjustifiably high risk to human life (depraved heart)
(4) intent to commit a felony

70
Q

Which killings constitute first degree murder?

A

First degree murder is murder that is premeditated and deliberate. In many states, felony murder is also first degree, as is murder committed in certain ways (such as killing a law enforcement officer).

71
Q

What is the effect of intoxication on intent?

A

If the crime is a specific intent crime, voluntary intoxication may negate specific intent. If the crime is a general intent crime, voluntary intoxication is not a defense.

72
Q

What felonies constitute felony murder?

A

Burglary, arson, rape, robbery, kidnapping.

73
Q

What is second degree murder?

A

Second degree murder is usually depraved heart killing.

74
Q

Is a defense to the underlying felony a defense to felony murder?

A

Yes because the defendant must have committed or attempted to commit the felony.

75
Q

Can a crime like battery be the felony for felony murder?

A

No, the felony and the murder must be distinct crimes.

76
Q

What is the foreseeability requirement in felony murder?

A

Death must be a foreseeable result of the felony.

77
Q

When does liability for murder end after a felony?

A

The death must have occurred before the defendant’s immediate flight. Once the defendant has reached a place of temporary safety, subsequent deaths are not felony murder.

78
Q

Is a defendant liable for felony murder if the decedent is a co-felon?

A

No.

79
Q

What is the proximate cause theory of felony murder?

A

Under the proximate cause theory, felons are liable for the deaths of innocent victims if the death was caused by someone other than a co-felon.

80
Q

What is the agency theory of felony murder?

A

Under the agency theory, the killing must have been committed by the felon or his agent.

81
Q

What is voluntary manslaughter?

A

Voluntary manslaughter is a killing that would be a murder but for the existence of adequate provocation.

82
Q

When is provocation adequate to reduce a crime from murder to manslaughter?

A

(1) The provocation must be sufficient to arouse a sudden and intense passion in the mind of an ordinary person, causing a loss of self control (threat of deadly force, finding spouse in bed with another, serious battery).
(2) The defendant must be in fact provoked.
(3) There was not sufficient time to cool off
(4) The defendant did not in fact cool off.

83
Q

What is imperfect self defense?

A

Imperfect self defense is when murder is reduced to manslaughter even though the defendant was at fault for stating the altercation or the defendant unreasonably but honestly believed in the necessity of responding with deadly force.

84
Q

What is involuntary manslaughter?

A

A killing is involuntary manslaughter if it was committed with criminal negligence or recklessness (MPC) or a death resulted from the commission of a misdemeanor or felony not subject to felony murder.

85
Q

What is the causation requirement for an unlawful killing?

A

The defendant’s conduct must be the cause-in-fact and the proximate cause of the victim’s death.

86
Q

What is a cause-in-fact in criminal law?

A

A defendant’s conduct is the cause in fact if the result would not have happened but for the defendant’s conduct.

87
Q

What is proximate cause in criminal law?

A

A defendant’s conduct is the proximate cause of the result if the result is the natural and probable consequence of the conduct, even if the defendant did not anticipate the precise manner of the result.

88
Q

Is an act that hastens an inevitable result a legal cause of the result?

A

Yes.

89
Q

Does a victim’s fragility break the chain of causation?

A

No.

90
Q

What is the year and a day rule?

A

At common law, a defendant was not liable for homicide if the death occurred more than a year and a day after the infliction of the injury. Abolished in most jurisdiction.

91
Q

Does an intervening act shield a defendant from liability for homicide?

A

An intervening act only shields a defendant from liability if the intervening act is a coincidence or unforeseeable.

92
Q

Does a third party’s negligent medical care or the victim’s refusal to seek treatment a supervening cause?

A

No. These are both foreseeable risks.

Criminal Law & Procedure (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions