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Criminal Law Flashcards

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1
Q

MPC insanity test

A

As a result of a mental defect, the defendant did not have the substantial capacity to
(1) appreciate the wrongfulness of the conduct; or
(2) conform his conduct to the law.

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2
Q

Common Law murder

A

the unlawful killing of another human being with malice aforethought.

NOT specific intent

Malice:
1 - intent to kill
2-intent to cause seriously bodily injury
3-depraved heart: cavalier disregard for human life
4-felony murder

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3
Q

How to withdraw as accomplice?

A

1 - repudiate prior aid

2- do all that is possible to countermand prior service

3 - do so before chain of events is in motion and unstoppable

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4
Q

Depraved Heart murder

A

cavalier disregard for human life

Majority - defendant must be aware of the risks involved

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5
Q

Malice

A

reckless disregard for high risk of harm. or knowledge.

Arson and Murder (I AM filled with malice)

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6
Q

Can malum prohibitum crimes lead to involuntary manslaughter (misdemeanor manslaughter)?

A

Generally no, unless willful or criminally negligent

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7
Q

Felony Murder

A

BARRK felony (or attempt)- burglary, arson, robbery, rape, kidnapping (must be independent of the death, not battery or assault)

Third person killed by non-felon (police officer or the victim):
—–Majority follows agency theory: not liable because not agent of felon. Minority follows proximate cause

Co-felon killed?
——-Majority: not liable
——–Minority: liable

Does not apply to death after flight

MAJORITY MERGER: the underlying felony merges into felony murder.

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8
Q

irresisitable impulse test

A

defendant has mental defect that prevents him from controlling himself

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9
Q

Voluntary manslaughter

A

Killing with malice aforethought, but in the “heat of passion” or “extreme emotional disturbance”.

Inflame the passion of a reasonable person and cause them to momentarily act out of passion rather than reason. Discover adultery, serious battery, threat of deadly force. Not mere words

Was there time to cool off?

Sometimes allowed under “imperfect self- defense” theory

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10
Q

Transferred Intent (criminal)

A

If defendant has mens rea for committing a crime against Victim A, but instead commits it against Victim B, then still guilty. Only applies to bad aim, not mistaken identity (no need for doctrine under mistaken identity).

does NOT apply to attempt crimes

Homicide Arson Battery (HAB a good time)

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11
Q

Receipt of Stolen Goods

A

Requires:
(1) receiving control
(2) knowledge that the property is stolen
(3) intent to permanently deprive owner of property

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12
Q

Involuntary manslaughter

A

Criminally negligent (reckless under MPC) killing of a human being OR

Misdemeanor manslaughter

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13
Q

First Degree Murder

A

Statutory

Deliberate and premeditated killing OR felony murder

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14
Q

Robbery

A

Larceny PLUS

(1) from the person or in the presence of another
(2) achieved by force or intimidation (threat to property probably not enough)

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15
Q

Conspiracy

A

1 - agreement
2- between 2 or more people (can be unilateral under MPC)
3- to commit an unlawful act (specific intent)
4 - performance of an overt act in furtherance of the conspiracy (MPC - not needed if it is a 1st or 2nd degree felony)

Co-conspirator is liable for both conspiracy and the substantive crime (Pinkerton), including all other crimes in furtherance of the crime.

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16
Q

Burglary

A

Modern Rule:

1 - breaking
2- entering
3- the property
4- of another
5 - with the specific intent to commit a felony therein

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17
Q

Criminal battery

A

1 - unlawful
2- application of force
3- to the person of another
4- causes bodily harm or is offensive

general intent

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18
Q

Kidnapping

A

1 - unlawful
2- confinement of another person
3 - against the person’s will
4 - coupled with either movement or hiding of the person

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19
Q

Embezzlement

A

Fraudulent
conversion
of another’s property
by a person who is in lawful possession of property

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20
Q

Actus Reus

A

a voluntary, affirmative act, or failure to act that causes a criminally proscribed result

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21
Q

Perjury

A

willful act of promising to tell the truth, writing or verbally, and the falsehood is material to the resolving of the case

22
Q

Merger

A

All inchoate crimes merge except for conspiracy. (unless two different victims)

This occurs even if the completed crime was different than the inchoate crime, if it is a natural consequence (attempted robbery merges with murder)

Can be concurrently prosecuted, but not convicted of, for multiple inchoate crimes though.

Lesser offenses merge into more serious offenses

23
Q

Withdrawal from conspiracy

A

Majority rule: may withdraw after the agreement but before the overt act by (1) communicating withdrawal to other co-conspirators, or (2) reporting to police. Regardless, co-conspirator can limit their liability by doing these things.

Minority: may only withdraw by trying to thwart the crime

Common law: cannot withdraw after agreement entered into

24
Q

Involuntary intoxication

A

valid defense to specific and general, if it negates the mens rea

valid defense to strict liability, if it negates actus reus (not voluntary)

Can be if you take a substance not knowing it is intoxicating.

25
Q

Can you renunciate solicitation?

A

common law: nope

MPC: only if you also try to thwart the success of the crime

26
Q

Impossibility as a defense

A

only if it is not actually a crime, not if it was factually impossible

27
Q

Abandonment as defense for attempt

A

You can abandon until you complete the actus reus

28
Q

Larceny

A

1- taking
2- another person’s property
3- without his consent (trespassatory)
4 - with intent to deprive him of it permanently

Specific intent

29
Q

Mistake of fact

A

Mistake of fact - available if negates mens rea for specific intent (even if unreasonable). for general intent, must be reasonable

30
Q

mistake of law

A

Mistake of law only valid IF

(1) relied on official interpretation
(2) statutory definition of malum prohibitum was not available before defendant’s conduct; OR
(3) mistake negates requisite mens rea for specific intent crimes.

31
Q

Voluntary intoxication

A

Only valid for specific intent crimes if it negates mens rea, but not valid if one gets drunk for the purpose of committing the crime.

Only requires taking of substance known to be intoxicating.

32
Q

Solicitation

A

Individual (1) intentionally (2) requests, invites, or commands another person to (3) commit a crime.

If the person agrees, then it is a conspiracy.

Specific intent crime - must intend for them to commit the crime.

33
Q

When is there an affirmative duty to act?

A

1 - imposed by statute
2 - special relationship
3- contract
4 - detrimental undertaking (rescue)
5 - causation (failing to aid after causing victim’s peril)

34
Q

specific vs. general intent

A

specific - have specific purpose, objective, or sufficient knowledge to accomplish the RESULT

general - intend just to do the unlawful act

35
Q

MPC knowledge

A

D knows that the result is practically certain to occur

36
Q

Attempt

A

1 - Overt act toward commission of crime

——–substantial step (majority)
——–dangerous-proximity (minority)

2 - with specific intent to commit the crime

37
Q

Duty to retreat?

A

Majority - no duty to retreat.

Minority - duty to retreat if it can safely be done.

NO duty to retreat if in your home.

38
Q

Arson

A

Malicious

Burning

Of the dwelling

of another

39
Q

Intent for Accomplice liability

A

Dual intent
1- intend to provide aid
2 - intend that crime actually be committed

liable for any crimes that are natural and foreseeable consequence, but only if those crimes were completed in furtherance of the crime intended.

40
Q

M’Nagten

A

defendant not guilty because of mental defect, the defendant did not know either (1) nature and quality of act; OR (2) the wrongfulness of the act

Not irresistible impulse

41
Q

Durham rule

A

but for mental defect test

42
Q

Incompetence to stand trial

A

(1) D comprehends nature of charges against him
(2) ability to consult with lawyer with reasonable degree of rational understanding

43
Q

Accomplice liability

A

(1) aids or abets another before or during crime (does not need to be substantial aid and can even be entirely unnecessary)

(2) has specific intent that crime be committed.

44
Q

Larceny by trick vs false pretenses

A

false pretenses - acquire title through false misrep

larceny by trick - acquire possession, not title, through fraud

45
Q

False pretenses

A

1 - obtaining title to property

2 - of another person

3 - through the reliance of that person

4 - on a known false representation of a material past or present fact, and

5 - representation made with intent to defraud

46
Q

Double Jeopardy

A

prevents

47
Q

Multiple co-conspirators

A

If all other co-conspirators acquitted at trial, then remaining co-conspirator cannot be convicted of conspiracy.

BUT, if co-conspirators are never tried, remaining co-conspirator CAN be convicted.

48
Q

Can force be used to prevent a crime?

A

Yes

Deadly force - to prevent crime of death or serious bodily injury

Non-deadly force - lesser felonies and breach of peace misdemeanors

49
Q

Strict liability crimes and vicarious liability

A

No actus reus required.

Limited to regulatory crimes for which a punishment is only a fine.

50
Q

Definition of Principal

A

Commits criminal act with requisite mens rea OR
Tricks or forces an innocent agent to commit the criminal act

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