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MEE Bar Prep > Criminal Law > Flashcards

Criminal Law Flashcards

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MBE flashcards
1
Q

What are the three elements of any crime?

A
  • Act (actus reus) - voluntary act or failure to act when duty exists
  • State of mind (mens rea)
  • Causation
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2
Q

What are the five kinds of intent?

A
  • Specific Intent (intent to commit the crime)
  • General intent (intent to perform the unlawful act)
  • Malice (reckless disregard of the high probability of harm)
  • Strict liability (e.g. bigamy)
  • Transferred intent
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3
Q

What are the four categories of crime that have a specific intent requirement?

A

FIAT (First Degree Murder, Inchoate Crimes, Assault/Attempted Battery, Theft)

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4
Q

What crimes have a malice mens rea and what is malice?

A
  • Murder
  • Arson
  • Malice: Reckless disregard of a high probabilty of harm (don’t need to act with ill will toward victim)
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5
Q

When is someone an accomplice to a crime?

A
  • When they act with the requisite mens rea to aid the principal before or during the commission of a crime
  • Simply having knowledge about the mere possiblity of a crime does not make someone an accomplice
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6
Q

How do you withdraw as an accomplice?

A
  • Repudiate or countermand prior aid
  • Do so before events are unstoppable
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7
Q

When is someone an accessory after the fact?

A

When they act with intent to assist the principal to avoid apprehension after a felony is complete

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8
Q

What is the difference in liability between an accomplice and accessory?

A
  • Accomplice - for planned and other foreseeable crimes, principal does not need to be convicted
  • Accessory: Separate crimes (e.g. obstruction) but not the principal’s crime
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9
Q

What is solicitation?

A
  • To invite or urge another to commit a crime with the intent the party do so
  • Refusal and factual impossibility are not defenses
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10
Q

What is the definition of attempt and what are the two defenses?

A
  • Specific intent to commit a crime
  • Substantial step beyond mere preparation
  • Defenses: Legal Impossibility, no formation of specific intent
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11
Q

What is the definition of conspiracy and what are the defenses?

A
  • Agreement (express or implied) between 2+ people (MPC/Modern says 1 is okay)
  • Intent to achieve unlawful purpose
  • Overt act in furtherance (MPC/Modern)
  • Defenses: withdrawal if before overt act; if after, can avoid liability for crime not conspiracy
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12
Q

What is the scope of liability of conspiracy?

A
  • for all foreseeable crimes committed in furtherance of the conspiracy;
  • if the crimes was committed by unknown co-conspirators, liability will depend upon whether it was a chain or hub-spoke relationship
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13
Q

What is the definition of homicide?

A

the killing of a living human being by another (includes murder and manslaughter)

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14
Q

What are the forms of malice available for murder?

A
  • Intent to kill
  • Intent to do serious bodily harm
  • Reckless indifference to human life (depraved heart)
  • Felony murder (BARRK felony)
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15
Q

What are the inherently dangerous felonies that can predicate felony murder?

A

BARRK
* Burglary
* Arson
* Rape
* Robbery
* Kidnapping

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16
Q

What are the defenses to felony murder?

A
  • Defense to the underlying felony
    ♦ Felony not independent of the killing (e.g., aggravated battery)
    ♦ Death not a foreseeable result (no proximate cause)
    ♦ Death occurred after the felony was complete and D reached a point of safety
    Death of a co-felon caused by resistance by the victim or police is not subject to FMR
17
Q

What is voluntary manslaughter?

A

Murder committed in response to adequate provocation (heat of passion)
◦ Heat of passion—would provoke reasonable person and with no chance to cool off
◦ Provocation must cause fatal act; imperfect self-defense qualifies to mitigate murder to voluntary manslaughter

18
Q

What is involuntary manslaughter?

A

Unintentional kiling caused by criminal negligence (MPC: recklessness) or doing unlawful act

19
Q

What is battery?

A
  • Unlawful application of force
  • To another
  • That causes a harmful of offensive touching
20
Q

What is assault?

A
  • Attempted battery OR
  • Intentionally
  • Placing one in apprehension
  • Of imminent bodily harm
21
Q

What is false imprisonment?

A
  • Unlawful confinement
  • Of another
  • Without consent
  • By force or threat
22
Q

What is kidnapping?

A
  • Unlawful confinement
  • Without consent
  • By force or threat
  • Involving the moving or hiding of the victim
23
Q

What is larceny?

A
  • Trespassory taking and carrying away
  • Of personal property
  • Of another
  • With the intent to permanently deprive
  • NOTE: MPC eliminated “carrying away” and focuses on D’s unlawful control
24
Q

What is robbery?

A
  • Trespassory taking and carrying away
  • Of personal property
  • Of another
  • With the intent to permanently deprive
  • From another person’s or presence
  • By force or intimidation
  • AKA: Larceny + assault/battery
25
Q

What is burglary?

A
  • Breaking and entering
  • The dwelling of another
  • At night
  • With the intent to commit a felony therein
  • Modern Rule: Entering or remaining in a structure with intent to commit theft
26
Q

What is embezzlement?

A
  • Fraduluent conversion
  • Of the property of another
  • By one who has lawful possession
27
Q

What is false pretenses?

A
  • Obtaining title
  • To property of another
  • By fraud or deception
28
Q

What is larceny by trick?

A
  • Larceny
  • By fraud or deception
  • Resulting in the conversion of another’s property
29
Q

What is forgery?

A
  • Making of false writing
  • With apparent legal significance
  • And with intent to defraud
30
Q

What is arson?

A
  • Malicious burning
  • Of the dwelling (“structure”) of another
31
Q

What is perjury?

A
  • After promise to tell truth
  • Willfully
  • Makes false statement
  • Of material matter
32
Q

What is receiving stolen goods?

A
  • Receiving control of stolen property
  • Knowing it is stolen
  • With intent to permanently deprive
33
Q

What is mistake of fact and when does it serve as a defense?

A
  • honest and reasonable mistake negates specific intent, general intent, or malice crime;
  • if unreasonable, it will negate only specific intent crime (not general intent or malice crime)
  • NOTE: Factual impossibility is never a defense
34
Q

What is mistake of law and when does it serve as a defense?

A
  • Generally no defense unless mistaken about an element that negates intent, reliance on gov’t interpretation that later changes or lack of notice,
  • Legal Impossibility: Can be a defense
35
Q

What are the four insanity tests?

A

Every test requires D have a mental disease or defect, plus:
* M’Naghten—did not know either the nature and quality or the wrongfulness of the act
* Irresistible impulse—lacks capacity for self-control to conform her conduct to the law due to mental disease or defect
* Durham—would not have committed crime “but for” mental disease/defect; less favored
* MPC—lacked substantial capacity to appreciate the wrongfulness or to conform conduct due to mental disease or defect

36
Q

When do voluntary and involuntary intoxication serve as a defense?

A
    • Voluntary—applies to negate specific intent only; MPC: negates purposely/knowingly
  • Exception: intoxication to specifically negate intent for crime, then no defense at all
  • Involuntary—applies to negate an element, including general or specific intent, malice, and voluntary acts (i.e., the required actus reus for a strict liability crime)
37
Q

When can deadly force be used in self-defense?

A

When reasonably necessary to prevent death or serious injury, or to prevent a serious felony involving a risk to human life

38
Q

What is duress and when is it available?

A
  • Threat of death or serious bodily injury forced D to commit crime (not murder)
39
Q

What is malum in se and malum prohibitum and when is it relevant?

A

Malum in se means wrong in itself or inherently dangerous, whereas malum prohibitum refers to wrongs that are merely prohibited, but not inherently immoral or hurtful. A defendant who commits a malum in se act knows the act is criminal, therefore possess sufficient knowledge to be guilty of a criminal act. Malum prohibitum wrongs resulting in homicide generally do not lead to an involuntary manslaughter conviction unless the defendant was willful or criminally negligent.

MEE Bar Prep (16 decks)

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