Criminal Law Flashcards by Scott Lowder

What are the three elements of any crime?

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

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What are the five kinds of intent?

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

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

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

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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When is someone an accomplice to a crime?

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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How do you withdraw as an accomplice?

Repudiate or countermand prior aid
Do so before events are unstoppable

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When is someone an accessory after the fact?

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

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

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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What is solicitation?

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

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

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

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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What is the scope of liability of conspiracy?

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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What is the definition of homicide?

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

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What are the forms of malice available for murder?

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

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

BARRK
* Burglary
* Arson
* Rape
* Robbery
* Kidnapping

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What are the defenses to felony murder?

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

What is voluntary manslaughter?

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

What is involuntary manslaughter?

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

What is battery?

Unlawful application of force
To another
That causes a harmful of offensive touching

What is assault?

Attempted battery OR
Intentionally
Placing one in apprehension
Of imminent bodily harm

What is false imprisonment?

Unlawful confinement
Of another
Without consent
By force or threat

What is kidnapping?

Unlawful confinement
Without consent
By force or threat
Involving the moving or hiding of the victim

What is larceny?

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

What is robbery?

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

What is burglary?

* 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

What is embezzlement?

* Fraduluent conversion * Of the property of another * By one who has lawful possession

What is false pretenses?

* Obtaining title * To property of another * By fraud or deception

What is larceny by trick?

* Larceny * By fraud or deception * Resulting in the conversion of another's property

What is forgery?

* Making of false writing * With apparent legal significance * And with intent to defraud

What is arson?

* Malicious burning * Of the dwelling ("structure") of another

What is perjury?

* After promise to tell truth * Willfully * Makes false statement * Of material matter

What is receiving stolen goods?

* Receiving control of stolen property * Knowing it is stolen * With intent to permanently deprive

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

* 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

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

* 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

What are the four insanity tests?

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

When do voluntary and involuntary intoxication serve as a defense?

* * 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)

When can deadly force be used in self-defense?

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

What is duress and when is it available?

* Threat of death or serious bodily injury forced D to commit crime (not murder)

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

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.