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Essay Rules Flashcards > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Three elements of criminal offenses

A

Actus reus (wrongful act)
mens rea (guilty mind)
Causation (actual and proximate)

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2
Q

Model Penal Code Mens Reas

A

Purposely
Knowingly or willfully
Recklessly
Negligently

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3
Q

Three types of crimes

A

specific intent
general intent
malice

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4
Q

Specific intent crimes

A

Require subjective desire, specific objective, or knowledge to accomplish a prohibited result.

FIAT
- first-degree murder
- inchoate offenses (attempt, solicitation, conspiracy)
- assault with intent to commit battery
- theft offenses (larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery)

Defenses: can include unreasonable mistake of fact and voluntary intoxication, if interfere with required intent

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5
Q

General intent crimes

A

Require only intent to perform an unlawful act.

Include: battery, rape, kidnapping, false imprisonment

Defenses CANNOT include unreasonable mistake of fact or voluntary intoxication

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6
Q

Malice Crimes

A

Require reckless disregard of a high risk of crime. (Can be satisfied by actual intent, but only requires criminal act without excuse, justification, or mitigation.)

Include: common law murder, arson

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7
Q

First Degree Murder

A

Statutorily created category of murder that is deliberate and premeditated.
!!!! SPECIFIC INTENT CRIME !!!!

(Can also statutorily include felony murder)

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8
Q

Deliberate (first degree murder)

A

Defendant made decision to kill in a cool and dispassionate manner.

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9
Q

Premeditated (first degree murder)

A

Defendant had enough time to reflect on idea of or plan the killing. (Can be brief)

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10
Q

Common Law Murder

A

Unlawful killing of a human being committed with “malice aforethought.” Malice aforethought can be found if the killing is committed with any of the following four mental states:
- intent to kill
- intent to inflict great bodily injury
- reckless indifference to unjustifiably high risk to human life
- felony murder

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11
Q

Felny Murder

A

A defendant can be found guilty for an unintended and foreseeable killing that is proximately caused by or during the commission or attempted commission of an inherently dangerous felony.

These include: BARRK
- burglary
- arson
- robbery
- rape
- kidnapping

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12
Q

Limitiations on felony murder

A

Death of a bystander at hands of police officer or victim: D not liable under majority rule

Death of co-felon at hands of police officer or victim: D generally not guilty

Point of safety: killing occurs after commission of felony is complete and D reached place of safety—FMR does not apply

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13
Q

Second degree murder

A

Statutory version of common law murder

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14
Q

Voluntary manslaughter

A

Homicide committed with malice aforethought, but with mitigating circumstances. REQUIRES:

  1. A provocation that would arouse a sudden and intense passion in the mind of an ordinary reasonable person.
  2. D was actually provoked.
  3. There was not sufficient time for an ordinary person to cool off.
  4. D did not cool off.
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15
Q

Imperfect defense

A

murder may be reduced to voluntary manslaughter if D believed force was appropriate for defense even though it wasn’t

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16
Q

Involuntary manslaughter

A

An unintentional homicide committed with criminal negligence or while engaging in an unlawful act.

Criminal negligence = gross negligence that puts another person at serious risk of harm or death (a little less than depraved heart)

Unlawful act = killing committed in commission of malum in se misdemeanor like assault, battery, or commission of lesser felony

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17
Q

Battery

A

Intentional, unlawful application of force to another person that causes harmful or offensive touching. (General intent crime)

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18
Q

Assault

A

Either i) attempted battery or ii) intentionally placing one in apprehension of imminent bodily harm.

attempted battery = specific intent
fear of harm = general intent

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19
Q

False imprisonment

A

Unlawful confinement of another without consent by force or threat.

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20
Q

Kidnapping

A

Unlawful confinement without consent by force and threat AND moving or hiding the victim.

21
Q

Theft Crimes

A

All are specific intent.

Larceny
Embezzlement
Robbery
Burglary
False Pretenses
Larceny by Trick
Forgery
Arson
Perjury
Receiving Stolen Goods

22
Q

Larceny

A

i) trespassory
ii) taking and carrying away
iii) the personal property of another
iv) with specific intent to permanently deprive

23
Q

Embezzlement

A

Fraudulent conversion of the property of another by one who has lawful possession.

24
Q

Robbery

A

A larceny from another’s person committed by force or intimidation.

Assault and battery and larceny merge into robbery

25
Q

False pretenses

A

Obtaining title to property of another by fraud or deception.

26
Q

Larceny by trick

A

Larceny by fraud or deception resulting in the conversion of another’s property. (Victim delivers possession of, but not title to, property.)

27
Q

Forgery

A

Making of false writing with apparent legal significance and with intent to defraud.

28
Q

Arson

A

Malicious burning of the dwelling (structure) of another.

29
Q

Perjury

A

After promise to tell the truth, willfully makes false statement about a material matter.

30
Q

Receiving Stolen goods

A

Receiving control of stolen property, knowing it is stolen on receipt, and with intent to permanently deprive.

31
Q

Inchoate Crimes

A

All are specific intent!

CATS
- conspiracy
- attempt
- solicitation

Note solicitation and attempt merge into crime, but conspiracy doesn’t.

32
Q

Solicitation

A

Occurs when a person entices, encourages or asks another person to commit a crime with specific intent that the other person does commit the crime.

Agreement not required! Crime happens the moment of the ask/enticement

33
Q

Attempt

A

Requires specific intent to commit the crime and a substantial step beyond mere preparation.

Note you can’t attempt something that’s not a crime.

34
Q

Conspiracy

A

Agreement (express or implied) between two or more persons to accomplish an unlawful purpose with specific intent to agree and commit the criminal objective.

MPC allows unilateral.

Liability = all foreseeable crimes in furtherance of conspiracy (but if unknown person, examine nature of relationships)

35
Q

Withdrawal from Conspiracy

A

Withdrawal if before overt act

If withdraw after overt act, can avoid liability for crime (and related crimes), but not conspiracy

36
Q

Parties to Crime

A

Principals, Accomplices, Accessory After the Fact

37
Q

Principal

A

Perpetrator who commits required act or omission.

38
Q

Accomplice

A

Person who, with requisite mens rea, aids or abets a principal prior to or during commission of crime.

Mens rea: Majority approach = acts with purpose of promoting or facilitating the commission of the offense; minority approach = looser (merely voluntary act)

Liability: Responsible for crime to same extent as principal, including crimes that are the natural and probable consequences of accomplice’s conduct

39
Q

Accomplice withdrawal

A

i) Repudiate prior aid
ii) Do all that is possible to countermand prior assistance; and
iii) Withdraw before chain of events is in motion and unstoppable

40
Q

Accessory after the fact

A

Person who aids or assists a felon in avoiding apprehension or conviction after commission of felony can be liable for “obstruction of justice” or the like.

Requires:
i) Knowledge felony was committed
ii) Act specifically to aid or assist the felon
iii) Give aid or assistance to help avoid apprehension or conviction.

41
Q

Insanity defenses (four tests)

A

MNagthen
Irresistible Impulse
Durham
MPC

42
Q

M’Naghten

A

D is not guilty if cannot know either i) the nature and quality of the act or ii) the wrongfulness of the act

43
Q

Irresistible Impulse

A

D is not guilty if he lacks the capacity for self control and free choice because mental disease prevents him from conforming conduct to the law

44
Q

Durham

A

D is not guilty if unlawful act was product of mental disease and would not have been committed but-for disease

(BUT FOR TEST)

45
Q

MPC insanity test

A

D is not guilty if he did not have substantial capacity to appreciate wrong OR conform conduct to the law

(combines m’naghten and irresistible impulse)

46
Q

Intoxication as defense

A

voluntary: only defense for specific intent crimes, if prevents forming requisite intent

involuntary

47
Q

Self-defense

A

Use of reasonable force to protect oneself. (Must be proportionate—deadly force only for deadly force.)

48
Q

Duress

A

If third party’s unlawful threat causes D to reasonably believe the only way to avoid death or serious bodily injury to D or another is to violate the law, and D does so, D can claim duress. Fear of harm must be actual and reasonable.

Not a defense to murder, but can bring down from felony murder.

Essay Rules Flashcards (8 decks)

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