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Criminal Law Flashcards

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1
Q

Elements of a crime

A
  1. actus reus (physical act)
  2. mens rea (mental state)
  3. concurrence of act and mental state
  4. causation (sometimes)
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2
Q

Actus reus

A

Voluntary physical act OR omission when there was a legal duty to act

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3
Q

Bodily movements with no criminal liability (involuntary)

A
  • conduct not product of one’s own volition
  • reflexive or convulsive act
  • act performed while unconscious or asleep
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4
Q

Failure to act gives rise to criminal liability if:

A
  1. Legal duty to act
  2. D knows about facts giving rise to duty AND
  3. reasonably possible to perform duty
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5
Q

Legal duty to act (5 circumstances)

A
  1. by statute (filing a tax return)
  2. by contract (lifeguard or nurse on duty)
  3. relationship between the parties (parent/child and spouse/spouse)
  4. voluntary assumption of care (“I’ll save him!”)
  5. D created the peril (pushing a person who can’t swim into the pool)
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6
Q

Possession as a crime

A

D has control of item for long enough period of time to have opportunity to terminate possession

Can be actual or constructive - located in an area within D’s dominion and control

Must be aware of possession, but not illegality if not state of mind requirement in the statute

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7
Q

Specific intent

A

Crime requires act PLUS doing it with a specific objective

Doing the act alone ≠ specific intent

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8
Q

Additional defenses available for specific intent crimes

A
  1. voluntary intoxication
  2. unreasonable mistake of fact
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9
Q

Specific intent crimes

A

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

  • Solicitation = intent to have person solicited commit a crime
  • Conspiracy = intent to have crime completed
  • Attempt = intent to complete the crime
  • First degree premeditated murder = premeditated intent to kill
  • Assault = intent to commit a battery
  • Larceny = intent to permanently deprive other of interest in property taken
  • Embezzlement = intent to defraud
  • False pretenses = intent to defraud
  • Robbery = intent to permanently deprive other of interest in property taken
  • Burglary = intent to commit felony in dwelling
  • Forgery = intent to defraud
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10
Q

Malice crimes and intent required

A

second degree murder and arson

reckless disregard of obvious or high risk that particular harmful result will occur

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11
Q

General intent

A

D had an awareness of all factors constituting the crime

Catch-all category for any crime not a specific intent crime

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12
Q

Strict Liability Crimes

A

D can be found guilty from mere fact that they committed the act

No mens rea requirement = Any defense that negates state of mind is not available

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13
Q

MPC Mens Reas and Standards (Objective or Subjective)

A

Purposely = conscious objective is to engage in certain conduct or cause certain result (subjective)

Knowingly = aware that conduct is of particular nature or that certain circumstances exist (subjective)

Recklessly = conscious disregard of a substantial and unjustifiable risk (subjective and objective)

Negligently = failure to be aware of substantial and unjustifiable risk (objective)

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14
Q

Common Law Mens Reas and Standards (Objective or Subjective)

A

Specific intent = intent to engage in proscribed conduct (subjective)

General intent = awareness of acting in proscribed manner (subjective)

Malice = reckless disregard of known risk (subjective)

Strict Liability = conscious commission of a proscribed act (not applicable - intent irrelevant)

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15
Q

Corporations may be held liable for crimes/acts performed by:

A
  1. an agent of the corporation acting within scope of employment OR
  2. a corporate agent high enough in hierarchy to presume their acts reflect corporate policy
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16
Q

Transferred intent and applicable crimes

A

D held liable when they intend the harm actually caused, but to a different victim or object

Applies to homicide, battery and arson

does NOT apply to attempt

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17
Q

A person found guilty of crime based on transferred intent is guilty of…

A

1) completed crime against actual victim and
2) attempt against intended victim

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18
Q

Concurrence of mens rea and actus reus

A

D must have had necessary intent for the crime AT THE TIME they committed the crime and intent must have prompted the act

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19
Q

Common law parties to a crime

A

Principals in first degree = engaged in crime

Principals in second degree = aided, advised or encouraged principal and present at crime

Accessories before the fact = assisted or encouraged but not present

Accessories after the fact = knowledge of the crime and assisted to escape arrest or punishment

CL required conviction of principal for conviction of accessory - mostly abolished now

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20
Q

Modern accomplice liability

A

Principal = person who engages in act or omission of the crime
- liable for principal crime

Accomplice = person who aids, encourages or advises principal in commission of the crime charged
- liable for principal crime if they intended to aid or encourage crime

Accessory after the fact = one who assists in escaping knowing there was a crime
- liable for separate, less serious crime of being an accessory after the fact

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21
Q

Mental state required for accomplice to a crime

A

dual intent:
1) intent to assist the principal in commission of a crime AND
2) intent that the principal commit the crime

Mere knowledge ≠ liability

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22
Q

Mental state required for accomplice to recklessness or negligence crime

A

1) Intent to facilitate commission of crime AND
2) acted with recklessness or negligence

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23
Q

Scope of accomplice liability

A

Liable for:
1) crimes they did or counseled AND
2) any other probable and foreseeable crimes committed in course of committing the crime

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24
Q

Exclusions from accomplice liability

A
  1. Members of the protected class
  2. Necessary parties to a crime not provided for in the statute
  3. Withdrawal from the crime before it becomes unstoppable:
    - repudiate encouragement
    - attempt to neutralize assistance
    - notifying the police

mere withdrawal from involvement without additional action is not effective withdrawal

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25
Q

Crimes committed prior to or in preparation of a more serious offense

A

solicitation, attempt, conspiracy

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26
Q

Crimes committed against property

A

Habitation = burglary, arson

Personal property = larceny, embezzlement, false pretenses, robbery

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27
Q

Crimes committed against a person

A

Death = murder, manslaughter, felony murder

No death = battery, assault, false imprisonment, kidnapping, rape

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28
Q

Inchoate offenses

A

incomplete crimes = conspiracy, solicitation, attempt

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29
Q

Elements of conspiracy

A
  1. agreement between 2 or more persons
  2. intent to enter into an agreement
  3. intent by at least 2 persons to achieve criminal or unlawful objective
  4. overt act, including mere preparation (modern law in most states)
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30
Q

Agreement for conspiracy

A

doesn’t have to be express –> can be inferred from joint activity or mutual action

Objective must be CRIMINAL or unlawful

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31
Q

Number of people required for conspiracy

A

Unilateral approach (MPC) = only one party needs genuine criminal intent
- e.g., policeman working under cover

Bilateral approach (CL) = at least 2 parties must have criminal intent
-e.g., if one party is feigning intent, no conspiracy

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32
Q

Wharton Rule

A

No conspiracy unless more parties involved than are necessary to commit the crime

e.g., for conspiracy to commit adultery, three people are needed

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33
Q

Agreement with person in “protected class”

A

A person a criminal statute is designed to protect cannot be guilty of the crime itself or conspiracy to commit the crime

If only two people - nonprotected person also cannot be guilty of conspiracy

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34
Q

Effect of Acquittal of Co-Conspirators

A

If all other co-conspirators are acquitted, remaining D cannot be convicted

Acquittals show there was no one with whom D could conspire

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35
Q

Mental state for conspiracy

A

Specific intent crime

1) intent to agree AND
2) intent to achieve objective of conspiracy

  • both parties in CL states
  • at least one party in MPC states
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36
Q

Overt act for conspiracy

A

An act done in furtherance of a conspiracy, including mere preparation

  • not required at CL (conspiracy was complete when agreement with intent was reached)
  • now required by most states
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37
Q

Termination of conspiracy

A

Usually upon completion of the crime

Point at which conspiracy terminates is important –> acts and statements of co-conspirators are admissible against D ONLY IF they were done or made IN FURTHERANCE of the conspiracy

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38
Q

Acts of concealment

A

Unless agreed to in advance, acts of concealment are NOT part of the conspiracy

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39
Q

Liability for co-conspirators’ crimes

A

Conspirator labile for crimes committed by other conspirators if the crimes were:
1) committed in furtherance of the objectives of the conspiracy AND
2) foreseeable

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40
Q

Factual Impossibility

A

NOT a defense to conspiracy

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41
Q

Withdrawal

A

NOT a defense to the conspiracy

BUT may be a defense to crimes committed in furtherance of the conspiracy, including the target crime

D can withdraw from liability for subsequent crimes but NOT the conspiracy itself

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42
Q

When withdrawal from conspiracy effective

A

performance of an affirmative act that notifies all members of conspiracy of the withdrawal

If conspirator supplied assistance as an accomplice, they must try to neutralize the assistance

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43
Q

Merger and conspiracy

A

Conspiracy and the completed target crime are DISTINCT crimes, so there is NO merger

D can be convicted and punished for both

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44
Q

Solicitation

A

1) asking, inciting, counseling, etc. another person to commit a crime
2) with the intent that the person commit the crime
3) person solicited need not agree to commit the crime

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45
Q

Defenses and non-defenses to solicitation

A

Defense = solicitor could not be found guilty of crime because of legislative intent to exempt
- e.g., minor urging adult to have sex with them

MPC defense = renunciation if D prevents commission of the crime

Non-defense = person solicited is not convicted

Non-defense = factual impossibility

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46
Q

Merger and solicitation

A

Person solicited agrees to commit crime = merges with crime of conspiracy

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47
Q

Attempt

A

An act done with an intent to commit a crime that falls short of completing the crime

1) specific intent PLUS
2) an overt act in furtherance of the crime

No such thing as attempt for crimes requiring negligence or recklessness

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48
Q

Overt act for attempt (and 2 tests)

A

Act beyond mere preparation

CL proximity test = act was “dangerously close” to successful completion of the crime

MPC substantial step test = act was a substantial step toward completing the crime, which strongly corroborates the criminal purpose

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49
Q

Defenses (and non-defenses) to crime of attempt

A

1) abandonment = must be fully voluntary and complete
- MPC defense
- not a defense at CL

2) legal impossibility = what the person did was not actually a crime, even if they thought it was a crime
- rare defense

3) factual impossibility = crime cannot actually happen because of some physical or factual condition, unknown to D
- NOT a defense

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50
Q

Merger and attempt

A

D cannot be charged with both attempt to complete a crime AND the completed crime

Attempt merges with the crime if completed and D is only charged with ONE

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51
Q

Common law murder

A

unlawful killing of a human being WITH malice aforethought

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52
Q

Malice aforethought

A

no facts giving rise to a defense and one of the following states of mind:
1) intent to kill
2) intent to inflict great bodily injury
3) reckless indifference to an unjustifiably high risk to human life (second degree murder)
4) intent to commit a felony (felony murder)

Intentional use of a deadly weapon = inference of intent to kill

53
Q

First degree murder

A

Deliberate and premeditated

1) D made decision to kill in a cool and dispassionate manner AND
2) actually reflected on idea of killing, even for just a moment

Specific intent required = voluntary intoxication is a defense

54
Q

First degree felony murder

A

killing committed during the commission of an enumerated felony (usually BARRK)

CL rule = felony is inherently dangerous to human life and death occurs

55
Q

Other first degree murders

A

1) killings performed in certain ways (e.g., torture)

2) homicide of a police officer IF:
- D knows victim is cop AND
- victim was acting in the line of duty

56
Q

Second degree murder

A

Depraved heart killing = reckless indifference to an unjustifiably high risk to human life

Any murder not classified as first degree murder

57
Q

Felony murder

A

any death, even accidental, caused in the commission of, or an attempt to commit, a felony

malice implied from intent to commit underlying felony

CL = BARRK felonies, but some states add more

58
Q

Limitations on Felony Murder Liability

A

1) D must have committed or attempted to commit underlying felony
- Defense that negates element of underlying crime is also a defense to felony murder
- e.g., being drunk while committing armed robbery and killing someone is a defense (no specific intent with voluntary intoxication)

2) Felony must be distinct from killing itself
- e.g., victim of aggravated battery dies ≠ felony murder

3) death must be foreseeable result

4) death must have been caused before D’s immediate flight from felony ended
- place of “temporary safety” = end of felony, cuts of liability

5) D is not liable when co-felon is killed as a result of resistance by felony victim or cops

59
Q

Liability for deaths of caused by someone other than felon(s)

A

Proximate cause theory = felon liable for deaths of innocent victims caused by someone other than co-felon(s)
- minority of jx

Agency theory = felon liable only if the killings were committed by a felon or their accomplice

e.g., bystander killed by cop during a shootout with felons:
- proximate cause theory = guilty of felony murder
- agency theory = not guilty of felony murder

60
Q

Voluntary manslaughter

A

killing that would be murder but for the existence of adequate provocation

61
Q

Adequate provocation

A

1) provocation would arouse sudden and intense passion in ordinary (reasonable) person
2) D was in fact provoked/lost control
3) no time for reasonable person to cool off AND
4) D did not cool off between provocation and killing

NOT a defense to the killing, but may reduce from murder to voluntary manslaughter

62
Q

Involuntary manslaughter

A

A killing committed:
1) with criminal negligence
- MPC = recklessness
- only requires a substantial risk of death (compared to CL murder, which requires a HIGH risk)

2) during the commission of unlawful act
- a misdemeanor or a felony not enumerated for felony murder

63
Q

Causation

A

D’s act must be BOTH the 1) cause in fact AND 2) the proximate cause of victim’s death

64
Q

Cause-in-fact

A

Death would not have occurred but for the D’s conduct

65
Q

Proximate cause

A

Death is a natural and probably consequence of the conduct
- superseding factors break chain of causation

66
Q

Rules of causation

A

1) act that hastens an inevitable result = legal cause
2) simultaneous acts can still be an independent cause of a single result
3) victim’s preexisting weakness (even if unforeseeable) does not break chain

67
Q

Limitations on causation

A

1) Year and a day rule = for D to be liable for homicide, death must occur within one year and one day of inflicted injury
- most states have abolished

2) intervening acts = D not liable IF the act is:
- a coincidence OR
- outside of foreseeable sphere of risk created by D
- third party’s negligence medical care of victim’s refusal of medical treatment ARE foreseeable

68
Q

Battery

A

unlawful application of force to the person of another resulting in either bodily injury or offensive touching
- need not be intentional
- forced need not be applied directly
- GENERAL INTENT CRIME

69
Q

Aggravated batteries

A

Punished as felonies

1) battery with a deadly weapon
2) battery resulting in serious bodily harm
3) battery of a child, woman, or police officer

70
Q

Assault crimes

A

1) attempted battery assault = an attempt to commit a battery (specific intent crime)

2) intentional creation (other than mere words) of reasonable apprehension of imminent bodily harm

Actual touching ≠ assault (but battery)

***Consider BOTH types in a question - either type could apply!

71
Q

Aggravated assault

A

Assault PLUS:
1) use of a deadly or dangerous weapon OR
2) with intent to rape, maim, or murder

72
Q

False imprisonment

A

unlawful confinement of person without valid consent

MPC = confinement must interfere substantially with victim’s liberty

73
Q

Kidnapping

A

Unlawful confinement of a person that involves either:
1) some movement of the victim OR
2) concealment of the victim in a secret place

74
Q

Rape

A

AKA sexual assault

Intercourse without effective consent
- Slightest penetration is sufficient
- Lack of effective consent:
1) actual force
2) threats of great and immediate bodily harm
3) victim is incapable of consent due to unconsciousness, intoxication, etc. OR
4) victim is fraudulently caused to believe that the act is not intercourse

75
Q

Statutory rape

A

Sex with person under the age of consent

Strict liability crime = reasonable mistake of age is not a defense
- but MIGHT be a defense if D reasonably believed victim was old enough to give effective consent

76
Q

Larceny

A

Taking and carry away of tangible personal property of another with possession by trespass with intent to permanently deprive that person of their interest in the property

Specific intent crime = unreasonable mistake of fact is a defense (but mistake of law is not!)

77
Q

Asportation (larceny)

A

carrying away - slightest movement of property is enough!

78
Q

Possession (larceny)

A
  • property must be taken from custody or possession of ANOTHER person
  • it is possible to commit larceny of your own property if another person, such as a bailee, has a superior right to the possession of the property at that time
79
Q

Intent to permanently deprive

A

sufficient intent = intent to create a substantial risk of loss or intent to sell or pledge goods to owner

insufficient intent = person believes property is their own, only intend to borrow, or keep property as repayment of debt

Intent must exist at the time property was taken

80
Q

Continuing trespass (larceny)

A

D wrongfully takes property without intent to permanently deprive and later decides to keep it = larceny

If original taking was NOT wrongful ≠ larceny

81
Q

Embezzlement

A

the fraudulent conversion of personal property of another by a person in lawful possession of that property

82
Q

Larceny vs embezzlement

A

Larceny = D misappropriates property not in their possession

Embezzlement = D misappropriates property in their rightful possession

83
Q

Fraudulent intent (embezzlement)

A

D must intend to defraud

Intent to restore EXACT same property taken ≠ embezzlement

Embezzlement = intent to restore similar or substantially identical property
- e.g., restoring the same amount of money ≠ identical property

84
Q

False pretenses

A

obtaining title to personal property of another by intentional false statement of past or existing fact with intent to defraud the other

85
Q

Requirements for false pretenses

A

1) misrepresentation = victim must actually be deceived by or act in reliance on the misrepresentation –> must be a major factor of passing title to D
- CL = false promises to do something in the future not sufficient
- MPC = includes a false promise to perform in the future

2) intent to defraud = D knew statement was false or intended victim to rely on misrepresentation

86
Q

Larceny by trick

A

victim gives up custody or possession of property based on D’s misrepresentation of fact

87
Q

larceny by trick vs false pretenses

A

larceny by trick = custody or possession of property

false pretenses = title to property

88
Q

Robbery

A

1) taking
2) of personal property of another
3) from the other’s person or presence
4) by force or threats of immediate death or physical injury to the victim, family member, or person in V’s presence,
5) with the intent to permanently deprive them of it

V must give up property because they feel THREATENED –> giving over property because they feel sorry for D or want them to go away is NOT robbery (may be attempted robbery)

89
Q

robbery vs larceny

A

robbery = taking with force or threat of force

larceny = taking away without force or threat

90
Q

Simulated deadly weapon in robbery hypo

A

If D simulates the use of a deadly weapon (even without actual use of one), charge of robbery is elevated to armed robbery

91
Q

Extortion

A

CL = corrupt collection of an unlawful fee by an officer under color of office

Modern = obtaining property by means of threats to do harm or expose information
- blackmail
- threats may be of future harm

92
Q

Receipt of stolen property

A

1) receiving possession and control
2) of stolen personal property
3) known to have been obtained in a criminal manner
4) by another person
5) with the intent to permanently deprive the owner of their interest in it

93
Q

“Possession” and “stolen” for receipt of personal property

A

possession = property put in a location D designated or D arranges a sale for the thief to a third person (fencing)

stolen = property is stolen AT THE TIME D receives it

94
Q

Theft

A

MPC and modern statutes = some or all property offenses combined and defined as “theft”

95
Q

Forgery

A

1) making or altering
2) a writing with apparent legal significance (e.g., a contract)
3) so that it is false
4) with intent to defraud
- no one need actually be defrauded for D to be guilty

96
Q

Burglary

A

1) breaking and
2) entering
3) of a dwelling
4) of another
5) at nighttime
6) with intent (at time of breaking and entering) to commit a felony within

97
Q

Breaking and entering (burglary)

A

Actual breaking ≠ coming through an open door or window
- BUT opening an interior door = breaking

Constructive breaking = by fraud or threat

Entering = any part of the body crosses into the structure

98
Q

Arson

A

1) malicious (intentional or with reckless disregard of an obvious risk)
2) burning (requires some damage caused by fire)
3) of the dwelling
4) of another

99
Q

Modern arson statutes

A
  • include damages caused by explosion
  • include other types of property including commercial buildings, cars, trains, etc.
100
Q

Malice and damage (arson)

A

Malice = no specific intent, so additional defenses not available
- reckless disregard for an obvious risk suffices

Damage required = at least charring
- mere blackening by smoke or scorching ≠ sufficient

101
Q

M’Naughten rule

A

Insanity defense applies if:
1) a disease of the mind
2) caused a defect of reason
3) such that the D lacked ability at time of actions to EITHER know the wrongfulness OR understand the nature and quality of their actions

“Right-wrong” test = D does not know right from wrong or does not understand his actions

102
Q

Irresistible impulse test

A

Insanity defense applies if:
1) because of a mental illness
2) D was unable to control their actions or conform their conduct to the law

“Self-control” test = impulse that D cannot resist

103
Q

Durham (NH) test

A

Insanity defense applies if crime was product of D’s mental illness
- Broader than both M’Naughten rule and irresistible impulse test
- Followed only in NH

“Products” test = but for the mental illness, D would not have done the act

104
Q

MPC insanity rule

A

Insanity defense applies if:
1) D had a mental disease or defect
2) and as result
3) they lacked substantial capacity to EITHER:
- appreciate the criminality of their conduct OR
- conform their conduct to the law

MPC = Combination of M’Naughten and irresistible impulse tests

105
Q

Burdens of proof for insanity defense

A

D must raise insanity issue

1) Majority of states = D must prove insanity by a preponderance of the evidence
2) MPC = prosecution must prove D was sane BRD
3) Federal courts = D must prove insanity by clear and convincing evidence

106
Q

Diminished capacity

A

as a result of a mental defect short of insanity, D did not have the required mental state to commit the crime

  • mostly limited to specific intent crimes
107
Q

Competency to stand trial

A

the DPC requires that D:
1) understand the nature of the proceedings brought against them and
2) able to assist their lawyer in preparation of their defense

108
Q

Voluntary intoxication

A

results from the intentional taking, without duress, of a substance known to be intoxicating

  • defense to specific intent crimes
  • NOT applicable to general intent, malice, or strict liability crimes
  • may reduce first degree murder to second degree murder
  • not available if D purposely becomes intoxicated to establish the defense before committing crime
  • addicts = voluntarily intoxicated for the exam
109
Q

Involuntary intoxication

A

results from taking substance without knowledge of its nature, under duress, or pursuant to medical advice while unaware of intoxicating effect

  • treated as mental illness
  • defense to ALL crimes (like insanity is)
110
Q

Infancy

A

CL rules:
1) under 7 = no criminal liability
2) ages 7-14 = rebuttal presumption that child was unable to understand wrongfulness of their acts
3) ages 14 and older = treated as adult

Modern rules = no child can be convicted of a crime until a stated age is reached, usually 13 or 14

111
Q

Justification defenses

A

arise when society has deemed D should not be punished for the proscribed act because the circumstances justified the action

threat must be immediate –> threat of future harm is insufficient

112
Q

Nondeadly force

A

person without fault may use as much force as they reasonably believe necessary to protect themself from imminent use of unlawful force

NO duty to retreat

113
Q

Deadly force

A

Person may use deadly force if they are:
1) without fault
2) confronted with unlawful force
3) reasonably believe they are threatened with imminent death or great bodily harm

114
Q

Imperfect self-defense

A

If not all three elements met for deadly force, some states reduce to manslaughter from murder

115
Q

Duty to retreat

A

Majority = no duty to retreat before using deadly force

Minority (retreat jx) = must retreat before using deadly force if it can be safely done UNLESS:
1) attack occurs in the home
2) attack during lawful arrest or
3) during robbery

116
Q

Right of aggressor to use self-defense

A

Aggressors can use force in self-defense ONLY IF:
1) they effectively withdraw and communicate desire to do so oR
2) other person suddenly escalates a minor fight into deadly altercation and aggressor has no chance to withdraw

117
Q

Defense of others

A

D has a right to defend others D reasonably believes would have a right to use force in their own defense

Reasonable appearance of right to use force

Majority = no special relationship required
Minority = familial relationship required

118
Q

Defense of a dwelling

A

Nondeadly force allowed to prevent unlawful entry or attack upon dwelling

Deadly force allowed only to prevent force against inhabitants of dwelling or a felony from being committed in the dwelling

119
Q

Defense of property

A

Reasonable nondeadly force allowed

Deadly force never allowed

Force may be used to regain possession ONLY IF:
1) property was wrongfully taken and
2) they are in hot pursuit of the taker

120
Q

Duress

A

D reasonably believed that another person would imminently kill or seriously harm D or third party if D did not commit the crime

CL = not allowed for threats to property
MPC = allowed for threats to property, assuming value of property outweighs harm done by commission of crime

121
Q

Necessity

A

Reasonably believed crime was necessary to avoid imminent and greater injury than that involved in the crime
- objective standard NOT good faith belief

CL = injury must be result of natural forces
Modern = doesn’t have to be natural forces

122
Q

Limitations on necessity

A

1) causing death of another is never justified
2) not available if D created the dangerous/potentially harmful situation

123
Q

Mistake or ignorance of fact

A

Relevant if it shows that D lacked state of mind required for the crime

Reasonableness:
- specific intent = mistake can be unreasonable
- all others = mistake but be reasonable
- strict liability = mistake is irrelevant

124
Q

Mistake or ignorance of law

A

Mistake of law is not a defense UNLESS:
1) statute proscribing conduct was not published or made reasonably available prior to conduct
2) reasonable reliance on statute or judicial decision
3) reasonable reliance on official interpretation or advice

May negate intent if the mistake or ignorance was as to a collateral legal matter proving that D lacked state of mind required for the crime
- e.g., D can’t be guilty of selling a gun to a known felon if D thought buyer had only been convicted of a misdemeanor

125
Q

Entrapment

A

Intent to commit crime originated with law enforcement, not the D

Exists only if:
1) criminal design originated with law enforcement AND
2) D not predisposed to commit crime prior to governmental contact

Providing opportunity for predisposed person to commit crime ≠ entrapment

126
Q

When entrapment defense is unavailable

A

1) no entrapment by private citizen
2) not based solely on fact that officer provided an ingredient for commission of crime

127
Q

Entrapment defense in undercover officer question

A

1) lay out rule for entrapment
2) discuss when available and when not
3) discuss high threshold D must meet to prove entrapment

128
Q

Perjury

A

1) intentional taking of a false oath (lying)
2) in regard to a material matter (one that might affect outcome)
3) of a judicial proceeding

Bar Prep (12 decks)

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