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Bar Prep - MEE - DM > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

Who are the parties that can be liable in criminal actions?

A
  1. Principal
  2. Accomplice
  3. Accessory after the fact
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2
Q

What is 1st degree murder?

A

Deliberate and premeditated

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3
Q

What is 2nd degree murder?

A

Statutorily created category and common law murder

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4
Q

What is voluntary manslaughter?

A

Provocation, time to cool off

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5
Q

What is involuntary manslaughter?

A

Criminal negligence or unlawful act

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6
Q

Concerning liability, who is the principal?

A

The person who actually commits the acts rea of the crime

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7
Q

What is an accomplice?

A

A person who aids or abets the principal prior to or during the crime

Must intend to help the principal commit the crime and intend that the principal commit the crime that is charged?

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8
Q

Is mere knowledge that another person intends to commit a crime enough to make the person an accomplice?

A

No, the accomplice must act with the intent that the principal commit the crime that is charged

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9
Q

What is an accomplice actually liable for?

A

Any crimes that are the natural and probable consequence of the accomplices conduct.

Example 1: The accomplice lends his truck to the principal to commit a
burglary. During the burglary, the principal commits a battery against a
security guard. The accomplice may be liable for the burglary and also the
battery if it is a natural and probably consequence.

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10
Q

What is required for an accomplice to withdraw?

A
  1. Repudiate the prior aid;
  2. Do all that is possible to countermand prior assistance; AND
  3. do so before the chain of events is set in motion and unstoppable
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11
Q

What is an accessory after the fact?

A

A person who aids a felon to avoid apprehension after the felony is committed. To be guilty the
person must know the felony was committed.

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12
Q

What is actus rea?

A

The criminal act

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13
Q

What is mens rea?

A

The intention that constitutes part of the crime

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14
Q

What is the M’Naghten Rule?

A

The defendant is not guilty if, because of a mental disease or defect, the defendant did not know either (i) the nature and quality of the act, or (ii) the wrongfulness of the act.

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15
Q

What is the Irresistible Impulse Test?

A

The defendant is not guilty if a mental disease or defect prevented him from being and to conform his behavior.

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16
Q

What is the Durham Rule?

A

The defendant is not guilty if the crime would not have been committed but for the mental disease or defect.

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17
Q

What is the Model Penal Code Test?

A

The defendant is not guilty if a mental disease or defect either prevents the defendant from
knowing the wrongfulness of the conduct or prevents the defendant from being able to conform his conduct to the law.

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18
Q

What are the two types of intoxication?

A
  1. ) Voluntary

2. ) Involuntary

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19
Q

What is Voluntary Intoxication?

A

Involves the voluntary ingestion of an intoxicating substance.

It is a DEFENSE TO SPECIFIC INTENT CRIMES if the intoxication prevents the formation of the required intent.

Not a defense to crimes involving malice, recklessness or negligence, or for strict liability crimes.

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20
Q

What is involuntary Intoxication?

A

Unknowingly or forced to ingest an intoxicating substance.

A defense to both general and specific intent crimes, as well as malice crimes when the intoxication serves to negate an element of the crime.

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21
Q

What is Actual Causation regarding homocide?

A

The victim would not have died but for the defendant’s act

When there are multiple causes, the defendant’s act must be a substantial factor in causing death.

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22
Q

What is proximate causation when it comes to homocide?

A

If it is foreseeable that the defendant’s actions would cause the victims actions

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23
Q

Under Proximate causation, what is an “Intervening Cause?”

A

Actions by a third that occur between the defendant’s conduct and the victim’s injury.

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24
Q

Under Proximate causation, what is a “superseding Cause?

A

Actions by a third party will relieve the defendant of liability if they are unforeseeable.

Negligence is generally foreseeable. (the doctor negligently treating the victim)

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25
Q

What is Common Law Murder?

A

The unlawful killing of a human being committed with malice aforethought.

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26
Q

What mental states does malice aforethought include?

A
  1. ) Intent to Kill
  2. ) Intent to inflict serious bodily injury
  3. ) Reckless indifferent to an unjustifiably high risk to human life ( depraved heart)
  4. ) Intent to commit certain felonies (felony murder)
27
Q

What is the Felony Murder Rule?

A

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

28
Q

What are the traditional crimes that fall under the felony murder rule?

A

Burglary, Arson, Robbery, Rape, and Kidnapping.

29
Q

What are the defenses to the felony murder rule?

A

If the death was unforeseeable, the FMR will not apply.

Point of safety: if felony is complete and the defendant has reached a place of safety, the FMR will not apply.

30
Q

What is the (Majority Rule) concerning Death of a Bystander?

A

A defendant will not be liable for the death of a bystander caused by a police officer or as a
result of resistance by the victim of the felony because neither person is the felon’s agent.

31
Q

Is a defendant liable for the death of a co-felon?

A

No, not if the death of a co-felon if they are a victim or a police officer kills the co-felon.

32
Q

On the exam, use Common Law murder unless….?

A

Use common law murder unless the prompt tells you that the jurisdiction uses first and second degree murder.

33
Q

When is a murder premeditated?

A

A murder is premeditated if the defendant had enough time to plan and reflect on the idea
of the killing. The amount of time needed for premeditation may be brief, a mere second of reflection is sufficient.

34
Q

What is the “Deliberate” aspect of First degree murder?

A

The defendant made the decision to kill in a cool and dispassionate manner

35
Q

What are the two elements of First-Degree murder?

A

Premeditated and deliberate.

36
Q

What is second-degree murder?

A

Homocide committed with the:

  1. ) Intent to kill
  2. ) The intent to do great bodily injury; OR
  3. ) Depraved-heart murder
37
Q

Second degree murder is the statutory version of what?

A

Common law murder

38
Q

First degree murder can be mitigated down to what?

A

Voluntary manslaughter

39
Q

What is voluntary manslaughter?

A

Voluntary manslaughter is murder committed in response to adequate provocation.

40
Q

What is the objective element of provocation?

A

A reasonable person would have been provoked by the victims actions.

Words are generally not enough provocation

Sufficient provocation: discovery of adultery, a serious battery

41
Q

What is the “subjective element” regarding provocation?

A

The defendant must also have actually been provoked.

42
Q

How does a “time to cool off” work with provocation?

A

Objective: There must not have been sufficient time for an ordinary (reasonable) person to cool off.

43
Q

What is Involuntary Manslaughter?

A

Involuntary manslaughter is an unintentional homocide committed with criminal negligence or during an unlawful act.

44
Q

What is Criminal Battery

A

The intentional unlawful application of force to another person that causes bodily harm to that person, or constitutes an offensive touching

45
Q

What is criminal assault?

A

An attempt to commit a battery, or intentionally placing another in apprehension of imminent bodily harm.

46
Q

What is kidnapping?

A

The unlawful confinement of a person against that person’s will coupled with either movement or concealment of that person.

47
Q

What is Larceny?

A

The trespassory taking and carrying away of the personal property of another, without
consent, with the specific intent to permanently deprive the owner of the property at the time of the taking

48
Q

For larceny, how much taking and carrying away needs to be there?

A

Taking and carrying away can be met by the slightest movement.

49
Q

Aside from taking, what other element is needed for larceny

A

Intent to permanently deprive must be present at the time of taking.

50
Q

What is Embezzelment?

A

The fraudulent conversion of the property of another by a person who is in lawful possession of the property.

51
Q

What are “False Pretenses?”

A

Occurs when the defendant obtains title to the property of another person through reliance of that person on a false representation of material fact made by the defendant with the
intent to defraud

52
Q

What is a False Representation?

A

The representation must be false and must be of a material past or present fact.

53
Q

Must the victim of a false representation rely on it?

A

Yes, and that reliance must cause the victim to pass title to the defendant.

The defendant must know that the representation is false, and SPECIFICALLY INTEND TO DEFAUD.

54
Q

Is an opinion, sales talk or puffing, a prediction, or a false promise sufficient for a false representation

A

No. not sufficient

55
Q

What is robbery?

A

A larceny by force or intimidation when the taking of property is from the victim or in his presence

56
Q

What is a Burglary?

A

Burglary is the breaking and entering of the dwelling of another at nighttime with the
specific intent to commit a felony therein.

57
Q

How much “breaking” is necessary for burglary?

A

The slightest push can be sufficient

58
Q

How much is needed for “entering?”

A

merely crossing the threshold can be sufficient

59
Q

For a burglary to be a felonly, what intent is needed?

A

Specific intent to commit a felony: At the time of the breaking and entering, the
defendant must have the intent to commit a felony (e.g., larceny, robbery, rape,
murder) inside the dwelling.

60
Q

What are the two Inchoate categories?

A
  1. ) Conspiracy (Majority Rule

2. ) Attempt

61
Q

What is a conspiracy?

A

An agreement between two or more people to accomplish an unlawful purpose.

With specific intent to agree and commit the criminal objective, AND

An overt act in furtherance of the conspiracy.

62
Q

When it comes to conspiracy, is there a merger doctrine?

A

NOPE.

63
Q

What is a co-conspirator liable for?

A

A co-conspirator is liable for the conspiracy and all the crimes of a co-conspirator committed in furtherance of the conspiracy.

64
Q

What is the (Majority Rule) for withdrawal?

A

After there has been an agreement but before an overt act has been committed, a person
may avoid criminal liability for conspiracy.

Bar Prep - MEE - DM (12 decks)

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