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BAR PREP > CRIMINAL LAW > Flashcards

CRIMINAL LAW Flashcards

1
Q

components of a crime

A

actus reus
mens rea

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2
Q

actus reus

A

voluntary, affirmative, wrongful act/conduct; OR
failing to act when a duty exists

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3
Q

elements of a criminal act

A

physical
voluntary

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4
Q

physical act

A

speech
possession of object
omission

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5
Q

what is NOT voluntary

A

person is:
unconscious
sleep
hypnotized

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6
Q

when may a duty to act exist?

A

statute
contract
special relationship
detrimental undertaking
causation

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7
Q

who does NOT have a duty to act?

A

bystanders

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8
Q

mens rea

A

person’s mental state/guilty mind

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9
Q

levels of culpability

A

purposely
knowingly
recklessly
negligently

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10
Q

purposely

A

person had conscious objective to engage in the conduct/cause a certain result

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11
Q

knowingly

A

person is aware/knows that the result is practically certain to occur based on their conduct

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12
Q

recklessly

A

person acts with a conscious disregard of substantial and unjustifiable risk that a material element of a crime exists/results from conduct

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13
Q

negligently

A

person should have been aware of a substantial and unjustifiable risk that a material element of a crime exists/results from conduct

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14
Q

specific intent crime

A

defendant had a subject desire, specific objective or knowledge to commit a crime
First degree murder
Inchoate offenses
Assault with the intent to commit battery
Theft offenses

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15
Q

malice crime

A

criminal act committed without excuse, justification, or mitigation
Common law murder
arson

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16
Q

general intent crime

A

person intended to perform an unlawful act
Battery
Rape
Kidnapping
False imprisonment

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17
Q

strict liability crime

A

does NOT require mens rea
e.g. - public welfare offense

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18
Q

public welfare offense

A

conduct that seriously threatens the public’s health/safety OR is inherently dangerous

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19
Q

vicarious liability crime

A

does NOT require an actus reus
e.g. - corporation criminally liable for conduct of agent or official

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20
Q

mistakes as defense types

A

mistake of fact
mistake of law

21
Q

mistake of fact

A

defendant’s misunderstanding of a material fact
REASONABLE if general intent/SL crime
CAN be unreasonable if specific intent crime

22
Q

mistake of law

A

defendant’s misunderstanding of the legal effect of a known fact/circumstance

23
Q

transferred intent rule

A

when defendant acts with the intent to cause harm to a person/object and they directly harm someone else instead, defendant can be criminally liable for the harm caused
applied to homicide, battery, arson

24
Q

types of parties to a crime

A

principal
accomplice
accessory after the fact

25
Q

principal

A

perpetrator of the crime
actually or constructively present

26
Q

accomplice

A

person who aids/abets a principal before or during commission of a crime
responsible for crime to same extent as principal if accomplice’s aid is natural and probable conseqs of their actions
2nd degree principal if physically present
accessory before the fact if constructively present

27
Q

how can an accomplice withdrawal?

A

repudiate prior aid
do everything to countermand their help
accomplish that before the chain of events is in motion and unstoppable

28
Q

accessory after the fact

A

person who aids/assists a felon in avoiding apprehension/conviction after a felony was committed

29
Q

misprison

A

failure to report or hiding a known felon

30
Q

compounding a crime

A

person received valuable consideration for agreeing not to prosecute a crime

31
Q

factors that influence responsibility

A

Insanity
Intoxication
Infancy

32
Q

insanity

A

person’s mental disease makes them NOT criminal liable for their actions
MUST have been present at the time the crime was committed

33
Q

tests for insanity

A

M’Naughten test
irresistible impulse
Durham rule
MPC test

34
Q

M’Naughten test

A

mental disease caused person to not realize what they were doing was wrong

35
Q

irresistible impulse

A

person’s mental disease makes them unable to conform their conduct to follow the law

36
Q

Durham rule

A

but for having the mental disease, the person would NOT have committed the crime

37
Q

MPC test

A

M’Naughten + irresistible impulse

38
Q

intoxication

A

person using alcohol or drugs diminished their physical or mental control, so they are NOT criminally responsible for their actions

39
Q

types of intoxication

A

voluntary and involuntary

40
Q

voluntary intoxication

A

person intentionally took an intoxicating substance

41
Q

involuntary intoxication

A

person takes substance without knowing that it is intoxicating OR takes the substances under duress

42
Q

infancy

A

a child CANNOT be held criminally liable until they are 11+ years old (depends on jurisdiction)

43
Q

types of crimes

A

felony - punishable by more than 1 year in prison
misdemeanor - punishable by less than 1 year in prison

44
Q

homicide

A

killing of one person by another
causation can be actual or proximate

45
Q

types of homicide

A

murder
manslaughter

46
Q

murder

A

unlawful killing of another person with malice aforethought

47
Q

types of murder

A

depraved heart
felony murder

48
Q

first degree murder

A

delibera

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