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Criminal Law Flashcards

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1
Q

When can an omission create criminal liability?

A

When the defendant has a legal duty and the ability to act.

  • statutory duties (law enforcement)
  • legal duty by contract
  • status relationship
  • voluntary undertaking to rescue that is abandoned
  • failing to help after creating the risk
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2
Q

What are the categories of mens Rea?

A
  • purposeful
  • knowingly
  • recklessly
  • criminal negligent
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3
Q

What is purposeful in criminal law?

A

The conscious objective of the act is to bring about the prohibited result

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4
Q

What is knowingly for criminal law?

A

The D knows, with almost absolute certainty, that the act will produce the prohibited result

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5
Q

What is recklessness for criminal law?

A

The D is aware the conduct creates an unjustifiable risk, but ignores the risk and engages in the conduct anyway

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6
Q

What is criminal negligence?

A

D creates an unjustifiable risk without subjective awareness that they are doing so, but a reasonable person would have been aware of the risk.

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7
Q

What is specific intent?

A

The D intended to create a specifically prohibited harm - includes purposeful or knowingly.

Nullified by honest but unreasonable mistake of fact or voluntary intoxication

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8
Q

What is general intent?

A

Only requires a desire to do the prohibited act - includes reckless and negligent.

Nullified by an honest and reasonable mistake of fact

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9
Q

What is transferred intent?

A

When the defendant intends to produce a criminal result against one party, but harms another instead. The intent is transferred from the intended victim to the actual victim.

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10
Q

What is concurrence?

A

The act that caused the criminal result must be actuated but the requisite criminal state of mind.

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11
Q

What are the three tests for actual cause in criminal law?

A
  • but for
  • substantial factor
  • acceleration
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12
Q

What are the elements of a criminal offense?

A
  • Actus reus - voluntary criminal at
  • mens Rea - state of mind
  • actual cause
  • proximate cause
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13
Q

What breaks the chain of causation for proximate cause in criminal cases?

A

Unforeseeable intervening events. Grossly negligent or reckless conduct. Independent/coincidental interventions, when not foreseeable.

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14
Q

What is murder?

A

Unlawful killing of a human being with malice.

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15
Q

How is malice established for murder?

A
  • intent to kill
  • intent to cause serious bodily injury
  • depraved heart murder
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16
Q

What is depraved heart murder?

A

Unintentional killing resulting from
reckless of grossly negligent conduct
That creates an extreme risk to others
And demonstrates a wonton indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury

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17
Q

What is felony murder?

A

An intentional or accidental killing
Proximately caused
During the commission or attempted commission
Of a serious or inherently dangerous felony

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18
Q

What are serious or inherently dangerous felonies for felony murder?

A
  • burglary
  • arson
  • rape
  • robbery
  • kidnapping
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19
Q

What felonies are not included for felony murder?

A

Felonies that are not independent of the killing. Felonies where the primary purpose is to cause serious physical harm.

-manslaughter
- aggregated battery
- aggregated assault
- mayhem

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20
Q

When does the felony begin and end for purposes of felony murder?

A
  • Begins when the defendant could be convicted of attempt
  • Ends when the defendant reaches temporary safety
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21
Q

What is the modern majority rule for co-felony responsibility for felony murder?

A

Limits felony murder to killings committed by co-felons. Exempts responsibility for killings committed by non-felons. Agency theory.

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22
Q

What is the common law rule for co-felon responsibility for felony murder?

A

Felony murder attaches to all felons for any homicide committed during a felony. Only requires proximate cause.

Redline limitation - co-felon exempt if police or victim kills a co-felon.

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23
Q

What is required for first-degree murder?

A

Premeditation and deliberation

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24
Q

What is premeditation?

A

The defendant must think about the act of killing.

Common law - can premeditate immediately
Modern majority - some time is required to think.

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25
Q

What is deliberation?

A

The defendant must make the deliberate choice to kill, requires rational thought

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26
Q

What is voluntary manslaughter?

A

An intentional killing mitigated by adequate provocation or other circumstances negating malice. Heat of passion.

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27
Q

What is adequate provocation?

A

Objective component - would lead a reasonable person to lose self control, reasonable person wouldn’t have cooled off.

Subjective component - must be causal connection, defendant must have been provoked and not cooled off.

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28
Q

What is involuntary manslaughter?

A

An unintentional killing resulting from unjustified risk creation (recklessness or gross negligence) that is not sufficiently to rise to the level of implied malice.

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29
Q

What is imperfect self defense?

A

An honest but unreasonable judgement of necessity to use homicidal self-defense or defense of others. Leads to voluntary manslaughter in many states.

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30
Q

What is misdemeanor manslaughter?

A

An unintentional killing that occurs during the commission of a misdemeanor that is malum in se, or of a felony that is not of the inherently dangerous type required for felony murder.

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31
Q

What is criminal battery?

A

Unlawful application of force
Knowingly, recklessly, or criminally negligent

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32
Q

What is aggravated battery?

A
  • causes serious bodily injury
  • with a deadly weapon
  • against a special category of victim
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33
Q

What are special categories of victims for criminal law?

A

child, pregnant woman, police officer

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34
Q

What is assault at common law?

A

Attempted battery

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35
Q

What is assault under modern majority law?

A

Failed attempted battery (regardless of victim’s awareness)

Putting victim in fear of an immediate battery (victim must be aware)

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36
Q

What is aggravated felony assault?

A
  • dangerous weapon
  • intent to rape or murder
  • protected victim
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37
Q

What is mayhem at common law?

A

Intent to maim or do bodily injury combined with an act that either dismembers or disables use of some body part useful in fighting

38
Q

What is mayhem under the modern majority?

A

Intent to main or do bodily injury combined with action that either:
- dismembers
- disables victims use of a body part useful in fighting
- disfigures

39
Q

What is false imprisonment?

A

Intentional and unlawful full confinement of another - no other exits

40
Q

What is kidnapping?

A

Intentional abduction of another by means of force or threat of force

Usually sufficient to take victim to another location or secretly confine them where they’re not likely to be found.

Mere restraint is not enough, requires some movement.

41
Q

What is rape under the modern majority?

A

Penetration without consent.

Penetration alone satisfies force requirement.

42
Q

How is consent determined for rape?

A

Objectively, from observable circumstances.

If a reasonable person in the defendant’s circumstance would have known the victim was not consenting.

43
Q

Is mistake of fact a defense for rape?

A

Yes, because there is no requirement to prove extrinsic force.

But mistake must be both honest and reasonable.

44
Q

What is larceny by taking?

A

Trespassory taking and carrying away of tangible personal property of another with intent to permanently deprive

45
Q

What is the continuing trespass doctrine?

A

If a defendant takes property, and at the time doesn’t intend to permanently steal, but later develops that intent, this doctrine established concurrence between taking and intent to steal.

46
Q

What is embezzlement?

A

Unlawful conversion of the tangible personal property of another by one who is already in lawful possession with the intent to permanently deprive or steal

47
Q

What is robbery?

A

Trespassory taking and carrying away of the tangible personal property of another from the victims person or presence through force or threat of force that places victim in actual fear with intent to permanently deprive

48
Q

What is theft by false pretenses?

A

Obtaining title to property owned by someone else through false representation of present or material fact that the defendant knows is false, which causes the victim to pass title to the defendant with the intent to defraud

49
Q

What is larceny by trick?

A

Obtaining possession of property through fraud - false representation of present or past material fact by the defendant, who knows the representation is false, which causes the victim to pass possession of property to the defendant, with intent to defraud

50
Q

What is extortion?

A

Obtaining property of another by threat of future harm to the victim or their property

51
Q

What is receiving stolen property?

A

The receipt of stolen property, known (or constructively known) to be stolen, with the intent to permanently deprive the owner

52
Q

What is forgery?

A

Fraudulently making a false writing or materially altering a writing with legal significance with the intent to make wrongful use of the document

53
Q

What is burglary under common law?

A

Breaking (requires force)
And entering (placing a tool or body part inside)
The dwelling of another (home)
At night
With intent to commit a felony or theft crime therein

54
Q

What is burglary under the modern majority?

A

Breaking (enlarging an opening)
And entering (any portion of body or tool inside)
The dwelling house of another (includes any structure)
With intent to commit a felony or theft crime therein

55
Q

What is arson?

A

The malicious burning of the dwelling of another
- modern statutes include any building, and the personal property of another.

Requires some damage to the structure

56
Q

What are inchoate crimes?

A

Incomplete crimes, all require specific intent to commit the underlying crime

Solicitation
Attempt
Conspiracy

57
Q

What is solicitation?

A

Trying to get someone else to commit your crime.

Specific intent is required.

If underlying crime is completed, solicitation merges with accomplice.

58
Q

When is solicitation complete?

A

When the solicitation is communicated. Cannot be withdrawn.

59
Q

What is attempt?

A

Specific intent or purpose to bring about the underlying crime and a significant overt act in furtherance of that intent. Beyond mere preparation.

60
Q

What is attempt?

A

Specific intent or purpose to bring about the underlying crime and a significant overt act in furtherance of that intent. Beyond mere preparation.

61
Q

What are the tests to determining attempt?

A

Common law: last act necessary
Model Penal Code: substantial step
Proximity test
Equivocality test

62
Q

Is abandonment a defense to attempt?

A

Not under common law

Yes under minority and MP, if voluntary and complete

63
Q

Is legal impossibility a defense to attempt?

A

Yes, if the defendant thought they were performing a crime, but weren’t actually.

64
Q

Is factual impossibility a defense to attempt?

A

No - the defendant is guilty of attempt even if it was factually impossible to commit the crime.

65
Q

What is conspiracy?

A

An agreement between two or more people to commit a crime with the intent to commit the underlying crime.

Common law requires an overt act in furtherance of the conspiracy.

66
Q

What is co-conspirator liability/Pinkerton doctrine?

A

Each co-conspirator is liable for the crimes of all other co-conspirators where the crimes were a foreseeable outgrowth of the conspiracy and committed in furtherance of the conspiracy.

67
Q

What is a unilateral conspiracy?

A

MPC permits conviction for a conspiracy when the other party feigned agreement or is acquitted.

68
Q

Is withdrawal a defense to conspiracy?

A

No. Under MPC and common law, complete and voluntary withdrawal with notice to co-conspirators severs liability for future crimes, but not for conspiracy itself.

69
Q

Is renunciation a defense to conspiracy?

A

Yes, under MPC. Withdrawal with an affirmative act to thwart the conspiracy can eliminate responsibility for the conspiracy itself.

70
Q

What is accomplice liability?

A

Criminally responsible if:
- they do some act that facilitates the crime or attempt, including encouragement
- with the intent to bring about the commission of the crime

Responsible for the underlying crime and any reasonably foreseeable outgrowths of the primary crime

71
Q

Is renunciation a defense to accomplice liability?

A

Yes, if, before the crime begins, the accomplice stopped assisting or encouraging and communicated that to the principal.

72
Q

What is the M’Naughten test for insanity?

A

D suffered from a severe mental disease or defect and as a result was unable to know either the nature and quality of his act or that what he was doing was wrong.

73
Q

What is the irresistible impulse test for insanity?

A

D has a mental disease that kept him from controlling his conduct.

74
Q

What is the MPC test for insanity?

A

D, as a result of a mental disease or defect, lacked substantial capacity to appreciate the criminality of their conduct or conform their conduct to the law.

75
Q

What is the Durham rule for insanity?

A

The unlawful act was the product of a disease or defect - but for cause.

76
Q

Is involuntary intoxication a defense to crimes?

A

Yes, for any crime requiring general or specific intent, when it negates the mens Rea or causes temporary insanity

77
Q

Is voluntary intoxication a defense to a crime?

A

Yes, when it negates the mental state, but only for specific intent crimes. It does not negate recklessness, negligence, or strict liability.

78
Q

When is duress a defense to a crime?

A

When the defendant reasonably believes that the only water to avoid an unlawful threat of great bodily harm or imminent death is to engage in unlawful conduct.

Not a defense to murder, except to excuse the underlying felony in felony murder.

79
Q

What is self defense?

A

An honest and reasonable judgement that is it necessary to use force to defend against an unlawful imminent threat of bodily harm. Only proportional force is allowed.

80
Q

When is deadly force permitted as self-defense?

A

Only in response to an imminent threat of death or grievous bodily harm.

81
Q

How can the first aggressor regain the right to self defense?

A

Common law - complete withdrawal perceived by original victim

Modern majority - same, but also if original victim responds with excessive force

82
Q

What is the retreat rule?

A

In common law - victim had a duty to retreat, if feasible, before use of deadly force.

Does not apply in home, car, or office.

83
Q

When is defense of a 3rd person justified?

A

When it is necessary to defend the 3rd person from an unlawful imminent threat of bodily harm.

84
Q

What is the majority rule on defense of others?

A

Def can still claim defense of others if they were reasonable but mistaken.

85
Q

What is the minority rule on defense of others?

A

The defendant steps into the shoes of the 3rd person - if the 3rd party was the wrong actor, defendant has no defense.

86
Q

When is defense of property justified?

A

Reasonable non-deadly force is justified when defending one’s property from theft, destruction, or trespass, where def has a reasonable belief their property is in immediate danger and uses no more force than necessary.

87
Q

When does necessity justify a crime?

A

When
- it is necessary to avoid an immediate threat of greater harm to person or property
- no reasonably alternative to breaking the law to avoid harm
- the defendant is not responsible for causing the harm

88
Q

Is necessity a defense to murder?

A

Never under the common law
Yes, under the MPC

89
Q

What is the default approach to felony murder?

A

Agency theory.

90
Q

What is the default rule for withdrawal conspiracy?

A

Modern rule - requires withdrawal and timely notification. Does not require thwarting the underlying crime.

91
Q

Does solicitation merge with the underlying crime?

A

Yes.

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