Criminal Law Flashcards

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1
Q

Actus Reus

A

a voluntary, affirmative act or an omission when a duty exists causing a criminally proscribed result

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2
Q

Duty to act

A

imposed by statute
contract
special relationship
detrimental undertaking
causation

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3
Q

Specific Intent Crimes

A

[FIAT]
first degree murder
inchoate crimes
assault with intent to commit battery
theft offenses

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4
Q

Malice crimes

A

common law murder, arson
reckless disregard of a high risk of harm

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5
Q

General Intent crimes

A

battery, rape, kidnapping, false imprisonment
requires the intent to perform the unlawful act
purposely, knowingly, recklessly, or negligently

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6
Q

Principal to a crime

A

perpetrator who committs the required act or omission, can be more than one

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7
Q

accomplice

A

acts with the requisite mens rea to aid the principal before or during the commission of a crime
-liability is for the planned and other foreseeable crimes
defense: withdrawal requires repudiation of aid and to do so before events are unstoppable

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8
Q

Accessory after the fact

A

acts with intent to assist the principal to avoid apprehension after the felony is complete
liability is for obstruction of justice, not the principals crime

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9
Q

Merger

A

Solicitation or attempt merge into the target crime if it is completed
cannot be convicted of both solicitation or attempt and the completed crime

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10
Q

Solicitation

A

to invite or urge another to commit a crime with the intent the party do so
no return agreement is required; if return agreement obtained, both guilty of conspiracy through merger, not solicitation

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11
Q

Attempt

A

specific intent to commit a crime + substantial step beyond mere preparation or dangerous proximity
defense: legal impossibility and defenses to formation of specific intent

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12
Q

Conspiracy

A

agreement (express or implied) between two or more persons
Modern trend/mpc: unilateral conspiracy okay
intent to achieve unlawful purpose
Overt act in furtherance
Defense: withdrawal before overt act, if after can only avoid liability for the crime, not the conspiracy
liability: for all foreseeable crimes in furtherance of the conspiracy, liability for co-conspirators depends on whether it was a chain or hub/spoke relationship

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13
Q

Common Law Murder

A

Common law Murder is the killing of another human being with malice aforethought.
Malice: intent to kill (show causation), intent to cause serious bodiliy injury, reckless disregard to human life, felony murder

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14
Q

Felony murder

A

killing during an inherently dangerous felony (burglary, arson, rape, robbery, kidnapping)
must show elements of the felony and that death was reasonably foreseeable (proximate cause)
Agency theory: D not responsible for death caused by victim or police

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15
Q

First Degree Murder

A

Murder that is premediated and deliberate
premeditated: had time to reflect
deliberate: cool and dispassionate

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16
Q

Second degree murder

A

same as common law murder

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17
Q

Voluntary Manslaughter

A

murder comitted in response to adequate provocation/heat of passion
the events must have provoked a reasonable person with no chance to cool off
imperfect self defence can mitigate murder to voluntary manslaughter

18
Q

Involuntary manslaughter

A

unintentional killing caused by criminal negligence or during an unlawful act

19
Q

Criminal Battery

A

Intentional unlawful application fo force to another that causes harmful or offensive touching

20
Q

Criminal Assault

A

Attempted battery or intentinoally placing on in the apprehension of imminent bodily harm

21
Q

False Imprisonment

A

unlawful confinement of another without consent by force or threat

22
Q

Kidnapping

A

unlawful confinement without consent by force or threat + moving or hiding the victim

23
Q

Larceny

A

Trespassory aking and carrying away of the personal property of another with the intent to permanently deprive them of such property

24
Q

Larceny by trick

A

Larceny accomplished by fraud or deceit (victim delivers possession but not title to)

25
Q

Forgery

A

Making of a false writing with apparent legal significance with the intent to defraud

26
Q

Embezzlement

A

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

27
Q

False pretenses

A

obtaining titel to the property of another by fraud or deception

28
Q

Robbery

A

trespassory taking and carrying away of another persons property with the intent to permanently deprive them from the other person’s body or presence by using force or intimindation

29
Q

Burglary

A

Breaking and entering into a dwelling of another at night with the intent to commit a felony therein (modern statute eliminates night time, and dwelling)

30
Q

Arson

A

malicious burning of the dwelling of another (MPC changes to structure)

31
Q

Receipt of stolen property

A

recieving control of stolen property, knowing it is stolen, and with intent to permanently deprive

32
Q

Mistake of fact

A

if honest and reasonble: negates specific intent, general intent and malice crimes
If not reasonable: only negates specific intent

33
Q

Mistake of law

A

generally no defense unless mistaken about an element that negates intent, or if the person has relied on government interpretation that later changes

34
Q

Insanity

A

M’Naugten: did not know either the nature or the wrongfulness of the act
Irresistable Impulse; lacks cpaacity for self control to conform conduct to the law
Durham: would not have committed the crime but for the mental defect
MPC: lacked capacity to understant the wrongfulness or to conform conduct due to mental disease

35
Q

Intoxication

A

Voluntary: applies to negate specific intent only, but does not apply at all if you get drunk after forming the intent
Involuntary: applies to negate specific intent, general intent, malice, and voluntary acts

36
Q

Self defense

A

can use non-deadly force if faced with non-deadly force
can only use deadly force if you reasonable believe there is risk of death
Retreat: generally no duty to retreat
An aggressor can only use self defense if the other party escaltes the force or the agressor withdrew

37
Q

Defense of others

A

the right to use force to defend others exists to the extent the victim would be allowed to use force to defend themselves

38
Q

Defense of property

A

may use non deadly force if reasonbly necessary to immediately protect property, cannot be disproportionate,
deadly force only okay to prevent forcible entry

39
Q

Duress

A

threat of death or bodily injury forced D to commit a crime, does not apply to murder

40
Q

Necessity

A

forces of nature caused D to commit what would otherwise be a crime

41
Q

Entrapment

A

D would not have committed the crime except for trickery/fraud of law enforcement