Criminal Law Flashcards
What is actus reus?
A voluntary act
What are the 3 elements to establish actus reus by Omission?
Had a legal duty to act,
Knew of facts giving rise to duty,
Was reasonably possible to perform duty
What are 5 things creating a legal duty to act?
Statute
Contract (on duty)
Relationship
Voluntary assumption of care
D created peril
What are the 3 common law mens rea?
specific intent,
general intent,
malice
Specific Intent crimes mnemonic?
Students can always fake a laugh even for ridiculous bar facts.
What are the specific intent crimes?
solicitation, conspiracy, attempt, false pretenses, assault, larceny, embezzlement, first-degree murder, robbery, burglary, forgery
What 2 defenses are available for specific intent crimes that are unavailable for general intent crimes?
Mistake of fact
Voluntary intoxication
What are the 4 states of culpability for the MPC?
Purposely
knowingly
recklessly
negligently
What is ‘purposely/intentionally’?
The conscious objective to engage in conduct or cause a certain result.
What is ‘knowingly’?
Aware conduct will likely cause a certain result.
What is ‘recklessly’?
The conscious disregard of a substantial and unjustifiable risk.
What is ‘negligently’?
To fail to be aware of a substantial and unjustifiable risk.
What is the ‘concurrence’ requirement in criminal law?
The criminal act AND required mens rea occur simultaneously.
What are the 3 inchoate offenses?
Attempt
Conspiracy
Solicitation
Which inchoate offense does not merge with the underlying offense?
Conspiracy
3 elements to be an accomplice?
intend to assist,
intend they commit crime,
Encourage them before or during crime.
3 requirements for an accomplice to successfully withdraw?
repudiate prior aid or encouragement,
counteract prior aid,
before chain of events start.
What is Solicitation?
Encouraging another to commit a crime with the intent that they commit it.
Is impossibility a defense to solicitation?
No
2 elements for Conspiracy plus additional 1 for MPC?
Intentional agreement b/w 2 or more,
to commit a crime,
and (an overt act in furtherance of crime.)
What is unilateral vs bilateral for Conspiracy?
CL=bilateral intent required.
MPC=unilateral intent required.
Is impossibility a defense to Conspiracy?
No
What all crimes are co-conspirators liable for?
Any that are foreseeable AND committed in furtherance of the conspiracy.
Is withdrawal a defense to conspiracy under CL…MPC?
CL-no
MPC-Only if co-conspirator thwarts the conspiracy.
What is Attempt?
Intentionally taking an overt and substantial step towards committing a crime.
Is factual impossibility a defense to Attempt?
No
Is abandonment a defense to Attempt under CL…MPC?
CL-No
MPC-Only if complete voluntary abandonment.
What are the 4 Insanity tests used by jurisdictions?
M’Naghten Test
Irresistible Impulse Test,
MPC Test,
Durham Test
3 ways of involuntary intoxication?
Taken without knowledge of its nature.
Taken under duress.
Medical advice without notice of intoxicating effects.
When is voluntary intoxication never a defense?
When intoxicated for the purpose of committing the crime (liquid courage).
What 2 situations is self-defense available for the initial aggressor?
After effective withdrawal before self-defense need arises, and communicates it.
Victim suddenly escalates a minor dispute to a deadly one.
When is Necessity not a defense under criminal law?
Crime committed results in death,
D caused the events giving rise to necessity.
When is duress a valid defense, and what is the exception?
Reasonable belief crime was necessary to prevent death/SBI to D or D’s family.
Not available for intentional homicides.
2 elements for Entrapment defense.
Criminal design originated with LE.
D was not otherwise predisposed to commit the crime.
2 elements of criminal false imprisonment?
Unlawful confinement of a person,
without their consent.
What turns a false imprisonment into a kidnapping?
Either moving the victim,
or concealment in an unknown, secret, hidden location.
What is Murder?
Unlawful killing of another human with malice aforethought
3 ways to have malice aforethought (murder)?
intent to kill/inflict SBI (1st degree)
felony murder (1st degree)
depraved/malignant heart (2nd degree)
What is a depraved/malignant heart?
Reckless indifference to an unjustifiable risk of human life.
What are the 3 ways to get a 1st degree Murder?
deliberate and premeditated,
felony murder,
murder of cop on duty
What are the ways to get a 2nd degree murder?
Any Murder that is not 1st degree.
What intent is required for a felony murder?
Intent to commit the underlying felony?
What are the 5 common felonies associated with felony murder?
Burglary
Arson
Rape
Robbery
Kidnapping
What are 2 limitations to the felony murder rule?
Victim’s death must be foreseeable result of the felony.
Victim’s death must occur before D reaches a place of temporary safety.
What is voluntary manslaughter?
Killing resulting from adequate provocation or imperfect defense?
What is adequate provocation for voluntary manslaughter?
Provocation that would cause sudden passion in a reasonable person so that they can’t control themselves and are unable to cool down due to lack of time.
What is involuntary manslaughter?
Killing committed by criminal negligence or during commission of non-felony murder crime.
When can a misdemeanor create involuntary manslaughter?
Act was inherently wrongful,
OR death was a foreseeable result of act.
What is Larceny?
Taking, and carrying away, another’s personal property without consent
with intent to permanently dispossess.
When is intent to permanently dispossess required for larceny and what is the exception?
During the taking.
Unless borrowed and later decides not to return it.
What is Embezzlement?
Fraudulent conversion of another’s property by one in lawful possession of it.
Embezzlement and larceny can be refuted if the D…
reasonably believed the property belonged to them.
What is the special defense to embezzlement?
D takes property with intent to restore the exact same property.
What is False Pretenses AND Larceny by Trick?
Intentionally defrauding another by false statement of a past or existing fact to:
Obtain title (false pretenses)
Obtain possession (larceny by trick)
What is Receipt of Stolen property?
Receiving possession and control of stolen personal property known to have been illegally obtained with intent to permanently deprive owner.
4 elements of Forgery?
creating, altering, or offering
a document with purported legal significance,
to be false
with intent to defraud
What is criminal robbery?
Wrongful taking of another’s personal property by force with intent to permanently deprive.
What is extortion?
Obtaining property through threat of future harm or exposing info.
5 common law elements for Burglary?
Breaking,
and entering,
dwelling of another,
at night,
with intent to commit a felony.
What are the 3 main differences between CL and MPC Burglary?
MPC does not require a ‘breaking.
MPC does not require nighttime.
MPC allows misdemeanor theft plus felonies within dwelling.
Can the intent to commit a felony during a burglary arise after entry has been made already?
Yes
What is Arson?
Malicious burning of another’s structure.
What is the minimal damage needed for Arson?
Charring
What is probable cause?
Trustworthy facts or knowledge sufficient for a reasonable person to believe the suspect has committed or is planning to commit a crime.
What is required to make a vehicle stop?
reasonable suspicion
What are the 2 things required for legal police checkpoints?
Stop cars using neutral, articulable standard.
Serve purpose related to vehicles and their mobility.
What is needed to claim an unreasonable search/seizure under the 4th Amendment?
Standing-A reasonable expectation of privacy regarding the thing or place searched or seized.
2 ways to have automatic standing for 4th amendment challenge?
Own, right to possess, or live where being searched.
Overnight guest where being searched.
3 requirements of a valid search warrant?
Based on PC.
Describe with reasonable precision place to be search and items to be seized.
Issued by neutral and detached magistrate.
Good faith exception applies to improper warrants unless 3 things?
completely lacks PC,
defective on its face,
intentionally fraudulent PC,
What is the Exclusionary Rule?
It prevents the introduction of evidence obtained in violation of constitutional rights.
When does the exclusionary rule NOT apply, even if evidence was obtained illegally?
When the govt can ‘break the chain’ between the illegal conduct and the evidence. (would have discovered anyway, another source led them to it also…etc).
3 situations where exclusionary rule never applies?
Grand jury/civil cases/parole hearings
violations of knock and announce
Evidence seized as a result of Miranda violations.
When can confessions in violation of Miranda, or illegally obtained evidence, be used?
Only to impeach D at trial.
When does double jeopardy attach?
Jury trials-Jury is impanelled and sworn in.
Bench trials-1st witness is sworn in.
Pleas-court accepts plea agreement.
What are the 3 elements required to establish Brady violation of exculpatory info?
Evidence impeaches or is exculpatory,
evidence is favorable to D,
reasonable probability the result would be different.
When does brady not apply?
Post conviction proceedings
The 5th Amendment protects one against self-incrimination from what kind of evidence?
Testimonial or communicative evidence only
Can Abandonment be a defense for Attempt?
Not usually
