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Criminal Law Flashcards

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1
Q

What is actus reus?

A

A voluntary act

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2
Q

What are the 3 elements to establish actus reus by Omission?

A

Had a legal duty to act,
Knew of facts giving rise to duty,
Was reasonably possible to perform duty

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3
Q

What are 5 things creating a legal duty to act?

A

Statute
Contract (on duty)
Relationship
Voluntary assumption of care
D created peril

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4
Q

What are the 3 common law mens rea?

A

specific intent,
general intent,
malice

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5
Q

Specific Intent crimes mnemonic?

A

Students can always fake a laugh even for ridiculous bar facts.

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6
Q

What are the specific intent crimes?

A

solicitation, conspiracy, attempt, false pretenses, assault, larceny, embezzlement, first-degree murder, robbery, burglary, forgery

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7
Q

What 2 defenses are available for specific intent crimes that are unavailable for general intent crimes?

A

Mistake of fact
Voluntary intoxication

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8
Q

What are the 4 states of culpability for the MPC?

A

Purposely
knowingly
recklessly
negligently

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9
Q

What is ‘purposely/intentionally’?

A

The conscious objective to engage in conduct or cause a certain result.

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10
Q

What is ‘knowingly’?

A

To be aware that conduct will very likely cause a particular result.

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11
Q

What is ‘recklessly’?

A

The conscious disregard of a substantial and unjustifiable risk.

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12
Q

What is ‘negligently’?

A

To fail to be aware of a substantial and unjustifiable risk.

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13
Q

What is the ‘concurrence’ requirement in criminal law?

A

The criminal act AND required mens rea occur simultaneously.

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14
Q

What are the 3 inchoate offenses?

A

Attempt
Conspiracy
Solicitation

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15
Q

Which inchoate offense does not merge with the underlying offense?

A

Conspiracy

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16
Q

3 elements to be an accomplice?

A

intend to assist the principle,
intend principle to commit crime,
aid, counsel, or encourage principle before or during crime.

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17
Q

3 requirements for an accomplice to successfully withdraw?

A

repudiate prior aid or encouragement,
do all possible to counteract prior aid,
before chain of events start and crime is unstoppable.

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18
Q

What is Solicitation?

A

Encouraging another to commit a crime with the intent that they commit it.

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19
Q

Is impossibility a defense to solicitation?

A

No

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20
Q

2 elements for Conspiracy plus additional 1 for MPC?

A

Intentional agreement b/w 2 or more,
to commit a crime,
and (an overt act in furtherance of crime.)

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21
Q

What is unilateral vs bilateral for Conspiracy?

A

CL=bilateral intent required.
MPC=unilateral intent required.

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22
Q

Is impossibility a defense to Conspiracy?

A

No

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23
Q

What all crimes are co-conspirators liable for?

A

Any that are foreseeable AND committed in furtherance of the conspiracy.

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24
Q

Is withdrawal a defense to conspiracy under CL…MPC?

A

CL-no
MPC-Only if co-conspirator thwarts the conspiracy.

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25
Q

What is Attempt?

A

Intentionally taking an overt and substantial step towards committing a crime.

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26
Q

Is factual impossibility a defense to Attempt?

A

No

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27
Q

Is abandonment a defense to Attempt under CL…MPC?

A

CL-No
MPC-Only if complete voluntary abandonment.

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28
Q

What are the 4 Insanity tests used by jurisdictions?

A

M’Naghten Test
Irresistible Impulse Test,
MPC Test,
Durham Test

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29
Q

3 ways of involuntary intoxication?

A

Taken without knowledge of its nature.
Taken under duress.
Medical advice without notice of intoxicating effects.

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30
Q

When is voluntary intoxication never a defense?

A

When intoxicated for the purpose of committing the crime (liquid courage).

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31
Q

What 2 situations is self-defense available for the initial aggressor?

A

After effective withdrawal before self-defense need arises, and communicates it.
Victim suddenly escalates a minor dispute to a deadly one.

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32
Q

When is Necessity not a defense under criminal law?

A

Crime committed results in death,
D caused the events giving rise to necessity.

33
Q

When is duress a valid defense, and what is the exception?

A

Reasonable belief crime was necessary to prevent death/SBI to D or D’s family.
Not available for intentional homicides.

34
Q

2 elements for Entrapment defense.

A

Criminal design originated with LE.
D was not otherwise predisposed to commit the crime.

35
Q

2 elements of criminal false imprisonment?

A

Unlawful confinement of a person,
without their consent.

36
Q

What turns a false imprisonment into a kidnapping?

A

Either moving the victim,
or concealment in an unknown, secret, hidden location.

37
Q

What is Murder?

A

Unlawful killing of another human with malice aforethought

38
Q

3 ways to have malice aforethought?

A

intent to kill/inflict SBI (1st degree)
depraved/malignant heart (2nd degree)
felony murder (1st degree)

39
Q

What is a depraved/malignant heart?

A

Reckless indifference to an unjustifiable risk of human life.

40
Q

What are the 3 ways to get a 1st degree Murder?

A

deliberate and premeditated,
felony murder,
murder of cop on duty

41
Q

What are the ways to get a 2nd degree murder?

A

Any Murder that is not 1st degree.

42
Q

What intent is required for a felony murder?

A

Intent to commit the underlying felony?

43
Q

What are the 5 common felonies associated with felony murder?

A

Burglary
Arson
Rape
Robbery
Kidnapping

44
Q

What are 2 limitations to the felony murder rule?

A

Victim’s death must be foreseeable result of the felony.
Victim’s death must occur before D reaches a place of temporary safety.

45
Q

What is voluntary manslaughter?

A

Killing resulting from adequate provocation or imperfect defense?

46
Q

What is adequate provocation for voluntary manslaughter?

A

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.

47
Q

What is involuntary manslaughter?

A

Killing committed by criminal negligence or during commission of non-felony murder crime.

48
Q

When can a misdemeanor create involuntary manslaughter?

A

Act was inherently wrongful,
OR death was a foreseeable result of act.

49
Q

What is Larceny?

A

Taking, and carrying away, another’s personal property without consent
with intent to permanently dispossess.

50
Q

When is intent to permanently dispossess required for larceny and what is the exception?

A

During the taking.
Unless borrowed and later decides not to return it.

51
Q

What is Embezzlement?

A

Fraudulent conversion of another’s property by one in lawful possession of it.

52
Q

Embezzlement and larceny can be refuted if the D…

A

reasonably believed the property belonged to them.

53
Q

What is the special defense to embezzlement?

A

D takes property with intent to restore the exact same property.

54
Q

What is False Pretenses AND Larceny by Trick?

A

Intentionally defrauding another by false statement of a past or existing fact to:
Obtain title (false pretenses)
Obtain possession (larceny by trick)

55
Q

What is Receipt of Stolen property?

A

Receiving possession and control of stolen personal property known to have been illegally obtained with intent to permanently deprive owner.

56
Q

4 elements of Forgery?

A

creating, altering, or offering
a document with purported legal significance,
to be false
with intent to defraud

57
Q

What is criminal robbery?

A

Wrongful taking of another’s personal property by force with intent to permanently deprive.

58
Q

What is extortion?

A

Obtaining property through threat of future harm or exposing info.

59
Q

5 common law elements for Burglary?

A

Breaking,
and entering,
dwelling of another,
at night,
with intent to commit a felony.

60
Q

What are the 3 main differences between CL and MPC Burglary?

A

MPC does not require a ‘breaking.
MPC does not require nighttime.
MPC allows misdemeanor theft plus felonies within dwelling.

61
Q

Can the intent to commit a felony during a burglary arise after entry has been made already?

A

Yes

62
Q

What is Arson?

A

Malicious burning of another’s structure.

63
Q

What is the minimal damage needed for Arson?

A

Charring

64
Q

What is probable cause?

A

Trustworthy facts or knowledge sufficient for a reasonable person to believe the suspect has committed or is planning to commit a crime.

65
Q

What is required to make a vehicle stop?

A

reasonable suspicion

66
Q

What are the 2 things required for legal police checkpoints?

A

Stop cars using neutral, articulable standard.
Serve purpose related to vehicles and their mobility.

67
Q

What is needed to claim an unreasonable search/seizure under the 4th Amendment?

A

Standing-A reasonable expectation of privacy regarding the thing or place searched or seized.

68
Q

2 ways to have automatic standing for 4th amendment challenge?

A

Own, right to possess, or live where being searched.
Overnight guest where being searched.

69
Q

3 requirements of a valid search warrant?

A

Based on PC.
Describe with reasonable precision place to be search and items to be seized.
Issued by neutral and detached magistrate.

70
Q

Good faith exception applies to improper warrants unless 3 things?

A

completely lacks PC,
defective on its face,
intentionally fraudulent PC,

71
Q

What is the Exclusionary Rule?

A

It prevents the introduction of evidence obtained in violation of constitutional rights.

72
Q

When does the exclusionary rule NOT apply, even if evidence was obtained illegally?

A

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).

73
Q

3 situations where exclusionary rule never applies?

A

Grand jury/civil cases/parole hearings
violations of knock and announce
Evidence seized as a result of Miranda violations.

74
Q

When can confessions in violation of Miranda, or illegally obtained evidence, be used?

A

Only to impeach D at trial.

75
Q

When does double jeopardy attach?

A

Jury trials-Jury is impanelled and sworn in.
Bench trials-1st witness is sworn in.
Pleas-court accepts plea agreement.

76
Q

What are the 3 elements required to establish Brady violation of exculpatory info?

A

Evidence impeaches or is exculpatory,
evidence is favorable to D,
reasonable probability the result would be different.

77
Q

When does brady not apply?

A

Post conviction proceedings

78
Q

The 5th Amendment protects one against self-incrimination from what kind of evidence?

A

Testimonial or communicative evidence only

79
Q

Can Abandonment be a defense for Attempt?

A

Not usually

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