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Bar Exam mine > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Embezzlement

A
  • Lawful possession of
  • personal property of another
  • fraudulently converts it for own use/personal benefit
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2
Q

Larceny by Trick

A
  • obtaining possession of another’s property
  • using deciet/false stmt
  • w/ intent to perm deprive
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3
Q

Robbery

A
  1. trespassory taking
  2. carrying away
  3. of anothers property
  4. by force, threat of force, or fear of imminent harm
  5. w/ intent to perm deprive
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4
Q

Continuing Trespass

A
  • wrongful taking w/o permission;
  • no intent to steal at time of taking;
  • intent to perm deprive forms after the intial taking
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5
Q

Forgery

A
  • fraudulent making of false doc
  • w/ legal significance
  • intended for wrongful use
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6
Q

Burglary

A
  • breaking (enlarging)
  • entering (any body part)
  • into dwelling house of another
  • at night
  • w/ intent to commit felony therein

felony need not be committed/intent must be present at moment of break in

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7
Q

Larceny

A
  • trespassory taking and carrying away
  • of anothers personal property
  • with the intent to perm deprive them of it at that moment
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8
Q

Receiving Stole Property

A
  • physical possession of stolen property
  • knowledge it was stolen
  • intent to keep
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9
Q

False Pretenses

A
  • Obtaining title to another’s personal property
  • Using deceit or false stmt
  • w/ intent to perm deprive
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10
Q

money; when is it giving possession v giving title

A

victim expects money back? = possession (lbt)

victim intends to give ownership of money? = title (fp)

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11
Q

general intent

2 elements
impact on jury..
general intent crimes are..

A
  1. defendant is **aware they’re acting in the proscribed **manner and
  2. any attendant circumstances required by crime are present
    * Jury may infer intent merely from doing act
  • false imprisonment, rape, kidnapping, and battery
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12
Q

M’Naghten Test

A
  1. suffered from disease of the mind
  2. disease caused a defect of reason
  3. as a result, defendant lacked ability to
  4. know the wrongfulness of actions or understand nature and quality of his actions
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13
Q

Malice crimes

malice is a

A
  • reckless disregard of an obvious high risk that a particular harmful result would occur
  • only malice crimes are common law murder and arson
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14
Q

MPC: purposely

Person acts purposely when

A
  • person had an underlying conscious object to act
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15
Q

MPC: knowingly

Person acts knowingly when

A
  • person is practically certain
  • that his conduct will cause a particular result.
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16
Q

MPC: recklessly

Person acts recklessly when

A
  • person consciously disregards
  • a substantial and unjustified risk
17
Q

MPC: negligently

Person acts negligently when

A
  • person ** was not aware** of the risk
  • but should have been aware of the risk
18
Q

specific intent

mental state

A
  • Specific intent requires doing an act with a specific intent or objective
  • jury cant infer specific intent from doing act
19
Q

specific intent crimes

Students Can Always Fake A Laugh Even For Ridiculous Bar Facts

A
  • Solicitation
  • Conspiracy
  • Attempt
  • First Degree murder
  • attempt
  • larceny
  • embezzlement
  • forgery
  • robbery
  • burglary
  • false pretenses
20
Q

MPC Test for insanity is

A

a combination of M’Naghten and irresistible

21
Q

irresistible impule test

A
  • defendant unable to control actions
  • defendant to conform conduct to law
22
Q

durham test

A

crime was product of mental disease or defect

23
Q

List of defenses

A

Insanity
Intox
Infancy
Self-Defense
Duress or necessity
Mistake of fact
Consent (rare)
Entrapment (rare)

24
Q

there is voluntary intoxication defense when defendant

A

1) is intoxicated as a result of intentionally taking intoxicating substance
and
2) it** prevents defendant from forming** purpose/specific intent

25
Q

there is a involuntary intoxication defense when defendant

A
  1. is intoxicated as a result of taking intoxicating substance without knowledge or under duress
    and
  2. defendant is acquitted if they meet jdxs insanity test
26
Q

A person can assert NDF self-defense when

A
  • person used** nondeadly force**
  • person reasonably believes force is about to be used on them
  • person has no duty to retreat
27
Q

A person can assert** DF self-defense **when

A
  • person used deadly force
  • person is without fault
  • person was confronted by unlawful force; and
  • person reasonably believes theyre threatened with imminent death or great bodily harm
28
Q

Defendant can assert imperfect self defense when

A
  • defendant uses deadly force but 3 requirements not met
  • murder may be reduced to voluntary manslaughter
29
Q

person has NO duty to retreat before using DF in [] jurisdictions

A
  • majority jdx
30
Q

person has a duty to retreat before using deadly force in [] jurisdictions except when (1) or (2)

A

minority jdx
except:
* cant be done safely, or
* in ones home

31
Q

A person can use deadly force to protect others when

A
  • only if person reasonably believes
  • other is threatened with death or great bodily harm
32
Q

A person can use non deadly force to protect others when

A
  • person reasonably believes
  • force is necessary
  • to protect other person
33
Q

A person can use deadly force to protect dwelling when

A
  • person inside** reasonably believes**
  • he is threatened, or
  • to prevent felony inside
34
Q

A person can use non deadly force to protect dwelling when

A
  • reaosnably **believes
  • force is necessary**
  • to prevent or end unlawful entry
35
Q

Necessity is a defense when

A

non deadly force is necessary to avoid greater harm

36
Q

Duress is a defense when

A
  • defendant reasonably believed
  • that another would imminently harm him or family member
  • if he did not commit the crime
37
Q

Mistake of fact is a defense when it

and when mistake rsnble or unrsnble?

A
  • negates the defendant’s state of mind
  • malice and general intent crimes–mistake must be reasonable
  • specific intent cimes–mistake can be reasonable or unreasonable
  • strict liability–not a defense
38
Q

Entrapment is a defense when

A
  • criminal scheme originated with authroties, and
  • defendant was not predisposed to commit the crime
39
Q

Infancy is a defense when

common law vs modern

A

Common law
- to all crimes when kid under age 7
- to all crimes when under 14 there is a rebuttable presumption

Modern statutes
- under 13 or 14 cant be convicted of an adult crime until age is reached (juvenile ok)

Bar Exam mine (9 decks)

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