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Criminal Law Flashcards

1
Q

Act Requirement (commission)

A

Any bodily movement

Is a physical act

That can be the basis for crim. liability

As long as it was voluntary

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2
Q

Two types of an act

A

Commission
Omission

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3
Q

Specific Intent Crimes

A

SCAFALEFRBF

Solicitation
Conspiracy
Assault
False Imprisonment
Attempt
Larceny
Embezzlement
Forgery
Robbery
Burglary
First Degree Murder

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4
Q

General Intent

A

General awareness of the factors constituting the crime

Battery
Arson
Rape
False Imprisonment
Kidnapping

(BARFK)

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5
Q

Malice

A

Disregarding an obvious/known risk

(i.e. murder)

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6
Q

Strict Liability

A

No mental state req’d
Crime requires simply doing the act

(statutory rape)

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7
Q

Causation

A

Actual - but for d’s action, the bad result wouldn’t have happened

Proximate - bad result is natural & foreseeable

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8
Q

Concurrence

A

D must have the requisite mental state AT THE SAME TIME he engages in the culpable conduct

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9
Q

Battery

A

Unlawful
Application
of Force

resulting in
-Bodily injury
-Offensive touching

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10
Q

Assault

A

Attempted battery
or
Intentional creation of reasonable fear (more than just words) of imminent bodily harm

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11
Q

Homicide

A

Murder of a person w/ malice aforethought

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12
Q

Murder (malice aforethought)

A

IK
ICGBH
ER
Inherently dang. felony

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13
Q

Deadly Weapon Rule

A

Intentional use of a deadly weapon = intent to kill

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14
Q

Transferred intent

A

If D intends to hurt one, but actually harms another = intent transfers

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15
Q

Recklessness

A

Knew it could’ve happened and did it anyway

-> were there people around?

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16
Q

Inherently dangerous felonies

A

Battery
Arson
Rape
Robbery
Kidnapping

(BARRK)

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17
Q

Rules for murder during an IDF

A
  • Can’t be a co-felon
  • Needs to be during/immediately after
  • D must be guilty of underlying felony
  • Must be foreseeable
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18
Q

Proximate cause theory

A

If one co-felon proximately causes the victim’s death, they’re all liable

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19
Q

First Degree Murder

A

Murder done w/
-premeditation
-deliberation

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20
Q

Second Degree Murder

A

All other intentional murders including depraved heart

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21
Q

Manslaughter

A

Done w/ negligence

  • Voluntary
  • Involuntary

Shouldn’t have done it but you didn’t know anyone could be killed

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22
Q

Voluntary manslaughter

A

Intentional killing
done in the heat of the moment
upon adequate provocation

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23
Q

Involuntary manslaughter

A

Murder done w/ criminal negligence

OR

any crime thats not an IDF

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24
Q

Imperfect self-defense

A

You used excessive force & killed someone

Honestly & reasonably believed you had to
= voluntary manslaughter

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25
Parent neglecting child & child dies
Involuntary manslaughter
26
False Imprisonment
Unlawful confinement of a person w/o their consent (must be aware)
27
Kidnapping
False imprisonment + moving or concealing
28
Theft offenses
Larceny False Pretenses Larceny by trick Embezzlement Robbery Forgery
29
Larceny
Taking & carrying away of personal property (of another) by trespass w/ intent to permanently deprive
30
Continuing trespass
Taking something w/o permission by trespass but you're not going to perm deprive & LATER you decide to perm deprive
31
False Pretenses
Obtaining title of personal prop (of another) by false statement w/ intent to defraud
32
Larceny by trick
Obtaining custody (possession) of personal prop (of another) by false statement w/ intent to defraud
33
Embezzlement
Conversion of personal prop (of another) w/ lawful possession w/ intent to defraud
34
Robbery
Larceny + force/intimidation/fear You must actually give up the property believing you were in fear
35
Habitation offenses
Burglary Arson
36
Burglary
Breaking + entering of a dwelling (of another) at night w intent to commit a felony therein
37
Breaking into a store/building
NOT a dwelling under CL
38
"Breaking and entering" by force/fraud
Still breaking and entering even if you were "let in"
39
Arson
Malicious burning of a building -can be your own
40
Receipt of stolen property
1) knowledge that it was obtained criminally 2) intend to permanently deprive
41
Liability for the conduct of others (Accomplice)
Must aid/encourage the person to commit the crime w/ intent its committed
42
An accomplice can be guilty for
All crimes encouraged/aided All foreseeable crimes
43
Accomplice defenses
Withdrawal Encourager - must take back encouragement before crime begins Aider- must stop assistance or prevent from happening
44
Accessory after the fact
Help someone who committed a crime w/ knowledge the crime was committed w/ intent to help principal avoid arrest/conviction
45
Incohate offenses
Solicitation Conspiracy Attempt
46
Solicitation
Asking, encouraging someone to commit a crime w/ intent they commit it
47
Conspiracy
An agreement Between 2 or more people To commit a crime + an overt act in furtherance of committing the crime
48
Conspiracy specific intent
Intent to enter into an agreement Intent to accomplish the objectives
49
Overt act
ANY act even mere preparation
50
MPC Conspiracy
Unilateral approach
51
Conspiracy defenses
Impossibility = never a defense Withdrawal = never a defense but can be a defense from any addt'l crimes
52
Attempt "act" requirement
Requires an overt act BEYONd mere preparation "Substantial step" for MPC
53
Attempt defenses
Legal impossibility NEVER factual
54
Merger
Solicitation + attempt merge, conspiracy does not
55
M'Naughten
Doesn't know the conduct was wrong
56
MPC Insanity
Can't appreciate the criminality & conform conduct
57
Self-defense, non-deadly
Reasonably necessary To protect an immediate use of unlawful force against himself
58
Self defense, deadly force
Can use deadly force against an imminent threat of death / serious bodily harm
59
Initial aggressor rule
Can't use deadly force if you're the initial aggressor unless 1) withdrew and communicated you withdrew 2) victim escalated non-deadly into deadly
60
Reasonable / unreasonable mistake of force
Reasonable - complete defense Unreasonable - will mitigate
61
Use of force to prevent crime
nondeadly = ok to prevent any serious breach of peace deadly = ok to prevent / protect a felony risking human life
62
Fourth Amendment
Protects against unreasonable searches and seizures
63
Seizure
A reasonable person feels like they're not free to leave
64
Arrest
A person is taken into custody
65
Pretextual arrest
Any ulterior motive is irrelevant as long as the pre-reqs are satisfied
66
Searches & seizures of property are valid if
1) No reasonable expectation of privacy in the place being searched 2) valid SW executed within the scope 3) Exception applies
67
An officer may arrest someone in public w/o a warrant if
He has PC
68
Warrant
1) Issued by a neutral + detached magistrate 2) Upon showing of PC 3) Particularity
69
PC
Fair probability Person has committed a crime or Evidence of a crime will be found in place searched
70
Particularity
Can only search/seize items in the warrant
71
Good Faith exception
If police reasonably believed the warrant was valid, evidence wont be excluded unless -No pc -No particulary -Officer lied -Biased judge
72
Warrant exception
Consent SIA Inventory S&F Auto Plain View Special Needs Exigent Circumstances
73
Reasonable suspicion v. PC
RS - Lower burden PC - higher burden
74
Consent
1) Person must have authority -Actual (ownership, possession) - Apparent 2) Must be given -intelligently -voluntarily
75
Search incident to arrest
Contemporaneous search of arrested person 1) person 2) wingspan 3) passenger comp or unlocked cont. in it if RS 4) adjoining rooms for others

MBE (8 decks)

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