Criminal Law Flashcards
What are the four major requirements for criminal liability?
- Actus Reus
- Mens Rea
- Factual Cause
- Proximate Cause
What constitutes actus reus?
Any voluntary bodily movement
What constitutes mens rea?
Required mental state, which varies by crime
What crimes require specific intent?
Students Can Always Fake a Laugh, Even For Ridiculous Bar Facts ___
- Solicitation
- Conspiracy
- Attempt
- First Degree Murder
- Assault
- Larceny
- Embezzlement
- Forgery
- Robbery
- Burglary
- False Pretenses
What crimes can be satisfied with only malice? And what constitutes malice?
- Murder (depraved heart)
- Arson
- reckless indifference
What crimes can be satisfied with a general intent? What is a general intent?
- Battery
- Rape
- Defendant has a general awareness that she is acting in a manner that would be prohibited by law
What are the defenses that are unique to specific intent crimes?
- Intoxication
- Mistake of Fact
What crimes can an accomplice be criminally liable for?
- Crimes she committed
- Crimes she aided, advised, or encouraged
- Any related crimes that were probable and foreseeable
What are the three elements of conspiracy?
- Agreement (can be inferred by conduct)
- intent to agree
- intent to pursue an unlawful objective
How many people are required for a conspiracy?
At common law, the bilateral rule requires at least two criminals. Under the MPC, even a single person with criminal intent can be charged and convicted of conspiracy
What actions are required to find one guilty of conspiracy?
- No over act, under common law
2. An overt act under the majority rule, and it can be big or small, and even an act of preparation
What are the elements of the crime of solicitation?
Asking someone to commit a crime. At common law, not necessary for them to agree
What are the elements of Attempt?
Must commit an overt act that is a substantial step in furtherance of the crime. Mere preparation is not sufficient.
What are the elements of common law murder?
Unlawful killing of someone with malice aforethought. Intent can be shown by intent to kill, intent to commit a felony, intent to inflict great bodily harm, reckless indifference to an unjustifiably high risk to human life
What are the three types of first degree murder?
- premeditated killing
- homicide of a police officer (acting as such, even if off duty)
- felony murder (as long as foreseeable / excludes deaths that occur after criminal reaches a point of temporary safety)
What is a second degree murder?
A depraved heart murder. That is, killing with a reckless indifference to the risk to human life
What is voluntary manslaughter?
- killing in the heat of passion resulting from adequate provocation
- provocation is one that would cause sudden and intense passion in the mind of an ordinary person such that he would lose conrol
- not enough time to cool off
- killer did not in fact cool off
What is an involuntary manslaughter?
- killing of criminal negligence
2. misdemeanor manslaughter
what is battery?
unlawful use of force against a person resulting in either bodily injury or offensive touching
what is assault?
attempt to commit a battery or to create a reasonable apprehension of imminent bodily harm
what is aggravated assault?
attempt to commit a battery or to create a reasonable apprehension of imminent bodily harm + (i) deadly or dangerous weapon or (ii) intent to rape, maim, or murder
what is false imprisonment?
unlawful detention of a person against their will
what is kidnapping?
taking someone against their will, moving them, and hiding them in a secret place
larceny
wrongful taking and carrying away of another’s property with the intent to deprive them of it
robbery
taking personal property from someone’s presence by force or threat of force. presence is broad enough to cover anywhere nearby
burglary
breaking and entering into someone’s dwelling at night with the intent to commit a felony therein
embezzlment
fraudulent conversion of another’s property
false pretenses
defendant tricks victim to convey title to property
extortion
knowingly seek to obtain property or services by means of a future threat
forgery
making or altering a false writing with the intent to defraud
arson
malicious burning of another’s dwellling
what are the two insanity defense standards?
- M’Naghton Rule: at time of crime, D lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.
- Irresistible Impulse: D lacked the capacity for self control and free choice
When may victim use non-deadly force?
When he reasonably believes force will be used on him
When may victim use deadly force?
- Majority: when he believes deadly force may be used on him
- Minority: Must retreat, unless in your home or the victim of rape or robbery (or if police officer)
When may original aggressor use self defense?
After he withdraws and communicates his withdrawal
When may you defend others?
When you reasonably believe that they could have used self defense
What is the defense of duress?
Person acts on a reasonable believe that he under the threat of imminent infliction of death or great bodily harm
What is the defense of necessity?
Conduct that would otherwise be criminal is justifiable if D reasonably believes that natural forces require his action in order to avoid greater societal harm
Can you use deadly force to protect your dwelling?
no
What type of crimes can be excused by a mistake of fact?
Specific intent crimes: Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts
