Criminal Law Flashcards

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1
Q

Jurisdiction

A

Acquired if either conduct or result occurs in state.

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2
Q

Merger

A

Solicitation and attempt merge into committed substantive offense.

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3
Q

Elements of a Crime

A

1) Act

2) Mental state

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4
Q

Actus Reus

A

1) Voluntary bodily movement
- not reflexive/convulsive/unconscious/asleep

2) Omission as an act
- No legal duty to rescue
- Duty to act created by: statute, contract, relationship btw. parties, voluntarily assuming duty to care, creating the peril

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5
Q

Mens Rea (go back to outline – what does specific intent/general intent actually mean?)

A

1) Specific Intent
- Includes: solicitation, conspiracy, attempt, 1st degree murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery
- Additional defenses: voluntary intox, unreasonable mistake of fact
2) Malice
- Reckless indifference
- Murder and Arson
3) General Intent
- All other crimes (except strict liability)
4) Strict Liability
- No intent crimes
- Any defense that negates intention does not help

MPC: Purposely (conscious objective), knowingly (aware), recklessly (consciously disregards substantial/unjustifiable risk), negligence (fails to be aware . . . )

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6
Q

Accomplice Liability

A

Elements

1) Aids, advises, or encourages
2) Must have requisite intent
3) Liable for crime itself and foreseeable crimes

Withdrawal

  • If encouragement, must repudiate
  • If aid, must neutralize assistance
  • Can also contact police
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7
Q

Solicitation

A

Inchoate offense

Rule: Asking someone to commit a crime.

If person agrees –> conspiracy

If person proceeds far enough to make an attempt –> merger and both parties are now criminally liable for attempt.

Factual impossibility is no defense

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8
Q

Conspiracy

A

Liability for all co-conspirators crimes if in furtherance of the conspiracy and were foreseeable

Elements

1) Agreement: Need not be expressed. Intent can be inferred.
2) Bilaterial/Unilateral: CL required 2 guilty parties; MPC requires only one.
3) Overt Act: Majority requires overt act in furtherance. Minority and CL just need the agreement alone.

Factual impossibility is no defense.

Withdrawal does not end the conspiracy, but it can relieve liability from subsequent crimes.

1) Affirmative act notifying all members of the conspiracy.
2) Must be done in time for them to have the opportunity to abandon their plans.

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9
Q

Attempt

A

Rule:

1) Specific Intent (substantial step; more than mere preparation)
2) Overt act in furtherance of that crime

Defense of Abandonment
   Majority rule: After substantial step, no abandonment defense
   Minority rule (MPC): Allowed if fully voluntary with complete renunciation of criminal purpose

Legal impossibility is a defense. Factual is not.

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10
Q

Insanity

A

Defense for crimes based on criminal capacity

Four Tests

1) M’Naghten Rule: Lacked ability to know the wrongfulness of his actions, or understand the nature and quality.
2) Irresistible Impulse: Lacked capacity for self-control and free choice.
3) Durham Rule: Conduct was a product of mental illness.
4) MPC: Lacked the ability to conform conduct to requirements of the law.

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11
Q

Intoxication

A

Defense for crimes based on criminal capacity

Voluntary Intoxication: Only for specific intent crimes

Involuntary intoxication: A form of insanity. Defense to all crimes.

1) Unknowingly being intoxicated; OR
2) Becoming intoxicated under duress

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12
Q

Infancy

A

Defense for crimes based on criminal capacity

Under 7: no criminal liability
Under 14: rebuttable presumption of no criminal liability

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13
Q

Self-defense

A

Non-deadly force: V reasonably believes that force is about to be used on him

Deadly force
Majority: V reasonably believes deadly force is about to be used on him
Minority: Required to retreat if safe to do so.
- no duty to retreat from your home
- no duty to retreat if V of rape or robbery
- no duty to retreat for police officers

Original aggressor

  • Can get back self-defense if: 1) Withdraw and 2) communicate that withdrawal
  • If V escalates to deadly force, D can use force

Includes defense of others

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14
Q

Defense of dwelling

A

Deadly force may never be used solely to defend your property

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15
Q

Duress

A

Elements

1) Threat of imminent infliction of death or great bodily harm (self or others)
2) That belief is reasonable

Defense to all crimes EXCEPT homicide

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16
Q

Necessity

A

As a result of pressure from natural forces, D reasonably believes conduct was necessary to avoid a greater societal harm

Distinguished from duress: duress involves a human harm

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17
Q

Mistake of Fact

A

Negates intention

Availability:
Specific intent: any mistake at all
Malice/general intent: reasonable mistakes only
Strict liability: never a defense

Distinguished from factual impossibility: D never has intent to commit that crime with mistake of fact.

18
Q

Consent

A

Generally no defense.

19
Q

Entrapment

A

1) Criminal design originated with law enforcement

2) D not predisposed to commit the crime

20
Q

Battery

A

Unlawful application of force (direct or indirect), results in either bodily injury or offensive touching

21
Q

Assault

A

1) An attempt to commit battery

2) The intentional creation of a reasonably apprehension of imminent bodily harm (more than mere words)

22
Q

Aggravated assault

A

Assault plus

1) Use of deadly or dangerous weapon; or
2) Intent to rape, maim, or murder

23
Q

Homicide

A

1) Unlawful killing with malice aforethought
- Intent to kill; or
- Intent to inflict great bodily harm; or
- Intent to commit a felony; or
- Reckless indifference to an unjustifiably high risk to human life

2) Cause-in-fact of V’s death
3) Proximate cause: D is responsible for all results that occur as a natural and probable consequence of conduct.

Degrees: First, Second, Manslaughter

24
Q

First-degree murder

A

Premeditated killing: With intent or knowledge that conduct would cause death

Felony murder: Any killing committed during the course of a felony

  • Defenses
    1) Any defense to underlying felony
    2) Felony must be a felony other than killing
    3) Deaths must be foreseeable
    4) Once D reaches point of temporary safety
    5) Not liable for death of co-felon

Homicide of police officer: D must know V is law enforcement AND V must be acting in line of duty

25
Q

Second-degree murder

A

Murders not classified as first-degree

Depraved heart killing: done with reckless indifference to an unjustifiably high risk to human life

26
Q

Manslaughter

A

Voluntary manslaughter

1) Killing in the heat of passion resulting from adequate provocation by V
2) Provocation must be one that would arouse sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control
3) Not sufficient time btw. provocation and the killing for passions of a reasonable person to cool
4) D did not in fact cool off

Imperfect self-defense: some states give manslaughter if D has honest but unreasonable belief that life was in imminent danger

Involuntary manslaughter

  • A killing of criminal negligence; OR
  • Misdemeanor manslaughter
27
Q

False imprisonment

A

Unlawful confinement of a person without his valid consent.

28
Q

Kidnapping

A

Confinement of a person with some movement, or concealment in a secret place

29
Q

Rape

A

Slightest penetration completes the crime

30
Q

Statutory rape

A

Strict liability. Consent and mistake of fact are no defenses

31
Q

Larceny

A

Rule: Wrongful taking, a carrying away of property by another by trespass with intent to permanently deprive.

Slightest movement is enough

Intent to deprive must exist at the time of taking. Or, if taken without intent but later developed, can be larceny under theory of continuing trespass

32
Q

Embezzlement

A

Rule: The fraudulent conversion of property of another

Embezzler always has lawful possession followed by illegal conversation (think a Trustee)

33
Q

False Pretenses

A

Rule: D persuades owner of property to convey title by false pretense

False representation could be about past or present fact (not future)

If only possession (not title) is passed –> larceny by trick

34
Q

Robbery

A

Rule: Taking of personal property from the other person’s presence, by force or threat (of imminent harm), with intent to permanently deprive

Larceny (from person or presence) + Assault (by force or intimidation)

35
Q

Extortion

A

Rule: Knowingly seeking to obtain property or services by means of a future threat

Distinguished from robbery: threats are of future harm

36
Q

Forgery

A

Rule: The making or altering of a false writing with intent to defraud

37
Q

Burglary

A

Rule: Breaking and entering of a dwelling of another at night with intent to commit a felony therein.

Breaking can be actual or constructive.

  • Actual: Does not include walking through wide-open doors or windows.
  • Constructive: By fraud or threat

Dwelling: cannot be a barn or commercial structure

Intent to commit felony therein: must exist at the time of breaking and entering

38
Q

Arson

A

Rule: The malicious burning of the dwelling of another

Only applies to burning (and charring). Not smoke damage (or scorching).

At CL, no arson for burning own dwelling

39
Q

Reasonable belief defenses

A

1) self-defense
2) duress
3) necessity
4) mistake of fact

40
Q

Trigger words

A

Trapped/confined –> false imprisonment
Touched –> battery
Fearful –> assault