Criminal Law Flashcards

Question

What potential mental states are required?

Answer 1

1) The intent to kill 2) The intent to inflict serious bodily harm 3) Extreme recklessness (reckless indifference to human life--"depraved heart murder") 4) Intentional commission of an inherently dangerous murder (felony murder)

Answer 2

That the intentional use of a deadly weapon creates an inference of an intent to kill

Answer 3

If a defendant intends to harm one victim but accidentally harms a different victim instead, the defendant's intent will transfer from the intended victim to the actual victim. Does not apply to attempts, only to crimes with "completed harms"

Answer 4

Defendant must have been guilty of the underlying felony Felony must be inherently dangerous Felony must be independent of the killing (GA does not recognize this limitation) Res gestae principles: Killing must take place during the felony or during immediate flight from the felony. Once a place of temporary safety is reached, the felony ends. Death must be foreseeable Victim must not be a co-felon

Answer 5

Proximate cause theory: If one of the co-felons proximately causes the victim's death, al of the co-defendants are guilty, even if killing is committed by a third party Agency theory: Felony murder only applies if the killing is committed by one of the co-felons

Answer 6

Any killing committed with Premeditation and Deliberation

Answer 7

All other intentional murders are second degree

Answer 8

ALL murder is a capital offense punishable by death or life imprisonment

Answer 9

Causing the death of a fetus at any stage of development - willfully through injury to the mother that would constitute murder if it were to result in the mother's death - or during the commission of a felony Punishment is life imprisonment

Answer 10

Causing someone's death, without malice aforethought, by driving in a manner that violates the Motor Vehicles code

Answer 11

A killing committed intentionally in the heat of passion upon adequate provocation. Need for: - Provocation to be objectively adequate (serious assault or battery; witnessing adultery) - Defendant to actually be provoked - No time to cool off - Defendant did not actually cool off between being provoked and killing

Answer 12

1) A killing committed during the commission of a crime to which the felony murder doctrine does not apply (in GA, "unlawful act" manslaughter 2) An unintentional killing - Common law: with criminal negligence - MPC: Recklessly - GA: Doesn't have this type of vol. manslaughter

Answer 13

The unlawful confinement of a person without his consent. Need general intent

Answer 14

False imprisonment that involves either moving the victim or concealing the victim in a secret place. Need general intent

Answer 15

Sexual intercourse without the victim's consent, accomplished by: - Force - Threat of force - Or, when the victim is unconscious Need general intent

Answer 16

Sexual intercourse with someone under the age of consent (in GA, 16 years old) Need strict liability in most places, but a reasonable mistake of age is a defense in SOME places

Answer 17

Trespassory Taking and Carrying away the Personal property of Another with the Intent to Permanently retain the property - Trespassory: Wrongful or unlawful - Taking and Carrying Away: Property must be moved - Personal Property of Another: Legal custody belonged to someone else (even if Defendant still owned property) - Intent to Permanently retain the property: Can't intend to give the property back--need intent to steal

Answer 18

A taking under a claim of right is never larceny, even if the defendant erroneously believes the property is his

Answer 19

If a defendant later forms the intent to steal (even if he wasn't originally guilty of larceny), the initial trespassory taking is considered to have continued and he will be guilty of larceny.

Answer 20

The conversion of personal property of another by a person in lawful possession of that property, with the intent to defraud. Need a specific intent to defraud

Answer 21

Possession requires the authority to exercise some discretion over the property.

Answer 22

Obtaining title to the personal property of another by an intentional false statement, with the intent to defraud Need false statement of a present or past event, not a future promise

Answer 23

Where the defendant obtains only custody as a result of an intentional false statement.

Answer 24

A larceny from someone's person or presence by force or threat of immediate injury. Need specific intent to steal Also, must be some location reasonably close to the victim (room in house where victim is located)

Answer 25

Any amount of force sufficient to overcome resistance is sufficient

Answer 26

Need threat of immediate injury (can't be future harm)

Answer 27

Making or altering a writing so that it is false Need specific intent to defraud

Answer 28

Into the single offense of theft The seriousness of the offense is determined by the value of the property taken

Answer 29

The breaking and entering the dwelling of another at night with the intent to commit a felony inside

Answer 30

1) Breaking: Creating or enlarging an opening by at least minimum force (includes "Constructive breaking"--entry gained through fraud or threats) 2) Entry: Some part of defendant's body must enter the building 3) Dwelling: a structure where someone regularly sleeps 4) Of another: Can't burglarize your own house 5) At night: at night 6) Intent to commit a felony inside: Specific Intent Crime

Answer 31

Entering or remaining within an occupied or unoccupied building or structure without authority, and with the intent to commit a felony or any theft therein.

Answer 32

The malicious burning of a building. Burning requires material wasting, and it must be the building itself that burns Need malice In Georgia, arson is knowingly damaging personal property worth $25 or more by means of fire or explosive

Answer 33

When a statute criminalizes the possession of contraband, possession means controlled for a period of time long enough to terminate possession. Contraband does not need to be in actual possession, just so long as it is close enough for him to exercise dominion and control over it. Need knowledge of the possession and of the character of the item possessed.

Answer 34

Receiving possession and control of stolen personal property Need knowledge that the property has been obtained criminally by another party Classified as a theft in Georgia

Answer 35

Aids or encourages the principal Need intent that crime be committed

Answer 36

All crimes that he aids or encourages, and all other foreseeable crimes committed along with the aided crime

Answer 37

When their mere presence is at the scene without actively aiding/encouraging principal. When they possess mere knowledge of the crime without the criminal intent. In Georgia, an accomplice may be tried and convicted even if the principal is acquitted.

Answer 38

1) As an encourager: An accomplice who only encouraged the principal may withdraw by repudiating the encouragement before the crime is committed 2) As an aider: An accomplice who actually helped the principal must either neutralize the assistance or otherwise prevent the crime from happening

Answer 39

Helping a principal who has committed a felony with knowledge that the crime has been committed, and with the intent to help the principal avoid arrest or conviction. Defendant commits statutory crimes such as obstruction of justice or hindering prosecution.

Answer 40

When a corporate agent engages in criminal conduct, BOTH the corporation and the agent may be held criminally liable, provided the agent is acting: - On behalf of the corporation - Within the scope of his or her office When a corporation commits a regulatory offense involving public health or safety and its agents stand in reasonable relation to the situation creating the public danger

Answer 41

Asking someone to commit a crime, with the intent that the crime be committed Need specific intent

Answer 42

NO, the crime is in the asking.

Answer 43

An agreement between two or more people to commit a crime, plus an overt act in furtherance of the crime - Agreement need not be expressed but can be proved by conduct - Any act, even preparatory, by any of the co-conspirators Need specific intent to: Enter into an agreement, and to accomplish the objectives of the conspiracy

Answer 44

NO. Essence of the crime is in the agreement

Answer 45

NO, under the bilateral approach, there must be at least 2 guilty minds, both of whom agree to the conspiracy YES, under the unilateral approach, the defendant may be guilty of conspiracy even if the other parties are acquitted or were just pretending to agree

Answer 46

In addition to the conspiracy, a defendant will be liable for other crimes committed by his co-conspirators, so long as: - The crimes were committed in furtherance of the conspiracy's objective, and - Were foreseeable

Answer 47

NO, it's not a defense. Still guilty of conspiracy if the person you conspire to kill dies before you kill him.

Answer 48

Requires an overt act beyond mere preparation. 1) Common Law "Proximity Test": The defendant must engage in conduct that gets dangerously close to the commission of the crime 2) Majority/Georgia/MPC "Substantial Step" Test: The defendant must engage in conduct that constitutes a substantial step towards the commission of the crime--conduct must strongly corroborate the criminal purpose

Answer 49

Requires specific intent to commit the underlying crime. Cannot attempt unintentional crimes--no attempt versions of: - Recklessness crimes - Negligence crimes - Felony murder

Answer 50

Withdrawal is NOT a defense. But once a defendant withdraws from a criminal conspiracy, he will no longer be vicariously liable for crimes committed by co-conspirators after he leaves. Still guilty of conspiracy and all foreseeable crimes committed prior to his withdrawal

Answer 51

Abandonment is a defense to attempt, provided the change of heart was complete and voluntary. A co-conspirator can be absolved of criminal responsibility for the conspiracy charge if he withdraws before the occurrence of an overt act.

Answer 52

Solicitation and attempt merge with the complete crime. But conspiracy does not merge. In Georgia, conspiracy merges with the completed crime.

Answer 53

Defendant must have a mental disease or defect

Answer 54

1) The M'Naghten Test: Defendant must prove that he either - Did not know his conduct was wrong - Did not understand the nature of his conduct 2) The MPC Test: Defendant must establish that he lacked the substantial capacity to - Appreciate the criminality of his conduct - To conform his conduct to the requirements of the law In Georgia, the two bases for an insanity acquittal are: - Defendant must prove he didn't know his act was wrong; or - Defendant must prove he was operating under a "delusional compulsion" that "overmastered his will" to resist committing the crime

Answer 55

With insanity, the issue is whether the defendant was insane at the time of the crime. If he was insane, he is not guilty by reason of insanity. With incompetency, the issue is whether at the time of trial, the defendant cannot understand the nature of the proceedings, or cannot assist his lawyer in preparing a defense. If he is incompetent, the trial is postponed until the defendant regains competency.

Answer 56

Under the common law, voluntary intoxication can be a defense to specific intent crimes only. It requires such a "severe prostration of the faculties" that a defendant cannot form the requisite specific intent. Under Georgia law, the voluntary intoxication defense requires more than a temporary alteration of brain function so as to negate criminal intent.

Answer 57

The common law follows the Rule of Sevens: - Less than 7 at time of crime, cannot prosecute - Between 7 and 14, there is a rebuttable presumption against prosecution - 14 or older, prosecution is allowed Most states have abolished the Rule of Sevens, but in Georgia, to be found guilty of a crime, defendant must be at least 13 at the time of the crime.

Answer 58

Mistake of fact and mistake of law

Answer 59

If mental state for the crime is specific intent, any mistake of fact will be a defense. If mental state is malice or general intent, only a reasonable mistake will be a defense. If mental state is strict liability, mistake of fact will NEVER be a defense.

Answer 60

Mistake of law is generally not a defense, unless a statute specifically makes knowledge of the law an element of the crime.

Answer 61

Deadly and non-deadly force

Answer 62

Reasonably necessary to protect against an immediate use of unlawful force against himself

Answer 63

He is facing an imminent threat of death OR serious bodily harm

Answer 64

A defendant may not use deadly force when he is the initial aggressor, but he can regain his right to use deadly force in self-defense if: - He withdraws from the fight and communicates this withdrawal to the other person; or - The victim suddenly escalates a non-deadly fight into a deadly one

Answer 65

In Georgia, retreat is not required before using deadly force in self-defense. In minority states, retreat is required unless the defendant cannot retreat in complete safety, or he is in his home

Answer 66

A reasonable mistake is a complete defense An unreasonable mistake is not a defense at all in Georgia and in most states, but under the MPC and in a few states, an unreasonable mistake will mitigate but not exonerate a defendant.

Answer 67

An unreasonable belief in the need to use deadly force in self-defense will mitigate murder to voluntary manslaughter.

Answer 68

Non-deadly force may be used, if reasonably necessary, to prevent any serious breach of the peace. Deadly force may only be used to prevent a felony risking human life. A defendant may use force, even deadly force, to protect others as he would protect himself. Generally, deadly force may NOT be used to defend property. But in Georgia, deadly force may be used to prevent the commission of a felony inside a dwelling.

Answer 69

Necessity is a defense to criminal conduct if the defendant reasonably believed that the conduct was necessary to prevent a greater harm. But the defense is unavailable if: - Defendant causes the death of another person to protect property - Defendant creates the situation that causes a choice of evils

Answer 70

Can bring a duress defense if the defendant was coerced to commit a crime because of a threat, from another person, of imminent death or serious bodily injury--to himself or a close family member In most states, including Georgia, duress cannot be a defense to a crime of homicide.

Answer 71

If the defendant believes that the government unfairly tempted him to commit a crime, he may claim entrapment. Must prove: - That the criminal design originated with the government; and - He was not predisposed to commit the crime Entrapment is a very narrow defense--a defendant virtually never wins on this defense.