Criminal Law Flashcards

Question

Answer 1

**Vehicular Manslaughter** 1. **First Degree: **death while drunk + BAC \> 0.18 or more than 1 death 2. **Second Degree: **death while drunk **Criminally Negligent Homicide: **negligence (should have been aware of the risk of death). **Aggravated homicide: **applies to all types of homicide if victim is police on duty. **Aggravated murder: **D 18+ kills V\<14 cruelly, wantonly **Aggravated vehicular homicide: **First degree vehicular manslaughter + reckless driving.

Answer 2

* Common law: the unlawful confinement of a person without his consent (general intent). * New York: "unlawful imprisonment" 1. **First Degree: **unlawfully restraining someone without consent, with knowledge that the restiction is unlawful and risk of serious injury. 2. **Second Degree: **unlawfully restraining someone without their consent with knowledge the restriction is unlawful.

Answer 3

Common law: false imprisonment and moving victim or concealing in a secret place. New York: * **First degree: abducting someone, and ** * **Ransom, ** * **Restraint \> 12 hours with intent to rape/injure/rob; or ** * **Death of Victim ** * **Second degree: abducting someone **

Answer 4

* Sexual intercourse without victim's consent, by: * Force; * Threat of force; or * when victim is unconscious (General intent)

Answer 5

* Sexual intercourse with someone under the age of consent * Age of consent is 17 in NY * 21 +, victim 16 or younger in NY * Mental state = strict liability (majority/NY) **MPC/minority rule: mistake of age, if reasonable, is a defense. **

Answer 6

**Trespassory Taking and Carrying Away the Personal Property of Another with the Intent to Permanently Retain the Property. ** _Specific intent_ * taking under a claim of right is not larceny * continuing trespass created by later on forming intent to deprive owner permanently (exception to concurrence).

Answer 7

* Conversion of personal property of another by a person already in lawful possession of that property with the intent to defraud. * Possession \> custody * Authority to exercise discretion over property (e.g., trustee) * **Specific intent to defraud **(n/a if you intend to return, but must return *same* items).

Answer 8

* Obtaining _title_ to the personal property of another by an intentional false statement with the intent to defraud. * Title = ownership * Present or past event, not future promise * Specific intent crime

Answer 9

* Obtaining _CUSTODY_ (not ownership/title) of the personal property of another by an intentional false statement * Past/present, not future, promise

Answer 10

* Making or altering a writing so that it is false with the specific intent to defraud

Answer 11

* A **larceny** from a person's **person/presence** by **force or threat of immediate force.** * Specific intent to steal * Force must be sufficient to **_overcome resistance._** * E.g., purse snatching from arm, but not pick-pocketing

Answer 12

**THIRD DEGREE.** * Forcible stealing (use/threatened use of immediate force). **SECOND DEGREE** * Forcible stealing + aided by a person actually present, or injury to the victim, or car is stolen, **First Degree & can prove the firearm was unloaded.** **FIRST DEGREE ** * Forcible stealing + victim is seriously injured, or use/display of loaded firearm (burden on D to show not loaded, knocks to second degree).

Answer 13

* Any crime that is, at common law, larceny, embezzlement, false pretenses, or larceny by trick: * Degrees * 1st = \> 1,000,000 * 2nd = \> 50,000 * 3rd = \> 3,000 * 4th = \> 1,000 * Petit = \< 1,000

Answer 14

* Breaking and entering the dwelling of another at night with the intent to commit a felony inside. **Specific intent crime**. * Breaking is creating/enlarging an opening with minimal force. * **New York ** * **Third Degree: **No dwelling/nighttime requirement, and can be done by remaining inside; crime need not be a felony. * **Second Degree: **Third degree burglary + dwelling ***or ***non-participant is injured ***or ***carrying weapon. * **First Degree:** Third degree burglary + knowledge that it is a dwelling + either non-participant injury, ***or ***carrying a weapon.

Answer 15

* Common Law: Malicious burning of a building. * ***State of mind = malice*** * Burning = "material wasting" (charring, not scorching. Must be the building itself that burns). * At common law the building must have been a dwelling of another but most states have eliminated this. * **New York ** * **Fourth degree: **reckless burning of a building * **Third degree: **intentional burning of a building * **Second degree: **third degree arson + knows/should know someone is inside * **First degree: **second degree arson + use of explosive/incendiary device

Answer 16

## Footnote Control for long enough to have opportunity to terminate possession. **Constructive possession** = close enough for D to exercise dominion and control over contraband.

Answer 17

**Receiving possession & control of stolen personal property. Requires: ** * **Knowledge that property is stolen; ** * **Intent to permanently deprive. ** **In NY property must actually be stolen. **If recovered by the police and used in a sting operation it is not stolen (but can be charged with attempt).

Answer 18

* Aiding or encouraging the principal of a crime, with the intent that the crime be committed. * For crimes requiring recklessness/negligence, requires intentional conduct that aids principal and the same mental state of recklessness/negligence for commission of crime. * Mere presence is insufficient; * Mere knowledge is insufficient (but = criminal facilitation in NY)

Answer 19

* Accomplice is guilty of all crimes that he aids or encourages, & * All other foreseeable crimes committed along with aided crime.

Answer 20

* Encourager must repudiate encouragement before crime * Aider must neutralize assistance or otherwise prevent the crime, as by notifying the authorities. * **In New York, you must make a substantial effort to prevent the crime (affirmative defense). **

Answer 21

* Often charged with obstruction of justice / harboring a fugitive / hindering prosecution. * Lesser than accomplice liability. * Consists of aiding a principal who has committed a felony, with the knowledge that a crime has been committed and intent to help the principal avoid arrest/conviction.

Answer 22

* Corporation and **agent** can be held criminally liable when the agent acts on behalf of the corporation and within the scope of his office. * For regulatory offenses involving public safety, agents can be liable if they stnd in "responsible relationship" to the situation creating the public danger.

Answer 23

* Asking someone to commit a crime with the intent that the crime be committed. Crime complete after the asking. * Merges with the completed offense at common law **(but not in New York). **

Answer 24

**Impossibility is not a defense (unless _legal_ impossibility) ** **AGREEMENT to commit a crime, ** **- and - ** **OVERT ACT in furtherance of crime** **(mere preparation insufficient)** _Mental State:_ 1. Intent to agree; and 2. Intent to commit the crime _Special Rules_**_ _** * **Bilateral Conspiracy:** At Common Law, no one-person conspiracy. If all parties acquitted, the last D cannot be convicted. * **Unilateral Conspiracy:** **New York**/MPC approach, one guilty mind okay. No acquittal if other Ds are not guilty/incompetent to enter into. * **Wharton Rule (followed in New York): **Need more parties to the conspiracy than are necessary to commit the crime (e.g., dueling). * **Vicarious ("Pinkerton) Liability (NOT followed in New York): **A co-conspirator can be liable for other crimes, not agreed to, committed by the other conspirators, if those crimes were committed in furtherance of the conspiracy's objective & were foreseeable.

Answer 25

**OVERT ACT BEYOND MERE PREPARATION.** * **NY: **"Dangerously close" to commission of the crime * **Majority/MPC: **"Substantial step" that strongly corroborates criminal purpose. This is a specific intent crime. **Cannot apply to recklessness/negligence crimes or to felony murder. **

Answer 26

* Generally not a defense * But in NY, abandonment = affirmative defense if defendant completely and voluntarily renounces, and as a result does not commit underlying crime.

Answer 27

* Generally not a defense, but can be a defense to vicarious liability if he clearly leaves the conspiracy and other crimes committed after.

Answer 28

* **Solicitation/conspiracy: **affirmative defense if D completely and voluntarily withdraws and prevents the commission of the crime. * **Attempt: **affirmative defense if defendant completely and voluntarily renounces and as a result does not commit a crime.

Answer 29

* **Common Law: **attempt/solicitation merge; conspiracy does NOT. * **New York: **solicitation & conspiracy do not merge (attempt does).

Answer 30

* **M'Naghten:** Defendant shows either, (a) did not know his conduct was wrong; or (b) did not undertand the _nature_ of his conduct. * **MPC:** Defendant shows he lacked _substantial capacity_ to (a) appreciate the criminality of his conduct or (b) conform his conduct to the requirements of the law. * **New York: **Defendant must prove she lacked substantial capacity to know or appreciate either (a) the nature and consequences of his conduct; or (b) that his conduct was wrong. * Notice must be given within 30 days of "not guilty" plea.

Answer 31

* Whether, at the time of trial, D can understand the nature of the proceedings against him; and assist his lawyer in the preparation of his defense.

Answer 32

* **_Can_** be a defense to specific intent crimes (assault, pre-meditated murder, false pretenses, embezzlement, larceny, forgery, robbery, burglary, attempt, conspiracy, solicitation). * **_Not a defense to malice, general intent, or strict liability crimes._** * New York: * Knowledge and intent crimes, defense available. * Not recklessness, negligence, strict liability

Answer 33

* **Common law rule of sevens:** \<7, no prosecution; \>14, rebuttal presumption against; 14+, prosecution allowed. * **Infancy in NY: ** * **\<13 **only juvenile proceedings * **13 **adult criminal prosecution okay for second degree murder * **14–15 **adult criminal prosecution only for serious crimes on person/property * **16+ **adult criminal prosecution allowed for any crime.

Answer 34

* **Common Law: **A reasonable mistake is a defense to general intent, specific intent, and malice crimes (but not strict liability). * An **_unreasonable mistake_** is only a defense to specific intent crimes. * **New York: **Mistake of fact defense only if it negates the required mental state. * **_Unreasonable mistake:_** defense to intent/knowledge/ recklessness; * **_Reasonable:_** negligence * **_No mistake:_** strict liability

Answer 35

## Footnote **Not a defense unless statute calls for knowledge of criminality **

Answer 36

* Must be _reasonably necessary_ to protect against an _immediate_ use of _unlawful_ force against oneself or another.

Answer 37

* Deadly force may be used to protect against **imminent threat of death ****or serious bodily harm****, **BUT * If Initial Aggressor * **Majority Rule:** *can't use* if started physical fight, unless (a) WITHDRAWS & COMMUNICATES WITHDRAWAL, or (b) VICTIM SUDDENLY ESCALATES non-deadly to deadly * **New York: Must withdraw even if sudden escalation ** * Retreat Rule * **Majority Rule: **No retreat * **New York: **Retreat unless can't in complete safety or D is in his HOME. Stairway/alcove in front of home is NOT home; still must retreat further.

Answer 38

* A reasonable mistake is a complete defense. * An unreasonable mistake * **NY/majority rule:** no defense * **Minority/MPC rule:**"imperfect self defense" can mitigate (e.g. to manslaughter).

Answer 39

* Nondeadly force: OK if reasonably necessary to prevent a serious breach of the peace * Deadly: only to prevent felony risking human life.

Answer 40

* Deadly force may not be used, unless the property is your dwelling, and: * 1) Intruder gains entry violently, and * 2) Deadly force reasonably believed to be necessary to prevent a personal attack on self or another in the dwelling

Answer 41

* **Majority rule:** may use non-deadly force to resist unlawful arrest * **NY:** no force unless P.O. uses excessive force

Answer 42

* When reasonable under the circumstances, to prevent fleeing felon from threatening serious bodily harm or death to others and deadly force is necessary to prevent his escape.

Answer 43

* Conduct, otherwise criminal, can be justified if D reasonably believes the conduct is necessary to prevent greater harm. But N/A where: * D causes person's death to protect property; or * D is at fault in creating the danger

Answer 44

* If D is coerced to commit crime b/c of threat from another of death or serious injury to himself or close family member. **Majority: defense N/A to homicide crimes ** **New York: defense applicable to any crime including homicide **

Answer 45

1. Criminal design originated with gov't; and 2. Defendant not pre-disposed to commit the crime **New York:** entrapment is aff. defense. Prosecution may introduce prior criminal acts in its direct case to rebut.

Answer 46

First degree: D recklessly engages in conduct that creates grave risk of death to another person Second degree: D recklessly engages in conduct that creates a substantial risk of serious physical injury to another.