Criminal Law Flashcards
Actus Reus
Actus Reus is the overt act.
Example:
Defendant stabs Victim.
Mens Rea
Mens Rea refers to a guilty mind or wrongful intent.
Example:
Defendant became enraged and planned to kill Victim.
Malum in Se
Malum in Se refers to a wrong in itself, i.e. something naturally evil.
Example:
Murder, rape, robbery, etc.
Malum Prohibitum
Malum Prohibitum refers to something made wrong by legislation.
Example:
Gambling, Public Intoxication, Possession of Cocaine
Felony
In most jurisdictions, a felony is a crime that is punishable by death or by a sentence of more than one year even if the sentence actually imposed is one year or less.
However, in some states, a crime is a felony if the sentence is to be served in a state prison, as opposed to a county or city jail.
Example:
Murder, Rape, Armed Robbery
Misdemeanor
A misdemeanor is any crime that is not a felony.
Example:
Serving alcohol to a minor.
The Corpus Delicti
The corpus delicti is the body of the crime, meaning the prima facie case or elements of the crime. Generally, the term embodies both the obvious evidence of a crime and the logical conclusion based upon that evidence that the elements of a crime have been committed.
Example:
A body is found lying face down in a back alley with a knife sticking out of the back. (Conclusion: Homicide)
Intended Results Doctrine
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If a person causes events to come about, which are his intended result, then his actions are considered to be the proximate cause of the result even if an intervening act was independent and unforeseeable.
Example:
Defendant shoots Victim with the intent to kill him, but Victim jumps out of the way and instead of getting hit with Defendant’s bullet, Victim breaks his leg and needs emergency surgery. Unfortunately, the paramedics that were on call, were completely drunk and wrecked the ambulance on the way to the hospital. Victim survived the crash but now needed heart surgery as well. Sadly, the heart surgeon had a seizure during the operation and cut Victim’s heart beyond repair, killing Victim.
Doctrine of Contributory Causes
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The Doctrine of Contributory Causes holds that when more than one cause brings about a particular result, then both are considered equally responsible.
Example:
Two men each shoot a firearm into the woods at exactly the same time, in the same direction. Both bullets hit and kill Victim. Medical evidence shows that either wound would have killed Victim, therefore both men will be considered equally responsible for Victim’s death.
Homicide
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Homicide is the killing of a human by another human.
Example:
Defendant forces Victim to drink poison and Victim dies.
Murder
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Murder is an unlawful homicide committed with malice aforethought.
Example:
Defendant kills Victim by poison.
First-Degree Murder
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First-Degree Murder is murder by poison; torture; lying in wait; or other willful, deliberate and premeditated means; or murder that results from application of the Felony Murder Rule.
Example:
Defendant tortures Victim to death.
Second-Degree Murder
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Second-Degree Murder is any murder that does not meet the requirements for first-degree murder.
Example:
Defendant and Victim get into an argument and Defendant punches Victim in the face and Victim falls, hits his head and dies.
Manslaughter
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Manslaughter is the unlawful killing of a human without malice aforethought.
Example:
Defendant backs his car out of the driveway and accidentally hits and kills a child.
Voluntary Manslaughter
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Voluntary manslaughter is a murder that, because of mitigating circumstances, is treated as less heinous than first or second-degree murder.
Example:
Defendant comes home and finds his twelve-year-old daughter barely alive because she has just been severely beaten and brutally raped. Defendant asks his daughter who did this and she tells Defendant that Neighbor Bob did it and then she dies. Defendant becomes enraged, grabs his shotgun and kills Neighbor Bob.
Involuntary Manslaughter
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Involuntary manslaughter is an unintentional homicide committed without malice but under circumstances involving either gross negligence or the commission of a crime not covered by the Felony Murder Rule.
Example:
Defendant knows she has a history of seizures but drives anyway. One day Defendant is driving and has a seizure, loses control of her vehicle and hits a pedestrian, killing the pedestrian.
Malice Aforethought
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Malice aforethought is when the defendant has a man endangering state of mind as evidenced by one of the following intentions: 1. An intent to kill as expressed by the defendant; 2. an intent to cause bodily harm as implied by the defendant’s actions; 3. a wanton and willful disregard of human life (depraved or malignant heart) as implied by the defendant’s actions; or 4. an intent to commit a dangerous felony as implied by the defendant’s actions.
Example:
Defendant hires a man to kill his wife.
Willful
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Willful means “voluntary” and “intentional.”
Example:
Defendant picks up a chair, raises it above his head and strikes Victim over the head with it.
Deliberation
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Deliberate means “carefully considered”.
Example:
Defendant decides that instead of divorcing his wife, it would be better for him if she were dead. Defendant begins researching ways to kill his wife.
Premeditation
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Premeditated means “thought out” or “planned beforehand”.
Example:
Defendant saves up enough money to hire a man to kill his wife.
Actual Cause or Cause in Fact
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An actual cause is the cause that starts, ignites, or makes possible the result that follows, and satisfies the “BUT FOR” or Substantial Factor Test.
Example:
(Quoted from Gilbert’s Law Summaries, 2010, pp. 57) “D struck V, causing a slight cut. X then shot V, causing a serious wound that bled severely. V lost several drops of blood from the wound inflicted by D and quarts of blood from the wound inflicted by X, and died from loss of blood. Although it could be argued that D’s actions were a “but for” cause of V dying from blood loss, those actions were not a “substantial factor” in bringing about the result and therefore may be held not to have factually “caused” it. [Perkins and Boyce, 779]”.
Proximate Cause
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(Quoted from Gilbert’s Law Summaries, 2010, pp 58) “Proximate causation is a flexible analysis involving a variety of policy considerations and which ultimately asks whether as a matter of policy the defendant should be held responsible for a particular result. [People v. Acosta, 284 Cal. Rptr. 117 (1991)]”.
Example:
(Quoted from Gilbert’s Law Summaries, 2010, pp 60) D struck V, aware of a high risk that V might die from the blow. In fact, V was only rendered unconscious. However, while unconscious, V vomited and choked to death. D did not anticipate causing V’s death in this manner (by choking). Nevertheless, V’s death was the “natural and probable consequence” of D’s action and there were no intervening factors; therefore, D’s conduct (striking V) was the proximate cause of V’s death. [People v. Geiger, 159 N.W.2d 383 (Mich. 1968)].”
Assault
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Assault is the intentional threatening of another with battery and the creating of reasonable apprehension of immediate bodily harm in the victim. Additionally, in criminal law, an assault is an attempted but failed battery, regardless of whether the intended victim was aware of the attempt.
Example:
Defendant charges toward Victim and screams, “I am going to kill you!”
Battery
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Battery is the intentional, harmful, or offensive touching of another.
Example:
Defendant punches Victim in the face.
False Imprisonment
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False imprisonment is the intentional confinement of another person against his will.
Example:
Defendant locks Victim in a closet, refusing to let her go.
Kidnapping
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Kidnapping is the movement of another person from one place to another against his will.
**Example: **
Defendant grabs abducts Victim from a store at gunpoint and takes Victim to a local park.
Rape
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Rape is sexual intercourse with a woman without her consent.
Example:
Defendant has sex with Vickie Victim, who is passed out on the couch.
Statutory Rape
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Statutory rape is sexual intercourse with a willing female under the age of consent.
Example:
Defendant, a twenty-year-old man, has sexual intercourse with twelve-year-old, Tina, who claims she is eighteen.
Sodomy
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Sodomy is the term used generically to cover what the common law or state legislatures regard as seriously deviate or unnatural sexual practices.
Example:
Sexual intercourse with an animal
Mayhem
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Mayhem is the malicious maiming or disfiguring of another.
Example:
Defendant cuts off Victim’s nose.
Burglary
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Burglary is the breaking and entering of a dwelling of another in the nighttime with the intent to commit a felony therein.
Example:
During the night, Neighbor Joe breaks into Bob’s house with the intent to steal Bob’s rare coin collection worth $10,000.
Statutory Burglary
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Statutory Burglary is an unlawful entry into a structure or vehicle with the intent to commit a felony or theft, including petty theft, once inside.
Example:
Defendant breaks into a car in the parking lot with the intent to steal the wallet that is sitting on the passenger’s seat.
Arson
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Arson is the malicious burning of the dwelling of another.
Example:
After catching Neighbor cheating with his wife, Joe burns down Neighbor’s house.
Statutory Arson
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Statutory arson is the malicious burning of any structure.
Example:
Angry with his boss, Defendant burns down his neighbor’s barn.
Larceny
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Larceny is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the owner thereof.
Example:
Defendant is in the store when he notices that a woman leaves her purse unattended. Defendant snatches the purse and quickly leaves the store.
Larceny by Trick or Deceit
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Larceny by trick is a form of larceny in which the taking of the personal property of another was done with the owner’s consent; however, the consent was obtained by deceit or fraud.
Example:
Defendant poses as a valet at a local restaurant where Victim drives up, hands Defendant the keys to his car, and walks inside. Defendant drives away in Victim’s car.
Obtaining Property by False Pretenses
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Obtaining property by false pretenses is the obtaining of title to the property of another through a false representation of fact with the intent to defraud.
Example:
Defendant, a jeweler, hoping to acquire Victim’s ring for far less than it’s actual value, told Victim that the center stone was a worthless fake, when in actuality it was a rare yellow diamond worth $20,000. Defendant offered to give Victim $50, the value he claimed was all the gold in the setting was worth.
Embezzlement
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Embezzlement is the fraudulent taking of the personal property of another by one to whom possession has been entrusted.
Example:
A family Attorney embezzles money from a child’s trust fund.
Robbery
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Robbery is larceny from the person of another by use of violence, force, intimidation, or threat of immediate harm.
Example:
Defendant approaches an elderly woman, flashes a knife in front of her and says, “Give me your purse or I will cut you!” The woman holds out her purse, Defendant snatches it and runs away.
Receiving Stolen Property
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Receiving stolen property is the acquisition of stolen property with knowledge at the time of receipt that it was stolen, when done with intent to deprive the owner of his property.
Example:
Defendant is offered a nice watch worth $1,000 from a guy in a parking lot for only $50. Defendant was suspicious that the watch might be “hot” but he buys it anyway.
Forgery
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Forgery is the false making or material alteration of a writing of legal significance with the intent to defraud.
Example:
Defendant steals Victim’s checkbook, then writes several checks to a local grocery store for cash.
Uttering
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Uttering is the use of a forged instrument, knowing that it is forged, with the intent to defraud.
Example:
A con artist creates a fake title to an old tractor parked in a field to which he “sells” to an unsuspecting Victim.
Extortion
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Extortion is the unlawful obtaining of property from another through coercion, usually involving a threat to perform an illegal act in the future. In some states, the term “extortion” applies to one who acts in an official capacity or under color of office, while “blackmail” applies to any person.
Example:
Defendant has compromising pictures of a local judge and tells the judge that he will release the photos to the press if the judge does not give him a favorable ruling in his upcoming case.
Blackmail
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Blackmail, in most states, is the same as extortion. However, in some states, extortion applies to those acting under color of office, while blackmail applies to any person obtaining property through coercion. In other states, blackmail applies to coercion through a threat to reveal information where such revelation would not be criminal in itself, but is only criminal because of the use of the threat to coerce the giving of the property.
Example:
Defendant has information proving Victim is cheating on his wife and threatens to reveal such information if Victim does not pay him $3,000.
Misprision of Felony
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Misprision of a felony is the nondisclosure of the known felony of another. Modernly it is the concealment of a known felony of another.
Example:
Defendant’s son steals a car and parks it in Defendant’s barn. Defendant discovers the car, cleans up any evidence linking his son to the car, then moves the car to another location hoping law enforcement will never know his son was involved.
Compounding the Crime
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Compounding the crime involves the acceptance of anything of value under an unlawful agreement not to prosecute a known offender, or to limit or to otherwise hinder the prosecution of his case.
Example:
John is out on parole then loses his temper and beats up Joe. Not wanting to go back to prison, John pays Joe $500 not to report the assault.
Perjury
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Perjury is the making of a false oath or affirmation in a judicial proceeding in regard to a material matter.
Example:
Defendant’s mother lies on witness stand stating that Defendant was with her at the time the crime occurred.
Subornation of Perjury
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Subornation of perjury is the procurement of perjury from another.
Example:
John pays Suzie to lie on the witness stand and say that he was with her at the time the crime occurred.
Embracery
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Embracery is an attempt by corrupt and wrongful means to influence a juror in regard to the jury’s verdict.
Example:
Corrupt Attorney offers to pay a juror $1000 to vote “not guilty”.
Bribery
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Bribery is the corrupt payment or receipt of an advantage or anything of value with the intent to influence a person’s action, vote, or opinion, in any public or official capacity.
Example:
Corrupt Contractor offers to pay Corrupt City Official 10% of the profits if Corrupt City Official will use any means necessary to make sure that Corrupt Contractor is awarded the contract.
Breach of Peace
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A breach of peace is a willful act that unreasonably disturbs the public peace.
Example:
Defendant and a group of his friends run through the neighborhood shouting, yelling, overturning garbage cans, and acting in an obnoxious manner.
Affray
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An affray is a mutual fight in a public place.
Example:
Joe and Bob get in a brawl at the local bar.
Unlawful Assembly
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An unlawful assembly is a meeting of three or more people with a common plan to commit an unlawful act or a lawful act in a manner likely to cause a breach of peace.
Example:
Defendant and his friends set up a meeting to make plans to start a riot during the 4th of July parade.
Rout
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A rout is the movement of unlawful assemblers for the purpose of carrying out the common design.
Example:
Defendant and his friends run through the streets in an attempt to incite others to form a riot.
Riot
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A riot is a tumultuous breach of peace by three or more persons acting together to commit a crime by open force or to carry out any common enterprise.
Example:
Defendant and his group of friends run through the streets throwing rocks and bricks through windows, shouting, yelling, overturning vehicles, and begin looting local businesses.
Solicitation
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Solicitation occurs when one counsels, incites, solicits, or requests another to commit an unlawful act.
Example:
Defendant approaches his friend and asks if he will help rob the local liquor store.
Attempt
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An attempt occurs when criminal intent becomes accompanied by an act that comes within close proximity of committing a crime.
Example:
Defendant, intending to kill his wife, stabs her thirty five times. Fortunately for the wife, emergency medical care saved her life.
Conspiracy
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Conspiracy results when two or more persons agree together to accomplish a criminal or unlawful act or to do a lawful act by criminal or unlawful means.
Example:
Joe and his friend agree to rob their boss after work.
Accessory
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An accessory is one who knowingly counsels, commands, encourages, or aids in the perpetration of a crime, but who is not present during the actual crime.
Example:
Joe, Sam, and Brad agree to rob the local convenience store the following evening, but none of them have a car, so they go to Suzie, who knowing their purpose, agrees to provide the car, but refuses to be present during the crime. The following evening, the three men rob the store. (Suzie is an accessory)
Principal in the First Degree
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A principal in the first degree is one who personally performs the actus reus of the crime.
Example:
At a local frat party, Fred rapes an unconscious female while his friends cheer and take photos. (Fred is the Principle in the First Degree)
Principal in the Second Degree
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A principal in the second degree is one who does not personally perform any actus reus of the crime, but who is actually or constructively present and who aids and abets in the commission of the crime.
Example:
At a local frat party, Fred rapes an unconscious female while his friends cheer and take photos. (Fred’s friends are Principles in the Second Degree)
Constructive Presence
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Constructive presence is presence that is legally imputed to one who, while not physically present during an act, is so situated as to give assistance to the perpetrator.
Example:
Joe and Suzie, two junkies, need money to buy drugs so they decide that Suzie will “look out” for anyone watching, while Joe climbs through an open window in a local house with the intent of stealing any money or jewelry he can find. (Suzie is “Constructively Present”)
Accessory After the Fact
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An accessory after the fact is one who was not present during the commission of the crime, but who provides aid with knowledge that the crime was committed, for example, by aiding the felon in avoiding arrest, conviction or punishment.
Example:
Knowing her son killed his wife, Defendant gives her son $10,000 in cash to flee the country.
Insane Delusion
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An insane delusion is the product of a mental disorder in which the defendant has a false belief in something that would be incredible to others and that belief remains persistent despite proof to the contrary.
Example:
Joe hears voices that tell him that his ex-girlfriend is really an evil fairy with maniacal plans for world domination and that she must be stopped at all costs.
Irresistible Impulse Test
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Under the Irresistible Impulse Test, a defendant is entitled to the defense of insanity if, because of a mental disorder, he knows that he is doing wrong but cannot control his behavior.
Example:
After being raped by her drunken husband, Lorena Bobbitt cut off her husband’s penis, claiming that she could not control herself.
Defense: Self-Defense
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A person who reasonably believes s/he is threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect herself/himself.
If the attack is with so-called “deadly force” the majority rule is that the one attacked may defend with “deadly force” if deemed reasonable under the circumstances.
The minority rule requires that the one attacked retreat if there is a safe means of doing so, unless the victim of the attack is in his “castle” (i.e., home).
Example:
A woman is abducted at knifepoint, and fearing for her life, she manages to get control of the knife and stab the perpetrator, killing him. She may use the defense of self-defense.
Defense: Defense of Others
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A person who reasonably believes another to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect the personal safety of the other person.
Example:
A father sees his child being abducted by knifepoint by a stranger, the father pulls his concealed firearm and is given a clear shot, which he takes, killing the abductor. The father may use the defense of defense-of-others.
Defense: Defense of Property
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A person may use reasonable force that is not likely to cause death or serious bodily harm to protect his possession of real or personal property against an apparent trespasser.
Example:
A purse-snatcher tries to take a woman’s purse when the woman overtakes the purse-snatcher, pins him to the ground and ties the snatcher’s hands behind his back with a pair of shoelaces then calls police. The woman may use the defense of defense of property.
Defense: Prevention of a Crime
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A police officer or private person may use reasonable force to prevent the commission of a crime that is apparently being attempted in his presence.
Example:
A thief is caught in the act of stealing a car by a group of men coming out of a bar. The men overtake the thief, pin him to the ground, and wait for the police to arrive. These men may use the defense of prevention of a crime.
Defense: Privilege of Public Authority
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A person may commit an otherwise criminal act if it is done under legal process or is otherwise authorized by law.
Example:
Repossession of a vehicle.
Defense: Mistake of Fact
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A mistake of fact will disprove a criminal charge if it is honestly entertained, based upon reasonable grounds and is of such a nature that the conduct would have been lawful had the facts been as they were supposed to be.
Example:
Julia is at a party and her purse is identical to one brought by another woman there. Julia mistakes the other woman’s purse for her own and leaves. Julia may use mistake of fact as her defense.
Defense: Mistake of Law
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A mistake of law is not a valid defense to a crime except in those rare instances where it negates an essential element of the crime. Therefore, the old saying “ignorance of the law is no excuse” is appropriate as a general rule.
Example:
Defense: Entrapment
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A person may not be convicted of a crime if a law enforcement officer (or an agent of an officer) solicited, induced or encouraged the person to commit the crime and if the person would not otherwise have committed it.
Example:
During a sting operation, an undercover agent spent over an hour pressuring a very nervous and shy teenaged boy to pay for sex. The boy may use entrapment as a defense.
Defense: Unconsciousness
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Under the defense of unconsciousness, a person who is unconscious, for instance, someone who is sleep walking, does not have the capacity to commit a crime.
Example:
A husband shoots his wife in his sleep. Husband may use unconsciousness as a defense.
Defense: Infancy
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Under the defense of infancy, a child under the age of 7 does not have the capacity to commit a crime, there is a rebuttable presumption that a child aged 7 to 14 does not have the capacity to commit a crime, and a child over the age of 14 has the same capacity to commit a crime that an adult has.
Example:
A three-year-old who shoots and kills his mother may use the defense of infancy.
Defense: Involuntary Intoxication
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Under the defense of involuntary intoxication, if a person is unintentionally intoxicated on alcohol or drugs as a result of force, fraud, medical prescription, reasonable mistake, allergic reaction, or the like, then his actions are excused to the same extent as they would be if those actions were the result of a mental disorder.
Example:
A man slips several drugs into his girlfriend’s drink without her knowledge or consent. She then drives home and gets into a car accident. Girlfriend may use the defense of involuntary intoxication.
Defense: Voluntary Intoxication
Under the defense of voluntary intoxication, a defendant who is intentionally intoxicated will be excused for his or her actions only if the intoxication has developed into a permanent mental disorder. However, voluntary intoxication may mitigate the degree or severity of the crime or charge if, due to the intoxication, the requisite criminal intent is lacking.
Example:
A drunken man is so wasted that the bartender takes away his keys. Having spent all of his money on alcohol, the drunk man cannot call a cab, so he breaks into a car he thinks is his, with the intent to “sleep it off” in the back seat. Unfortunately, the car was not his.
