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1L > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Omission to act

A

Generally no liability, unless there is some basis to impose affirmative duty

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2
Q

Malice Aforethought

A

Malice exists if defendant intended to kill the victim, intended to inflict great bodily injury, acted with extreme in deference to human life, was engaged in the commission of an inherently dangerous felony.

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3
Q

Intent to Kill Murder - Premeditation

A

If the killing occurs after defendant thought about the act of killing the victim, turning it over in his mind or giving it a second thought, even if only briefly a prior reflection

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4
Q

Intent to Kill Murder - Deliberation

A

Requires acting with a cool mind, as opposed to suddenly and impulsively

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5
Q

Deadly Weapon Doctrine

A

If one uses a weapon, from the manner used, is calculated or likely to produce death or serious bodily injury. Intent to kill is then assumed.

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6
Q

Intent to do serious bodily injury murder

A

intends to do seriously bodily injury, but who actually succeeds in killing, is guilt of murder in spite of his lack of an intent to kill

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7
Q

Felony Murder Rule

A

All felons are liable if anyone dies as a proximate result of an inherently dangerous felony.

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8
Q

Gun Battle Rule

A

If one felon provokes a gun battle, and another felon is killed by the police than any other felon in the gun battle is liable

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9
Q

Felony Murder Rule - Vicarious Liability for Homicide

A

The strict traditional view is that every felon engaged is liable for any death caused as a proximate cause of the felony. However some courts are now saying that if a third party commits a justified homicide of another felon, there is no liability

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10
Q

Gross Recklessness Depraved-heart Murder

A

If a killing occurs as a result of conduct by the defendant that shows the defendant has acted with extreme indifference to human life, then the defendant will be deemed to have acted with the requisite malice for murder

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11
Q

First Degree Murder

A
  1. First degree murder requires either a finding of intent to kill malice with premeditation and deliberation.
  2. Felony Murder Rule and the underlying felony is one that is specified by statute as eligible for first degree murder. In most states, robbery along with burglary, arson rape and kidnapping are all underlying felonies sufficient for first-degree murder.
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12
Q

Voluntary Manslaughter

A

That which would be murder except for adequate provocation or imperfect self-defense

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13
Q

Heat of Passion / Provocation

A

A charge of voluntary manslaughter rather than murder is proper when the defendant kills in the heat of passion. This mitigating circumstance occurs only if the facts show that four requirements are met: (1) reasonable provocation; (2) the defendant was in fact provoked; (3) a reasonable person would not have cooled off before killing; and (4) the defendant must not in fact have cooled off.

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14
Q

Imperfect Self Defense

A

If D has an unreasonable, though honest, incorrect belief that the other is committing or attempting a felony, or that the other is a felon trying to escape

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15
Q

Criminal Negligence

A

D’s conduct, under the circumstances known to him must involve a high degree of risk of death or serious injury, and D is aware of the fact that the risk exists

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16
Q

Battery

A

the unlawful application of force to the person of another

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17
Q

Intent

A

D either intentionally injuries, or injuries through criminal negligence (general intent)

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18
Q

Assault

A

Attempted battery or creating reasonable apprehension of a battery

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19
Q

Rape

A

Unlawful sexual intercourse with a woman without her consent

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20
Q

Sexual Intercourse

A

Penetration of V’s vagina by D’s penis

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21
Q

Consent

A

D reasonably and good faith believes consent, then not guilty (unless consent was received by threat of immediate bodily injury or fraud of the nature of the act)

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22
Q

Mayhem

A

With intent, unlawfully disfiguring, dismembering, or disabling another person

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23
Q

False Imprisonment

A

Intentional unlawful confinement of a person

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24
Q

Kidnapping

A

Intentionally transporting and confining a person against their will by force or threat and without legal authority

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25
Q

Larceny

A

Trespassory taking and carrying away of the tangible personal property of another with intent to permanently deprive another

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26
Q

Robbery

A

Larceny from a persons presence by force or threat of force

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27
Q

Permanently Deprive - Fungible Item Exception

A

If D intends to replace a fungible item at the time of taking, then no crime.

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28
Q

Extortion

A

Larceny by use of threat of force in the future

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29
Q

Forgery

A

Fraudulent making of a false writing which has apparent legal significance

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30
Q

Larceny by Trick

A

Obtaining possession of property of another through false representation with intent to convert and actually converting

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31
Q

Custody

A

Employee that is limited in what they can do with the property

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32
Q

Possession

A

Employee that has property and has free use of it

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33
Q

Title

A

Full right of property

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34
Q

Embezzlement

A

The fraudulent conversion of the property of another by one who is already in lawful possession of it

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35
Q

False Pretenses

A

A false representation of a material present or past fact that causes the victim to pass title to his property to the wrongdoer who knows his representation to be false and intends to thereby defraud the victim

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36
Q

Receiving Stolen Property

A

Receiving stolen property knowing it was stolen with the intent to deprive the owner of the property

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37
Q

Continuing Trespass Doctrine (mistake)

A

Mistakenly takes what D thinks is theirs, finds out that it’s not, but decides to keep it. Becomes Larceny

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38
Q

Breaking Bulk Doctrine

A

A common carrier that takes a whole shipment of goods is embezzlement. If only take a portion of it, then Larceny

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39
Q

Victims Mistake

A

If D is aware of mistake at time they receive property, then Larceny

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40
Q

Finders of Property - Larceny

A

If D has the intent to steal at time of taking, and there is a reasonable clue as to ownership of property.

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41
Q

Burglary

A

The common law elements are breaking and entering of a dwelling place at night with the intent to commit a felony therein. The modern rule is that there does not have to be a breaking, the place does not have to be a dwelling, and the entry does not have to be at night

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42
Q

Breaking

A

Without permission, or with permission given by fraud.

43
Q

Entering

A

Does not have to be D, can be an instrumentality if D is doing so to carry out the felony directly

44
Q

Protected Structure

A

The type of structure protected by this jurisdiction

45
Q

Arson

A

Burning the dwelling of another with malice

46
Q

Intent to Steal Now + Custody

A

Larceny (when)

47
Q

Intent to Steal Later + Custody

A

Larceny (when)

48
Q

Intent to Steal Now + Possession

A

Larceny by Trick (when)

49
Q

Intent to Steal Later + Possession

A

Embezzlement (when)

50
Q

Intent to Steal Now + Title

A

False Pretenses (when)

51
Q

Intent to Steal Later + Title

A

No Crime (when)

52
Q

Homicide

A

The unlawful killing of a human being as the proximate cause of D’s act, or if D is vicarious liable as an accomplice or because of the felony murder rule.

53
Q

Murder

A

A homicide done with malice

54
Q

Felonies Covered by FMR

A

The felony must be inherently dangerous. A felony is inherently dangerous when an element of the felony requires inherently dangerous conduct. Some jurisdictions also find that a felony is inherently dangerous when it is committed in an inherently dangerous manner (even if no elements of the offense require inherently dangerous conduct)

55
Q

Solicitation

A

A person who asks or requests another to commit a crime with the intent that the crime be committed. Crime is complete as soon as D tries to communicate their intent.

56
Q

Conspiracy CL

A

An agreement between two or more people to commit a crime.

Now majority there needs to be an overt act to further the conspiracy.

57
Q

Conspiracy MPC

A

An agreement with one or more people to commit a crime, and an overt act to further the conspiracy

58
Q

Conspiracy Withdrawal

A

Breaks off liability, but does not negate the actual conspiracy:

  1. Perform an affirmative act
  2. Which would inform a reasonable person of the withdrawal
  3. Which in fact communicates his withdrawal to all co-conspirators
  4. In time for them to effectively abandon the conspiracy.
59
Q

Attempt

A

Intention of committing a criminal act and committed a substantial step in furtherance of the crime

60
Q

Self Defense

A

One who is not the aggressor is allowed to use reasonable force to stop the aggressor when he reasonable believes that he is in immediate danger, and the use of force is needed to avoid the danger

61
Q

Defense of Others

A

There is a split of authority. Some jurisdictions only allow defense of others if the person being defended by the defendant is entitled to use self defense. Other jurisdictions allow defense of others if the defendant reasonably believes that the person being defended is entitled to use self defense

62
Q

Crime Prevention

A

Dangerous felony is being committed and D uses deadly force that he reasonably believes is necessary to stop it.

63
Q

Apprehension of Fleeing Felon

A

Crime prevention + fleeing felon must pose a significant threat to police or public

64
Q

Entrapment - Modern Trend

A

If a government agent acts as the victim, and D can show that a reasonable person would have been enticed to do the crime by the agent

65
Q

Principle in First Degree

A

the one who actually commits the crime

66
Q

Principle in Second Degree

A

one who is with the principle in first and assists or encourages one to commit the crime

67
Q

Accessory Before the Fact

A

One who is not present during the crime, but aids in the commission of the crime before it happens

68
Q

Accessory After the Fact

A

A felony must be completed, the person giving aid must know of the commissions of the felony, and aid must be given to hinder apprehension of the felon.

69
Q

Requirements for Accomplice Liability

A

A party who assists or encourages another to commit a crime will be liable if they acted with the intent to cause the crim

70
Q

Involuntary Manslaughter

A

Can be shown by criminal negligence or unlawful act.

71
Q

Attempt - Merger

A

Attempt: if crime is completed, attempt merges with the completed crime

72
Q

M’Naghten

A

Disability that the accused have suffered a defect of reason, from a disease of the mind and at the time of the act he did not know the nature and quality or the act or that the act was wrong

73
Q

Irresistible Impulse

A

If by reason of mental disease D was not able to control his conduct

74
Q

Durham “Product” Test

A

D was not criminally responsible if his unlawful conduct was a product of mental disease or mental defect

75
Q

ALI “Substantial Capacity” Test

A

A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to confirm his conduct to the requirements of law.

76
Q

Automatism

A

The state of a person who, though capable of action, is not conscious of what he is doing

77
Q

Involuntary Intoxication

A

When D didn’t know, or should have not known, the ingesting the substance in question would result in intoxication, or was compelled to ingest the intoxicating substance under duress. Where, was a consequence of becoming involuntary intoxicated, the effect upon D is the same as insanity, and he is excused from culpability for his crime.

78
Q

Voluntary Intoxication

A

a defense to a crime if it negates the existence of an element of the crime (normally specific intent)

79
Q

Infancy

A

Children under the age of seven are to be without criminal capacity

80
Q

Duress

A

A person’s unlawful threat which causes D reasonable to believe that the only way to avoid imminent death or serious bodily injury to himself or another is to engage in conduct.

81
Q

Impossibility

A

As a general rule, impossibility is a defense to attempt liability, but only if the impossibility is considered legal impossibility and not factual impossibility.

82
Q

Necessity

A

if the harm which will result from compliance with the law is greater than that which will result from violation of it, he is by virtue of necessity justified in violating it. Does not apply to homicide

83
Q

Public Duty

A

A public officer is justified in using reasonable force against the person of another, or in taking his property, which he acts pursuant to a valid law

84
Q

Defense of Property

A

One is justified in using reasonable force to protect his property from trespass or theft when he reasonable believes that his property is in immediate danger. Can never use deadly force

85
Q

Entrapment - Traditional View

A

Was D predisposed to commit the crime before police took any action?

86
Q

Objective Test

A

Reasonable

87
Q

Subjective Test

A

Good Faith

88
Q

Greater Evil Doctrine

A

D must be forced to commit a crime to avoid a greater evil.

Does not work for homicide, but will reduce it to voluntary manslaughter.

89
Q

Larceny of own property

A

If someone else has legal possession, then the owner taking it back is larceny. If owner gives for a specific length of time, which runs out, then owner can recover with no criminal liability.

90
Q

Malice Intent

A

General

91
Q

Continuing Trespass (lie about use, without intent to steal)

A

Wrongful taking when lie about intent, but intent was not to steal

Becomes Larceny when intent to steal is formed.

92
Q

General burden on prosecution

A

Must prove all elements beyond a reasonable doubt. If D asserts a defense that negates an element beyond a reasonable doubt, then prosecution fails.

93
Q

General Burden on Affirmative Defenses

A

Plaintiff must show by a preponderance of the evidence that the defense is valid.

94
Q

Affermative Defense List

A
  1. Justification (Necessity, Defenses, Crime Prevention)

2. Excuse (Insanity, Automatism, Involuntary Intoxication, Infancy, Duress, Entrapment, Impossibility)

95
Q

Merger List

A
  1. Attempt -> Completed Crime
  2. Solicitation -> Conspiracy
  3. Larceny -> Robbery
96
Q

Embezzlement - Exceptions

A
  1. Transaction completed in the property owner’s presence, then larceny
  2. When property is put into a receptacle, becomes employer’s property. If employee then takes, larceny
97
Q

Embezzlement - Employee Accepting Property for Employeer

A

If employee (or a hired agency) receives and converts property on behalf of the employer, then embezzlement. Remember exceptions!

98
Q

Accessory Liability Rules (2)

A
  1. Accessory before the fact is vicariously liable. After the fact is not
  2. If principle of first degree is found not guilty, then others can’t be vicariously liable for the crime
99
Q

How to Determine Intent

A
  1. If the problem tells you the intent

2. Any of the other intent doctrines (deadly weapon, etc)

100
Q

When is the conspiracy actually formed?

A

When D makes the overt act to further the conspiracy.

101
Q

Two types of Larceny crimes

A
  1. Trespassory Taking

2. Delivery

102
Q

Impossibility (Attempt to receive stolen property).

A

Courts say factual impossibility, so can be guilty even if there is no property

103
Q

Wharton’s Rule Definition

A

There can be no conspiracy unless the agreement involves at least one person who is not essential to the commission of the crime

104
Q

Wharton’s Rule Crime List (6)

A
  1. Bigamy
  2. Incest
  3. Gambling
  4. Bribery
  5. Adultery
  6. Dueling

1L (3 decks)

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