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Criminal Law > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

What state has jurisdiction over crim case?

A

The state that conduct or results happened in that state

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2
Q

Merger

A

Generally, no merger.

Exception: Solicitation and attempt merge into substantive offense.

CONSPIRACY does not merge.

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3
Q

Actus reus

A

DOES NOT QUALIFY:

  • Not the product of own volition
  • Reflexive or convulsive act
  • Act done while unconscious or asleep.
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4
Q

Legal duty to rescue

A

Generally no legal duty

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5
Q

Legal Duty to Act

A

Only a few situations:

Statute: File your taxes
Contract: On duty, lifeguard or nurse has legal duty to act.
Relationship: Parent duty to protect children.
Duty of care: If you assume duty and then fail to adequately perform it.
Conduct created peril

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6
Q

Types of Mental States

A

Specific intent crime, malice crimes, general intent crimes, and strict liability crimes.

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7
Q

Specific Intent

A

Important b/c they qualify for additional defenses (voluntary intoxication, unreasonable mistake of fact)

Solicitation
Conspiracy
Assault
First Degree Murder
Assault
Larceny
Embezzlement
False Pretenses
Robbery
Burglary
Forgery

Students can always fake a laugh even for ridiculous bar facts.

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8
Q

Malice Crimes

A

Only 2 types on bar exam: murder and arson

This is reckless disregard or indifference

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9
Q

General Intent

A

Catch-all category. All crimes other than those listed under malice or spec. intent unless they qualify for strict liability.

Most common rape and battery.

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10
Q

Transferred intent

A

Transferred intent allows person to be charged with two crimes.

Want to shoot A, but shoot B. Attempted for A, murder for B.

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11
Q

Strict Liability Crimes

A

No intent crimes– so any defense that negates intent cannot be used.

Note: If the crime is in the admin, regulatory, or morality area and you don’t see any adverbs such as willingly, knowingly, or intentionally, then the statute is meant to be a no intent crime of strict liability.

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12
Q

Mental States and MPC

A

Do not use unless told MPC applies

Purposefully: COnscious objective
Knowingly: Aware that conduct will very likely cause the result.
Recklessly: consciously disregard a substantial and unjustifiable risk.
Negligently: Fails to be aware of a substantial and unjustifiable risk.

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13
Q

Accomplice liability

A

One who AIDS, ADVISES, or ENCOURAGES the principal in the commission of the crime charged.

Accomplices must have requisite intent that the crime be committed.

Accomplices are liable for crime itself and all other FORESEEABLE CRIMES.

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14
Q

Accomplice Withdrawal

A

Encouraged? Must repudiate

Aided? Must do everything to neutralize the assistance

Can withdraw by contacting police.

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15
Q

Inchoate Offenses

A

INCOMPLETE crime

Three types: Solicitation, conspiracy, and attempt

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16
Q

Solicitation

A

Crimes ends when completed asking them

CL: Does not require person agree

If person agrees? Becomes conspiracy (merges into conspiracy)

NOTE: Factual Impossibility not a defense

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17
Q

Conspiracy

A

Agreement, intent to agree, and an intent to pursue an unlawful objective.

Does not merge (can be convicted of conspiracy and other crime)

Liability: Liable for all FORESEEABLE crimes done in FURTHERANCE of conspiracy

Intent can be inferred from conduct. Need not be expressed.

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18
Q

Conspiracy and Bilateral Approach

A

Need two

If one feigns agreement, other cannot be gulity of conspiracy.

Acquittal of one person whom D alleged to have conspired precludes conviction of remaining Ds.

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19
Q

Unilateral Approach

A

Requires only one person to have genuine criminal intent.

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20
Q

Conspiracy/Overt Act

A

Majority rule: requires an overt act in FURTHERANCE of conspiracy. Any little act will do, even mere preparation.

Minority: Agreement alone grounds liability.

MBE: Always apply majority unless told to do minority.

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21
Q

Conspiracy and Factual Impossibility

A

No DEFENSE to conspiracy.

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22
Q

Withdrawal and conspiracy

A

Withdrawal will NEVER relieve D from liability for the conspiracy itself. Cannot only withdraw from subsequent crimes.

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23
Q

Attempt

A

Rule: Specific intent PLUS overt act in FURTHERANCE of crime.

Overt act must be a SUBSTANTIAL STEP. Mere prep NOT enough.

Once substantial step taken, ABANDONMENT is NEVER a defense. MPC allows abandonment but only when FULLY VOLUNTARY and a complete RENUNCIATION of PURPOSE.

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24
Q

McNaughtan Rule

A

D lacked ability to know the wrongfulness of his actions or understand the nature and quality of his actions.

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25
Q

Irresistible Impulse

A

D lacked capacity for self-control and free choice.

26
Q

Durham Rule

A

Product of mental illness (durrrr)

27
Q

MPC Insansity

A

D lacked ability to conform his conduct to the requirements of the law.

28
Q

Voluntary Intoxication

A

Only works with SPECIFIC INTENT

On bar, addicts and alcoholics always voluntarily intoxicated.

29
Q

Involuntary Intox.

A

Under duress or without knowledge

Defense to all crimes.

30
Q

Self Defense Non-Deadly

A

Non-deadly okay only when reasonably believes that force is about to be used on him.

31
Q

Self-Def. Deadly Force

A

Maj.: Reasonbly believes deadly force is about to be used on him.

Min.: Required to retreat only when safe ot do so.

Exceptions to Min. Rule: 1) no duty to retreat from home; 2) no duty to retreat if you are the victim of a rape or robbery; 3) police officers have no duty

32
Q

Original Aggressor and Self-Defense

A

To get back self-defense– must withdrawal and communicate that withdrawal.

If victim of original aggression suddenly escalates a minor fight into deadly force w/o giving original aggressor opportunity to withdraw, original aggressor may use force for his own self-defense including deadly if reasonable.

33
Q

Def. of Others

A

Can defend if D beleives other would have had the right to use force in his own defense.

Maj: No need for special relationship between the two.

34
Q

Def. of Dwelling

A

Never use deadly to defend property.

35
Q

Duress

A

Imminent infliction of death or great bodily harm and that belief is reasonable.

Threats to 3rd person suffices.

Defense to all crimes except HOMICIDE.

36
Q

Necessity

A

Conduct that would otherwise be criminal is justifiable if, as a result of presure from natural forces D reasonably believes that his conduct was necessary to avoid a greater societal harm.

37
Q

Mistake of Fact

A

Only a D when negates intention.

Must be reasonable to be a D for a malice or gen. intent crime.

On Bar– NO MATTER HOW RIDICULOUS a fact, it is a defe. for specific intent crime.

Never def. for Strict liability

38
Q

Consent

A

Generally no def.

39
Q

Entrapment

A

Only valid if 1) criminal design originated with law enforcement officials and 2) D must not have been predisposed to commit crime

Undercover officer? discuss entrapment

40
Q

Battery

A

Unlawful application of force to the person resulting in either bodily injury or offensive touching.

Doesn’t have to be intentional

Force need not be applied directly

General intent crime

41
Q

Assault

A

Attempted battery

Must be more than mere words– reasonable apprehension of eminent bodily harm.

42
Q

Aggravated Assault

A

Use of a deadly or dangerous weapon

Intent to rape, mame, or murder

43
Q

Homicide– Generally

A

malice aforethought= Intent to kill; inflict great bodily harm; intent to commit a felony; reckless indifference to an unjustifiably high risk to human life.

must have but for causation

Prox. Cause: natural and probable consequence of his conduct, even if did not anticipate the exact manner in which they would occur.

44
Q

First Degree Murder

A

Premeditated: Human victim; D acted with intent or knowledge death would cause death.

Felony murder: Killing, even accidental, committed during commission of a felony.

  • -Def. to Felony Murder: D has def. to underlying felony, then he has def. to felony murder.
  • -Felony must be one other than killing
  • -death must be forseeable– deaths while fleeing unless D reaches temporary safety
  • -On MBE, D not liable for death of co-felon as a result of resistance by the victim or the police.

Homicide of Officer

  • -must know victim is law enforcement officer
  • -victim must be acting in line of duty
45
Q

Second Degree Murder

A

Depraved Heart– killing done w/ reckless indifference to an unjustifiably high risk to human life;
Murders not classified as 1st degree

46
Q

VoluntaryManslaughter

A

heat of passion from adequate provacation
Must arouse sudden and intense passion in the mind of ordinary person
Must not be time to cool off for it to be reasonable
D did not cool off between provocation and killing

47
Q

Imperfect Self-Defense

A

manslaughter if D had honest but unreasonable belief that his life was in imminent danger (reduces murder to manslaughter)

Only some state recognize

48
Q

Involuntary Manslaughter

A

Criminal negligence killing

Misdemeanor Manslaughter– killing someone while committing misdemeanor or unenumerated felony

49
Q

Felony Imprisonment

A

Unlawful confinement w/o valid consent

  • -Alternate route negates confinement
  • -Consent negates confinement
50
Q

Kidnapping

A

Confinement with either movement or concealment in a secret palce

51
Q

Rape

A

Slightest penetration

52
Q

Stat. Rape

A

Strict liability crime

Consent of victim no defense and mistake of fact no defense

53
Q

Larceny

A

wrongful taking, carrying away by trespass w/ permanent intent to deprive

  • Only need slightest movement
  • Intent to deprive must exist at time of taking
  • Take w/o intent and later decides to keep– continuing trespass
  • -Taking Property in the belief it is yours is NOT common law larceny
54
Q

Embezzlement

A

Fraudulent Conversion of property of another.

Embezzler always has lawful possession.
Trustee on MBE is often embezzler
No carrying away required
Embezzler doesn’t have to get benefit.

55
Q

False Pretenses

A

D persuades owner of property to convey title to false pretense.

Conveyance of title is center of this
False representation can be present OR past fact.
False promise to do something in the future cannot ground liability for false pretenses.

Larceny by trick– only possession of property is obtained. Title obtained? then false pretenses.

56
Q

Robbery

A

Takign of personal property in other person’s presence by force or threat w/ intent to permanently deprive.

MBE NOtes

  • Presence is very broadly drawn
  • Threat or force can be as simple as ripping necklace off person.
  • Threat must be of imminent harm.
57
Q

Extortion

A

KNowingly seeking to obtain property or services by means of a future threat.

Threats are of future harm. Not imminent

58
Q

Forgery

A

Making or altering of a false writing w/ intent to defraud.

Any writing with apparent legal authority is subject to crime of forgery.

59
Q

Burglary

A

Breaking and Entering of a dwelling of another at night with intent to commit felony therein.

Actual breaking
–Someone coming in through wide open door or window NOT actual breaking.
Constructive
–a breaking by fraud or threat.

Entering=any part of body crosses into house
Dwelling of another= cannot be barn or commercial buidling
At night– CL had to be at night

Intent to commit felony must be present at the time of breaking and entering.

60
Q

Arson

A

Malicious burning of the dwelling of another.

Malice requirement, no specific intent is required. Acting w/ reckless indifference of an obvious risk that the the structure burns will suffice.

Notes on MBE
–Charring sufficient, scorching insufficient.
–Applies only to burning, not smoke damage.
CL: Cannot be barn or building, must be dwelling.
MBE often assumes w/o saying that arson law applies to structures other than dwelling.
CL: Had to be a house. and cannot be guilty of burning down one’s own house.

Criminal Law (2 decks)

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