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Bar Prep > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

A state acquires jurisdiction over a crime if either ____ or ___ happened in that state

A

conduct OR result

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2
Q

Merger:
__ and ___ do merge into the substantive offense.

__ does NOT merge into substantive offense

A

solicitation AND attempt

Conspiracy

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3
Q

An act can be any bodily movement that is voluntary. What are examples that DO NOT qualify

A

Conduct which is not a product of own volition;
a reflexive or convulsive;
unconscious or asleep

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4
Q

omission of an act - 5 circumstances that gives rise to legal duty to act

A 
by statute;
by contract;
by relationship;
you voluntarily assume a duty of care and fail to adequately perform it;
your conduct created the peril
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5
Q

4 common law mental states of a crime

A

specific intent crimes;
malice crimes;
general intent crimes;
strict liability crimes

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6
Q

specific intent crimes- list them

“Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts”

A 
Solicitation (inchoate)
Conspiracy (inchoate)
Attempt (inchoate)
First degree murder
Assault
Larceny
Embezzlement
False pretenses
Robbery
Burglary
Forgery
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7
Q

What 2 additional defenses do specific intent crimes qualify for?

A

voluntary intoxication and unreasonable mistake of fact

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8
Q

Malice crimes- what 2 crimes

A

murder and arseny

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9
Q

general intent - 2 most commonly tested

A

rape and battery

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10
Q

Strict liability- “no intent crimes”- any defense that negates intention cannot be a defense to the no intent crimes of strict liability

if the crime is in the administrative, regulatory, or morality area and you don’t see any adverbs in the statute ___, ___ or __ then no intent crime of strict liability

A

willfully, knowingly, intentionally

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11
Q

mental states and the model penal codes

purposefully: one acts purposefully when it is his __ to engage in a certain conduct or cause a certain result
knowingly: one acts knowingly when he is __ that his conduct will very likely cause the result
recklessly: one acts recklessly when he __a __and __risk
negligently: one acts negligently when he fails to be aware of a __and __ risk.

A

purposefully- conscious objective

knowingly: aware
recklessly: consciously disregards, substantial and unjustifiable
negligently: substantial and unjustifiable

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12
Q

Accomplice is one who __, __ or __ the principal in the commission of the crime charged.

Must have the requisite __ that the crime be committed

Accomplices are liable for __ and all other __

A

aids, advises, encourages

intent

the crime itself and all other foreseeable crimes

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13
Q

Accomplice to withdraw

if encouraged then must __

if aided then must __

alternate means of withdrawing is __

A

repudiate

neutralize the assistance

contact the police

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14
Q

Inchoate offenses means incomplete: 3 types

A

solicitation, attempt, conspiracy

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15
Q

solicitation rule

A

solicitation is asking someone to commit a crime. The crime of solicitation ends when you ask them.
Under common law, it is NOT necessary that the person solicited agrees to commit the crime
Factual impossibility is NOT a defense

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16
Q

Conspiracy rule

A

conspiracy is an agreement with an intent to agree and an intent to pursue a unlawful objective

Agreement need not be express the intent can be inferred from conduct

Factual impossibility is NOT a defense

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17
Q

co-conspirators liability

A

liable for all crimes in FURTHERANCE of the conspiracy and that are FORSEEABLE

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18
Q

Bilateral v unilateral approach in conspiracy

A

bilateral- traditional common law requires two guilty parties

unilateral- modern (MPC) requires only that one person have a genuine criminal intent

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19
Q

Overt act requirement

majority v minority rule

A

majority- must be an agreement plus some overt act (any little act/ mere preparation)

minority- common law rule grounded liability for conspiracy with the agreement itself

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20
Q

withdrawal of conspiracy

A

can NEVER relieve D for liability for conspiracy but can withdraw from subsequent crimes

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21
Q

Attempt rule

A

specific intent plus over act (substantial in furtherance of the commission of the crime)

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22
Q

Attempt defenses

Abandonment

legal impossibility

factual impossibility

A

majority rule- once D has taken substantial steps toward committing the crime abandonment is NEVER a defense
MPC- must be fully voluntary and a complete renunciation of criminal purpose

legal impossibility- is a defense

factual impossibility NEVER a defense

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23
Q

Insanity defense 4 trigger phrases

A

M’Naughten rule;
Irresistible impulse
Durham Rule
MPC

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24
Q

Insanity:

M’Naughten Rule

A

at the time of his conduct D lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions

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25
Q

Insanity:

Irresistible impulse

A

D lacked the capacity for self control and free choice

26
Q

insanity:

Durham rule

A

D’s conduct was a product of a mental illness

27
Q

insanity:

MPC

A

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

28
Q

voluntary intoxication is a defense on the bar exam only to __

A

specific intent crimes

29
Q

Involuntary intoxication (unknowingly intoxicated or becoming intoxicated under duress). This is a form or __ and is a defense to __

A

insanity and a defense to ALL crimes

30
Q

Infancy
under 7 then __
under age 14 then __

A

no criminal liability

rebuttal presumption of no criminal liability

31
Q

self defense:

Non deadly force-

A

a victim may use non-deadly self-defense any time the victim REASONABLY BELIEVES that force is about to be used on him

32
Q

self defense:

Deadly force- Majority v minority

A

Majority- may use deadly force in self defense anytime victim reasonably believes that DEADLY FORCES IS ABOUT TO BE USED ON HIM

Minority- required to retreat if possible (no duty to retreat from home, rape or robbery, or if an officer)

33
Q

original aggressor and self defense

A

to get back the defense of self defense, the original aggressor must WITHDRAW and COMMUNICATE THAT WITHDRAWAL

34
Q

defense of others and self defense

A

D can raise a defense of others defense if he reasonably believes that the person assisted would have had the right to use force in his own defense; Need NOT be a special relationship

35
Q

Defense of dwelling rule

A

Deadly force may NEVER be used solely to defend your property

36
Q

Duress rule

A

Duress is a defense to a criminal act if:
the person acts under the threat of imminent infliction of death or great bodily harm and the belief is reasonable;

Threats to third person may also suffice

Duress is a defense to all crimes EXCEPT HOMICIDE

37
Q

Necessity defense

A

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

38
Q

Mistake of fact is a defense only when the mistake ___

the mistake has to be ___to be a defense to a malice or general intent crime

but on exam any mistake no matter how ridiculous is a defense for ___

it is NEVER a defense to ___

A

negates intention

reasonable

specific intent crimes

strict liability crimes

39
Q

entrapment is a valid defense only if:

A

the criminal design originated with law enforcement officers and the D must not have been predisposed to commit the crime

40
Q

Battery rule (general intent crime)

A

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

Need not be intentional

forced need not be applied directly

voluntary intoxication and unreasonable mistake NOT a defense

41
Q

Assault rule

A

an attempt to commit a battery or intentional creation- other than by mere words- of a reasonable apprehension of imminent bodily harm

42
Q

aggravated assault

A

assault plus: the use of a deadly or dangerous weapon OR with the intent to rape, make or murder

43
Q

Homicide:

Murder

A

murder is the unlawful killing of another human being with malice forethought. Intent to kill; or intent to inflict great bodily harm; or intent to commit a felony; or reckless indifference to an unjustifiably high risk to human life

44
Q

Homicide;
cause in fact

proximate cause

A

death would not have occurred but for D’s conduct

D is responsible for all results that occurs a natural & probable consequence of his conduct

45
Q

first degree murder- premeditated

A

victim must be human & dead;

D must have acted with intent or knowledge

46
Q

felony murder

A

any killing even accidental committed in course of a felony;

defense to underlying felony is defense to felony murder

deaths must be foreseeable includes fleeing

doesn’t include the death of co-felon

once D reaches point of temporary safety deaths thereafter are NOT felony murders

47
Q

Homicide of officer

A

the d must know the victim is an officer and he must be acting in the line of duty

48
Q

2nd degree murder (depraved heart killing)

A

killing with reckless indifference to an unjustifiably high risk to human life

49
Q

manslaughter

voluntary

involuntary

A

voluntary- killing in the heat of passion resulting from an adequate provocation by the victim; provocation must be one that would arouse sudden and intense passion in the mind of an ordinary person; must not be sufficient time to cool off

involuntary- killing of criminal negligence or misdemeanor manslaughter (unenumerated felony)

50
Q

imperfect self defense

A

D has a honest but unreasonable belief that his life was in imminent danger

51
Q

false imprisonment rule

A

unlawful confinement of a person w/o his valid consent; known alternate route is available or consent then no false imprisonment

52
Q

kidnapping rule

A

confinement of a person w/ either some movement or concealment in a secret place

53
Q

rape

A

slightest penetration completes the crime of rape

54
Q

statutory rape is strict liability

A

consent of victim and mistake of fact are NOT defenses

55
Q

Larceny rule

A

common law larceny requires wrongful taking a carrying away (asportation) of property of another by trespass w/ intent to permanently deprive

slightest movement of property is sufficient

intent to deprive permanently must exist at time of the taking.. later decides to keep it then larceny under theory of continuing trespass

taking property in the belief that it is yours is NOT common law larceny

56
Q

embezzlement

A

the fraudulent conversion of property of another

embezzler always has lawful possession followed by illegal conversion; typically a trustee; don’t have to carry away or get the benefit to embezzle

57
Q

false pretenses

A

D persuades the owner of property to convey title by fall pretense (false rep)

conveyance of title -center of false pretense

can be as to a present or past fact

false promise to do something in future not false pretense

58
Q

robbery

A

the taking of personal property of another from the other person’s presence by force or threat with the intent to permanently deprive him of it

threat must be of imminent harm

59
Q

extortion

A

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

don’t have to take anything to be extortion

60
Q

forgery

A

the making or altering of a false writing with intent to defraud; any writing that has apparent legal significance is subject to crime of forgery

61
Q

burglary

A

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

breaking can be actual (some force) or constructive (breaking by fraud or threat)

entering occurs when any part of the body crosses into the house

CANNOT be a barn or commercial structure

with the intent to commit a felony therein at the time of the breaking or entering

62
Q

arson

A

the malicious burning of the dwelling of another

No specific intent required can be reckless indifference

Scorching is NOT sufficient CHARRING IS SUFFICIENT

Cannot be a barn or building

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