Criminal Law Flashcards
A state acquires jurisdiction over a crime if either ____ or ___ happened in that state
conduct OR result
Merger:
__ and ___ do merge into the substantive offense.
__ does NOT merge into substantive offense
solicitation AND attempt
Conspiracy
An act can be any bodily movement that is voluntary. What are examples that DO NOT qualify
Conduct which is not a product of own volition;
a reflexive or convulsive;
unconscious or asleep
omission of an act - 5 circumstances that gives rise to legal duty to act
by statute; by contract; by relationship; you voluntarily assume a duty of care and fail to adequately perform it; your conduct created the peril
4 common law mental states of a crime
specific intent crimes;
malice crimes;
general intent crimes;
strict liability crimes
specific intent crimes- list them
“Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts”
Solicitation (inchoate) Conspiracy (inchoate) Attempt (inchoate) First degree murder Assault Larceny Embezzlement False pretenses Robbery Burglary Forgery
What 2 additional defenses do specific intent crimes qualify for?
voluntary intoxication and unreasonable mistake of fact
Malice crimes- what 2 crimes
murder and arseny
general intent - 2 most commonly tested
rape and battery
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
willfully, knowingly, intentionally
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.
purposefully- conscious objective
knowingly: aware
recklessly: consciously disregards, substantial and unjustifiable
negligently: substantial and unjustifiable
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 __
aids, advises, encourages
intent
the crime itself and all other foreseeable crimes
Accomplice to withdraw
if encouraged then must __
if aided then must __
alternate means of withdrawing is __
repudiate
neutralize the assistance
contact the police
Inchoate offenses means incomplete: 3 types
solicitation, attempt, conspiracy
solicitation rule
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
Conspiracy rule
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
co-conspirators liability
liable for all crimes in FURTHERANCE of the conspiracy and that are FORSEEABLE
Bilateral v unilateral approach in conspiracy
bilateral- traditional common law requires two guilty parties
unilateral- modern (MPC) requires only that one person have a genuine criminal intent
Overt act requirement
majority v minority rule
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
withdrawal of conspiracy
can NEVER relieve D for liability for conspiracy but can withdraw from subsequent crimes
Attempt rule
specific intent plus over act (substantial in furtherance of the commission of the crime)
Attempt defenses
Abandonment
legal impossibility
factual impossibility
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
Insanity defense 4 trigger phrases
M’Naughten rule;
Irresistible impulse
Durham Rule
MPC
Insanity:
M’Naughten Rule
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
Insanity:
Irresistible impulse
D lacked the capacity for self control and free choice
insanity:
Durham rule
D’s conduct was a product of a mental illness
insanity:
MPC
D lacked the ability to conform his conduct to the requirements of law
voluntary intoxication is a defense on the bar exam only to __
specific intent crimes
Involuntary intoxication (unknowingly intoxicated or becoming intoxicated under duress). This is a form or __ and is a defense to __
insanity and a defense to ALL crimes
Infancy
under 7 then __
under age 14 then __
no criminal liability
rebuttal presumption of no criminal liability
self defense:
Non deadly force-
a victim may use non-deadly self-defense any time the victim REASONABLY BELIEVES that force is about to be used on him
self defense:
Deadly force- Majority v minority
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)
original aggressor and self defense
to get back the defense of self defense, the original aggressor must WITHDRAW and COMMUNICATE THAT WITHDRAWAL
defense of others and self defense
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
Defense of dwelling rule
Deadly force may NEVER be used solely to defend your property
Duress rule
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
Necessity defense
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
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 ___
negates intention
reasonable
specific intent crimes
strict liability crimes
entrapment is a valid defense only if:
the criminal design originated with law enforcement officers and the D must not have been predisposed to commit the crime
Battery rule (general intent crime)
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
Assault rule
an attempt to commit a battery or intentional creation- other than by mere words- of a reasonable apprehension of imminent bodily harm
aggravated assault
assault plus: the use of a deadly or dangerous weapon OR with the intent to rape, make or murder
Homicide:
Murder
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
Homicide;
cause in fact
proximate cause
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
first degree murder- premeditated
victim must be human & dead;
D must have acted with intent or knowledge
felony murder
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
Homicide of officer
the d must know the victim is an officer and he must be acting in the line of duty
2nd degree murder (depraved heart killing)
killing with reckless indifference to an unjustifiably high risk to human life
manslaughter
voluntary
involuntary
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)
imperfect self defense
D has a honest but unreasonable belief that his life was in imminent danger
false imprisonment rule
unlawful confinement of a person w/o his valid consent; known alternate route is available or consent then no false imprisonment
kidnapping rule
confinement of a person w/ either some movement or concealment in a secret place
rape
slightest penetration completes the crime of rape
statutory rape is strict liability
consent of victim and mistake of fact are NOT defenses
Larceny rule
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
embezzlement
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
false pretenses
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
robbery
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
extortion
knowingly seeking to obtain property or services by means of a future threat
don’t have to take anything to be extortion
forgery
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
burglary
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
arson
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
