Criminal Law Flashcards
Malice (Intent level)
a reckless disregard of high risk that a harmful result will occur.
General Intent (Intent level)
awareness of all factors constituting the crime exist (attendant circumstances are present)
Specific Intent (Intent level)
doing an act with the intent or objective to complete that act.
SCALEBARFF (solicitation, conspiracy, attempt, larceny, embezzlement, burglary, assault, robbery, false pretenses, forgery)
Accomplice Liability
aiding, abetting, or counseling crime w/ intent to encourage. Mere presence is not enough.
Defenses: Withdrawal - must take action to undo support (notify authorities, retrieve material, etc.)
Solicitation
asking another to commit a crime (merges with completed crime).
SPECIFIC INTENT
Conspiracy
1) Agreement between 2 or more people 2) an overt act in furtherance of crime.
Defenses: Withdrawal - notification + affirmative act to stop; Wharton Rule - need more people to conspire for crimes that need multiple people.
SPECIFIC INTENT
Attempt
intend to commit a crime, with a substantial step towards completion (merges with completed crime).
SPECIFIC INTENT
Defenses: Legal Impossibility (not actually a crime)
Insanity
Defense to ALL Crimes
- M’Naghten Rule - D not capable of knowing the nature and quality of his actions.
- Irresistible Impulse - D was unable to control his actions or conform to the law.
- Durham - D’s crime was the product of his mental illness.
- MPC - D lacked capacity to appreciate the criminality of his acts or conform to the law.
Infancy
Under Common Law, a Defense for D under 14 years of age.
Involuntary Intoxication
Defense to ALL Crimes
Intoxication is treated as a mental illness if taken:
- without knowledge,
- under duress, or
- pursuant to medical advice
Voluntary Intoxication
Defense to SPECIFIC INTENT Crimes ONLY
Can be a valid defense to 1st degree Murder (not premeditated) but not below. Negates purpose or knowledge.
Self-Defense
A person without fault may use such force reasonably believed to be necessary to protect self or another.
Can escalate to use of DEADLY FORCE if threatened with imminent death or great bodily harm.
Defense of Property
ONLY ALLOWED if of a dwelling (owner is inside) and can only use reasonable force (not deadly). Should first use a request to desist.
Duress Defense
Defense to a crime other than homicide. Valid if a reasonable belief that another would imminently inflict death or great bodily harm (MPC has allowed some defense of property).
Mistake (not same as impossibility)
Of Fact - shows a lack of requisite state of mind. (must be reasonable for general intent crimes).
Of Law - not a defense.
Assault
the intentional creation of a reasonable apprehension of imminent bodily harm.
Can also be attempt to commit a battery.
SPECIFIC INTENT
Battery
the unlawful application of force resulting in bodily injury or an offensive touching.
GENERAL INTENT
False Imprisonment
the unlawful confinement of a person without valid consent. Must interfere substantially with victim’s liberties.
Kidnapping
the unlawful confinement of a person the involves movement or concealment of the victim (think taking and hiding).
Rape
carnal knowledge (“sexual assault”) of a person without their consent.
STRICT LIABILITY (so mistake not a defense)
Larceny
A taking and carrying away of the tangible personal property of another by trespass with intent to permanently deprive.
SPECIFIC INTENT
Embezzlement
the fraudulent conversion of personal property of another by a PERSON IN LAWFUL POSSESSION OF THE PROPERTY (think borrowing the property and then selling it without permission).
SPECIFIC INTENT
False Pretenses
obtaining TITLE to the personal property of another BY AN INTENTIONAL FALSE STATEMENT with the intent to defraud.
SPECIFIC INTENT
–> Larceny by Trick - if victim gives CUSTODY instead of title.
Robbery
A taking of the personal property of another from the other’s person by force or threat of immediate death or bodily injury, with intent to permanently deprive.
SPECIFIC INTENT
–>Victim must give property over BECAUSE of the threat
Burglary
A breaking and entry of a dwelling of another at nighttime; with the intent to commit a felony within.
SPECIFIC INTENT - intent must be present at time of entry!
Arson
the malicious burning of a dwelling of another.
-charring is sufficient
MALICE CRIME
Murder
the unlawful killing of another human being with malice aforethought.
1st degree requires: “Deliberation and Premeditation”
MALICE CRIME - must have:
1) intent to kill,
2) intent to inflict great bodily injury,
3) reckless indifference to an unjustafiably high risk to human life (“abandoned and malignant heart”)(Second Degree),
or
4) intent to commit a felony (Felony Murder)
Felony Murder is BARRK (Burglary, Arson, Rape, Robbery, or Kidnapping). Must be a foreseeable result of felony.
Voluntary Manslaughter
a killing that would be murder BUT FOR the existence of ADEQUATE PROVOCATION. Adequate provocation requires:
- sudden and intense passion (ordinary person standard)
- was in fact provoked,
- not sufficient time to cool off, and
- in fact did not cool off.
Involuntary Manslaughter
a killing committed with criminal negligence, recklessness, or during the commission of an unlawful act.
-A Non-Felony Murder
