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Criminal Law Flashcards

1
Q

Criminal Law

Crim Law MBE tips

A
  1. Focus on murder/manslaughter and then on crimes against property. 2. Know the elements cold! Most questions revolve around the elements of the cause of action. 3. Remember that the best defense is that the prosecution cannot sustain its burden; don’t go with an affirmative defense unless it’s the only option.
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2
Q

Criminal Law

federal jdx over crim defendants

A

The United States has the power to criminalize and to prosecute crimes that occur: 1 anywhere on a US territory 2 On ships and planes; and 3 By United States nationals abroad.

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3
Q

Criminal Law

state idx over crime defendants

A

There must be a connection to the state: 1) Whole crime or part of the crime occurred inside the state 2) Conduct outside the state that involved an attempt to commit a crime inside the state 3) A conspiracy to commit a crime and an overt act occurred within the state

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4
Q

Criminal Law

3 things to consider for actus reus

A
  1. there must be some physical act (can be speech) 2. act must be voluntary 3. Act can be an omission - statutory duty, special relationship, assumption of duty, placing in peril and being aware of the danger
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5
Q

Criminal Law

Four types of mens rea

A

specific intent, malice, general intent, strict liability

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6
Q

Criminal Law

specific intent def

A

D not only committed the acts refs, but did it for the purpose of causing a specific result

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7
Q

Criminal Law

specific intent crimes

A

FIAT 1) first-degree murder 2) inchoate crimes: CAtS- Conspiracy, Attempt, Solicitation 3) Assault with attempt to commit a battery 4) Theft offenses: larceny, embezzlement, forgery, burglary, robbery

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8
Q

Criminal Law

criminal Malice def

A

D acted in a reckless disregard of a high risk of harm occurring

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9
Q

Criminal Law

MAlice crimes

A

Murder and Arson

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10
Q

Criminal Law

criminal General intent def

A

Catch all category, D must intend to commit an act that is in fact unlawful. Under MPC- knowingly, recklessly, negligently.

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11
Q

Criminal Law

mens rea for SL crimes

A

D need not have a particular state of mind; he must only have committed the act.

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12
Q

Criminal Law

mens rea in a statute

A

“intent to”- specific intent crime “knowingly or recklessly”- general intent crime “no mens rea language= consider SL

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13
Q

Criminal Law

transferred (criminal) intent

A

When a defendant has the requisite mens rea for committing a crime directed against Victim A, but actually commits the crime against Victim B, we’ll transfer the specific intent the defendant had for Victim A over to Victim B.

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14
Q

Criminal Law

Vicarous (criminal) liability def

A

Holds a person liable for an actus reus committed by someone else

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15
Q

Criminal Law

Vicarious (criminal) liability of corporation

A

A corporation can be liable for the actions of its high-level employees or the Board of Directors. The Model Penal Code requires a specific duty imposed by law on the corporation, or that high-level officials have authorized or tolerated the act. Both the individual who has the actus reus and mens rea and the corporation for which he works can be held liable.

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16
Q

Criminal Law

Two categories of merger for crimes

A

1) lesser-included offenses 2) inchoate and a completed offense

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17
Q

Criminal Law

Lesser-included offense def

A

an offense in which each of its elements appears in another offense, but the other offense has something additional

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18
Q

Criminal Law

Greater-included offense def

A

an offense which includes all elements of the lesser-included offense but requires something additional

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19
Q

Criminal Law

Merger of attempt

A

The inchoate offense of attempt merges into the complete offense if the defendant actually commits the crime. Success is a “defense” to an attempt charge.

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20
Q

Criminal Law

does conspiracy merge with the substantive offense?

A

No

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21
Q

Criminal Law

can children be criminally liable at cl?

A
  1. At common law, children under the age of 7 were never capable of committing a crime; 2. children ages 7-14 were rebuttably presumed to be incapable of committing crimes; and 3. children at least 14 years old could be charged as adults.
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22
Q

Criminal Law

Principals def

A

Defendants whose acts or omissions form the actus reus of the crime

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23
Q

Criminal Law

what is accomplice liability

A

Theory for holding people who are NOT the principal responsible for the crime actually committed by the principal

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24
Q

Criminal Law

who can be charged as an accomplice?

A

Under the majority and MPC rule, a person is an accomplice in the commission of an offense if he acts with the purpose of promoting or facilitating the commission of the offense. Thus, the accomplice must intend that her acts will assist or encourage the criminal aim.

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25
Q

Criminal Law

For which crimes can an accomplice be held liable?

A

Liable for both the planned crime and any other crimes that occur in the course of the criminal act, as long as they are foreseeable

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26
Q

Criminal Law

can an accomplice be liable if principal can’t be convicted?

A

yes ex: child under 7, diplomat with immunity, person protected by a statute

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27
Q

Criminal Law

accessories after the fact def

A

An accessory after the fact is a person who aids or assists a felon in avoiding apprehension or conviction after commission of the felony. An accessory after the fact must: 1) know that a felony was committed, 2) act specifically to aid or assist the felon, and 3) give the aid or assistance for the purpose of helping the felon avoid apprehension or conviction. -not reporting IS NOT -giving false info to police to prevent apprehension IS

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28
Q

Criminal Law

which crimes can accessories after the fact be guilty of?

A

Guilty of a separate offense; e.g., harboring a fugitive or obstruction of justice

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29
Q

Criminal Law

can accomplices and accessories after the fact also be guilty of conspiracy?

A

yes, if there was an agreement to commit the crime and an overt act was taken in furtherance of that agreement.

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30
Q

Criminal Law

which defenses negate mens rea?

A

Mistake, insanity, and intoxication

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31
Q

Criminal Law

when does mistake of law negate mens rea?

A

Generally, mistake of law is not a defense, unless there was 1) reliance on high-level government interpretations, 2) lack of notice, or 3) mistake of law goes to an element of specific intent

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32
Q

Criminal Law

For which crimes can one use mistake of fact defense?

A

general intent and specific intent crimes

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33
Q

Criminal Law

Mistake of fact for general intent crimes

A

Mistake of fact is a defense only if the mistake is reasonable and it goes to the criminal intent

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34
Q

Criminal Law

Mistake of fact for specific intent crimes

A

Mistakes of fact are a defense anytime the defendant actually held the mistaken belief, whether it was reasonable or unreasonable.

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35
Q

Criminal Law

Four test for insanity defense

A

1) M’Naghten 2) Irresistible impulse 3) Durham Rule 4) MPC

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36
Q

Criminal Law

N’Naghten

A

Defendant either did not know the nature of the act or did not know that the act was wrong

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37
Q

Criminal Law

Irresistible Impulse

A

Defendant has a mental disease or defect that means the defendant cannot control himself

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38
Q

Criminal Law

Durham Rule

A

Defendant would not have committed the crime but for his having a mental disease or defect

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39
Q

Criminal Law

MPC rule for insanity

A

Due to a mental disease or defect, the defendant did not have substantial capacity to appreciate the wrongfulness of his acts or to conform his conduct to the law

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40
Q

Criminal Law

Two types of intoxication defense

A

voluntary and involuntary

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41
Q

Criminal Law

when does involuntary intoxication occur?

A

When a person: 1) Doesn’t realize that she received an intoxicating substance (e.g., “date rape” drugs); 2) Is forced or coerced into ingesting a substance; or 3) Has an unexpected or unanticipated reaction to a prescription medication.

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42
Q

Criminal Law

when is an involuntary intoxication defense valid?

A

when it negates the mens rea necessary for those crimes.

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43
Q

Criminal Law

to which crimes does involuntary intoxication defense apply?

A

Can be a valid defense to general intent, specific intent, and malice crimes

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44
Q

Criminal Law

when does voluntary intoxication occur?

A

Occurs when a person intentionally ingests the substance, knowing that it was an intoxicant

45
Q

Criminal Law

to which crimes does voluntary intoxication apply?

A

only to specific-intent crimes, and only if it prevented D from forming the mens rea

46
Q

Criminal Law

CL Conspiracy elements

A

1) agreement 2) between two or more people 3) to commit an unlawful act

47
Q

Criminal Law

fourth element to conspiracy under modern statutes

A

overt act

48
Q

Criminal Law

Can there be unilateral agreement to form conspiracy?

A

yes, under MPC only the defendant who actually has been charged must actually intend to commit the unlawful act.

49
Q

Criminal Law

If what the conspirators agree to do is not a crime, is there a conspiracy?

A

no, there must be an unlawful purpose

50
Q

Criminal Law

What can be an overt act for conspiracy?

A

Can be lawful or unlawful, as long as it furthers the conspiracy

51
Q

Criminal Law

Scope of conspiracy

A

At common law, each co-conspirator can be convicted both of: 1) Conspiracy; and 2) All substantive crimes committed by any other conspirator acting in furtherance of the conspiracy.

52
Q

Criminal Law

Chain conspiracy

A

1) A number of steps in a narrative chain 2) Each participant is liable for the substantive crimes of his co-conspirators

53
Q

Criminal Law

Spoke-Hub conspiracy

A

There is a central person that is dealing with many people on the periphery. The central person will be liable for all the crimes, but each of the spokes is treated as a separate crime. Therefore they will not be liable for each other’s crimes.

54
Q

Criminal Law

withdrawal from conspiracy at CL

A

At common law, it’s impossible to withdraw from a conspiracy, because the crime is completed the moment the agreement is made.

55
Q

Criminal Law

withdrawal from conspiracy under federal rule

A

Under the federal rule, a conspirator can withdraw prior to the commission of any overt act by communicating her intention to withdraw to all other conspirators or by informing law enforcement

56
Q

Criminal Law

withdrawal from conspiracy under MPC

A

Under the MPC rule, a conspirator who helps to thwart the success of a conspiracy can raise a withdrawal defense even after an overt act has occurred.

57
Q

Criminal Law

liability after withdrawal from conspiracy

A

Although a defendant who tries to withdraw may remain liable for conspiracy (e.g.,because notification was not timely), that defendant will not be liable for any substantive crimes committed after his withdrawal.

58
Q

Criminal Law

Attempt

A

An attempt requires: i) A substantial step toward the commission of a crime; coupled with ii) The specific intent to commit the crime. If the crime is successfully completed, the attempt is merged into the completed crime. Attempt can be abandoned BEFORE a substantial step is taken.

59
Q

Criminal Law

attempt- substantial step test

A

A subjective test, called the “substantial step” test, is applied to determine whether an attempt has occurred. Under this test, conduct does not constitute a substantial step if it is in mere preparation; the act must be conduct that tends to effect the commission of a crime.

60
Q

Criminal Law

attempt- specific intent

A

The defendant must possess the specific intent to perform an act or attain a result, which, if completed, would constitute the target crime, even if the target crime is not a specific-intent crime.

61
Q

Criminal Law

Defenses to attempt

A

1) voluntary and involuntary intoxication 2) reasonable and unreasonable mistake of fact 3) merger 4) mistake of law 5) Impossibility- only legal, not factual 6) Abandonment before substantial step is taken

62
Q

Criminal Law

Solicitation

A

1) encouraging another person 2) to commit a crime 3) with the intent the other person commits the crime (voluntary renunciation may be a defense if D thwarts)

63
Q

Criminal Law

Homicide def

A

Homicide: The killing of a living human being by another human being

64
Q

Criminal Law

three types of homicide

A

1) first-degree murder; 2) common-law murder; 3) manslaughter

65
Q

Criminal Law

Elements of homicide

A

1) homicide 2) actual and proximate causation

66
Q

Criminal Law

Mens rea for homicides

A

First-degree murder is a specific-intent crime, whereas common-law murder is a malice crime, and other forms of homicide are general-intent crimes.

67
Q

Criminal Law

Common law murder def

A

the unlawful killing of another human being committed with malice aforethought

68
Q

Criminal Law

Four kinds of malice aforethought

A

1) intent to kill 2) intent to inflict SBH 3) abandoned and malignant heart 4) Felony murder

69
Q

Criminal Law

intent to kill

A

D acted with the desire that the victim end up dead. The intent need not be pre-meditated. It can be formed in a second.

70
Q

Criminal Law

intent to inflict serious bodily harm

A

D intended to hurt the victim badly, and the victim died. Intent to inflict serious bodily harm can be inferred from the use of a deadly weapon to inflict the bodily injury

71
Q

Criminal Law

abandoned and malignant heart

A

D acted with a cavalier disregard for human life and a death resulted. D must realize that his conduct is really risky but need not have any intent regarding the outcome of his actions.

72
Q

Criminal Law

Felony Murder

A

Felony murder is an unintended killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony.

73
Q

Criminal Law

Manslaughter def

A

All unlawful killings of another human being that aren’t first-degree murder or common-law murder. They can be voluntary and involuntary.

74
Q

Criminal Law

Voluntary Manslaughter

A

Voluntary manslaughter is murder committed in response to adequate provocation (i.e., in the “heat of passion”). Test to determine if it’s murder or manslaughter: Is the situation one in which most people would act without thinking and without time to cool off?

75
Q

Criminal Law

Involuntary Manslaughter Def

A

A criminally negligent killing or killing of someone while committing a crime other than those covered by felony murder.

76
Q

Criminal Law

heat of passion

A

The defendant acts in the heat of passion if she was provoked by a situation that would inflame the passion of a reasonable person to the extent that it would cause that person to momentarily act out of passion rather than reason. The defendant cannot have been set off by something that would not bother most people.

77
Q

Criminal Law

what is sufficient provocation for heat of passion?

A

A serious battery, a threat of deadly force, or discovery of adultery by a spouse constitutes sufficient provocation. Usually words, such as taunts, do not.

78
Q

Criminal Law

when is there a “cooling off”

A

If there was sufficient time between the provocation and the killing for a reasonable person to cool off, then murder is not mitigated to manslaughter. If there was sufficient time to cool off for a reasonable person but the defendant himself did not regain self-control, the murder is not mitigated to manslaughter.

79
Q

Criminal Law

Larceny elements (specific intent)

A

1) taking (at CL only tangible personal property; taking includes movement of property) 2) of another person’s property 3) without his consent and 4) with the intent to deprive him of it permanently

80
Q

Criminal Law

Robbery equation

A

robbery= larceny + assault

81
Q

Criminal Law

Robbery elements

A

1) taking 2) another person’s property 3) without consent 4) with intent to deprive him of it permanently 5) the taking occurs from the victim’s person or in his presence; and 6) either by physical violence or putting the victim in fear of imminent physical harm

82
Q

Criminal Law

Burglary elements (specific intent)

A

1) breaking and (push open; entry by fraud; no consent) 2) entering (breaking the plane of the dwelling) 3) the dwelling (where ppl lived; modern- also commercial) 4) of another (not own home) 5) at night (modern- also at day) 6) with the specific intent to commit a felony once inside

83
Q

Criminal Law

Battery elements (general intent)

A

1) unlawful (no consent) 2) application of force (slightest touch; indirect) 3) to another person 4) that causes bodily harm OR constitutes an offensive touching

84
Q

Criminal Law

Assault

A

two forms of assault: 1) attempted battery (specific intent): if D has taken a substantial step toward completing a battery but fails, he will be guilty of assault 2) intentionally placing another in fear of imminent bodily harm (general intent)

85
Q

Criminal Law

Rape elements (general intent)

A

1) unlawful 2) sexual intercourse 3) with a female 4) against her will by force or threat of force

86
Q

Criminal Law

Kidnapping elements

A

1) unlawful 2) confinement of another person 3) against that person’s will 4) either by moving or hiding the victim

87
Q

Criminal Law

Arson elements (mAlice)

A

1) malicious (intent to act in a way that will cause burning, or substantially likely to) 2) burning 3) of another person’s (today includes own house) 4) dwelling (today includes commercial)

88
Q

Criminal Law

Perjury

A

1) Willful act of falsely promising to tell the truth 2) stating something false either verbally or in writing 3) about material matters

89
Q

Criminal Law

subornation of perjury

A

paying someone to testify falsely

90
Q

Criminal Law

Bribery (CL)

A

corrupt payment of something of value for purposes of influencing an official in the discharge of his official duties

91
Q

Criminal Law

Defenses to crimes

A

1) intoxication 2) insanity 3) mistake of fact 4) self-defense 5) defense of others 6) defense of property 7) duress 8) Necessity

92
Q

Criminal Law

forgery

A

1) fraudulent 2) making of 3) false writing 4) with apparent legal significance 5) intent to defraud

93
Q

Criminal Law

embezzlement

A

1) fraudulent 2) conversion 3) of property 4) of another 5) by person in lawful possession of property

94
Q

Criminal Law

false pretense

A

1) obtaining title to property 2) of another 3) thru reliance of that person 4) on known false representation of material past/present fact 5) representation made with intent to defraud

95
Q

Criminal Law

Extortion

A

1) taking of money/property from another by threat 2) threat need not be physical or of immediate harm 3) property need not be on person or in presence of victim 4) threat is the essence of the crime ( maj)

96
Q

Criminal Law

receipt of stolen goods

A

1) receiving control 2) of stolen property 3) with knowledge that it is stolen, and 4) intent to permanently deprive

97
Q

Criminal Law

Entrapment

A

1) criminal offense planned and induced by police/gov agent 2) D was not predisposed to commit crime

98
Q

Criminal Law

Wharton Rule

A

Under the Wharton Rule, if a crime requires two or more participants (e.g., adultery) there is no conspiracy unless more parties than are necessary to complete the crime agree to commit the crime.

99
Q

Criminal Law

mens rea for bigamy

A

Bigamy is a strict liability crime, thus only an actus reus is required

100
Q

Criminal Law

lesser included offenses of robbery

A

Larceny, assault, and battery all merge into robbery or attempted robbery as lesser-included offenses.

101
Q

Criminal Law

agency theory of felony murder

A

under the agency theory of felony murder, a felon is not liable for the death of a bystander caused by a police officer, because the officer is not the felon’s agent.

102
Q

Criminal Law

accomplice liability exception

A

A defendant is not guilty as an accomplice when that person’s action is itself an essential element of the crime. The statutory crime for which the defendant was charged as an accomplice, receipt of a bribe by a public official, requires a person who bribes the public official. Consequently, the fact that the crime required the defendant’s participation is the most likely reason that the defendant was found not guilty.

103
Q

Criminal Law

legal impossiblity defense to attempt

A

Legal impossibility is a defense if the act intended is not a crime; the defendant cannot then be guilty of attempt.

104
Q

Criminal Law

larceny: continuing trespass rule

A

Under the continuing trespass rule, a trespass is deemed to be continuing when the defendant does not possess the necessary intent at the time of the taking but later develops the intent to permanently deprive the owner of the personal property. However, the initial taking of the personal property must have been wrongful.

105
Q

Criminal Law

withdrawal from accomplice liability

A

To legally withdraw (and therefore avoid liability for the substantive crime), an accomplice must (i) repudiate prior aid, (ii) do all that is possible to countermand prior assistance, and (iii) do so before the chain of events is in motion and unstoppable. A mere change of heart, a flight from the crime scene, an arrest by law enforcement, or an uncommunicated decision to withdraw is ineffective.

106
Q

Criminal Law

Pinkerton Rule

A

“Pinkerton Rule” says that every co-conspirator is guilty of any foreseeable substantive offense committed in furtherance of the conspiracy, regardless of actual knowledge of its commission

107
Q

Criminal Law

One man conspiracy at CL

A

At common law, a conspirator cannot be convicted of conspiracy if all other conspirators are acquitted at the same trial, because there must be more than one conspirator to have a conspiracy.

108
Q

Criminal Law

Robbery

A

Robbery is larceny from the person or presence of the person by force or intimidation. The threat must be of immediate serious physical injury to the victim, a close family member, or other person present.

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