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Missouri Bar > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Vagueness of Criminal Statute is…

A

Unconstitutional

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2
Q

Criminal statute must have these elements to be constitutional

A

(1) Fair warning
(2) no arbitrary and discriminatory enforcement
(3) No ex post facto laws or bills of attainder

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3
Q

Interpretations of conflicting criminal statutes

A

(1) prefer more specific to general
(2) prefer more recently enacted to older
(3) crimes committed before effective date of new code are subject to prosecution under the old code

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4
Q

Modern Law - Merger

A

(1) Cannot be convicted of both solicitation and completed crime.
(2) Cannot be convicted of both attempt and completed crime.

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5
Q

Does Conspiracy Merge?

A

No - one can be convicted of both conspiracy and the criminal act.

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6
Q

Double jeopardy

A

Cannot be convicted of a lesser offense if he’s been put on trial for the greater offense.

DOES NOT APPLY to two or more statutorily defined offenses arising from same transaction.

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7
Q

Elements of a Crime

A

(1) Physical act (actus reus)
(2) Mental state (mens rea)
(3) concurrence of physical and mental.

Some crimes also require harmful result

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8
Q

Physical Act requirements

A

It’s a bodily movement.

(1) voluntary physical act, or
(2) failed to act under a legal duty

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9
Q

Failed to act raises to liablity when these elements satisfied

A

(1) Legal duty to act
(2) D has knowledge of facts giving rise to act, and
(3) reasonably possible to perform the act

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10
Q

How are legal duty’s to act imposed?

A

(1) Statute
(2) Contract
(3) D/V relationship
(4) Creation of peril
(5) Voluntary assumption of care
(6) Possession

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11
Q

How is possession an Act?

A

Only need control over it for a long enough period to have enough time to terminate the possession.

Possession need only be within “dominion and control”

Must be aware of possession, but no need to be aware of its illegality

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12
Q

What are the different mental states?

A

(1) Specific intent
(2) Malice
(3) General intent

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13
Q

What are the crimes that require specific intent?

A

(1) Solicitation
(2) Attempt
(3) Conspiracy
(4) First degree murder
(5) Assault
(6) Larceny and robbery
(7) Burglary
(8) Forgery
(9) False pretenses
(10) Embezzlement

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14
Q

What are the malice crimes?

A

Reckless disregard of an obvious or high risk that the particular harmful result will occur.

(1) murder
(2) arson

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15
Q

What are the general intent crimes?

A

Almost all crimes require general intent - awareness he is acting in a proscribed way and that attendant circumstances exist. General intent found by merely doing the act.

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16
Q

What are the strict liability crimes?

A

Intent doesn’t matter.

(1) Rape
(2) Liquor to minors
(3) Bigamy

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17
Q

Mens rea state of mind differences between common law and MPC

A

common law - it’s about specific or general intent

MPC - it’s about fault (purposely, knowingly, recklessly, negligently).

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18
Q

What are the four mental states under MPC?

A

(1) Purposely
(2) Knowingly
(3) Recklessly
(4) Negligence

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19
Q

MPC Mental State - Purposely

A

Conscious object to engage in conduct

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20
Q

MPC Mental State - Knowingly

A

Awareness that conduct is of a nature that will cause a particular result

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21
Q

MPC Mental State - Recklessly

A

Conscious disregard and unjustifiable risk

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22
Q

MPC Mental State - Negligence

A

Failure to be aware of a substantial and unjustifiable risk

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23
Q

Vicarious Liability definition

A

Hold third party liable for crimes of another. Limited to regulatory crimes and fines

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24
Q

Transferred intent applies to

A

(1) Homicide
(2) Battery
(3) Arson
DOES NOT APPLY TO ATTEMPT SCENARIOS
If transferred attempt applies, most likely liable for actual crime and attempt of the crime on the other person

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25
Is motive relevant?
NO - ignore it
26
Parties to a crime - Common law
(1) principal in first degree (committed crime) (2) principal in second degree (aided and was present) (3) accessory before the fact (encouraged but not present) (4) accessory after the fact (knowledge of felony and assisted in escape of arrest) REQUIRES First principle conviction before any of the others can be convicted - this rule has been abandoned by most jurisdictions.
27
Parties to a crime - MPC
(1) Principal - liable for principal crime (2) Accomplice - liable for principal crime if accomplice intended to aide in crime and all foreseeable results (3) Accessory After the Fact - liable for separate, less serious crime of being an accessory after the fact. Accompliance can be liable even if P is not!!!!!!!
28
Mental state for an accomplice
(1) intent principal commit the offense - mere knowledge not enough Can be reckless or negligence if statute calls for it
29
Withdrawing as an accomplice limits
Withdraw must occur before crime committed (1) Repudiate plan, or (2) Neutralize assistance
30
What are the Inchaote offenses?
(1) Solicitation (2) Conspiracy (3) Attempt
31
Solicitation definition
Enticing another to commit a crime, with the intent that the solicited person commit the crime. Withdraw NOT a defense Merges with substantive defense
32
Conspiracy definition
(1) Agreement between two or more persons (2) With intent to enter into an agreement (3) Intent of two or more persons to achieve the objective of agreement ``` MPC (unilateral): Only one person needs a guilty mind (ex. undercover police officer). Common law (bilateral): Two people need guilty mind ``` Withdraw NOT a defense (except further crimes) Does NOT merge with substantive offense
33
Attempt definition
Act done with intent to commit a crime that falls short of the crime. MPC: act is substantial step Common law: act is dangerously close to completion of crime Withdraw NOT a defense Merges with substantive offense
34
Insanity Defense - M'Naghten Rule
"M' N I don't know right from wrong or understand my actions!" D does not know right from wrong or understand his actions
35
Insanity Defense - Irresistible Impulse
Impulse that D cannot resist or cannot conform to the law
36
Insanity Defense - Durham
Product of mental disease
37
Insanity Defense - MPC (Modern)
I can't appreciate or conform!
38
Mental Condition - Constitutional Limits
Cannot be tried or convicted if (1) unable to understand nature of proceedings or (2) unable to assist lawyer in preparation of defense
39
Diminished Capacity
Allowed to argue - short of a mental defect but limited to specific intent crimes
40
Voluntary Intoxication
Intentional taking of substance. Intoxication defense allowed to specific intent crimes ONLY. No defense to: (1) General intent crimes (2) strict liability, or malice, recklessness or negligent crimes (3) Second degree murder (depraved heart)
41
Involuntary Intoxication
Taking substance without knowledge or pursuant to medical advice. Treated as mental illness - may be a defense to alllllllll crimes
42
Infancy
Common law: Under 7 - defense to all crime Common law: Under 14 - Rebuttable presumption of defense MPC: Defense to adult crimes but may still be delinquent
43
Force allowed: Self Defense
Nondeadly: reasonably believes force necessary to protect himself Deadly: without fault, reasonably believes death or great bodily harm
44
Force allowed: Defense of Others
Same as self defense
45
Force allowed: Defense of Dwelling
Nondeadly: Reasonably believes necessary to prevent or end unlawful entry Deadly: Reasonably believes he is threatened or prevent felony inside
46
Force allowed: Defense of Other Property
Nondeadly: Reasonably believes necessary to defense property in his possession (only after requesting desist) Deadly: NEVER
47
Force allowed: Crime Prevention
Nondeadly: Reasonably believes necessary to PREVENT felony or serious breach of peace Deadly: Reasonably believes necessary PREVENT felony involving SERIOUS BODILY HARM
48
Force allowed: Arrest by Police Officer
Nondeadly: Reasonably APPEARED guilty and force necessary for arrest Deadly: Prevent escape AND SERIOUS BODILY HARM
49
Force allowed: Arrest by private citizen
Nondeadly: Crime WAS committed and reasonable belief that is the person who committed it Deadly: ONLY IF person person actually guilty and serious bodily harm
50
Force allowed: Necessity
Nondeadly: Reasonably necessary to avoid greater harm Deadly: Never
51
Defense of Duress allowed...
as a defense to any crime EXCEPT HOMICIDE where he reasonably believed D would inflict great bodily harm on him, member of family, property if he did not commit the crime. Necessity can be threat by anyone, Duress must be threat by a human
52
Is Mistake of Fact defense allowed?
Yes - available for all crimes except strict liability. Specific intent: any mistake that negates intent All other crimes: only reasonable mistakes
53
Is Mistake of law allowed?
NO - unless issue with the law itself (not published, reliance on interpretation in jurisdiction, etc.)
54
Is consent an allowable defense?
NO, unless part of law like rape
55
Is criminality of victim an allowable defense?
NO
56
Entrapment elements
(1) Criminal design originated with law enforcement officers (2) D was not predisposed to commit the crime prior (3) Only government actors (not private)
57
Aggravated battery definition
Battery resulting in serious bodily harm
58
Aggravated assault
Assault with a deadly weapon
59
Common Law: Murder
Killing of a human with malice aforethought. Malice aforethought is: (1) Intent to kill (2) Intent to inflict great bodily injury (3) Reckless indifference to an unjustifiable high risk to human life (4) Intent to commit a felony
60
Common Law: Voluntary Manslaughter
Would be murder but for adequate provocation. Provocation only if (1) sudden and intense passion in the mind of an ordinary person (2) D was in fact provoked (3) Not sufficient time between provocation (4) D did not cool off
61
Common Law: Involuntary manslaughter
Committed with criminal negligence. That is, was there a crime and they were acting recklessly?
62
Statutory defined murder: First Degree Murder
(1) D made decision to kill in cool and dispassionate matter and reflected on the idea of killing (premeditated).
63
Statutory defined murder: Felony Murder
Murder committed during felony, with (1) D committed or attempt to commit felony (2) Felony must be distinct (3) Death foreseeable (4) Death caused before D's flight (5) P was not a co-felon
64
Felony murder - Agency theory
Felons only repsonsible for killings by felon and agent
65
Felony murder - Proximate cause theory
Felons responsible for all forseeable killings and innocent victims, including killings by others that are not the accomplices.
66
To be guilty of murder, the Defendant's conduct must be....
(1) cause in fact of the result and (2) proximate cause. Intervening causes like negligent medical care or victim's refusal of medical treatment considered FORESEEABLE
67
Kidnapping definition
Unlawful confinement that involves movement or concealment of victim
68
Rape definition
No effective consent and slightest penetration
69
Statutory Rape
Strict liability crime - reasonable mistake does not prevent liability. Second best answer - reasonable mistake as to age will prevent conviction if D reasonably believed victim was old enough to give consent
70
Larceny definition
(1) Taking (2) and Carrying away (3) personal property (4) of another (5) by trespass (6) with intent to permanently (or for unreasonable time) deprive - Ask if took when D had possession vs. custody. If had possession, not larceny, if only had custody, it is larceny. - Cannot commit larceny against abandoned property, but can against mislaid or lost property - INtent to borrow or repay debt - no larceny
71
Larceny vs. Embezzlment
If D already had possession when he took it, then its embezzlement
72
Embezzlment definition
(1) Fraudulent (2) Conversion (3) of personal property (4) of another (5) by a person in lawful possession
73
Larceny by False Pretenses
(1) Obtain title (2) to personal property of another (3) intentional false statements (4) intent to defraud Show that D had notice of high probability that P's statements were false.
74
Robbery Definition
(1) A taking (2) of personal property (3) From the other's person or presence (4) by force or immediate threats (5) intent to permanently deprive
75
Larceny vs. Robbery
Larceny - no force (pickpocketing) | Robbery - force required
76
Extortion Definition
Obtain property by means of threats to do harm or to expose information.
77
Receipt of stolen property definition
(1) Receiving possession and control (2) Of "stolen" property (3) Known to be obtained through crime (4) by another person (5) intent to permanently deprive owner of his interest (6) at time D receives it
78
Forgery definition
(1) Making or altering (2) A writing with apparent legal significance (3) So that it is false (4) Intent to defraud If P knew he was signing doc - not forgery. If P doesn't know he's signing doc - forgery
79
Malicious Mischief definition
(1) malicious (2) Destruction (3) property of another
80
Common law: Burglary
(1) Breaking (2) and entry (3) of a dwelling (4) of another (5) at nighttime (6) with intent to commit a felony AT THE TIME OF ENTRY
81
Common law: Arson
(1) Malicious (2) Burning (3) of the dwelling (4) of another
82
Factual or legal impossibility defense in Attempt Charge
Factual - not a defense | Legal - only possible if the act wasn't illegal
83
Attempted murder elements
REQUIRES specific intent to kill - even though regular murder does not
84
How to analyze a murder question
(1) Any state of mind present to constitute malice aforethought? (2) If yes to (1), anything raise it to first degree murder? (premeditated)? (3) If yes to (1), anything to lower it to vountary manslaughter due to adequate provocation? (4) If no to (1), anything that would make it involuntary manslaughter? Criminal negligence or misdemeanor manslaughter
85
Larceny by trick vs. Larceny by false pretenses
Larceny by trick - does not involve title | Larceny by false pretenses - does involve title.

Missouri Bar (15 decks)

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