Criminal Law Flashcards

Question

Legal/Proximate Causation

Answer 1

D is a proximate cause if the bad result is a natural and probable consequence of D's conduct (a) Intervening causes: D not considered proximate cause if unforeseeable event causes the bad result (b) Eggshell victims: D will be considered proximate cause even if victim's preexisting weakness contributed to the bad result

Answer 2

D must have the required mental state at the same time he engages in the culpable act Most frequently arises in: larceny and burglary

Answer 3

(1) The unlawful application of (2) force to another (3) resulting in either (a) bodily injury or (b) an offensive touching. Mental state: general intent

Answer 4

(1) Attempted battery OR (2) Reasonable apprehension: (a) the intentional creation, (b) other than by mere words, (c) of a reasonable apprehension in the mind of the victim (d) of imminent bodily harm (e.g. fake punch) Mental state: specific intent

Answer 5

Majority rule: death may occur at any time Common law rule: death must occur within a year and a day of the homicidal act

Answer 6

(1) The unlawful killing (2) of another person (3) with malice aforethought Mental state: malice aforethought, satisfied by any of the below: (a) Intent to kill (b) Intent to inflict serious bodily harm (c) Extreme recklessness (reckless indifference to human life) (d) Intentional commission of an inherently dangerous felony (felony murder)

Answer 7

The intentional use of a deadly weapon creates an inference of an intent to kill Deadly weapon: any instrument used in a manner likely to produce death or serious bodily injury

Answer 8

If a D intends to harm one victim, but accidentally harms a different victim instead, the D's intent will transfer from the intended victim to the actual victim Applies most commonly to murder, but can apply to other crimes (e.g. battery and arson) Exception: Transferred intent does not apply to attempts, only to completed harms

Answer 9

First degree murder: any killing committed with (a) premeditation (forethought) and (b) deliberation (cool, calm, collected) Second degree murder: all other intentional murders (including depraved heart murder, intent-to-do-serious-bodily-harm murder)

Answer 10

Any killing caused during the commission of or attempt to commit a felony

Answer 11

(1) D must have committed the underlying felony (2) Felony must be inherently dangerous (e.g. burglary, robbery, rape, arson, kidnapping) (3) Merger rule: felony must be independent of the killing (e.g. underlying crime cannot be aggravated assault or battery) (4) Res gestae principles: killing must take place during the felony or during immediate flight from the felony -- once felon reaches temporary safety, felony ends (5) Death must be foreseeable (6) Victim must not be a co-felon

Answer 12

Proximate cause theory: In some states, if one co-felon proximately causes the victim's death, all of the other co-felons will be guilty of felony murder, even if the actual killing is committed by a third party Agency theory: In other sates, felony murder doctrine applies only if the killing is committed by one of the co-felons

Answer 13

(1) A killing that would otherwise be murder (2) committed in the heat of passion (3) upon adequate provocation

Answer 14

To qualify for voluntary manslaughter, provocation must satisfy four requirements: (1) Provocation must be objectively adequate: would arouse sudden and intense passion in the mind of a reasonable person (e.g., serious assault or battery; witness adultery) (2) D was actually provoked (subjective) (3) D did not have time to cool off (objective) (4) D did not actually cool off (subjective)

Answer 15

Two types: (1) A killing committed during the commission of a crime to which the felony murder doctrine does not apply (misdemeanor manslaughter or unlawful act manslaughter) (2) Unintentional killing committed: (a) Common Law: w/ criminal negligence (gross deviation from reasonable standard of care); or (b) MPC/Modern Trend: recklessly (awareness and conscious disregard of substantial and unjustifiable risk of death)

Answer 16

Required Acts: (1) Unlawful (2) confinement of a person (3) without his or her consent Mental state: general intent crime

Answer 17

Required Acts: (1) False imprisonment (2) that involves either moving the victim or concealing the victim in a secret place Mental state: general intent crime

Answer 18

Required acts: (1) Sexual intercourse (2) without the victim's consent (3) accomplished by force, threat of force, or when the victim is unconscious Mental state: general intent crime

Answer 19

Required acts: (1) Sexual intercourse (2) with someone under the age of consent Mental state: (a) Majority rule: strict liability (b) MPC/Minority rule: a reasonable mistake of age defense

Answer 20

Thieves Took Carmen's Purse and Isaac's Portfolio Requirements: (1) Trespassory: wrongful or unlawful (2) Taking and Carrying away: property must be moved (3) Personable property of Another: who had lawful custody/possession at time of taking? (4) Intent to Permanently Retain the Property: if D intends to give back, lacks necessary intent to steal

Answer 21

A taking under a claim of right is never larceny, even if D erroneously believes the property is his

Answer 22

If D wrongfully takes property w/o intent to steal, but later forms that intent, the initial trespasspory taking is considered to have "continued" and D will be guilty of larceny (Exception to concurrence principle)

Answer 23

Definition: Conversion of the personal property of another by a person already in lawful possession of that property with the intent to defraud Mental state: specific intent to defraud Distinguish from larceny because D has lawful possession Possession involves more than mere custody -- requires authority to exercise some discretion over the property

Answer 24

Definition: Obtaining title to the personal property of another by a false statement made knowingly with the intent to defraud Distinguish from larceny: D gets only custody of property; false pretenses, D gets title

Answer 25

If D only obtains custody (not title) as a result of false statement, crime is larceny by trick not false pretenses

Answer 26

Elements: (1) A larceny (2) from someone else's person or presence (3) by force or threat of immediate injury. Mental state: specific intent to steal

Answer 27

Any amount of force sufficient to overcome resistance is sufficient

Answer 28

Need immediate injury -- threat of future harm is not robbery, it's extortion/blackmail

Answer 29

Making or altering a writing so that it is false Mental state: specific intent to defraud

Answer 30

MPC and most states have consolidated common law property crimes of larceny, embezzlement, false pretenses, and larceny by trick into a single offense typically known as theft Under this statutory approach, seriousness of the crime is determined by the value of the property taken

Answer 31

(1) Breaking and (2) entering the (3) dwelling of (4) another (5) at night (6) with the intent to commit a felony inside (1) Breaking: creating/enlarging an opening by at least minimal force; constructive breaking: entry gained through fraud, threats, or intimidation (2) Entry: some part of D's body must enter the building (3) Dwelling: structure where someone regularly sleeps (4) Of another: cannot burglarize your own house (5) At night (6) Intent to commit: specific intent crime (e.g. rape, rob, kill, assault)

Answer 32

Many states have eliminated technical common law requirements: breaking, dwelling, nighttime

Answer 33

Malicious burning of the dwelling of another Mental state: malice Burning: (1) requires material wasting (e.g. scorching insufficient) and (2) building itself must burn

Answer 34

Under MPC and in most states, arson has been extended to include structures other than dwellings and to damage caused by explosion

Answer 35

When a statute criminalizes the possession of contraband, possession means control for a period of time long enough to have an opportunity to terminate possession -Constructive possession: close enough for D to exercise dominion and control over it Mental state: knowledge of possession and character of item possessed

Answer 36

(1) Receiving possession and control (2) of stolen personal property Mental state: (1) Knowledge that the property has been obtained criminally by another party and (2) with the intent to permanently deprive the owner of his interest in the property

Answer 37

Person who commits the crime

Answer 38

Person who helps: (1) Acts (aids or encourages the principal) (2) Mental state: intent to assist the principal and with the intent that the underlying crime be committed - Recklessness and negligence crimes: If principal's mental state is R or criminal/gross N, accomplice liable for "intentional conduct that aids the principal and manifests the required recklessness or negligence"

Answer 39

Rule: The accomplice is guilty of (1) all the crimes he aided or encouraged and (2) all other foreseeable crimes committed along with the aided crime Not an accomplice if (a) mere presence or (b) mere knowledge

Answer 40

An accomplice can avoid criminal liability by withdrawing before the crime is committed. What he must do to withdraw depends on how he assisted the principal: Encourager: withdraw by repudiating encouragement before crime committed Aider: must neutralize assistance or otherwise prevent crime from happening

Answer 41

Common law: D must (1) help principal who committed a felony (2) with knowledge that the crime has been committed and (3) with intent to help the principal avoid arrest or conviction Modern: in many jurisdictions, separate statutory crimes for accessories after the fact, e.g. obstruction of justice, harboring a fugitive, hindering prosecution

Answer 42

General rule: when a corporate agent engages in criminal conduct, the corporation and the agent may be held criminally liable, if agent is acting (1) on behalf of corporation and (2) within the scope of his/her office Public welfare offenses: when corporation commits a regulatory offense involving public health or safety, agents can be held criminally liable if the stand in "responsible relation to the situation" that created the public danger

Answer 43

Asking someone to commit a rime with the intent that the crime be committed Mental state: specific intent Completion of the crime is unnecessary; whether the other person agrees is irrelevant

Answer 44

An agreement between two or more people to commit a crime plus an overt act in furtherance of the crime -Agreement: express or proved by conduct (concert of action towards a common goal) Mental state: specific intent to (1) enter into an agreement and (2) to accomplish the objectives of the conspiracy Bilateral approach: need at least 2 people; if other parties acquitted, sole remaining D cannot be convicted MPC approach: one person alone can be convicted of conspiracy even if others were acquitted or just pretending to agree Impossibility is not a defense

Answer 45

When 2 or more people are necessary for the crime, conspiracy only occurs when more people than necessary to commit the crime are in agreement

Answer 46

In addition to conspiracy, D will be liable for crimes committed by co-conspirators as long as: (1) those crimes were committed in furtherance of the conspiracy's objective and (2) were foreseeable

Answer 47

Required acts: (1) overt act beyond mere preparation (cf. conspiracy) -- (a) Common law: D must engage in conduct dangerously close to commission; (b) MPC/Majority: D must engage in substantial step towards commission that strongly corroborates actor's criminal purpose Mental state: specific intent to commit the underlying crime -So, not attempt for unintentional crimes, i.e. recklessness crimes, negligence crimes, felony murder

Answer 48

Withdrawal is not a defense Exception: once D withdraws from conspiracy, he is not longer vicariously liable from co-Ds' crimes committed after he left BUT still guilty of conspiracy and all foreseeable crimes prior to withdrawal

Answer 49

(1) Solicitation and attempt merger with the completed crime | (2) Conspiracy does not merger

Answer 50

D must have a mental disease or defect - at the time of the crime (1) Majority - M'Naghten Test: D must prove he either (a) did not know his conduct was wrong or (b) did not understand the nature of his conduct (2) Minority - MPC: D must establish he lacked the substantial capacity to either (a) appreciate the criminality of his conduct or (b) conform his conduct to the requirements of the law

Answer 51

The issue is whether, at the time of trial, the D cannot either: (a) understand the nature of the proceedings against him or (b) assist his lawyer in the preparation of his defense If (a) or (b) is found, trial is postponed until D regains competency

Answer 52

Common law approach: can be a defense to specific intent crimes but not to malice, general intent or strict liability crimes Generally requires such severe "prostration of the faculties" that D cannot form the requisite specific intent

Answer 53

Common Law (Rule of Sevens): (a) If at time of crime D is younger than 7, no prosecution allowed (b) If at time of crime D is younger than 14, rebuttable presumption against prosecution (c) If at time of crime D is 14 or older, prosecution is allowed

Answer 54

Common law: Whether D's mistake of fact will be a defense depends on mental state for the crime and whether the mistake is reasonable or unreasonable Specific intent: any mistake of fact (reasonable or unreasonable) will be a defense Malice or general intent: only a reasonable mistake of fact will be a defense Strict liability: mistake of fact will never be a defense IN other words: a reasonable mistake of fact is a defense to all but strict liability; an unreasonable mistake of fact is only a defense to specific intent

Answer 55

Mistake of law is generally not a defense Exception: if the statute specifically makes knowledge of the law and element of the crime

Answer 56

Individual may use non-deadly force in self defense if he is without fault and: (1) reasonably believes that doing so is necessary (2) to protect himself from the imminent use (3) of unlawful force upon himself

Answer 57

Individual can use deadly force in self-defense only if (1) he is confronted with unlawful force, (2) is without fault, and (3) reasonably believes he is facing an imminent threat of death or serious bodily harm Deadly force cannot be used to defend property

Answer 58

A D may not use force in self-defense if he is the initial aggressor, BUT he can regain the right to use force in self defense if (1) he withdraws from the fight and communicates withdrawal to other person; OR (2) the victim suddenly escalates a nondeadly fight into a deadly one

Answer 59

In some states, D is required to retreat before using deadly force in self-defense (a) Majority rule: retreat is not required (b) Minority rule: retreat is required, unless (i) D cannot retreat in complete safety or (ii) D is in his home

Answer 60

If D is mistaken about need to use force: (1) Reasonable mistake: complete defense (2) Unreasonable mistake: (a) Majority rule: no defense at all; (b) MPC/Minority rule: mitigates but does not exonerate

Answer 61

(1) Non-deadly force may be used, if reasonably necessary, to prevent any serious breach of the peace (2) Deadly force may only be used to prevent a felony risking human life

Answer 62

Deadly force may not be used to defend property

Answer 63

An officer may use deadly force only when doing so is reasonable under the circumstances

Answer 64

Conduct that is otherwise criminal is justifiable if D reasonably believed it was necessary to prevent a greater harm Defense not available if (1) D causes the death of another person to protect property (2) D is at fault in creating the situation that creates the choice of evils

Answer 65

It is a defense to criminal conduct if D was coerced to commit a crime because of (1) a threat (2) from another person (3) of imminent death or serious bodily injury (4) to himself or a close family member *Cannot be a defense to intentional homicide

Answer 66

If D believes the government unfairly tempted him to commit a crime, he may claim entrapment Majority Test (Subjective): D must prove (1) the criminal design originated with the government and (2) he was not predisposed to commit the crime Minority Test (Objective): D must prove police activity was reasonably likely to cause an innocent person to commit the crime (D's predisposition is irrelevant)

Answer 67

In order to be convicted of attempted murder, D must have intent to kill The following are not sufficient mens rea for attempted murder: malice aforethought, intent to inflict great bodily injury, intent to commit a felony, awareness of an unjustifiably high risk to human life