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July 2017 BAR > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

When does a state acquire jurisdiction over a crime?

A

If either the conduct or the result happened in that state

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2
Q

What two crimes merge into the substantive offense?

A

Soliciation -> Conspiracy

Attempt -> Completed Crime

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3
Q

What crime does not merge into the substantive offense?

A

Conspiracy

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4
Q

What are the essential elements of a crime?

A

There must be a voluntary act.

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5
Q

Is there a legal duty to rescue?

A

No.

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6
Q

When is there a legal duty to act?

A
  1. statute (file tax returns),
  2. contract (nurse),
  3. relationship (parent or spouse),
  4. voluntarily assume a duty of care and fail to perform it, 5. conduct created peril
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7
Q

What is a specific intent crime?

A
  1. First Degree Murder
  2. Assault
  3. Solicitation
  4. Conspiracy
  5. Attempt.
  6. Larceny
  7. Embezzlement
  8. False Pretenses
  9. Robbery
  10. Burglary
  11. Forgery
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8
Q

whats the significance of a specific intent crime?

A

they qualify for 2 additional defenses. (1) Voluntary intoxication and (2) unreasonable mistake of fact.

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9
Q

what are the two malice crimes?

A

murder and arson

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10
Q

what are general intent crimes?

A

rape and battery

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11
Q

How do you know when the statute is mean to be a no intent crime of strict liability?

A

when you dont see the adverbs : Knowingly, Willfully, or intentionally.

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12
Q

what are the four mental states on the MPC

A

Purposely - conscious objective to engage
Knowingly - aware conduct will cause result
Recklessly - consciously disregards a substantial and unjustifiable risk
Negligently - fails to be aware of a substantial and unjustifiable risk

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13
Q

What are the elements to being an accomplice?

A
  1. aid, advise, or encourage principal in the commission of the crime.
  2. accomplice must have the requisite intent that the crime be committed
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14
Q

what crimes are accomplices liable for?

A
  1. the crime itself, and

2. all other forseeable crimes

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15
Q

how can an accomplice withdraw?

A
  1. repudiate encouragement
  2. neutralize assistance
  3. contacting police
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16
Q

what does inchoate mean?

A

incomplete

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17
Q

what are the three inchoate offenses?

A
  1. Solicitation
  2. Conspiracy
  3. Attempt
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18
Q

What is solicitation?

A
  1. asking someone to commit a crime
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19
Q

When does solicitation merge into conspiracy?

A

when the person asked agrees to commit the crime.

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20
Q

Is factual impossibility a defense to solicitation?

A

NO.

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21
Q

what are the elements to conspiracy?

A
  1. an agreement (does not need to be expressed)
  2. intent to agree
  3. intent to pursue an unlawful objective
  4. overt act (mere prepartion will do.
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22
Q

what crimes are conspirators liable for?

A
  1. crimes committed in furtherance of conspiracy

2. and were foresseable.

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23
Q

what is the bilateral approach? (common law)

A

requires two guilty parties to be guilty of conspiracy.

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24
Q

what is the unilateral approach?

A

the modern trend requires only that one person have a genuine criminal intent.

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25
Q

is factual impossibility a defense to conspiracy?

A

no.

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26
Q

is withdraw a defense to conspiracy?

A

No can never relieve the defendant from liability for the conspiracy itself. But can be used for subsequent crimes.

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27
Q

What are the elements of attempt?

A
  1. specific intent

2. an overt act (substantial step) in furtherance of the crime

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28
Q

Once a defendant has taken a substantial step toward committing the crime is abandonment a defense?

A

No. The MPC allows for the defense only if it is fully voluntary and a complete renunciation of criminal purpose.

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29
Q

Is factual impossibility or legal impossibility a defense?

A

legal impossibility is, factual is not.

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30
Q

What are the four insanity defenses?

A
  1. M’Naghten
  2. Irresistible Impulse
  3. Durham
  4. MPC
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31
Q

What is the M’Naghten defense?

A

the D lacked the ability to know the wrongfulness or understand the nature of actions.

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32
Q

what is the irresistible impulse test?

A

the D lacked the capacity of self control

33
Q

what is the durham test?

A

the D’s conduct was a product of mental illness

34
Q

what is the MPC test for insanity?

A

d lacked ability to conform conduct to the requirements of the law

35
Q

what kind of crimes is voluntary intoxication a defense to?

A

self induced intoxication is a defense to specific intent crimes.

36
Q

what is involuntary intoxication?

A

unknowingly being intoxicated or under duress

37
Q

what is involuntary intoxication a defense to?

A

all crimes

38
Q

what the rules in regards to infancy?

A

Under age seven there is no criminal liability, under age 14 there is a rebuttable presumption of no criminal liability.

39
Q

when can a defendant use self defense?

A

when defendant reasonably believes that force is about to be used on him.

40
Q

what is the minority rule for self defense?

A

defendant must retreat if safe to do so, except if in home, or during rape/robbery, and police officers have no duty.

41
Q

how can aggressor get back the defense of self defense?

A

withdraw and communicate withdraw.

42
Q

when can a defendant raise a “defense of others” defense

A

if he reasonably believes that the person assisted would have had the right to use force in own defense.

43
Q

can deadly force be used to protect property?

A

No never.

44
Q

what are the elements of the duress defense?

A

The person acts under the threat of imminent infliction of death or great bodily harm, and the belief is reasonable.

45
Q

what is duress?

A

forced to do something. If you dont rob the grocery store ill kill your family.

46
Q

what is duress not a defense to?

A

murder aka homicide aka kill

47
Q

whats the difference to between necessity and duress?

A

necessity involves a natural force, d reasonably believes action is necessary to avoid a greater societal harm.

48
Q

Mistake of fact is a only defense to negate what?

A

intent

49
Q

unreasonable mistake of fact is a defense to what crimes?

A

specific intent crimes.

50
Q

is consent of the victim a defense?

A

generally no.

51
Q

what are the elements of entrapment?

A

criminal design originated with law officers and D is not predisposed to commit crimes.

52
Q

what are the elements of battery?

A

a harmful or offensive touching. Does not need to be intentional or applied directly.

53
Q

what kind of crime is battery?

A

a general intent

54
Q

what are the elements of assault?

A

attempt to commit battery, intentional creation of reasonable apprehension of imminent bodily harm.

55
Q

what is the difference between battery and assault?

A

if there has been an actual touching, it is battery.

56
Q

What is murder?

A

murder is the unlawful killing of another human with malice aforethought.

57
Q

when does malice aforethought exist?

A
  1. intent to kill
  2. intent to cause great bodily harm
  3. intent to commit a felony
  4. reckless indifference to an unjustifably high risk to human life.
58
Q

what are the three types of first degree murder?

A
  1. premeditated murder
  2. felony murder
  3. killing of a cop.
59
Q

what are the elements of premeditated killing?

A
  1. killing of a human being

2. intent or knowledge that his conduct would cause death

60
Q

what is felony murder?

A

bark crimes
burglary, arson, rape, kidnapping.

any killing committed during the course of a felony. death must be foreseeable.

61
Q

during a felony, is a D liable for the death of a co-felon?

A

nope.

62
Q

when does the break of chain happen during a felony murder?

A

once the Defendant reaches a point of temporary safety.

63
Q

what is second degree murder?

A

Depraved heart killing, a killing done with a (1) reckless indifference to a (2) unjustifiably high risk to human life.

64
Q

what is voluntary manslaughter?

A

Heat of passion crime

1) killing in the heat of passion resulting from an adequate provocation
2. provocation arouses sudden and intense passion in mind of ordinary person that would cause him to lose self control
3. there is not sufficient time to cool down between provocation and the killing.
4. the D did not cool down.

65
Q

what is imperfect self-defense?

A

D has an honest but unreasonable belief that his life was in imminent danger.

66
Q

what is involuntary manslaughter?

A
  1. killing of criminal negligence

2. killing while committing a misdemeanor.

67
Q

what is the elements false imprisonment?

A
  1. unlawful confinement
  2. w/o the persons consent
    * *there cannot be an alternate route available.
68
Q

what are the elements to kidnapping?

A
  1. taking person, confinement, movement.
69
Q

is consent of a victim a defense to statutory rape?

A

no, neither is mistake of fact.

70
Q

what are the elements to larceny?

A
  1. wrongful taking
  2. asportation of property (carrying off)
  3. intent to permanently deprive (must exist at time of taking not after) (cant believe property is yours)
71
Q

what happens if after D takes property he changes his mind to permanently keep it?

A

its a continuing trespass

72
Q

what are the elements to embezzlement?

A

fraudulent conversion of property of another. usually a trustee. has lawful possion. doesnt have to get benefit.

73
Q

what are the elements to false pretenses?

A

the D gains title by false representation. conveyance of title is the center.

74
Q

what is larceny by trick?

A

gains property but not title.

75
Q

what is robbery?

A
  1. the wrongful taking of property of another from their presence by
  2. the use of force or threat of imminent harm.
  3. intent must be to permanently deprive them of it.
76
Q

what is extortion?

A

black mail, obtain property or services by means of a future threat.

77
Q

what is forgery?

A

making or altering of a false writing with intent to defraud.

78
Q

what are the elements to burglary?

A
  1. breaking and entering into a dwelling
  2. at night
  3. with intent to commit a felony therein.

constructive or actual breaking:
if door is open it is not a breaking, but if you open a door then it is.
constructive - breaking by fraud or threat

79
Q

what is arson?

A

the malice burning of the dwelling of another. reckless indifference is nenoguh. only applies to burning. common law the building had to be a building

July 2017 BAR (13 decks)

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