Criminal Law Flashcards
Larceny
The 1) trespassory 2) taking & carrying away of 3) the tangible personal property of another 4) with the intent to permanently deprive the other of her interest in the property
Embezzlement
The 1) fraudulent conversion 2) of another’s property 3) by a person in lawful possession of the property
False Pretenses
1) Obtaining title 2) to another’s property 3) by an intentional or knowingly false statement of past or existing fact 4) with the intent to defraud the other
Money falsely obtained for a stated purpose & used for that purpose
Larceny by Trick
1) Obtaining possession 2) to another’s property 3) by an intentional or knowingly false statement of past or existing fact 4) with the intent to defraud the other
Money falsely obtained for a stated purpose & used for another purpose
Robbery
The 1) taking 2) of another’s personal property 3) from the other’s person or presence 4) by force or threat 5) with the intent to permanently deprive the other of her interest in the property
Receipt of Stolen Property
1) Receiving possession & control of stolen property 2) known to have been obtained via a crime 3) committed by another person 4) with the intent to permanently deprive the true owner
Burglary
The 1) breaking & 2) entering 3) of the dwelling 4) of another 5) in the nighttime 6) with the intent to commit a felony therein
Arson
The 1) malicious burning of the dwelling 2) of another
Malice - intent or reckless disregard
Must be charring, not scorching
Criminal Assault
Either the 1) attempt to commit a battery or 2) intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm
Criminal Battery
The 1) unlawful application of direct or indirect force 2) to another’s person 3) resulting in bodily injury or an offensive touching
Aggravated Battery
Battery plus the use of a deadly weapon, serious bodily injury, or the victim is a child, woman, or police officer
Mayhem
Dismemberment or disablement of a body part
Kidnapping
The 1) confinement of a person & either a) movement of the victim or b) concealment of the victim in a secret place
Aggravated Kidnapping
Kidnapping for ransom, to commit other crimes, for an offensive purpose, or child stealing
Rape
The unlawful carnal knowledge of a woman by a man who isn’t her husband
Statutory Rape
Sexual relations with a minor under a specified statutory age
Second-Degree Murder
The 1) unlawful killing 2) of a human being with 3) malice aforethought
Malice Aforethought
Intent to kill; intent to inflict great bodily harm; reckless indifference to the unjustifiably high risk to human life; or felony-murder
Felony-Murder
It must be a dangerous felony & must be an act independent of the killing
First-Degree Murder
All murder is second-degree murder unless committed with 4) premeditation and 5) deliberation
Premeditation
The act was committed after an at least brief period of reflection
Deliberation
The act was committed cooly and dispassionately
Voluntary Manslaughter
The 1) intentional killing 2) of a human being 3) with adequate provocation
Adequate Provocation
1) one that would arouse sudden & intense passion in the mind of an ordinary person so as to cause loss of self-control, 2) D was in fact provoked, 3) insufficient time for the passions of a reasonable person to cool off, & 4) D in fact did not cool off
Involuntary Manslaughter
Killing caused by criminal negligence or a misdemeanor act
Attempt
The 1) intent to commit a specific crime & 2) an overt act in furtherance of the cime
Factual Impossibility
Not a defense to attempt so long as, were the facts as D believed them to be, the crime would have occurred
Legal Impossibility
Is a defense to attempt
Solicitation
1) D incites, counsels, advices, urges, or commands another to commit a crime 2) with the intent that the crime be committed by that person
Accomplice Liability
1) D encourages or assists 2) another person who commits a crime 3) with the intent to promote or facilitate the commission of the crime
Conspiracy
1) An agreement between two or more persons to commit a crime; 2) the intent to enter the agreement; 3) the intent to achieve the objective of the agreement; & 4) an overt act in furtherance of the conspiracy, which can be mere preparation
Wharton’s Rule
If the target crime requires two actors, then there is no conspiracy unless there are at least three people in the conspiracy
Accessory after the Fact
1) One who receives, relieves, comforts, or assists another, 2) knowing the other has committed a felony, 3) to help the felon escape arrest, trial, or conviction
Self-Defense
D may use deadly force if D 1) is without fault, 2) is confronted with unlawful force, & 3) reasonably believes he is threatened with imminent death or great bodily harm
Imperfect Self-Defense
If D’s true belief of threat is unreasonable, then murder will be mitigated to voluntary manslaughter
Defense of Another
D reasonably believes the other person is legally entitled to use force & D may only use reasonable force to prevent the harm
Duress
1) A threat 2) which D reasonably believes threatens death or great bodily harm to self or family
Mistake of Fact
The mistake must be reasonable & must negate the required mental state for a crime
Voluntary Intoxication
Defense to all specific intent crimes, including first-degree murder, burglary, larceny, robbery, & all attempt crimes
Involuntary Intoxication
Is a defense to all crimes, & is treated as insanity
Insanity - M’Naghten Rule
A disease of the mind caused a defect of reason such that D lacked the ability to either know the wrongfulness of her actions or understand the nature & quality of her actions
Insanity - Irresistible Impulse
Because of mental illness, D is unable to control her actions or conform her conduct to the law
Insanity - Durham Rule
The crime was a product of the mental disease or defect
Insanity - ALI/MPC Test
As a result of mental disease, D lacked substantial capacity to either appreciate the criminality of her conduct or to conform her conduct to the law
