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Criminal Law Flashcards

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1
Q

General Principles

A

Under CL, there must be concurrence of a physical act (actus reus) and intent necessary for the crime (mens rea). For certain crimes, the court will look to whether the D’s conduct was the actual and proximate cause of the crime committed. Here,

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2
Q

Actus Reus - Physical Act

A

D must have either performed a voluntary physical act or failed to act under circumstances imposing a legal duty to act. An act is voluntary bodily movement. Here,

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3
Q

Actus Reus - Omission as an Act

A

Failure to act gives rise to liability ONLY if: 1) D had a specific legal duty to act (relationship, contractual, voluntary, etc.) 2) it was reasonably possible for D to perform the duty. Here,

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4
Q

Mens Rea - Mental State

A

Mens rea is the mental element required at the time a crime was committed. Under CL, the types of intent are specific intent, general intent, malice, and strict liability. Under the MPC, the intent is either purposely, knowingly, or negligently. Intent can be transferred from a target victim to an actual victim. Here,

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5
Q

Mens Rea: Common Law - Specific Intent

A

(Students Can Always Fake A Laugh Even For Ridiculous Bar Facts)

D must have an intent to commit the given crime. These crimes include solicitation, conspiracy, attempt, first degree murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, and forgery. Reasonable and unreasonable mistake of fact and voluntary intoxication are available defenses. Here,

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6
Q

Mens Rea: Common Law - Malice

A

D acts with Malice when he acts with reckless disregard of a reasonably known risk. Common law murder and arson are the only two malice crimes. Here,

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7
Q

Mens Rea: Common Law - General Intent

A

D must be aware he is acting in a certain manner. This includes the crimes of battery, rape, false imprisonment, and kidnapping. Reasonable mistake of fact is a defense to all general intent crimes. Here,

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8
Q

Mens Rea: Common Law - Strict Liability

A

For strict liability crimes, no mens rea is required, i.e. no intent or awareness is required for SL crimes. This includes statutory rape, selling alcohol to minors, etc. The only possible defenses are insanity, involuntary intoxication, and duress. Here,

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9
Q

Mens Rea: Model Penal Code - Purposely

A

A person acts purposely when his conscious object is to engage in certain conduct or cause a certain result. Here,

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10
Q

Mens Rea: Model Penal Code - Knowingly

A

A person acts knowingly when he is aware that his conduct is of a particular nature or knows his conduct will very likely cause a particular result. Here,

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11
Q

Mens Rea: Model Penal Code - Recklessley

A

A person acts recklessly when he knows of substantial risk and unjustifiable risk and consciously disregards it. Here,

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12
Q

Mens Rea: Model Penal Code - Negligently

A

A person acts negligently when he fails to be aware of a substantial and unjustifiable risk. Here,

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13
Q

Transferred Intent

A

D can be liable under the transferred intent doctrine if he intends the harm that is actually caused, but the harm is caused to a different victim. Here,

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14
Q

Concurrence

A

The D must have the intent necessary for the crime at the time he committed the act constituting the crime and the intent must have actuated the act. Here,

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15
Q

Causation

A

Some crimes, like homicide, require result and causation. D’s conduct must be both the actual and proximate cause of the crime committed. Here,

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16
Q

Causation - Actual

A

But for D’s conduct, the crime would not have occurred. Here,

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17
Q

Causation - Proximate

A

The crime is the natural and probable consequence of D’s conduct. Here,

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18
Q

Accomplice Liability (always raise with co-conspirator liability)

A

An accomplice is anyone who actively aids, encourages, or counsels the principal in committing the crime with the intent to encourage the commission. Mere presence at the crime is NOT enough. Here,

As an accomplice, D is liable for the original crime as well as ALL probable and foreseeable crimes committed by the principles during the commission of the original crime. Here

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19
Q

Accomplice Liability: Defenses - Withdrawal

A

D can effectively withdraw before the crime is committed or becomes unstoppable. To withdraw, D must negate or repudiate his initial aid or encouragement. An attempt to neutralize assistance is required if participation went beyond mere encouragement. Here,

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20
Q

Accomplice Liability: Defenses - Member of a Protected Class

A

Those protected by a criminal statute are NOT liable as accomplices. Here,

(minors in a statutory rape case)

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21
Q

Accomplice Liability - Accessory After the Fact

A

An accessory after the fact is one with the intent to help a felon escape or avoid arrest or trial, receives, relieves, or assists a known felon after the felony has been completed. He will be liable for “obstruction of justice” and will not be liable for the crimes committed by the principal. Here,

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22
Q

Soliciation

A

Solicitation is the inciting, urging, or otherwise asking another to commit a crime with the intent that they commit the crime. If the party solicited actually commits the crime, the solicitor will also be liable for the crime. Further, if the party solicited refuses, it is not a defense. Here,

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23
Q

Conspiracy (always raise with accomplice liability)

A

A conspiracy is an agreement between two or more people with the intent to commit a crime. Under the majority rule, some slight overt act in furtherance of the conspiracy is required (mere preparation will suffice). Here,

Each conspirator is liable for the crimes of the other co-conspirators that are 1) committed in furtherance of the conspiracy, and 2) foreseeable. Here,

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24
Q

Conspiracy: Defense - Withdrawal

A

In order for tD to present a withdrawal defense, he must communicate his intent to withdraw to all other conspirators before the target crime occurs. However, he may not withdraw from liability for the conspiracy itself. Here,

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25
Q

Conspiracy - Acquittal of Co-Conspirators

A

If ALL alleged co-conspirators have been acquitted, no party can be convicted of conspiracy. However, a person can be convicted of conspiracy even if his co-conspirators have not been found or charged. Modernly, only one person must have a genuine criminal intent to be guilty of conspiracy. Here,

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26
Q

Attempt

A

An attempt is when one has the specific intent to commit a target crime and takes a substantial step in the direction of the commission of that crime (mere preparation is not enough). Under the majority rule, abandonment is not a valid defense after the substantial step is taken. One cannot attempt a crime of negligence or recklessness. Here,

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27
Q

Attempt - Impossibility

A

A factual impossibility is not a defense to attempt, however, legal impossibility is a valid defense to attempt if the acts D intends to commit are not a crime. Here,

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28
Q

Merger

A

When merger applies, the inchoate offense merges into the target offense, prohibiting D from being prosecuted for both crimes. However, conspiracy does not merge into the target crime and crimes toward different victims never merge. Here,

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29
Q

Homicide

A

Homicide is defined as the killing of another human being by D. Here,

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30
Q

Common Law Murder

A

Common law, murder is the killing of another human being with malice. Malice can be shown by an intent to kill, intent to commit serious bodily injury, reckless indifference/depraved heart murder, or via the felony murder rule.

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31
Q

Murder - Reckless Indifference/Depraved Heart

A

A D can be convicted of cCL murder if he acted with reckless indifference to an unjustifiably high risk to human life. Here,

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32
Q

Murder - Felony Murder Rule

A

A D can be convicted of CL murder if he 1) intended to commit the underlying felony, and 2) the killing occurred during the commission of an inherently dangerous felony such as burglary, arson, rape, robbery, and kidnapping (BARRK). The Felony must be independent from the act that causes the death. Here,

A defense to the underlying felony is a defense to FMR. Here,

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33
Q

Murder - Causation

A

D’s act must be both the actual and proximate cause of victim’s death. Here,

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34
Q

First Degree Murder

A

FDM is statutory murder committed with premeditation and deliberation. FDM requires a specific intent to kill. Additionally, modern FDM statutes include the Felony Murder Rule and the killing of an on-duty police officer. Here,

35
Q

FDM - Premeditation and Deliberation

A

If the D made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing, even if only for a moment, it is first degree murder. Here,

36
Q

Second Degree Murder

A

SDM is statutory murder that is not otherwise first degree murder. Here,

37
Q

Voluntary Manslaughter

A

VM is a killing that would be murder but for the existence of adequate provocation with no cooling off period. Provocation is adequate if there is a sudden and intense passion in the mind of an ordinary person that would cause a reasonable person to lose control, and there was not time for D to cool down. Here,

38
Q

VM - Imperfect Claim of Self-Defense

A

If a D kills because of an honest, but unreasonable belief his life is in danger, this defense will reduce a murder to manslaughter. Here,

39
Q

Involuntary Manslaughter

A

Involuntary manslaughter is a homicide with criminal negligence or during the commission of a misdemeanor or non-enumerated felony. Here,

40
Q

Assault

A

An assault is an attempted battery or the intentional creation, by more than mere words, of a reasonable apprehension of imminent bodily harm. Here,

41
Q

Battery

A

Battery is the unlawful application of force to another person causing bodily injury or offensive conduct. Here,

42
Q

False Imprisonment

A

The unlawful confinement of a person without valid consent. Here,

43
Q

Kidnapping

A

The confinement of another person involving either movement or concealment in a secret place. here,

44
Q

Rape

A

Rape is the unlawful carnal knowledge of a woman by a man, not her husband, without her consent. Slight penetration counts. A reasonable mistake is a defense to rape, but no defense to statutory rape which is a strict liability crime. Here,

45
Q

Crimes Against Property and Public (LEFT REFS)

A

All theft crimes are specific intent crimes, so even unreasonable mistake of fact is a defense. Here,

46
Q

Larceny

A

Larceny is a trespassory taking and carrying away of the personal property of another with the intent to permanently deprive at the time of the taking. A taking is trespassory if it is without consent or consent was given through fraud. Even the slightest movement is sufficient. Here,

47
Q

Embezzlement

A

Embezzlement is the fraudulent conversion of personal property of another by a person in lawful possession of that property. Here,

48
Q

False Pretenses

A

False pretenses occurs when one obtains title to the personal property of another by an intentional false statement of past or existing fact, with the intent to defraud the other. A false promise to do something in the future is NOT grounds for false pretenses. Here,

49
Q

Larceny By Trick

A

Larceny by trick is when one obtains possession of another’s personal property using false statements of past or existing fact. If D obtains title, the crime is false pretenses. Here,

50
Q

Robbery

A

Robber is the taking of personal property from a person or in their presence by the use of force or threat of imminent harm, with the intent to permanently deprive. The victim must be aware of the taking during the act. Here,

Robbery = assault or batter + larceny

51
Q

Extortion

A

Extortion is the obtaining of property through threats of future harm or exposing information. Extortion does NOT require a taking in the victim’s presence and it relates to future threats, not just bodily harm (differs from robber). Here,

52
Q

Forgery

A

Forgery is the making or altering of a writing, with purported legal significance, to be false, with the intent to defraud. Here,

53
Q

Receiving Stolen Property

A

One is guilty of receiving stolen property if he receives possession and control of stolen personal property, known to have been illegally obtained, with the intent to permanently deprive the owner of his interest in it. Here,

54
Q

Arson

A

Arson is the burning of the dwelling of another. Majority rule requires charring, not just smoke or scorching damage. Modern law includes any structure. Here,

55
Q

Burglary

A

Burglary is the breaking and entering the dwelling of another at night with the intent to commit a felony therein. Modern law defines burglary as the entry of a structure of another with the intent to commit a felony or theft therein. Here,

56
Q

Self-Defense

A

Self-defense may be used in response to imminent threats of unlawful force. Here,

57
Q

Non-Deadly Force

A

Non-deadly force may be used if D reasonably believes it is necessary to protect himself from imminent unlawful force. Here,

58
Q

Deadly Force

A

D may use deadly force to protect against an attack that threatens imminent death or great bodily harm. Here,

59
Q

Retreat

A

Under the majority rule, a D need not retreat before using deadly force, UNLESS the D is the initial aggressor and safe retreat is available. In a minority of jurisdictions, the victim is required to retreat unless they are in their home, or victims of rape or robbery. Here,

60
Q

Initial Agressor

A

A D cannot assert self-defense as a justification unless 1) the D withdraws, 2) V escalates a minor dispute into a deadly altercation, and 3) safe retreat is unavailable. Here,

61
Q

Imperfect Self-Defense

A

Some states recognize an imperfect self-defense doctrine where a murder may be reduced to manslaughter even though the D was at fault in starting the altercation if he unreasonably but honestly believed in the necessity of responding with deadly force. Here,

62
Q

Defense of Others

A

Under the majority view, one may use force in defense of any other person if he reasonably believes the person assisted had the legal right to use force in his own defense. The minority view requires the defendant to “step into the shoes” of the person she defends, and has not defense if that person has no legal right to use force in self-defense. Here,

63
Q

Crime Prevention

A

A police officer or private citizen may use deadly force if reasonably necessary to prevent the commission of a dangerous felony or to apprehend a dangerous felon. Here,

A citizen is privileged to use reasonable force to prevent a felony, and may use deadly force to prevent a “dangerous felony” involving risk of human life. Here,

64
Q

Defense of Property

A

Deadly force may never be used to defend property. But if D is on the property/home then deadly force can be used in self-defense (not defense of property). Here,

65
Q

Recovery of Property

A

Force may NOT be used to regain possession of property wrongfully taken, UNLESS one is in immediate pursuit of the wrongful taker. Here,

66
Q

Insanity

A

Depending on the jurisdiction, one of the four tests is used to determine whether D was so mental ill at the time he committed an offense that he should be entitled to acquittal. Insanity is a defense to ALL crimes.

67
Q

Insanity - M’Naughten

A

D, as a result of mental defect, did not know the wrongfulness of his act, OR could not understand the nature and quality of his acts. Here,

I.e. D doesn’t know right from wrong.

68
Q

Insanity - Irresistible Impulse

A

D, as a result of mental defect, was unable to control his conduct or conform his conduct to the law. Here,

i.e. D acted because of an impulse he could not resist.

69
Q

Insanity - MPC: Substantial Capacity

A

D lacked the substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law. Here,

i.e. D was unable to control his actions or conform his conduct to the law

70
Q

Insanity - Durham Product

A

D is not guilty of a crime if it was the product of a mental disease or defect. Here,

i.e. but for the mental illness, D would not have acted

71
Q

Insanity - Diminished Capacity

A

Diminished capacity is based on D’s mental defect and is available if D can show that he has some mental defect short of insanity that prevented him from forming the mental state required for the crime. This defense is usually limited to specific intent crimes. Here,

72
Q

Intoxication

A

Intoxication may excuse criminal liability.

73
Q

Voluntary Intoxication

A

D is voluntarily intoxicated if he voluntarily consumes an intoxicating substance. Voluntary intoxication is ONLY defense to specific intent crimes, and is NOT available if D becomes intoxicated in order to commit the crime. Here,

74
Q

Involuntary Intoxication

A

D is involuntarily intoxicated if he involuntarily or unknowingly consumes an intoxicating substance. Involuntary intoxication is a defense to ALL crimes if the intoxication renders D “insane”. Here,

75
Q

Infancy

A

Children under the age of 7 cannot be held criminally liable for crimes. Children under the age of 14, the law creates a rebuttable presumption of no criminal liability. However, all children over the age of 14 are treated as adults and subject to criminal liability. Here,

76
Q

Impossibility

A

A factual impossibility is not a defense to attempt. Here,

77
Q

Mistake of Fact

A

If a D makes a reasonable mistake of fact that negates the required mental state for the crime, D is NOT guilty of that crime (but no defense to strict liability). However, if D is unreasonably mistaken of fact, then the mistake is a defense ONLY to a specific intent crime. Here,

78
Q

Legal Impossibility

A

A legal impossibility is a valid defense to attempt if the acts that D intends to commit are not a crime. Here,

79
Q

Mistake of Law

A

A mistake or ignorance of the law, even if reasonable or on the advice of an attorney, is usually not a defense to any crime. Here,

80
Q

Entrapment

A

In order to claim a defense of entrapment, D must show the criminal plan originated with the G and D was not predisposed to commit the crime prior to the contact with the government. This is a difficult burden to meet. Here,

81
Q

Necessity

A

Necessity is available as a defense if the commission of a crime is reasonably necessary to avoid an imminent and greater injury to society from a natural force. However, necessity is not available if the crime committed results in the death o another D originally caused the circumstances giving rise to the necessity. Here,

82
Q

Duress

A

Duress is available as a defense to a crime that D committed under reasonable belief that the crime was necessary to prevent death or serious bodily injury to D or a member o D’s family, however, duress is NOT defense to homicide crimes. Here,

83
Q

Consent

A

Consent must be given freely by a party capable of consenting, however, consent of the victim is almost NEVER a defense unless the crime is a minor assault or battery, or requires non-consent as an element (rape). Here,

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