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Criminal Law Flashcards

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1
Q

Mens Rea Transferred Intent, exception?

A

No transferred intent for an attempted crime

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1
Q

Attempt: AR & MR

A

AR - An act beyond mere preparation (1) CL proximity test asks whether D came DANGEROUSLY CLOSE to completing the crime (2) MPC & MD asks whether defendant made a SUBSTANTIAL STEP to completing the crime MR - Specific Intent

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1
Q

Homicide, Murder, Types of Malice

A

(1) Intent to Kill (2) Intent to inflict great bodily harm (3) Reckless indifference to an unjustifiably high risk to human life (depraved heart) (4) Felony Homicide

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1
Q

Homicide: Voluntary Manslaughter, Imperfect defense

A

If D kills victim with HONEST but UNREASONABLE belief victim was going to kill D, D is guilty of voluntary manslaughter, not murder

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1
Q

Rape: Consent/Withdrawal

A

V must be capable of giving consent –Can’t give consent if mentally incompetent, drugged, or unconscious –Withdrawal of consent post penetration can lead to rape

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1
Q

Parties to Crimes- Accomplice

A

Mens Rea: Accomplice must aid or encourage w/ intent that the principal commit the crime - mere presence at scene or mere knowledge does NOT prove accomplice liability Guilty of not only intended crime, but also reasonably foreseeable additional crimes. Can be guilty even if principal is not convicted

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1
Q

Insanity- MPC Test

A

D not guilty if as a result of mental disease lacks substantial capacity to appreciate what what he did was wrong or to conform his conduct to requirements of the law.

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1
Q

Larceny: Mens Rea Exceptions (3)

A
  • -Continuing trespass doctrine (Wrongful taking with no intent to steal can be larceny if intent formed later)
  • -D’s subjective belief that property belongs to D negates intent
  • -Property that is being held as security for legitimate debt is NOT larceny
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1
Q

Burglary: Mens Rea

A

Specific Intent (D broke and entered for purposes of committing a felony, which need not actually have been committed)

  • -Intent must exist at time of entry
  • -If no intent to commit a felony, only B&E
  • -In MD: Intent to commit ANY crime (not just a felony) is burglary
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2
Q

MD Consolidated Theft Statute: What Common Law Omissions Does it Add?

A

Services, improper use of another’s personal property

  • -defined as ANYTHING of value
  • -covers intent to deprive for ANY period of time
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3
Q

Mens Rea: Concurrent Intent (MD)

A

If D shoots multiple bullets at one victim who defendant intends to kill, D may be guilty of attempted murder of another person inside the “kill zone”

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3
Q

Defenses- Entrapment

A

Applies only to government conduct - intent to commit crime was created by gov’t action Predisposition test- Not avail if D was predisposed to commit crime - MD follows this Cannot deny crime and also argue entrapment

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4
Q

Defenses- Necessity

A

Choice of evils defense- D committed a crime to avoid greater immediate harm Honest, reasonable belief of need to act out of necessity is a valid defense, even if mistaken Does NOT apply to future harm

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4
Q

Burglary: What is a dwelling (Common Law AND MD)?

A

Common Law: Only places used regularly for sleeping
MD: Places used regularly for sleeping plus schools, public buildings, etc.

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5
Q

Conspiracy: AR & MR

A

AR - An agreement between 2 or more persons to accomplish a criminal or unlawful purpose, or to accomplish a lawful purpose by unlawful means; —–CL & MD do not require an overt act MR - Specific intent, the purpose of the agreement is to actually achieve the objective of the agreement

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6
Q

Rape: Sex induced by fraud

A

Fraud involving the nature of the act - no consent Fraud involving collateral matter - valid consent

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7
Q

Statutory Rape:

A

Sexual Intercourse with underage female –Consent of female is not a defense –Strict liability

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7
Q

Defenses- Duress

A

D not guilty of crimes committed under duress - does not apply to homicide Requires immediate infliction of death or serious bodily harm to D or 3rd person

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8
Q

Homicide: Manslaughter

A

Homicide without malice

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8
Q

Parties to Crimes- Protected Class Exception

A

Members of a protected class cannot be guilty as an accomplice - eg. 13 yr. old is not an accomplice to statutory rape when she encourages a 25 yr. old male to have consensual sex with her

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8
Q

Parties to Crimes- Withdrawal

A

To avoid conviction accomplice must neutralize earlier assistance - possible defense - eg. notify police, take back gun, warn victim

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9
Q

Homicide, Felony Murder - Definition

A

A homicide that occurs during commission of certain felonies is murder – Felony must be inherently dangerous —– MD, MRS. BAKER Felony must be independent of the killing

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11
Q

Battery: AR & MR

A

AR - Unlawful application of force resulting in bodily injury or offensive touching MR - General Intent

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12
Q

Insanity- Irresistible Impluse Test

A

Mental illness caused sudden urge to commit crime that could not be resisted

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12
Q

Elements of Larceny: Taking

A

Possession and control inconsistent with the rights of the true owner.

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13
Q

Homicide: 2nd Degree Murder

A

Any murder that is not 1st degree murder MD - Felony murder based on a non-MRS. BAKER felony

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14
Q

Embezzelment: Mens Rea

A

Specific Intent: D has the intent to permanently deprive, which must exist at the time of the conversion.

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15
Q

Involuntary Intoxication

A

When D is forced to use an intoxicating substance by duress, or w/o knowledge of intoxicating influence of the substance Complete defense if results in D satisfying insanity test.

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16
Q

Defenses- Duress MARYLAND

A

Duress can mitigate murder to manslaughter. Not available to gang members. Valid defense to felony murder if felony was committed under duress

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17
Q

Rape: Resistance and threat

A

Resistance is not required Threat of force must involve immediate, serious, bodily harm

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19
Q

MD Consolidated Theft Statute: What Crimes Does it Cover?

A

Larceny, Embezzelement and False Pretenses

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20
Q

Homicide: Felony murder - timing

A

Homicide must be during the commission of the felony —Escape is part of the felony —Commission of the felony is considered complete if felon reaches place of safety

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22
Q

Arson

A

Malicious burning of another’s dwelling - not merely items inside dwelling - need fire, not mere blackening, smoke or water damage - Mens rea: Malice MPC- intent can be proven by purpose, knowledge, or recklessness - Negligence not sufficient MD- Setting fire to any building, vehicle, boat or personal property - “of another” not required - “dwelling” expanded

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24
Q

Defenses- Self Defense and Defense of Others- MARYLAND

A

Duty to retreat unless in own home or victim of robbery Can protect a 3rd person if honest and reasonable belief of right of 3rd person to use self defense even if wrong.

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25
Q

Homicide or Fetuscide

A

Homicide if the baby is born alive, but dies from a prenatal injury If victim is never born alive it is fetuscide MD - Homicide if D attacks pregnant woman with intent (purpose) to kill unborn baby if viable at time of the attack

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27
Q

Homicide: Voluntary Manslaughter Adequate Provocation vs. Inadequate Provocation

A

Adequate: CL, but not MD finding spouse having sex with another Inadequate: Mere words

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29
Q

Solicitation: Defenses, Change of mind?

A

Not a defense

31
Q

Extortion: Definition

A

Obtaining the property of another by threat of violence or threat of economic harm to victim or another

  • -Threat need not be immediate (distinction from robbery)
  • -Threat to file civil lawsuit (even if frivolous): NOT extortion
  • -Threat to bring criminal charges unless $ paid: EXTORTION
32
Q

Homicide: Murder, MR

A

Malice

33
Q

Attempt: Defense, Abandonment

A

CL & MD - Once D has performed an act beyond preparation, abandonment of completing the crime is not a defense to attempt MPC - Abandonment is a defense if voluntary

34
Q

Mens Rea: MPC Negligently?

A

Always means Gross negligence: Failure to be aware of a substantial and unjustifiable risk

34
Q

Homicide: Involuntary Manslaughter

A

-Homicide by Criminal Negligence -Misdemeanor-manslaughter -MD: unlawful act

36
Q

Insanity- M’Naghten Test

A

D not guilty if has a disease of the mind that caused D to lack ability at the time of crime to know what he did was wrong or to understand the nature of his act

38
Q

Defenses- Defense of Property

A

Non-deadly force: can be used to protect dwelling if person reasonably believes such force is necessary to prevent or terminate another’s unlawful entry. Deadly force: Can be used to prevent entry into dwelling if reasonable belief that intruder intends to commit a felony in the dwelling resulting in death or great bodily harm - only if deadly force is unavoidable and not excessive

39
Q

Elements of Larceny: What is NOT Personal Property?

A

NOT:

  • -Services (getting a haircut then leaving without paying)
  • -Real property (EXCEPTION: Severing object from real property makes it personal property- taking this IS larceny)
  • -Intangibles (watching a movie without paying)
40
Q

6 Elements of Larceny

A

Taking, Personal Property, of Another, Asportation, Trespass, Intent to Steal

41
Q

Rape: AR &MR

A

AR - Sexual intercourse by force or threat of force, and without consent –Vaginal/penal penetration

41
Q

Robbery: Definition

A

Larceny by force or threat of force

  • -Force or threat of force MUST be the reason the victim handed over the property (NOT pickpocketing/purse snatching)
  • -Force/threat of force to achieve escape sufficient
43
Q

6 Elements of Common Law Burglary

A

(1) Breaking and (2) entering the (3) dwelling (4) of another (5) in the nightime (6) with the intent to commit a felony therein

44
Q

Solicitation: Actus Reus & Mens Rea

A

AR - inducing, urging, commanding another to commit a felony MR - Purpose - actual desire that the other person commit the FELONY – Specific Intent

44
Q

Homicide: AR & Definition of Death

A

AR - The killing of a human being Death - Either (1) Irreversible cessation of circulation and respiration, or (2) Irreversible cessation of all brain functions

45
Q

Homicide: 1st Degree Murder - AR

A

Most Statutes: Poison, torture, lying in wait, felony-murder, or if murder was premeditated and deliberate MD: Poison, lying in wait, premeditation, deliberate, MRS. BAKER Felony-murder

47
Q

Mayhem

A

Dismemberment or disablement of a body part

48
Q

Robbery: What constitutes a threat of force and who may be impacted?

A
  • -Must be of immediate death or serious injury to victim, victim’s family member, or person in victim’s presence
  • -Fear must be reasonable
49
Q

Homicide: Voluntary Manslaughter AR & MR

A

Homicide is intentional, but D was provoked to kill (subjective test) by an event that would arouse sudden and intense passion in a reasonable (objective test) person No cooling off period

50
Q

Mens Rea: Transferred Intent?

A

If D had the required mens rea as to one victim, this mens rea is proven as to any other victim

51
Q

Voluntary Intoxication

A

May negate the CL mens rea of specific intent crimes - Will not negate mens rea for general intent, malice or strict liability crimes - Under MPC it would negate purpose or knowledge, but not recklessness or negligence.

53
Q

Homicide: Felony murder - Police kill bystander

A

D did not commit felony murder MD hostage/human shield exception: D is guilty of felony murder if he uses a hostage as a human shield on police shoot and kill the hostage

54
Q

Bigamy

A

Being married to more than one person at same time –Strict liability

56
Q

Defenses- Infancy

A

CL: if at time of crime, D was younger than 7yo- not guilty - if between 7 & 14yo- rebuttable presumption that D was not capable of knowing wrongfulness of conduct. - Over 14- treated as adult MD: Over 18 yo- adult for all crimes - Between 14-18yo- subject to transfer to juvenile ct.

57
Q

Jurisdiction

A

Conduct by D or harm to victim must have been w/in that state.

58
Q

False Pretenses: Definition

A

Obtaining title to another’s property by making a false statement of past OR present (but not future) fact with specific intent to defraud the other person, and reliance by the other person.

  • -Payment of cash: Transfer of title
  • -Obtaining only possession = larceny
59
Q

Solicitation, Merger?

A

Merges with the Completed Crime and with Conspiracy D cannot be guilty of solicitation and other crimes

60
Q

Void for Vagueness?

A

A crime cannot be void for vagueness. It must provide: 1. Notice and 2. Limits on police discretion to avoid arbitrary enforcement

62
Q

Attempt: Defense, Impossibility

A

Not a defense

64
Q

Surveillance and Wiretapping

A

MD ONLY Criminal invasion of privacy. All parties must consent to recording.

65
Q

Not Competent to Stand Trial

A

D cannot be put on trial if: 1. unable to understand the nature of the proceedings against him; OR 2. is unable to assist his lawyer in preparation of a defense D can be tried at a later date if becomes competent Focus is time of trial, not time of crime

66
Q

False Pretenses: Mens Rea

A

Specific Intent: D’s purpose in making the false statement was to defraud the other person. D must KNOW the statement is false.

67
Q

Embezzelment: Definition

A

Fraudulent conversion of another’s personal property by a person in lawful possession of that property

  • -Must be inconsistent with the trust arrangement by which the D has been given lawful possession
  • -No personal gain required
68
Q

Larceny: Mens Rea

A

Specific Intent: D has the intent to permanently deprive, which must exist at the time of the taking.

69
Q

Burglary: Nighttime requirement (CL vs. MD)

A

Common Law: Burglary only if all events occured at nightime
MD: Burglary can occur regardless of day/night

70
Q

Parties to Crimes- Common Law

A

Principal in first degree- commits actus reus Principal in second degree- aids or encourages and is present at scene Accessory before the fact- aids or plans crime, but not present at scene Accessory after the fact- helps felon escape ALL ARE GUILTY OF SAME CRIME

71
Q

Solicitation, Defense, Protected Class Exception?

A

Yes – An underage girl who urges older male to engage in sexual relations is not guilty of solicitation

72
Q

Mens Rea: CL Specific Intent?

A
  1. Intent to commit the act 2. Intent to commit the crime
73
Q

Defenses- Entrapment- Minority

A

Rejects predisposition test, and instead asks whether gov’t conduct would REASONABLY be likely to cause an innocent person to commit the crime

75
Q

Conspiracy: Limit Liability for Co-Conspirators

A

A conspirator can limit his liability for crimes committed by other members if he withdrawals Withdrawal - Requires affirmative act that notifies all members of the conspiracy in time for them to abandon their plans

76
Q

What are the CL Mens Rea?

A

Specific intent Malice General intent Strict Liability

78
Q

Attempt: Strict Liability?

A

Requires specific intent to commit a strict liability crime

79
Q

Assault: AR & MR

A

(1) Attempted battery or (2) intentional creation of reasonable apprehension of imminent bodily harm other than by mere words MD - Assault includes the crime of battery

80
Q

Solicitation: Who commits the crime?

A

The person making the solicitation – the felony is not committed by the other person

81
Q

Homicide: Felony murder - underlying felony

A

D must be guilty of the felony to be guilty of the felony murder

82
Q

Defenses- Insanity

A

Must be insane at time of the crime MD: MPC test and requires D to prove insanity by preponderance of the evidence Defense to all crimes, including strict liability crimes. Don’t use on exam unless obvious

83
Q

Battery: Defense?

A

Consent is a valid defense

84
Q

When must Mens Rea and Actus Reus exist?

A

They must occur at the same time the crime is committed

85
Q

CL Burglary: What constitutes entry?

A 
Entry is (1) by any body part of D, or (2) by an instrument, but ONLY if the instrument used to commit the felony
 --EX:  Bullet used to open lock where D seeks to steal jewelry (NO entry by bullet); Bullet shot into room for purposes of killing occupant (ENTRY by bullet)
86
Q

Mens Rea: MPC Purpose?

A

Actual desire, or without intent

87
Q

Homicide: Felony murder - death of co-felon

A

Felon is not responsible for felony murder if his co-felon dies

88
Q

Parties to Crimes- Modern Approach

A

Principal: person who commits actus reus Accomplice: encourages or plans crime whether at scene or not Both are guilty of same crime Persons who help felons escape are guilty of obstruction of justice or harboring a fugitive

89
Q

Defenses- Self Defense & Defense of Others

A

Person who is NOT at fault is entitled to use reasonable force to protect himself or 3rd person (doesn’t have to be family) from the imminent use of unlawful force. - reasonable force CAN include deadly force if person reasonably believes imminent death or great bodily harm will result w/o deadly force NO duty to retreat even if deadly force is used in self-defense.

90
Q

Conspiracy: Wharton Rule

A

If by definition the substantive crime requires 2 persons, there is no crime of conspiracy to commit this crime unless additional persons agree – adultery

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