Criminal Law Flashcards
1
Q
**felony murder crimes (ie most common felonies)
A
BARRK (Burglary, Arson, Rape, Robbery, and Kidnapping)
‘dangerous felonies’ = felony-murder
2
Q
**which are the specific intent crimes?
A
FIAT (car, intent to drive)
First-degree murder
Inchoate crimes (conspiracy, attempt, solicitation)
Assault w/ attempt to commit battery
Theft offenses (larceny, embezzlement, forgery, burglary, robbery)
MPC: statute with “purposely”
3
Q
Defenses available only for specific-intent crimes
A
voluntary intoxication, unreasonable mistake of fact
4
Q
**Malice crimes
A
malice = reckless disregard (tossing dud fireworks into grill, even if u didnt intend them to catch house on fire)
arson, murder
MAlice
I AM certain
arson, murder
5
Q
Common Law
specific intent (FIAT), general intent (just intent to do an act), or strict liability?
“with intent to…” =
“knowingly or recklessly” =
no Mens Rea language =
A
“with intent to…” = specific intent crime
“knowingly or recklessly” = general intent crime
no Mens Rea language = strict liability
6
Q
MPC hierarchy of mental states
A
Party of Korean
1) Purpose—highest level of culpability (specific intent)
2) Knowledge
3) Recklessness
4) Negligence—lowest level of culpability
7
Q
inchoate crimes
A
inChoATe crimes
CATS = conspiracy, attempt, solicitation
8
Q
MPC conspiracy differences
A
MPC requires overt act, but needs only 1 person to agree (helps law enforcement go undercover)
9
Q
robbery = __ + __
A
larceny + assault (IF - force/intimidation when taking it from the person/presence)
Rob = LA
10
Q
for felony-murder, the robbery/etc. [can / cannot] have only been attempted
A
can
11
Q
battery [does / does not] merger into robbery
A
does
12
Q
does common law require burning of the dwelling?
A
yes
13
Q
Common-law burglary
A
the breaking and entering of the dwelling of another in the nighttime with the specific intent to commit a felony
14
Q
**attorney gained possession of the necklace through fraud [lied to client that atty was required to hold it] with the intent to sell it. which crime was committed?
A
larceny by trick: through fraud, obtains possession but NOT title. so if you gain possession AND title, then it’s NOT larceny by trick
15
Q
**false pretenses requires obtaining __ of the property by fraud
A
title (“it’s literally yours now”)
16
Q
A defendant who fails to commit the underlying felony [can / cannot] be guilty of burglary + attempt to commit the underlying felon
A
can :O
burglary = breaking/entering at night w/ intent to commit felony (eg larceny)
but attempted larceny (attempt = substantial step) + burglary (merely the INTENT to commit the larceny once you enter, not necessarily a substantial step) is okay
17
Q
factual impossibility [is / is not] a defense to the crime of attempt
A
is not
18
Q
A mistake of fact [is / is not] a defense to a specific-intent crime, even if the mistake is unreasonable, because it negates the element of mens rea
A
is. “I legit thought it was a safe plant, NOT ricin - so I did NOT intend to kill my parents even though I did - so can’t be guilty of first-degree murder”
19
Q
voluntary manslaughter
A
V(ictoria) = heat of passion + MA (malice aforethought)
20
Q
involuntary manslaughter
A
IN -> NEG
not intentional but criminal NEGLIGENCE - unintentional homicide committed with criminal negligence or during an unlawful act (eg assault)
(grossly negligent action that puts another person at a significant risk of serious bodily injury or death)
21
Q
assisted suicide
A
the dead person committed the act itself
22
Q
does common law murder include reckless disregard for human life?
A
yes, that’s malice, depraved heart
common law murder = unlawful killing + malice aforethought. “Malice aforethought” includes reckless indifference to an unjustifiably high risk to human life.
23
Q
conspiracy
A
AI (artificial intelligence conspiracies)
agreement + specific intent to commit target offense
24
Q
solicitation
A
reach out + command/encourage
25
is swatting your kid in the butt at the store considered battery?
no. the use of reasonable force in the exercise of parental authority (i.e., discipline) by a parent or by a person in charge of a child is justified if exercised for the benefit of the minor child (e.g., to improve their behavior) (whether there's a mark is irrelevant)
26
does exerting dominion over GF's watch and carrying it away, even a few steps inside bedroom, count as larceny if you intend to permanently take it (but ultimately returned it in morning?)
yes, even a few steps after exercising control meets the "taking and carrying away " requirement
27
assault WITHOUT an attempt to commit battery [does / does not] require specific intent
does not; with this assault, you only wanna cause apprehension, general intent
28
At *common law,* can a conspirator be convicted of conspiracy if all other conspirators are acquitted at the same trial?
no, because there must be more than one conspirator to have a conspiracy in common law
29
“Pinkerton Rule”
PR - disaster - things go wrong
says that every co-conspirator is guilty of any foreseeable substantive offense committed in furtherance of the conspiracy, regardless of actual knowledge of its commission.
30
a prosecution need only prove the ___ of a conspiracy when the other conspirators are never tried or apprehended
existence
31
does solicitation merge with the other crime?
yes, so it's not a separate conviction (unlike conspiracy)
32
is gardener guilty of larceny if he intended to steal plants and did take the plants, even though they were (unknowingly) free?
yes, because he took and carried away the property of the garden center with the INTENT to steal
33
if a man fraudulently tells a woman that she'd get cured of disease if she had sex with him, and she consents, is that rape?
no because fraud is okay to get consent
34
larceny - when does the intent to permanently deprive have to exist?
at the time of the taking; can't first develop it later
35
burglary = dwelling or commercial too?
common law = dwelling (home) only
modern = commercial too
36
can you use deadly force in response to rape attempt?
yes
Deadly force may be justified in self-defense only when it is reasonably necessary to prevent death or serious injury, or to prevent the commission of a serious felony involving a risk to human life.
37
Under the majority view, is retreat required even when deadly force is used in self-defense?
no
38
enraged man hits neighbor on head with hammer after neighbor broke his TV. could this be murder?
could be. At common law, a defendant could be convicted of murder not only for an intentional killing, but also for causing another's death by actions intended to cause serious bodily injury short of death.
39
under the agency theory of felony murder, is a felon liable for the death of a bystander caused by a police officer?
no, because the officer is not the felon’s agent.
40
under the majority approach to accomplice liability, can an accomplice may be convicted of a crime even if the principal is not tried, is not convicted, has been given immunity from prosecution, or is acquitted?
yes - modern: you're fucked; old: if principal isn't guilty, you can't be either
41
attempt = __ + ___
attempt = intent + substantial step
42
Under the conspiracy majority rule, is withdrawal possible b/t the agreement date and the overt act (eg buying a gun, or lying in wait)?
yes
43
At common law, could a person who sets fire to his own residence be guilty of arson?
no
44
Can a person use deadly force to prevent or terminate forcible entry into a dwelling if the occupant reasonably believes that the intruder intends to commit a felony inside?
yes :O
45
if steeling from a thief considered larceny?
yee
46
can you be convicted of both solicitation and attempted kidnapping? Solicitation usually merges in the completed crime, but does it merge into the attempt crime?
can't be convicted of both, because inchoate crimes (except conspiracy) also merge into ATTEMPTED crimes
47
does larceny count as felony murder if larceny is considered a felony in the jurisdiction?
no. BARRK only
48
does felony murder require intent to kill?
no
49
is a killing that occurs during a defendant’s *flight* from the scene of a crime liable under felony murder?
yes
50
does double jeopardy attach when a magistrate finds insufficient evidence at preliminary hearing?
no, just like grand jury
51
what do you need before heat of passion to trigger voluntary manslaughter?
a provocation
52
does transferred intent apply to first degree murder?
yes
53
may a court disqualify an attorney where there is a serious potential for a future conflict of interest, yet the defendants waive?
yes
54
Independent verification of a tip from an unknown source is one way to show probable cause in a search warrant. But...
independently verifying this tip without getting a search warrant would not have made this search constitutional.
55
if having sex with a minor = rape, and a man tries (but doesn't) to have sex with a girl who he thought was 18 but wasn't, can he be guilty of attempted rape?
no because ATTEMPT is a specific intent crime -- he didn't specifically intend to have sex w/ a minor because he thought she was 18
56
is being in a high-crime area and running away as soon as you see the police enough for a Terry stop?
yes :O (Terry = reasonable suspicion only). but NOT enough to arrest them (need PC in public)
57
person throws cocaine into bush before being stopped. can police collect it? why / why not?
yes, abandoned property, no privacy expectation
58
can assault with a deadly weapon (the weapon that kills the person) be the underlying felony for felony murder?
no because the underlying felony would be the same felony that caused the murder--felony must be separate and apart from the actions that cause the death
59
is this larceny? taking something but intending to return it, then later deciding to permanently keep it
yes larceny. continuing trespass theory -> becomes larceny when you change your mind to keep it
60
**M'Naughten test for insanity
M'Naughten = M, N = moral, nature
insane if D doesn't understand the nature of the crime, OR doesn't understand right from wrong (moral) (when act was committed)
61
Durham test for insanity
was criminal act a product of *mental illness/defect*
| remember: colleges (Durham) -> mental illness
62
is this larceny or attempted larceny? -> enter museum with intent to steal a painting, but the painting you took is a copy, and (unknowingly to you) free copies are available near entrance
larceny. taking and carrying away something without consent with the intent to permanently deprive them of it. factual impossibility is NOT a defense
63
transactional immunity
*completely* protects W from future prosecution for crimes related to his testimony
64
what kind of immunity satisfies privilege against self incrimination?
use and derivate use immunity (but..if prosecutor separately finds evidence substantiating the supposed crime, *independently* of the testimony, then may be prosecuted for the crime :O
65
how can a grand jury COMPEL production of testimony (eg diary)?
grant use and derivate use immunity - protects privilege against self incrimination
66
does making an agreement with an undercover cop to get cocaine w/in 10 days to sell to the undercover cop constitute attempt to possess drugs?
no, agt itself isn't enough for attempt -- need to take steps toward obtaining (or MPC: substantial step).
An agreement to commit a crime can't constitute *attempt*
67
a woman lied to a gallery about being a museum agent in order to get back a painting she believed was hers. she never paid. guilty of false pretenses?
no. she obtained title by false misrepresentation BUT not with intent to defraud. because it's a specific intent crime, even an unreasonable mistake suffices (because they never had the intent)
68
Police, without a warrant, arrest lady at home. Dismiss indictment?
no because an unlawful arrest doesn't invalidate an indictment. only invalidates evidence found (fruits)
69
man lies that he's mayor's son in order to try on watch outside, then leaves and never returns it. guilty of larceny or false pretenses
larceny (by trick) be he only gained possession (by stealing) and not title
70
does proof of malice require proof of a specific intent to kill/harm?
no, it can be implied from gross recklessness to human life (eg shooting non-deadly pellets, even if you think it'll be non-deadly, it's still grossly reckless)
71
does someone's status as a trespasser automatically allow the homeowner to inflict serious bodily harm?
no
72
when is it improper to grant judgment of acquittal for insufficient evidence
if there's ANY debate as to whether there's enough evidence, then the guilt is up to the jury, and D isn't entitled to court-ordered acquittal
73
what's the mens rea requirement for an offense that doesn't list one?
intent to commit the crime
to avoid strict liability offenses, the court presumes intent (to commit the crime) is required for laws w/ heavy fines/long imprisonment (eg 1K/1yr)
Example statute: "it's a violation to [knowingly] remove a state warning sign" (if D didn't honestly believe that the sign belonged to the state because it was in the trash, then D wins. avoid SL). if not, govt could F over everyone
74
is it permissible to use a non-testifying co-defendant's (D1) confession against D2, w/o providing D2 the chance to confront D1 about the confession?
no, violates Confrontation Clause
75
potential felony-murder, but owner died from heart attack while being tied up AFTER D was caught while trying to leave apt complex. felony murder?
yes: his death was a *foreseeable result* of the felonies -- he died because of the felonies
76
when asked "D is guilty of which crimes?" does this implicate merger?
no. merger only applies when it asks about *convictions.* Guilty just means what did he commit
77
D's honest but unreasonable belief that deadly force was necessary gives him, at best, __ self-defense, which will only mitigate the killing to __
imperfect, which will only mitigate the killing to manslaughter
78
if police "suspect that X had committed a serious of burglaries," but that's all we're told, is there probable cause?
no
79
if silverware is legally the man's, but wife would object to him selling it, would the man allowing someone to take the silverware be larceny?
no because it's legally the man's and he consents to the taking
80
is vicarious liability limited to employee-employer relationships?
no, so if professor had directed students to perform experiment, professor could be liable despite no employer-employee relationship
think: is THAT the reason this question is wrong?
81
does man threatening neighbor that he'll be meet with accidents if they sell their house to POC = assault?
no, verbal threat alone isn't ASSAULT; even if D felt fear, D must have apparent PRESENT physical ability to complete threatened battery (eg initiate overt act)
82
during a custodial interrogation, once a D requests a lawyer, what must cops due?
cease questioning (no deliberate attempts to get incriminating statement, including arranging mtg b/t child/parents and secretly recording, bc = interrogation), until access to lawyer is provided or a valid waiver is obtained
83
if cops have legit probable cause to enter home suspected of drug dealing (after validly finding drugs on guy outside), can they immediately go and enter the home based on that PC?
no, must get warrant, or homeowner's consent (valid/intelligent)
84
does conspiracy to commit larceny require intent to steal?
yes because conspiracy = agt to commit crime + INTENT to achieve agt's objective
85
is withdrawal a defense to conspiracy?
no, maybe for subsequent crimes (the larceny itself), but not for the CONSPIRACY (agt + intent to commit act)
86
does Fifth Amendment privilege against self incrimination apply to the compelled production of documents?
NO! contents of records are voluntarily prepared
so you cannot use 5A to shield you from subpoena requiring doc production
87
does a person have a reasonable expectation of privacy in the bank records of their account?
no :O cops don't need warrant
88
does assault count for felony murder?
no: BARRK = arson, burglary, rape, robbery, kidnapping
89
is D entitled to attorney (6A) at initial appear before magistrate in which he was notified of the charges and told that counsel would be appointed for him the next day?
no :O
90
today: magistrate notifies D of the charges
next day: D ID'd in lineup w/o counsel
third day: D's arraigned on the charges
was ID w/o counsel okay?
no because after he was notified of the charges, he can't be ID'd in lineup w/o counsel
91
misdemeanor-manslaughter rule
permits involuntary manslaughter for misdemeanor offenses
92
Once police have probable cause, is everything inside the car that could conceal the item they’re looking for considered fair game?
yes, including passenger's purse
but if passenger exited vehicle before cops stopped the car, then can't search that person if they're outside
93
is 'substantial step' needed for conspiracy?
no, conspiracy requires overt act (like giving 25K to undercover cop to kill another) though mere preparation usually enough
'substantial step' is only for ATTEMPT under MPC
94
once property is in the hands of the police, is it still considered stolen in that moment?
no
95
**MPC insanity test
insane if she can't conform her conduct to the requirements of the law (powerful and irresistible compulsion to kill)
96
does taking woman's purse from seat next to her then pushing her on way out = assault?
yes, doesn't matter *when* forced was used
97
solicitation merges with what?
the principal crime
98
------------------
| 9/14
------------------
99
must D be present at every trial stage, including jury impanelment?
yes
100
is legal impossibility a defense to an attempt charge?
eg in this jdx, to commit arson, u must burn the house of ANOTHER; man tried burning own house. attempted arson?
it's a defense; no attempted arson here because *legally* impossible
101
is unbuttoning the drunk victim's vest sufficient for "force" for robbery?
no
102
"D forced a woman to telephone her maid to tell the maid to bring certain jewelry to the hotel. D locked the woman in the bathroom while he accepted the jewelry from the maid when she arrived." robbery?
yes because he FORCED the woman to have the jewelry brought to him and then LOCKED HER in the bathroom -- the use of force or threat of force was necessary to help him w/ the taking of her jewelry
103
**is a traffic stop considered custodial?
no because temporary and not as inherently coercive
104
if answer choice includes "propensity"
then don't choose it
105
what intent is needed for attempted murder?
specific intent to commit murder
so intending to drive close to co-worker to scare him is not ATTEMPTED murder because you're not attempting to kill
106
months into trial, judge calls mistrial because mother in law is sick. can D be tried again?
no because there wasn't a manifest necessity for the mistrial
jeopardy begins when jury is emplaned and sworn. can't be tried again (unless manifest necessity for a mistrial)
107
can an accessory be guilty of a higher crime than the principal?
yes
108
attempt requires..
specific intent (so recklessness isn't enough) + substantial step
109
for robbery against u, is holding gun to wife's heading then taking your money enough to qualify?
yes, because the threat of force can be against another person
110
is slapping someone enough for adequate provocation, which = involuntary manslaughter?
possibly yes
