Criminal Law Flashcards

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1
Q

What are the elements of a crime?

A

Elements:

1) Physical act (actus reus);
2) Mental State element (mens rea);
3) Causation (actual and proximate cause); AND
4) Concurrence (mental state and physical act occur at the same time).

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2
Q

When is an Omission to act considered a crime?

A

1) The defendant had a legal duty to act;
2) The defendant had knowledge of facts concerning the duty to act; AND
3) It was reasonably possible for the defendant to act.

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3
Q

What does Causation require?

A

It requires both:

1) Actual causation (but for); AND
2) Proximate cause (it was foreseeable that the injury would have occurred from the defendant’s physical act).

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4
Q

What is a Superseding Intervening Cause?

A

It is a third-party’s act that breaks the chain of causation. This normally cuts off the defendant’s liability.

An act will ONLY break the chain if the force was:

1) Independent of the defendant’s wrongful conduct; AND
2) Not foreseeable.

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5
Q

What is the Simultaneous Acts Rule?

A

A person’s acts will still be the proximate cause of a resulting injury if his wrongful conduct created a condition of peril.

A wrongful act that accelerates death is still the legal cause of death, even if the person was going to die eventually.

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6
Q

Under the Common Law, what mental state categories were used?

Mental states under the Model Penal Code?

A

Common Law: Specific Intent, General Intent, Malice, & Strict liability.

MPC: Purposefully, Knowingly, Recklessly, & Criminal Negligence.

*Willful Blindness Standard: A person acts knowingly when they are aware that certain facts are highly probable OR are intentionally ignorant of them.

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7
Q

Murder
When is a Malice Aforethought killing established?

A

Upon a showing of:

a) An intent to kill;
b) An intent to inflict great bodily injury;
c) A reckless disregard of an extreme risk to human life; OR
d) An intent to commit an inherently dangerous felony under the felony murder rule.

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8
Q

Murder

Second Degree Murder

vs.

First Degree Murder

A

Second Degree Murder: The unlawful killing of a person with malice aforethought.

Malice aforethought: is established upon a showing of an intent to kill, an intent to inflict great bodily injury, a reckless disregard of an extreme risk to human life or an intent to commit an inherently dangerous felony under the felony murder rule.

First Degree Murder: Occurs when the killing was deliberate AND premeditated.

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9
Q

Murder
Murder under the Model Penal Code (MPC)

A

The killing of a person either:

a) Committed purposely/knowingly; OR
b) Recklessly under circumstances manifesting an extreme indifference to the value of human life.

*Recklessness and indifference are presumed if the killing occurred during the commission of or an attempt to commit a dangerous felony (Felony Murder Rule).

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10
Q

Murder

Felony Murder Rule

A

A person is guilty of murder if a person is killed during:

a) Commission of (or attempt to commit) a dangerous felony;

OR

b) Felony escape.

*Dangerous felony = robbery, rape, arson, burglary, kidnapping

*All participants of the crime will be found guilty.

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11
Q

What is Voluntary Manslaughter?

A

An intentional killing of a person with adequate provocation.

Adequate provocation is established if:

1) The defendant was provoked;
2) A reasonable person would have been provoked;
3) There was not enough time to cool off before the killing;

AND

4) The defendant DID NOT cool off before the killing.

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12
Q

What is Involuntary Manslaughter?

A

An unintentional killing of a person committed:

a) Recklessly;
b) Under the Misdemeanor Murder Rule;
c) During a non-dangerous felony; OR
d) Criminal negligence.

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13
Q

What is Manslaughter under the Model Penal Code (MPC)?

A

The killing of a person:

a) Committed recklessly; OR
b) Which would otherwise be murder, but is committed under the influence of extreme mental or emotional disturbance.

*The MPC doesn’t distinguish between voluntary/involuntary manslaughter.

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14
Q

What are the elements of Larceny?

A

The:

1) Trespassory taking,
2) And carrying away,
3) Of the personal property of another,
4) With the intent to permanently deprive the owner of the property.

*Larceny by Trick = when one obtains possession of another’s property by trick or deception.

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15
Q

How is a trespass defined under the Continuing Trespass Doctrine?

A

A trepass is considered continued until the intent to permanently deprive arises.

Thus, one is still liable for larceny EVEN THOUGH the intent to permanently deprive the owner of the property did not arise until after the taking.

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16
Q

What are the elements of False Pretenses?

A

It occurs when one:

1) Obtains title,
2) To personal property of another,
3) Through a known false statement of material fact,
4) With the intent to defraud.

*Opinion or commercial puffery is NOT false pretenses.

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17
Q

What are the elements of Embezzlement?

A

1) The fraudulent or wrongful,
2) Conversion,
3) Of personal property of another,
4) By a person with lawful possession of the property.

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18
Q

What are the elements of Receiving Stolen Goods?

A

When a person:

1) Receives possession of stolen property,
2) Who knows the property is stolen at the time of receiving it,

AND

3) With the intent to permanently deprive the owner of the property.

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19
Q

What are the elements of Robbery?

A

1) The trespassory taking and carrying away,
2) Of the personal property of another person,
3) In their presence;
4) By the use of force or threat of immediate physical harm,
5) With the intent to permanently deprive the owner of the property.

*Armed robbery requires the elements above, PLUS the use of a dangerous weapon.

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20
Q

What are the elements of Burglary?

A

Burglary is:

1) The breaking and entering,
2) Of a dwelling,
3) Of another,
4) At night,
5) For the purpose of committing a felony inside.

*Most jurisdictions have extended burglary to any structure at any time.

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21
Q

What are the elements of Extortion?

A

1) Illegally obtaining property;
2) Either by:

a. Force; OR
b. Threats of violence, property damage or exposing information.

22
Q

Under the Common Law, what are the elements of Rape?

A

1) The unlawful sexual intercourse,
2) Of a woman by a man (not her husband),
3) Without her consent.

*Under the common law, a husband could not be convicted of raping his wife. The modern definition now contains marital rape.

23
Q

Rape

When is there a Lack of Effective Consent?

A

When:

a) Actual force is used;
b) Threats of immediate great bodily harm are used;
c) The victim is incapable of consenting; OR
d) The defendant fraudulently caused the victim to believe that the act is not intercourse.

24
Q

Under the MPC, when is a man guilty of rape?

A

If:

a) He compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain, or kidnapping;
b) He has substantially impaired her power to consent by secretly drugging her;
c) The female is unconscious; OR
d) The female is under 10 years old.

*Deviate sexual intercourse is gender neutral and has the same elements as above.

25
Q

What are the elements of Statutory Rape?

A

1) The unlawful sexual intercourse,
2) With a person,
3) Under the age of consent, regardless of whether it’s against the person’s will.

*This is a Strict Liability crime.

26
Q

Battery vs. Assault

A

Battery: Unlawful application of force, directly or indirectly upon another person (or their clothes/belongings) that results in an injury or offensive contact. (General Intent Crime).

Assault is either:

a) An attempted battery; OR
b) The intentional creation of a reasonable apprehension of imminent bodily harm to a person.

27
Q

What are the elements of Kidnapping?

A

Kidnapping is:

1) Either moving, confining, or restraining;
2) Of another person;
3) Against that person’s will.

*Using fear or threats of force is sufficient.

28
Q

What are the elements of False Imprisonment?

A

The:

1) Unlawful,
2) Confinement of a person,
3) Against their will,
4) With knowledge that the restriction is unlawful.

MPC: Knowingly restraining another person unlawfully so as tosubstantially interfere with the person’s liberty.

29
Q

What are the elements of Arson?

A

The:

1) Malicious,
2) Burning,
3) Of a dwelling,
4) Of another.

*Under the Common Law, a person could not be convicted of arson if it was their own home.

30
Q

What are the elements of Criminal Possession?

A

It involves the unlawful possession of an item according to ajurisdiction’s statute.

To be found guilty, a person must have both:

1) Knowledge of the possession; AND
2) Knowledge of what the item is.

31
Q

When is a person guilty of Attempt?

A

If the person:

1) Had the specific intent to commit a crime; AND
2) Took an overt act sufficiently beyond mere preparation.

*Most states & the MPC require the overt act be a substantial step.

*The attempt merges with the underlying crime (can’t be convicted for attempt and the crime itself).

32
Q

What are the elements of Conspiracy?

A

1) An express or implied agreement between two or more people;
2) Intent to enter into the agreement;
3) Intent to pursue an unlawful objective; AND
4) The commission of an overt act in furtherance of the unlawful objective.

*Co-conspirators are liable for both the conspiracy itself AND all foreseeable crimes committed by other conspirators in furtherance of the objective.

33
Q

What are the elements of Solicitation?

A

A person is guilty if:

1) He requests another person to commit a crime;
2) With the specific intent that the crime be committed; AND
3) The other person receives the request.

*NO defenses once solicitation is complete.

34
Q

Who is an Accomplice?

What are they liable for?

A

An accomplice is a person who:

1) Aids, abets, or facilitates the commission of a crime; AND
2) Has dual intent (intent to assist and intent the crime is committed).

An accomplice is liable for ALL crimes he committed/assisted, AND all foreseeable crimes committed by the principal.

35
Q

What limitations exist to Accomplice liability?

A

First: Merely being present while a crime is committed will NOT create liability.

Second: A person cannot be convicted if they are a member of the class of persons protected by the criminal statute OR the crime inherently involves several types of participants and the person is not criminally liable under the statute.

Third: A minority of jurisdictions DO NOT allow accomplice liability for involuntary manslaughter.

36
Q

When is Withdrawal a valid defense to Accomplice Liability?

How is it accomplished?

A

It is valid ONLY if the accomplice withdraws involvement before the crime becomes unstoppable.

It can be accomplished by either:

a) Repudiating the encouragement given; OR
b) Neutralizing the assistance.

37
Q

When is a person guilty for Accessory After the Fact?

A

If that person knowingly aids a felon in escape from arrest, trial, conviction and/or punishment.

38
Q

When does the defense of Duress excuse adefendant’s conduct?

A

If the conduct was the result of:

1) A threat of imminent death or serious bodily injury,
2) To the defendant or another, AND
3) The defendant reasonably believed he was unable to avoid the harm by non-criminal conduct.

*Duress defense is NOT available for intentional killings.

39
Q

What are the four Insanity tests?

A

1) The M’Naghten test.
2) The Model Penal Code test.
3) The Irresistible Impulse test.
4) The Durham test.

*A defendant will be acquitted if he meets the applicable insanity test of his jurisdiction.

40
Q

Insanity

What is the M’Naghten Test?

A

A mental disease or defect that resulted in being:

a) Unable to know the wrongfulness of the conduct;

OR

b) Unable to understand the nature and quality of the acts.

41
Q

Insanity

What is the Model Penal Code Test?

A

As a result of a mental disease or defect, the defendant was:

a) Unable to appreciate the criminality of the conduct; OR
b) Unable to conform his actions to the law.

42
Q

Insanity

What is the Irresistible Impulse Test?

A

Defendant’s mental illness made him:

a) Unable to control his actions; OR
b) Unable to conform his actions to the law.

43
Q

Insanity

What is the Durham Test?

A

Defendant must show that his unlawful conduct was the product of mental illness.

44
Q

Justification – Self-Defense

Deadly Force

vs.

Non-Deadly Force

A

Deadly Force is justified when: (1) the defendant kills another on a reasonable belief, (2) that he was in imminent danger of being killed or suffering great bodily injury, and (3) the use of deadly force was necessary to defend against the danger.

Non-Deadly Force is justified when: (1) the defendant reasonably believes, (2) that he is imminent danger of being harmed, and (3) the force used is proportional to the harm threatened.

45
Q

When may an aggressor use self-defense?

A

If:

a) He withdraws from the altercation and communicates such intent; OR
b) The other person suddenly escalates the fight with deadly force and withdrawal is not possible.

46
Q

Justification – Self-Defense

What is Imperfect Self-Defense?

A

When the defendant kills another based on a good faith belief that:

1) She was in imminent danger of being killed or suffering great bodily injury; AND
2) The use of deadly force was necessary to defend against the danger; BUT
3) At least one of those beliefs was unreasonable.

*This can reduce a murder charge to manslaughter.

47
Q

Voluntary Intoxication

vs.

Involuntary Intoxication

(as a defense)

A

Voluntary Intoxication: ONLY a defense to specific intent crimes if it negates the state of mind required to commit the offense.

Involuntary Intoxication: A defense to ALL crimes if the defendant is deemed insane at the time of the offense.

48
Q

Defenses

Legal Impossibility

vs.

Factual Impossibility

A

Legal Impossibility: IS a defense. Occurs when the defendant’s acts would not have constituted a crime, even if the acts were as the defendant assumed.

Factual Impossibility: Is NOT a defense. Occurs when the defendant’s acts would have constituted a crime, BUT FOR a circumstance or fact unknown to the defendant.

49
Q

Defenses

Mistake of Fact

vs.

Mistake of Law

A

Mistake of Fact: Is a defense if it negates the state of mind required for the offense.

Mistake of Law (not knowing the activity was illegal): Generally, NOT a defense to a crime.

50
Q

What must a defendant prove to succeed with Entrapment as an affirmative defense?

A

That:

1) The police created the criminal environment; AND
2) The defendant was not predisposed to commit the crime.