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Criminal Law & Procedure > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

Murder

A

Murder is the intentional killing of a human being by another with malice aforethought (without excuse, justification, or mitigation).

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2
Q

First-Degree Murder

A

First-degree murder includes muder with premeditation and deliberation and felony murder.

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3
Q

First-Degree Murder: Premeditation & Deliberation

A

The intentional killing of a human being by another without excuse, justification, or mitigation and with premeditation and deliberation.

  • Premeditation–actually thought about it
  • Deliberation–cool headed/cold blooded
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4
Q

First-Degree Murder: Felony Murder

A

Felony murder is the killing of a human being by another during the course of an inherently dangerous felony.

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5
Q

Felony Murder: Inherently Dangerous Felony (Common Law)

A

MRS. BAKER
Mayhem
Rape
Sodomy

Burglary
Arson
Kidnapping
Escape
Robbery
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6
Q

Felony Murder: Inherently Dangerous Felony (Maryland)

A

MRS. BAKER + Carjacking and explosives-related crimes.

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7
Q

Second-Degree Murder

A

Second-Degree Murder includes intentional (but not premeditated and deliberated) murder and depraved-heart murder.

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8
Q

Second-Degree Murder: Intentional Killing

A

Second -degree murder is the intentional killing of a human being without excuse, justification, or mitigation with the specific intent to kill or cause serious bodily injury.

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9
Q

Second-Degree Murder: Depraved Heart Murder

A

The UNintentional killing of a human being which results from an act done with wanton and willful disregard of an unreasonable risk to human life.

  • must be extreme gross negligence
  • must create a high degree of risk of death or serious bodily injury (ex: playing Russian Roulette)
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10
Q

Manslaughter

A

Mitigated killings; includes both voluntary (intentional) and involuntary (no intent to kill or injure).

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11
Q

Voluntary Manslaughter

A

Voluntary manslaughter includes both heat of passion or imperfect defenses.

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12
Q

Voluntary Manslaughter: Heat of Passion

A

The intentional killing of another while in the heat of passion caused by legally adequate provocation.

  • the passion must be actual and reasonable
  • def did not have time to cool off subjectively and objectively
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13
Q

Heat of Passion: Legally Adequate Provocation

A

Legally adequate provocation is provocation sufficient to arouse sudden and intense passion in the ordinary person. A legally accepted reason for killing, which is not a justification or excuse, but mitigates the killing.

  • attempted battery
  • mutual combat
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14
Q

Voluntary Manslaughter: Imperfect Defenses

A

The intentional killing of a human being under the honest but unreasonable belief that s/he is facing an imminent attack involving deadly force.

This defense will mitigate a killing from murder to voluntary manslaughter where a person has an honest but unreasonable belief that deadly force is necessary to defend another person from a deadly attack.

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15
Q

Involuntary Manslaughter

A

An UNintentional killing that is nonetheless criminal; either criminal negligence or misdemeanor manslaughter.

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16
Q

Involuntary Manslaughter: Criminal Negligence

A

An UNintentional killing that results from criminal (gross) negligence.

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17
Q

Involuntary Manslaughter: Misdemeanor Manslaughter

A

The killing of a human being caused by another during the course of a malum in se misdemeanor.

  • intent is not an element.
  • in MD, the underlying misdemeanor must involve a wanton and reckless disregard for human life.
  • death must be a natural or foreseeable consequence (proximate cause) of the underlying misdemeanor.
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18
Q

Defense: Self-Defense

A

Killing under the honest and reasonable belief of imminent danger.

  • proportionality requirement: must use reasonable force, meet non-deadly force with non-deadly force.
  • cannot be the aggressor
  • MD: duty to retreat if you can do so safely
  • Castle doctrine: not required to retreat in your own home.
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19
Q

Common-Law Larceny

A

Wrongful taking an carrying away of personal property of some value of another with intent to permanently deprive.

  • value does not have to be monetary
  • you CAN steal something that is itself illegal (i.e., can steal someone’s illegal drugs).
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20
Q

The Three NOTs of Larcency

A
  1. If at the time of the taking, def intents to return property to owner, it is NOT larceny.
  2. If def mistakenly believes that she owns the property, it is NOT larceny.
  3. If def mistakenly believes that owner owes property to def, it is NOT larceny.
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21
Q

Common-Law Embezzlement

A

The fraudulent conversion of the tangible personal property of value of another after the def has obtained lawful possession with the specific intent to permanently deprive.

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22
Q

Common-Law False Pretenses

A

False pretneses occurs when def, with specific intent to defraud, obtains titled to the personal property of another by knowingly making a false representation of a material fact which causes the victim to pass title to def.

*owner must pass title/ownership over to defendant

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23
Q

Common-Law Receiving Stolen Goods

A

A defendant receives stolen goods when he knowingly receives stolen property with the specific intent to permanently deprive the owner of his property.

*once police take custody of goods, they are no longer stolen.

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24
Q

Maryland Theft Statute

A

All common-law theft crimes are THEFT in Maryland: the taking of the property of another with intent to deprive.

  • taking can be accomplished by physical taking, receiving, deception, or keeping identifiable lost items.
  • property is expanded beyond personal property to include documents, service rentals, and real property.
  • $0-$999= misdemeanor/ $1000+ = felony.
  • intent to deprive need NOT be permanent
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25
Q

Common-Law Robbery

A

Larceny by force or threat of force from the person or presence of another.

*force or threat must cause victim to give up property.

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26
Q

Maryland Robbery

A

Larceny by force or threat of force from the person or presence of another.

  • force or threat must cause victim to give up property.
  • remember, in MD, definition of property is explanded and intent to deprive need NOT be permanent.
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27
Q

Maryland Robbery w/ Dangerous & Deadly Weapon

A

Larceny by force or threat of force from the person or presence of another while employing a dangerous weapon or a written threat of a dangerous weapon.

  • deadly weapon–any weapon likely to cause death or serious bodily injury.
  • includes penknives and things that are NOT deadly weapons under deadly weapon statute.
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28
Q

Maryland Carjacking

A

The taking of unauthorized possession or control of a motor vehicle from another individual who actually possesses the motor vehicle, by force or violence, or by putting that individual in fear through intimidation or threat of force or violence.

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29
Q

Maryland Armed Carjacking

A

The taking of unauthorized possession or control of a motor vehicle from another individual who actually possesses the motor vehicle, by force or violence, or by putting that individual in fear through intimidation or threat of force or violence while employing or displaying a deadly weapon.

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30
Q

Common-Law Assault

A

Either:

(1) Attempted Battery-Type: general attempt to cause unauthorized offensive touching of another. Victim need not be aware of attempt.
(2) Intentionally placing another in fear of an imminent battery. Must have intent to frighten victim and victim must be aware.

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31
Q

Common-Law Battery

A

The intentional or negligent unauthorized touching of another.

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32
Q

Maryland Second-Degree Assault

A

Common-law assault OR battery. Includes assault on a police officer.

33
Q

Maryland First-Degree Assault

A

Second-degree assault either (1) with a firearm; or (2) with specific intent to cause serious bodily injury.

34
Q

Maryland Reckless Endangerment

A

Any conduct that creates a substantial risk of death or serious physical injury, where the risk is known or should be known by the actor.

35
Q

Common-Law Rape

A

Unlawful sexual intercourse by a male with a female by force or threat of force without her consent.

*requires some penetration of vagina.

36
Q

Common-Law Statutory Rape

A

Sexual intercourse by a male with a female who is under the age of consent.

*strict liability crime. Neither consent nor honest and reasonable mistake of age is a defense.

37
Q

Maryland Telephone Misuse

A

Making anonymous calls, repeated calls, OR obscene comments over the phone with the specific intent to annoy, harrass, etc.

38
Q

Maryland Stalking

A

A pattern of conduct that includes approaching or pursuing another with the specific intent to place that person or another in reasonable fear of death or serious bodily injury.

39
Q

Maryland Harrassment

A

A pattern of conduct in a public place without a lawful purpose with specific intent to annoy, harrass, etc. another after a reasonable warning to desist.

40
Q

Common-Law Burglary

A

The breaking and entering of the dwelling house of another in the nighttime with intent to commit a felony.

  • dwelling house = adapted for sleeping
  • breaking/entering can be actual (breaking a window) or constructive (by fraud, trickery, deceit, force or threats).
  • merely walking through an open door or window (without moving or touching the door) is not breaking.
41
Q

Maryland First-Degree Burglary

A

The breaking and entering of the dwelling house of another with the intent to commit a theft or crime of violence.

42
Q

Maryland Second-Degree Burglary

A

The breaking and entering of the storehouse of another with the intent to commit a theft, crime of violence, or arson.

*storehouse = non-dwelling structure.

43
Q

Maryland Third-Degree Burglary

A

The breaking and entering of the dwelling house of another with intent to commit ANY crime, usually a misdemeanor.

44
Q

Maryland Fourth-Degree Burglary

A

Three Types:

(1) The breaking and entering of dwelling or storehouse with NO intent;
(2) Being on premises of another with intent to commit theft (NO breaking or entering); or
(3) Possession of burglar tools with intent to commit theft.

45
Q

Common-Law Arson

A

Intentionally burning the dwelling house of another.

  • burning = some charring
  • dwelling house = adapted for sleeping
  • of another; cannot arson your own home.
46
Q

Maryland First-Degree Arson

A

Intentionally burning a dwellling or other structure with a person(s) in it.

  • includes def’s own home
  • dwelling includes outbuildings close to home.
47
Q

Maryland Second-Degree Arson

A

Intentionally burning a non-dwelling structure.

*includes cars, boats, etc.

48
Q

Maryland Malicious Burning (First- or Second-Degree)

A

Intentioanlly burning personal property of another.

$0 - $999 = 2d degree
$1000+ = 1st degree.

49
Q

Maryland Burning w/ Intent to Defraud

A

Intentionally burining any property with specific intent to defraud.

50
Q

Maryland Destruction of Property

A

Intentionally damaging the property of another.

  • a misdemeanor, but penalty is greater for property worth $500+
  • property can be real or personal, no value necessary
  • must have general willful and malicious intent and the specific intent to damage.
51
Q

Maryland Trespass on Private Property After a Warning

A

A person may not enter or remain on land after notice not to enter or leave. A misdemeanor.

52
Q

Maryland Possession of a Deadly Weapon

A

A person may not wear or carry a deadly weapon openly with specific intent to injure OR concealed (regardless of intent).

  • deadly weapon includes switchblades, throwing starts, etc. Anything likely to cause serious bodily injury.
  • does NOT include penknives or handguns.
53
Q

Maryland: Handgun Defined

A

A handgun is a concealable firearm.

  • concealable = not a rifle
  • firearm = uses gunpowder, no bb or water
  • need NOT be loaded.
54
Q

Maryland Wear, Carry, or Transport a Handgun

A

A person may not wear, carry, or transport an operable handgun.

*not a crime if owner has permit, is in his own home or business, or traveling (b/t homes, home and business, to/from gun repair shop, sporting or hunting event)

55
Q

Maryland Use of a Handgun During a Felony or Crime of Violence

A

A person may not employ a handgun or antique firearm during any felony or crime of violence.

56
Q

Maryland Possession of Controlled Dangerous Substances (CDS)

A

A person may not possess controlled dangerous substances.

*possession is dominion or control. May be joint or exclusive, actual or constructive.

57
Q

Constructive Possession

A

Remember MPx3

Mutual use & enjoyment
Proprietary Interest. (def has property interest in place where CDS is found)
Plain view or within def’s knowledge
Proximity (def’s closeness to CDS indicates possession).

58
Q

Maryland CDS Distribution

A

A person may not transfer physical possession of CDS.

*sale is NOT required.

59
Q

Maryland Possession w/ Intent to Distribute CDS

A

Possession of a sufficient quantity of CDS to indicate, under all of the circumstances, an intent to distribute. Not merely for personal use.

60
Q

Inchoate Crimes: Attempt

A

Taking a substantial step toward the commission of a crime with the specific intent to commit the crime.

  • attempt is always a specific intent crime, even where underlying offense is not. Ex: attempted statutory rape requires specific intent to have sex with minor although crime itself is strict liability.
  • substantial step = beyond mere preparation.
61
Q

Inchoate Crimes: Solicitation

A

Encouraging another to commit a crime with specific intent that s/he commit the crime.

  • if the person solicited agrees to commit the crime, then a conspiracy has been formed and the crime of solicitation merges into conspiracy.
  • spark: X “asked” Y to commit crime, this is solicitiation.
62
Q

Inchoate Crimes: Conspiracy

A

An agreement between two or more persons to commit a crime with the specific intent to commit the crime.

  • no overt act required in MD
  • conspiracy terminates when point of safety reached
  • even if one withdraws (notifies co-cons and thwarts), she is still guilty of the conspiracy, but not the completed crime.
  • impossibility is NEVER a defense to conspiracy
63
Q

Incompetence

A

Occurs when, at the time of trial, defendant is unable to understand the nature of the proceedings against him OR unable to assist counsel in defense.

  • this is NOT a defense, but a way to avoid trial
  • def can be forcibly medicated to become competent
64
Q

Insanity

A

Because of mental disease or defect, def lacks a substantial capacity to appreciate the criminality of his actions (M’Naghten test) OR is unable to conform her conduct to the law (irresistable impulse).

*mental state is judged at the time of crime
*a complete defense
*M’Naghten: def either (1) did not know his actions were wrong; or (2) did not know nature and quality of his actions.
Durham: unlawful conduct is a product of mental disease–a but-for test.

65
Q

Maryland: Guilty But Not Criminally Responsible

A

Defendant is judged guilty, but not responsible, and receives a prison term to follow any mental health treatment.

66
Q

Involuntary Intoxication

A

Involuntary intoxication is a complete defense to ALL crimes.

67
Q

Voluntary Intoxication

A

Voluntary intoxication is a defense to specific intent crime if the intoxication negates the required mental state. It is NO defense to a general intent crime.

*voluntary intoxication CAN be a defense if the alcoholism is severe, longstanding, and leads to legal insanity.

68
Q

Mistake of Law

A

Ignorance of the law is no defense, EVER.

69
Q

Mistake of Law: The Flip Side

A

Even if act is done with the most malicious intent, if the act is not a crime, def is not guilty.

70
Q

Mistake of Fact

A

Mistake of Fact is a defense to specific intent crimes is mistake negates required specific intent or knowledge.

71
Q

Co-Conspirator Liability

A

Conspirators are liable for each others’ actions committed during and in furtherance of the conspiracy.

72
Q

Accessory Before the Fact

A

An accessory before the fact is one who conspired with the actual perpetrator or who aided, advised, or encouraged the commission of a crime, but who was not actually present at the scene.

  • in every instance, an accessory before the fact is also a conspirator
  • accessory before the fact is punished as a principal.
73
Q

Accessory After the Fact

A

An accessory after the fact is one who was not present at the scene of the crime, but knowing of the crime, aided the perpetrator in escaping from the law or concealing the crime or evidence of the crime.

*applicable only to felonies

74
Q

Maryland Rape & Sexual Offense Statute

A

The Maryland sexual offense statute is a gender neutral statute that covers three types of offenses (rape, sexual act, and sexual conduct) under three circumstances (aggravated, without aggravation, and with a person statutorily incapable of consenting).

*statute is entirely gender neutral.

75
Q

Maryland Sexual Offense Statute: Offenses

A

The three offenses covered by the statute are:

(1) rape–common law meaning, except that marriage is not a defense
(2) sexual act–slightest penetration by any object or part of an individual’s body into the genital or anal opening of another person’s body (includes cunnilingus, fellatio, analingus, and anal intercourse. NOT vaginal intercourse–that would be rape)
(3) sexual contact–intentional touching of any part of either party’s intimate parts for the purposes of sexual arousal, gratification, or abuse of either party.

76
Q

Maryland Sexual Offense Statute: Circumstances

A

The three circumstances are:

(1) aggravated
(2) person incapable of consenting
(3) not aggravated

77
Q

Merger: Attempt

A

At common law, a defendant CANNOT be convicted of an attempt to commit a crime and the crime itself.

  • on the MBE, an answer which has the def guilty of the attempt and the substantive crime is wrong.
  • in states where a def can be convicted of both attempt and the substantive crime, the attempt MERGES into the completed offense.
78
Q

Merger: Conspiracy & Solicitation

A

If the person solicited agrees to commit the crime, then a conspiracy is formed and the crime of solicitation merges into the conspiracy. Likewise, if the person solicited commits the crime, the solicitation is merged into the solicitor’s liability for the completed crime as an accomplice.

Criminal Law & Procedure (2 decks)

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