Criminal Law Flashcards
Malice
D acts intentionally or with reckless disregard for obvious/known risk that specific result will occur [common law murder & arson]
General Intent
D need only be generally aware of factors constituting crime; no intent for result [battery, forcible rape, false imprisonment, kidnapping]
Strict Liability
no mental state needed just doing act [public welfare offenses – transferring unregistered firearms, selling contaminated food, shipping adulterated drugs; statutory rape]
MPC Definitions of Purpose, Knowledge, Recklessness, and Negligence.
PURPOSE [conscious desire to achieve result]; KNOWLEDGE [knowledge with substantial certainty]; RECKLESSNESS [aware of substantial & unjustifiable risk & consciously disregards it]; NEGLIGENCE [should have been aware of substantial & unjustifiable risk]
Transferred Intent
D can be liable where intends harm that is actually caused but to a different V or object; applies to homicide, battery, arson
Concurrence
D must have intent necessary at time act committed & intent must have actuated act [common problems with larceny & burglary]
Causation
“but for” cause & proximate cause – foreseeable & probable consequence; D will not be considered proximate cause if unforeseeable intervening event caused bad result
Battery
unlawful application of force to another resulting in either physical injury or an offensive touching [aggravated = deadly weapon, serious bodily harm, or battery of child, woman, police officer]
Assault (Criminal)
attempted battery or intentional creation, other than mere words, of reasonable apprehension in mind of victim of imminent bodily harm [aggravated = with deadly weapon]
Murder
unlawful killing of human being with malice aforethought ] Intent to kill [intentional use of deadly weapon]; intent to inflict serious bodily harm; depraved heart – indifference to human life; felony murder, intent to commit an inherently dangerous felony [BARRK] – victim must not be co-felon
Voluntary Manslaughter
killing committed intentionally in heat of passion upon adequate provocation [cause reasonable person to lose control w/ no cooling off period]
Involuntary Manslaughter
committed with criminal negligence/gross deviation from reasonable standard of care or during commission of unlawful act (misdemeanor)
First Degree Murder
the intent to kill with premeditation and deliberation
Second Degree Murder
intent to inflict serious bodily harm or acting with extreme reckless disregard to human life (depraved heart)
False Imprisonment
unlawful confinement of person without his valid consent [MPC – confinement interfere substantially with V’s liberty]
Kidnapping
Evidential confinement of person that involves some movement of V or confinement of V in secret place [aggravated = for ransom, committing other crimes, offensive purposes, child stealing]
Forcible Rape
sexual intercourse without V’s consent, accomplished by force, by threat of force, or when V is unconscious or has mental condition, or V fraudulently caused to believe act is not intercourse
Statutory Rape
sex with someone underage of [MPC/MINORITY – reasonable mistake is a defense]
Larceny
taking and carrying away of tangible personal property of another with possession by trespass with intent to permanently deprive person of her interest in property
Erroneous Takings
taking under claim of right is never larceny, even if D erroneously believes property is his
Continuing Trespass
if D wrongfully takes property, but without intent to steal, he will not be guilty; BUT if D wrongfully takes without intent and later informs intent, WILL be larceny
Embezzlement
fraudulent conversion of personal property of another by a person in lawful possession of that property (specific intent to defraud); if D intends to give property back in same form, will not intend to defraud
False Pretenses
obtaining title to personal property of another by an intentional false statement of past or existing fact with intent to defraud the other [with larceny D only gets custody, in FP F gets title]
Larceny By Trick
if V is tricked by a misrepresentation of fact into giving up mere custody of property; if tricked into giving up title, it is FP
Robbery
a larceny from someone else’s person or presence by threat of immediate injury (specific intent to steal)
Extortion
obtains property of another through oral or written threats of future harm; blackmail
Receipt of Stolen Property
receiving possession and control of stolen personal property known to have been obtained in a manner constituting a criminal offense by another person with the intent to permanently deprive owner of his interest in it
Forgery
making or altering a writing with apparent legal significance so that it is false with intent to defraud [if D fraudulently causes third person to sign document that third person does not realize he is signing, forgery is committed]
Malicious Mischief
malicious destruction of or damage to the property of another
Burglary
a breaking and entry of a dwelling of another at nighttime with the intent to commit a felony in the structure
Arson
malicious (intentional or reckless) burning (charring enough) of a dwelling of another
Accomplice
(aids or encourages principal with intent crime be committed) guilty of all crimes that he aided or encouraged, and all other foreseeable crimes committed along with aided crime
Withdrawal
can avoid liability if withdraws before crime is committed; if only encouraged, repudiate encouragement; if aided must neutralize assistance of prevent crime from happening
Joint Venture
knowingly participated in commission of crime with mental state required for that offense; guilty for principal’s crime; if withdraws or abandons crime will avoid liability provided, he communicates to other participants and does early enough so others can withdraw; conviction can be used solely upon testimony of accomplice unless granted immunity
Accessory After the Fact
help principal who committed felony with knowledge that crime has been committed and with intent to help principal avoid arrest or conviction
Enterprise Liability
when corporate agent engages in criminal conduct, both corporation and agent may be held criminally liable, provided agent is acting on behalf of corporation and within scope of office
Solicitation
inciting, counseling, advising, urging, or commanding another to commit a crime, with intent person solicited commit crime [defense that solicitor could not be guilty of completed crime because of legislative intent to exempt her] *merger – cannot be guilty of solicitation and other offenses
Conspiracy
(1) an agreement between 2 or more persons; (2) an intent to enter into agreement; and (3) an agreement [modern trend requires only one party have genuine criminal intent; traditional rule requires 2 guilty minds]
Wharton Rule
where 2 or more people are necessary for commission of offense, there is no crime of conspiracy unless mort parties participate in agreement than are necessary for crime
Overt Act
majority rule requires overt act in furtherance of conspiracy
Vicarious Liability
in addition to conspiracy, D will be liable for other crimes committed by co-conspirators so long as crimes were committed in furtherance of conspiracy’s objective and were foreseeable
Termination
completion of wrongful objective; withdrawal from conspiracy not a defense because complete when agreement made; may be defense to crimes committed during furtherance of conspiracy – conspirator must perform an affirmative act that notifies all of withdrawal ***not merged with other crimes
Attempt
act done with intent to commit a crime that falls short of completing the crime; cannot attempt unintentional crimes; D must commit act beyond mere preparation for offense *Majority/MPC: substantial step test & abandonment is defense
Insanity Defense
D must have mental disease or defect – 3 common tests
- M’Naghten Rule
- Irresistible Impulse
- Durham
M’Naghten Rule
entitled to acquittal if (1) disease of mind; (2) caused a defect of reason; (3) such that D lacked ability at time of actions to either know wrongfulness of actions or understand nature and quality of actions
Irresistible Impulse
because of mental illness, unable to control actions or conform conduct to law
Durham
crime was product of mental illness – but for [only NH]
Voluntary Intoxication
result of intentional taking without duress – only defense for specific intent crimes
Involuntary Intoxication
taking intoxicating substance without knowledge of its nature, under direct duress imposed by another or pursuant to medical advice while unaware of intoxicating effect
Infancy
common law no guilt if committed by child under 7; for acts between 7 and 14, rebuttable presumption that child unable to understand wrongfulness of acts; 14+ treated as adults
Self-Defense
Non-deadly force is justified where it appears reasonably necessary to avoid imminent injury or to retain property; deadly force is justified only to prevent death or serious bodily injury
Defense of Others
right to defend if reasonably believes that person assisted has legal right to force his own defense
Defense of Dwelling
person may use Non-deadly force in defense of dwelling; deadly force may only be used to prevent violent entry and person reasonably believes force is necessary
Defense of Other Property
deadly force may never be used, only reasonable Non-deadly force
Crime Prevention
Non-deadly force may be used to extent reasonably appears necessary to prevent felony or serious breach of peace; deadly force may be used only if it appears reasonably necessary to terminate or prevent dangerous felony involving risk to human life
Effectuate Arrest
with police, Non-deadly force may be used if reasonably necessary to effectuate arrest; deadly force reasonably if necessary to prevent felon’s escape and officer believes felon threatens death or serious bodily harm; private person has same right to arrest as police officer – (1) privilege to use Non-deadly force to make arrest if crime was in fact committed and private person has reasonable grounds to believe person arrested has committed crime; (2) private person may use deadly force only if person harmed was actually guilty of offense for which arrest was made
Resisting Arrest
Non-deadly force may be used to resist improper arrest even if known officer is making that arrest [MPC doesn’t allow person to resist known officer]; deadly force may be used only if person does not know person arresting him is police officer
Necessity
person reasonably believed that commission of crime was necessary to avoid imminent and greater injury to society than that involved in the crime [causing death of another person to protect property is never justified; defense not available if D is at fault in creating situation requiring that choose between 2 evils]
Duress
defense to crime other than homicide that D reasonably believed that another person would imminently inflict death or great bodily harm upon him or a member of his family if he did not commit the crime
Mistake or Ignorance of Fact
where D’s mistake of fact will be a defense depends upon mental state for crime and whether mistake is reasonable or unreasonable [specific intent – any mistake of fact (even unreasonable) will be a defense; malice or general intent – only reasonable mistake will be defense; strict liability – mistake of fact will never be defense]
Mistake or Ignorance of Law
mistake of law generally NOT defense [ex: statute proscribing conduct was not published or made reasonably available prior to conduct; there was reasonable reliance on statute or judicial decision; reasonable reliance on official interpretation/advice]
Consent (Crim)
unless crime requires lack of consent, it is usually NOT a defense – is defense to minor assault or batteries if no danger of serious bodily injury [consent must be voluntary and freely give, party was legally capable of consenting, and no fraud was involved in obtaining consent]
Condonation
forgiveness by V not defense
Entrapment
criminal design originated with law enforcement officers and D was NOT predisposed to commit crime prior to contact by gov – merely providing opportunity for predisposed person to commit crime is NOT entrapment – cannot be entrapped by private person
