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MBE MiniSheets > Criminal Law > Flashcards

Criminal Law Flashcards

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1
Q

Malice

A

D acts intentionally or with reckless disregard for obvious/known risk that specific result will occur [common law murder & arson]

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2
Q

General Intent

A

D need only be generally aware of factors constituting crime; no intent for result [battery, forcible rape, false imprisonment, kidnapping]

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3
Q

Strict Liability

A

no mental state needed just doing act [public welfare offenses – transferring unregistered firearms, selling contaminated food, shipping adulterated drugs; statutory rape]

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4
Q

MPC Definitions of Purpose, Knowledge, Recklessness, and Negligence.

A

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]

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5
Q

Transferred Intent

A

D can be liable where intends harm that is actually caused but to a different V or object; applies to homicide, battery, arson

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6
Q

Concurrence

A

D must have intent necessary at time act committed & intent must have actuated act [common problems with larceny & burglary]

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7
Q

Causation

A

“but for” cause & proximate cause – foreseeable & probable consequence; D will not be considered proximate cause if unforeseeable intervening event caused bad result

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8
Q

Battery

A

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]

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9
Q

Assault (Criminal)

A

attempted battery or intentional creation, other than mere words, of reasonable apprehension in mind of victim of imminent bodily harm [aggravated = with deadly weapon]

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10
Q

Murder

A

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

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11
Q

Voluntary Manslaughter

A

killing committed intentionally in heat of passion upon adequate provocation [cause reasonable person to lose control w/ no cooling off period]

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12
Q

Involuntary Manslaughter

A

committed with criminal negligence/gross deviation from reasonable standard of care or during commission of unlawful act (misdemeanor)

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13
Q

First Degree Murder

A

the intent to kill with premeditation and deliberation

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14
Q

Second Degree Murder

A

intent to inflict serious bodily harm or acting with extreme reckless disregard to human life (depraved heart)

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15
Q

False Imprisonment

A

unlawful confinement of person without his valid consent [MPC – confinement interfere substantially with V’s liberty]

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16
Q

Kidnapping

A

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]

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17
Q

Forcible Rape

A

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

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18
Q

Statutory Rape

A

sex with someone underage of [MPC/MINORITY – reasonable mistake is a defense]

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19
Q

Larceny

A

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

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20
Q

Erroneous Takings

A

taking under claim of right is never larceny, even if D erroneously believes property is his

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21
Q

Continuing Trespass

A

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

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22
Q

Embezzlement

A

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

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23
Q

False Pretenses

A

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]

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24
Q

Larceny By Trick

A

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

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25
Q

Robbery

A

a larceny from someone else’s person or presence by threat of immediate injury (specific intent to steal)

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26
Q

Extortion

A

obtains property of another through oral or written threats of future harm; blackmail

27
Q

Receipt of Stolen Property

A

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

28
Q

Forgery

A

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]

29
Q

Malicious Mischief

A

malicious destruction of or damage to the property of another

30
Q

Burglary

A

a breaking and entry of a dwelling of another at nighttime with the intent to commit a felony in the structure

31
Q

Arson

A

malicious (intentional or reckless) burning (charring enough) of a dwelling of another

32
Q

Accomplice

A

(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

33
Q

Withdrawal

A

can avoid liability if withdraws before crime is committed; if only encouraged, repudiate encouragement; if aided must neutralize assistance of prevent crime from happening

34
Q

Joint Venture

A

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

35
Q

Accessory After the Fact

A

help principal who committed felony with knowledge that crime has been committed and with intent to help principal avoid arrest or conviction

36
Q

Enterprise Liability

A

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

37
Q

Solicitation

A

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

38
Q

Conspiracy

A

(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]

39
Q

Wharton Rule

A

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

40
Q

Overt Act

A

majority rule requires overt act in furtherance of conspiracy

41
Q

Vicarious Liability

A

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

42
Q

Termination

A

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

43
Q

Attempt

A

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

44
Q

Insanity Defense

A

D must have mental disease or defect – 3 common tests

  1. M’Naghten Rule
  2. Irresistible Impulse
  3. Durham
45
Q

M’Naghten Rule

A

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

46
Q

Irresistible Impulse

A

because of mental illness, unable to control actions or conform conduct to law

47
Q

Durham

A

crime was product of mental illness – but for [only NH]

48
Q

Voluntary Intoxication

A

result of intentional taking without duress – only defense for specific intent crimes

49
Q

Involuntary Intoxication

A

taking intoxicating substance without knowledge of its nature, under direct duress imposed by another or pursuant to medical advice while unaware of intoxicating effect

50
Q

Infancy

A

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

51
Q

Self-Defense

A

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

52
Q

Defense of Others

A

right to defend if reasonably believes that person assisted has legal right to force his own defense

53
Q

Defense of Dwelling

A

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

54
Q

Defense of Other Property

A

deadly force may never be used, only reasonable Non-deadly force

55
Q

Crime Prevention

A

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

56
Q

Effectuate Arrest

A

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

57
Q

Resisting Arrest

A

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

58
Q

Necessity

A

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]

59
Q

Duress

A

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

60
Q

Mistake or Ignorance of Fact

A

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]

61
Q

Mistake or Ignorance of Law

A

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]

62
Q

Consent (Crim)

A

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]

63
Q

Condonation

A

forgiveness by V not defense

64
Q

Entrapment

A

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

MBE MiniSheets (8 decks)

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