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Must Know Bar Exam > Criminal Law and Procedure > Flashcards

Criminal Law and Procedure Flashcards

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1
Q

specific intent crimes include

A
  • inchoate offenses (attempt; conspiracy; solicitation)
  • first-degree murder
  • assault with intent to commit battery; and
  • theft offenses
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2
Q

malice crimes include

A
  • common law murder
  • arson
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3
Q

general intent crimes include

A
  • battery
  • rape
  • kidnapping
  • false imprisonment
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4
Q

strict-liability crimes include

A
  • statutory rape
  • bigamy
  • regulation of food and drugs
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5
Q

MPC levels of intent

A
  • purposely
  • knowingly/willfully
  • recklessly
  • negligently
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6
Q

what are the four requirements for every crime

A
  1. actus reus
  2. mens rea
  3. causation
  4. concurrence of actus reus and mens rea
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7
Q

how does mistake of fact as a defense work?
* can negate criminal intent (must be an honest mistake)(can be unreasonable)
* defense to specific-intent crimes, (can be unreasonable)(only if reasonable)
* is a defense to general-intent or malice crimes (can be unreasonable)(only if reasonable)

A
  • may negate criminal intent (if an “honest mistake”)
  • defense to specific-intent crimes (even if unreasonable)
  • defense to general-intent or malice crimes (only if reasonable)
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8
Q

what is the M’Naughten insanity test

A

because of a defect due to a mental disease, D did not know either (1) the nature and quality of the act; OR (2) the wrongfulness of the act

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9
Q

what is the irresistable impulse test

A

D lacked the capacity for self-control and free choice due to mental disease or defect (inability to conform conduct to the law)

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10
Q

what crimes is voluntary intoxication a defense to?

A
  • specific intent crimes if it prevents the formation of the required intent
  • MPC crimes that have a mental state that is “purposely” or “knowingly” where it prevents the formation of that mental state
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11
Q

when is involuntary intoxication a defense to a crime?

A

when it negates an element of any non-strict liability crime; and when it negates the voluntary aspect of a strict liability

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12
Q

what is murder?

A

the unlawful killing of another living human being with malice aforethought

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13
Q

how do you show malice aforethought for murder?

A
  • intent to kill
  • intent to do serious bodily injury
  • reckless indifference to human life
  • intent to commit an inherently dangerous felony (felony murder)
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14
Q

what felonies are “inherently dangerous” for the purpose of the felony murder rule?

A
  • burglary
  • arson
  • robbery
  • rape
  • kidnapping
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15
Q

what is the agency theory of felony murder?

A
  • majority positition
  • D is not liable for a bystander’s death caused by a felony victim or police officer
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16
Q

what is the proximate cause theory RE: felony murder?

A
  • minority position
  • a bystander’s death falls under FMR because the death is a direct consequence of the felony
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17
Q

felony murder: is a D liable for a co-felon’s death by a victim or police officer?

A

no

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18
Q

does the felony murder rule encompass death occurring after flight from the scene of the crime?

A

no

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19
Q

what generally constitutes statutory first degree murder?

A
  • deliberate and premeditated (D had time to reflect) murder OR
  • felony murder
20
Q

what is second-degree murder?

A

a malice crime committed with the necessary malicious intent (common-law murder), or the default category if not first-degree murder

21
Q

what is voluntary manslaughter?

A

a homicide committed with malice aforethought, but also with mitigating circumstances (i.e. heat of passion or an imperfect defense)

22
Q

what is involuntary manslaughter

A

an unintentional homicide committed with criminal negligence or during an unlawful act

23
Q

what is larceny

A

trespassory taking and carrying away of the personal property of another with the specific intent to permanently deprive the owner of the property

24
Q

what is larceny by trick

A

larceny accomplished by fraud or deceit that results in the conversion of the property of another

25
Q

what is forgery

A

making of a false writing with apparent legal significance and with the intent to defraud

26
Q

what is embezzlement

A

fraudulent conversion of the property of another by a person who is in lawful possession of the property

27
Q

what is false pretenses

A

obtaining title to the property of another person through the reliance of that person on a known false representation of a material past or present fact and the representation is made iwh tthe intent to defraud

28
Q

what is larceny

A

larceny from the person or presence of the victim by force or intimidation

29
Q

what is extortion

A

the taking of money or property from another by threat (threat does not need to be of immediate harm or of a physical nature)

30
Q

what is burglary at common law

A

breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony therein

31
Q

what is arson at common law

A

malicious burning of the dwelling of another

32
Q

what is the crime of battery

A

unlawful application of force to another person that causes bodily harm to that person or constitutes an offensive touching

33
Q

what is the crime of assault

A

an attempt to commit a battery OR intentionally placing another in apprehension of imminent bodily harm

34
Q

what is the crime of mayhem

A

a common-law felony battery that causes the dismemberment or permanent disfigurement of a person

35
Q

what is the crime of kidnapping

A

the unlawful confinement of a person against that person’s will, coupled with either (1) the movement OR (2) the hiding of that person

36
Q

what is the crime of false imprisonment

A

the unlawful confinement of a person without consent

37
Q

what is the crime of rape at common law

A

unlawful sexual intercourse with a female against her will by force or threat of immediate force

38
Q

how have most modern statutes modified the common law crime of rape

A
  • gender neutrality
  • replacing the force requirement with lack of consent
39
Q

what is merger RE: inchoate crimes

A

D may be tried, but not punished, for solicitation/attempt AND the completed crime

under the MPC, more than one inchoate offense; conspiracy and attempt do not merge under the common law

40
Q

what is the crime of solicitation

A

enticing, encouraging, requestion, or commanding another person to commit a crime wiht the intent that the other person commits the crime

MPC–voluntary renunciation defense if D thwarts commission of crime

41
Q

what is the crime of conspiracy

talk about bilateral vs unilateral conspiracy too

A

an agreement to accomplish an unlawful purpose with the intent to accomplish that purpose
* unilateral conspiracy–(modern trend/MPC) may be formed when only one party actuall agrees
* bilateral conspiracy–(common law) requires both parties to agree

42
Q

talk about overt act RE: conspiracy

A
  • common law–no overt act
  • majority/federal law/MPC–require overt act in furtherance UNLESS the conspiratorial crime is a first or second-degree felony
43
Q

what is the Pinkteron rule RE: conspiracy

A

a conspirator is liable for conspiracy and the co-conspirators’ substantive crimes committed in furtherance of the conspiracy

44
Q

is D liable for conspiracy if D withdrew from the conspiracy

A
  • federal/majority rule–withdrawal possible before commission of an overt act, but D must give notice to co-conspirators or police
  • MPC/minority rule–subsequent withdrawal possible onyl if D acts voluntarily to thwart success of conspiracy
45
Q

what is the crime of attempt

A

a substantial step toward commission of a crime, coupled with the specific intent to commit the crime

impossibility: factual not a defense; legal is a defense

abandonment is not a defense after completion of actus reus (substantial step or dangerous proximity)

after completion of the crime, the attempt merges into the completed crime

46
Q

what are the specific defenses to a crime

A
  • self-defense
  • defense of others
  • defense of property
  • arrest (by police)
  • duress
  • necessity
  • consent
  • entrapment
47
Q

what is the Pinkerton rule

A

conspirator is liable for any crimes committed by co-conspirators in furtherance of the conspiracy

Must Know Bar Exam (4 decks)

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