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Real Property MBE > Criminal Law and Procedure > Flashcards

Criminal Law and Procedure Flashcards

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1
Q

Parties to a Crime

Accomplice

A

An Accomplice is a person who assists or encourages the principal with the intent that the crime is committed.
~~~
* Mere presence at the scene is not enough.
~~~

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2
Q

Parties to a Crime

Liability of an Accomplice

A

An Accomplice is liable for all crimes committed that he aids or encourages and all “natural and probable results” of the crime that he intends to assist.

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3
Q

Parties to a Crime

Accessory After the Fact

A

An AAF is a person who knowingly assists a person who has committed a felony with intent to help them avoid arrest, trial, or conviction.

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4
Q

Homicide

Homicide Charges

A 
1. First Degree Murder
2. Voluntary Manslaughter
3. Second-Degree Murder
4. Involuntary or Misdemeanor Manslaughter
5. Felony Murder
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5
Q

Homicide

First Degree Murder

A

An (1) intentional killing with (2) premeditation and (3) deliberation (with malice aforethought)

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6
Q

Homicide

Voluntary Manslaughter

A

(without malice aforethought)
An intentional killing of a human being in the heat of passion due to adequate provocation.

*mere words do not count as adequate provocation
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7
Q

Homicide

Second Degree Murder

A

(with malice aforethought)
1. Extreme Recklessness
2. Intentional infliction of great bodily harm and death results
3. Catchall: D is not guilty of first-degree murder but acts with malice; D can intend to kill. (this often looks like Vol. Man., but the difference is that D was not adequately provoked)

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8
Q

Homicide

Involuntary or Misdemeanor Manslaughter

A

(without malice aforethought)
1. A killing due to gross negligence or recklessness, or
2. A killing during a misdemeanor or felony that does not qualify for felony murder.

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9
Q

Homicide

Felony Murder

A

(with malice aforethought)
* D commits a felony and someone other than a co-defendant dies.
* The death can occur during the commission of the felony, the attempts to commit it, or the flight from it.

  • the felony must be *inherently dangerous (e.g. robbery, arson, rape, kidnapping, and burgalry). *
  • There must be causation: Under the agency theory, the felon or his agent must cause the death; Under the Proximate Cause theory, the felon is liable so long as he sets in motion the acts that cause the death.
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10
Q

Crimes with Specific Intent

Assault

A

Assault: an attempted battery or the intentional infliction of apprehension.

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11
Q

Crimes with Specific Intent

Larceny

A

Larceny: the (1) trespassory taking and carrying away of personal property of (2) another with the (3) intent to permanently deprive them thereof.

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12
Q

Crimes with Specific Intent

Larceny by Trick

A

D intentionally makes a false representation of material past or existing fact to obtain custody (but not title) of personal property of another.

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13
Q

Crimes with Specific Intent

False Pretenses

A

D intentionally makes a false representation of material past or existing fact to obtain title (not custody, difference between this and Larceny by Trick) of personal property of another.

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14
Q

Crimes with Specific Intent

Embezzlement

A

the fraudulent conversion or misappropriation of property of another by one who is already in lawful possession of that property.

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15
Q

Crimes with Specific Intent

Robbery

A
  1. Larceny,
  2. a taking from another’s person or presence,
  3. by force or threat of force
D must use force or the victim must feel fear 
(no force and the victim is not afraid, 
then D did not commit robbery)
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16
Q

Crimes with Specific Intent

Burgalry

A
  1. Breaking and entering the dwelling of another
  2. With the intent to commit larceny or another felony therein.

Must have the intent to commit larceny or the felony when D breaks in. Cannot form the intent after he has entered.

17
Q

Inchoate Crimes

Attempt

A
  • Mens Rea the Specific intent to commit the crime
  • Actus Reas MPC/Majority: Substantial step that is corrobative of the criminal purpose. Common Law: D gets “dangerpously close” to commiting the crime.

The Attempt Mergers with the actual Crime, one cannot be convicted of the crime and the attempt to commit the same crime.

18
Q

Inchoate Crimes

Conspiracy

A
  • Mens Rea: The Specific Intent to enter into the agreement and accomplish its objectives.
  • Actus Reas (1) An agreement by two or more people to commit a crime and (2) an overt act in furtherance of the crime (an overt act not required at common law).

Merges? No. One can be convicted of conspiracy and the completed crime.
~~~
D is also liable for all other crimes committed by
co-conspirators so long as the crimes were
foreseeable and in furtherance of the conspiracy.

Withdrawal is not a defense, but will cut off liability for
crimes committed after the withdrawal.
~~~

19
Q

Inchoate Crimes

Solicitation

A
  • Mens Rea The Specific intent that the crime be committed.
  • Actus Reas D requests, encourages, advises, or commands that someone commit a crime.

Megers/ Yes. One cannot be convicted of the crime and solicitation.

20
Q

Inchoate Crimes

Inchoate Crimes Defenses

A

Impossibility and withdrawing are generally not defenses to inchoate crimes.

21
Q

Other Crimes

General Intent

A

D is generally aware of what he is doing, motive is immaterial.

22
Q

Other Crimes

Battery

A

The unlawful application of force to another resulting in bodily injury or offensive touching. General Intent.

23
Q

Other Crimes

Rape

A

Unlawful sexual intercourse without consent using force or threat of force. (Would a reasonable person in the victim’s place feel threatened?) General Intent.

24
Q

Other Crimes

Kidnapping

A

Unlawful confinement or restraint that involves moving or hiding the victim. General Intent.

25
Q

Malice

A

D acts recklessly

Arson - the malicious burning of the dwelling of another
2nd Degree Murder

26
Q

Other Crimes

Arson

A

the malicious burning of the dwelling of another

27
Q

Other Crimes

Strict liability

A

There is no Mens Rea; engaging in the crime is sufficient.
* Statutory Rape
* Regulatory Offenses (selling contaminated foods, littering, vehicular traffic offenses)

28
Q

Other Crimes

Statutory Rape

A

Sexual Intercourse with a minor.

29
Q

Defenses

Types of Defenses (8)

A
  1. Self-Defense
  2. Insanity
  3. Incompetrancy to Stand Trial
  4. Intoxication
  5. Mistake of Fact
  6. Mistake of Law (generally, not a defense)
  7. Necessity
  8. Duress
30
Q

Defenses

Self-Defense

A

Available if D reasonably believed force was necessary to avoid the imminent use of unlawful force by another. Defense of others is also a recognizable defense.

31
Q

Defenses

Insanity

A
  • M’Naughten Rule (most jurisdictions) D must prove that he suffered a disease of the mind that caused a defect of reason and he lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.
32
Q

Defenses

Incompetency to Stand Trial

A
  • If D is unable to understand the nature of the proceedings against him or assist his lawyer, he may be imcompetent to stand trial.
33
Q

Defenses

Intoxication

A
  • Voluntary intoxication is a defense to specific intent crimes only if it negates the specific intent.
  • Involuntary intoxication is treated the same as insanity.
34
Q

Defenses

Mistake of Fact (MOF)

A
  • For specific intent crimes, a reasonable or unreasonable MOF can serve as a defense.
  • For general intent or malice crimes, only a reasonable MOF is a defense.
  • For Strict Liability crimes, MOF is not a defense.
35
Q

Defenses

Mistake of Law (MOL)

A
  • Generally, mistake of law is not a defense (even when relying on one’s lawyer)
36
Q

Defenses

Necessity

A
  • This is a defense if D (1) reasonably believed his criminal conduct was necessary to prevent greater harm and (2) is not at fault in creating the situation that required the necessity.
37
Q

Defenses

Duress

A
  • This is a defense is D (1) reasonably believed that if he did not perform the crime, either he or another would suffer (2) imminent death or serious bodily injury.
  • Duress cannot be used as a defense to homicide.
38
Q

Other General Principles

Burdens of Proof and Persuasion

A

Real Property MBE (4 decks)

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