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2022 Delaware Bar Exam > Criminal Law (Delaware) > Flashcards

Criminal Law (Delaware) Flashcards

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1
Q

Mens Rea Categories: Intentionally

A

It must be the defendant’s CONSCIOUS OBJECT to engage in the proscribed conduct and, if the crime requires, it must have been the defendant’s CONSCIOUS OBJECT to cause the result.

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2
Q

Mens Rea Categories: Intentionally - Attendant Circumstances

A

If the crime requires proof of attendant circumstances, the defendant must be aware of the existence of such circumstances or believe or hope they exist.

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3
Q

Mens Rea Categories: Knowingly

A

The defendant must be AWARE OF THEIR CONDUCT, and if the crime requires, defendant must be AWARE that such circumstances exist.

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4
Q

Mens Rea Categories: Knowingly - Result Elements

A

If the crime requires proof of specific result, the defendant MUST BE AWARE that it is PRACTICALLY CERTAIN that the conduct will cause that result.

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5
Q

Mens Rea Categories: Recklessly

A

The defendant acts recklessly to an element of an offense when the defendant is AWARE AND CONSCIOSLY DISREGARDS THE SUBSTANTIAL AND UNJUSTIFIABLE RISK that the elements exist or will result from that conduct.

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6
Q

Mens Rea Categories: Criminal Negligence

A

A defendant acts with criminal negligence when the defendant FAILS TO PERCEIVE A RISK that the element exists or will result from the conduct, the risk must be of such nature that failure to perceive it constitutes GROSS DEVIATION from the standard of a REASONABLE PERSON.

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7
Q

Mens Rea Categories: Negligence

A

The defendant acts with negligence when the defendant FAILS TO EXERCISE THE STANDARD OF CARE THAT A REASONABLE PERSON WOULD OBSERVE.

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8
Q

Assault: First Degree - Intentional

A

First degree assault occurs when a defendant INTENTIONALLY causes SERIOUS PHYSICAL INJURY and:

1) uses a deadly weapon,
2) against a person 62 years or older,
3) permanently disables or disfigures, or
4) the victim is an on duty police, firefighter, or EMT.

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9
Q

Assault: First Degree - Reckless

A

First degree assault also occurs when a defendant RECKLESSLY causes SERIOUS PHYSICAL INJURY and:

1) engages in conduct that creates a SUBSTANTIAL RISK OF DEATH, or
2) is in FLIGHT FROM A FELONY.

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10
Q

Assault: Second Degree

A

The defendant commits second degree assault when he:

1) Recklessly causes serious physical injury (except as first degree)
2) Recklessly causes NON-SERIOUS physical injury with a deadly weapon OR to someone 62 years or older, who is pregnant, or 5 years or younger, or
3) Intentionally causes NON-SERIOUS physical injury to an off-duty police officer, firefighter, EMT or state employee.

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11
Q

Assault: Third Degree

A

The defendant commits third degree assault when he:

1) recklessly causes physical injury, or
2) negligently (criminal negligence) causes PHYSICAL INJURY WITH A WEAPON.

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12
Q

Assault: Deadly Weapon

A

Any object that can cause serious physical injury or death and is used for that purpose.

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13
Q

Vehicular Assault: First Degree

A

First degree vehicular assault occurs when:

1) Operating a motor vehicle WHILE UNDER THE INFLUENCE of drugs of alcohol,
2) causes SERIOUS PHYSICAL INJURY to another, AND
3) by defendant’s negligent operation of the vehicle (ordinary negligence).

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14
Q

Vehicular Assault: Second Degree

A

Second degree vehicular assault occurs when:

1) defendant’s criminally negligent operation of a vehicle causes serious physical injury to another WITHOUT drugs or alcohol, or
2) While operating a vehicle under the influence, the defendant’s negligent operation causes non-serious injury to another (ordinary negligence)

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15
Q

Vehicular Assault: Third Degree

A

Third degree assault occurs when the defendant is CRIMINALLY NEGLIGENT AND NON-SERIOUS PHYSICAL INJURY

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16
Q

Additional Assaultive Offenses: Offensive Touching

A

When the defendant INTENTIONALLY touches another person with a body part, any instrument, or a bodily fluid, KNOWING the touching is likely to cause offense or alarm.

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17
Q

Additional Assaultive Offenses: Endangering the Welfare of a Child

A

A parent or other adult with responsibility over an individual under the age of 18 is guilty of endangering the welfare of a child when they:

1) KNOWINGLY act in a manner likely to injure the minor’s physical, mental, or morale welfare, or
2) INTENTIONALLY do, or fail to do, any act that results in the minor being neglected or a delinquent child

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18
Q

Additional Assaultive Offenses: Reckless Endangering - First Degree

A

First degree reckless endangering involves RECKLESS conduct that creates a SUBSTANTIAL RISK OF DEATH to another person.

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19
Q

Additional Assaultive Offenses: Reckless Endangering - Second Degree

A

Second degree reckless endangering is RECKLESS conduct that creates a SUBSTANTIAL RISK OF PHYSICAL INJURY to another person.

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20
Q

Additional Assaultive Offenses: Menacing (Misdemeanor v. Felony)

A

A person commits menacing by INTENTIONALLY PLACING ANOTHER PERSON IN IMMINENT FEAR OF PHYSICAL INJURY. If a deadly weapon is involved, the crime is aggravated menacing, which is a felony.

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21
Q

Additional Assaultive Offenses: Terroristic Threatening

A

Threatening to commit ANY CRIME likely to result in death or serious injury to persons or property.

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22
Q

Kidnapping: Second Degree

A

The unlawful restraint of another, whom the defendant releases UNHARMED and IN A SAFE PLACE, and with the purpose of:

1) Holding the victim for ransom,
2) Use the victim as a shield,
3) Facilitate the commission of any felony or flight,
4) Inflict physical injury upon the victim or violate or abuse the victim sexually,
5) Terrorize the victim or third party, or
6) Take or entice any child under 18 from a parent, guardian, or custodian.

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23
Q

Kidnapping: First Degree

A

The same as second degree, except the defendant DOES NOT release the victim unharmed or in a safe place.

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24
Q

Unlawful Imprisonment: Second Degree

A

The knowing and unlawful restraint of another person

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25
Q

Unlawful Imprisonment: First Degree

A

The knowing and unlawful restraint of another person under circumstances that EXPOSE THE PERSON TO THE RISK OF SERIOUS PHYSICAL INJURY

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26
Q

Sex Offenses: Rape (All Four Degrees) (Rarely Tested)

A

1) First Degree - Intentional sexual intercourse WITHOUT CONSENT that causes PHYSICAL OR EMOTIONAL INJURY
2) Second Degree - Intentional sexual intercourse without consent
3) Third Degree - Intentional sexual intercourse where the victim is under 16 years and the defendant causes physical or severe emotional injury
4) Fourth Degree - Intentional sexual intercourse where the victim under 16 years, or under 18 but defendant is at least 30.

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27
Q

Sex Offenses: Unlawful Sexual Contact (All Three Degrees) (Rarely Tested)

A

1) Third Degree - Defendant has sexual contact with another person that defendant knows is offensive or without consent
2) Second Degree - Defendant intentionally has sexual contact with a person under 18.
3) First Degree - Defendant (1) commits second or third degree unlawful sexual contact, and (2) causes physical injury or uses a deadly weapon

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28
Q

Homicide: Murder - First Degree

A

First degree murder includes:

1) An INTENTIONAL killing,
2) A RECKLESS killing during the commission or flight from a felony,
3) A RECKLESS killing of a police officer, corrections officer, EMT or firefighter LAWFULLY PERFORMING THEIR DUTIES.
4) Causing death using an EXPLOSIVE DEVICE.

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29
Q

Homicide: Murder - Second Degree

A

Second degree murder includes:

1) RECKLESS and DEPRAVED INDIFFERENCE TO HUMAN LIFE, OR
2) with CRIMINAL NEGLIGENCE during the commission or flight of a felony.

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30
Q

Homicide: Murder - Felony Murder Agency Approach

A

The killing has to be committed by a FELON or FELON’S ACCOMPLICE.

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31
Q

Homicide: Manslaughter

A

The three major categories of manslaughter are:

1) Reckless killing
2) A killing that results from an INTENT TO CAUSE SERIOUS INJURY where defendant’s conduct seems reasonably likely to cause death, or
3) Intentional killing under the influence of EXTREME EMOTIONAL DISTURBANCE (an affirmative defense to be proven by Defendant by preponderance of the evidence)

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32
Q

Homicide: Criminally Negligent Homicide

A

When a person causes the death of another with CRIMINAL NEGLIGENCE.

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33
Q

Homicide: Vehicular Homicide - First Degree

A

When the defendant operates a motor vehicle UNDER THE INFLUENE of alcohol or drugs, and the defendant’s CRIMINALLY NEGLIGENT operation of the vehicle causes another person’s DEATH.

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34
Q

Homicide: Vehicular Homicide - Second Degree

A

The CRIMINALLY NEGLIGENT operation of a vehicle that causes another person’s death (without drugs or alcohol) OR the NEGLIENT operation of a vehicle that causes another person’s death WHILE UNDER THE INFLUENCE of alcohol or drugs.

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35
Q

Crimes Against Property: Theft - Type 1

A

(Similar to common law larceny) Defendant EXERCISES CONTROL over another’s property with INTENT TO PERMANENTLY DEPRIVE the owner of it

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36
Q

Crimes Against Property: Theft - Type 2

A

(Similar to embezzlement) Defendant legally receives, takes, exercises control over another, and FRAUDULENTLY CONVERTS the property to defendant’s own use.

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37
Q

Crimes Against Property: Theft - Type 3

A

(Similar to False Pretenses) Defendant, person obtains property of another by INTENTIONALLY CREATING or REINFORCING a FALSE IMPRESSION as to a PRESENT or PAST fact.

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38
Q

Crimes Against Property: Extortion (Blackmail)

A

Defendant commits blackmail when the defendant COMPELS or INDUCES another person to deliver property by instilling fear that if not delivered, the defendant will: (i) cause physical injury, (ii) cause damage to property, or (iii) expose a secret or publicize an asserted fact that subjects the victim to hatred, contempt, or ridicule

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39
Q

Crimes Against Property: Claim of Right Affirmative Defense

A

In any prosecution of theft or extortion, it is an AFFIRMATIVE DEFENSE that the property was appropriated by the actor under a CLAIM OF RIGHT, made in GOOD FAITH.

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40
Q

Crimes Against Property: Robbery - Second Degree

A

When, in the committing a theft, the defendant uses FORCE or FEAR to unlawfully acquire property or retain it immediately after it is taken.

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41
Q

Crimes Against Property: Robbery - First Degree

A

First degree robbery is SECOND DEGREE robbery with one of the following elements:

1) defendant causes PHSYICAL INJURY to a NON-PARTICIPANT in the crime,
2) DISPLAYS THE APPEARANCE OF A DEADLY WEAPON, or represents he has a deadly weapon,
3) THREATENS DEATH upon another, or
4) Commits the crime against someone 65 OR OLDER.

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42
Q

Crimes Against Property: Receiving Stolen Property

A

INTENTIONALLY receive, retain, or dispose of another’s property WITH INTENT TO DEPRIVE, KNOWING it has been acquired under circumstances amounting to theft.

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43
Q

Crimes Against Property: Forgery

A

Defendant makes or alters a writing of another WITHOUT consent and with INTENT TO DEFRAUD.

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44
Q

Crimes Against Property: Arson - Third Degree

A

Defendant RECKLESSLY damages a building OR INTENTIONALLY starts a fire or causes an explosion

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45
Q

Crimes Against Property: Arson - Second Degree

A

Defendant INTENTIONALLY damages a building by fire or explosion

46
Q

Crimes Against Property: Arson - First Degree

A

Defendant INTENTIONALLY damages a building by fire or explosion AND defendant either knows someone (other than accomplice) is in the building or the presence of someone else is a REASONABLE PROBABILITY.

47
Q

Crimes Against Property: Criminal Mischief + Misdemeanor

A

INTENTIONALLY or RECKLESSLY damaging the tangible personal property of another.

Misdemeanor - if the value of the property is LESS THAN $1,000.

48
Q

Crimes Against Property: Burglary - First Degree

A

Defendant KNOWINGLY enters or remains unlawfully in an OCCUPIED DWELLING with INTENT TO COMMIT A CRIME THEREIN

49
Q

Crimes Against Property: Burglary - First Degree Home Invasion

A

First degree burglary PLUS the burglar or accomplice commits or attempts to commit: (i) first or second degree robbery, assault, murder, or kidnapping, or (ii) manslaughter or rape of any degree.

50
Q

Crimes Against Property: Burglary - Second Degree

A

KNOWINGLY or UNLAWFULLY entering or remaining in a DWELLING (need not be occupied) with the intent to commit a crime therein, OR (ii) in a BUILDING with the intent to commit a crime therein and is ARMED WITH A DEADLY WEAPON or CAUSING PHYSICAL INJURY TO AN INNOCENT PARTY.

51
Q

Crimes Against Property: Burglary - Third Degree

A

KNOWINGLY or UNLAWFULLY entering or remaining in a BUILDING with INTENT to commit a crime therein (no deadly weapon or injury required)

52
Q

Crimes Against Property: Possession of Burglar’s Tools

A

Defendant is in possession of any tool used for committing unlawful entry into premises AND the defendant intends to use the tool or instrument to gain unlawful entry into premises.

53
Q

Crimes Against Property: Criminal Trespass (All Three Degree)

A

KNOWINGLY enter or unlawfully remain:

1) First Degree - in a dwelling or building used to house animals,
2) Second Degree - in a building or upon real property enclosed in a manner manifestly designed to exclude intruder, or
3) Third Degree - upon real property

54
Q

Drug Offenses: Drug Dealing (D Felony)

A

The manufacturing, delivering, or possessing WITH INTENT to manufacture or deliver a controlled substance.

55
Q

Drug Offenses: Drug Dealing (C Felony)

A

Possessing a controlled substance: (i) in a TIER 2 QUANTITY, OR (ii) manufacturing or possessing with intent to deliver a controlled substance in a TIER 2 QUANTITY

56
Q

Drug Offenses: Drug Dealing (B Felony)

A

Class B is: (i) POSSESSING a controlled substance in a TIER 3 QUANTITY, (ii) MANUFACTURING, delivering, or possessing with the INTENT TO MANUFACTURE or deliver a controlled substance in a TIER 3 QUANTITY, and (iii) MANUFACTURING, delivering, or possessing with intent to manufacture or deliver controlled substance in a TIER 2 QUANTITY with an AGGRAVATED FACTORS (i.e., 1) within a protected school zone, 2) intentionally fled from law enforcement, or 3) resisted arrested with force or violence).

57
Q

Drug Offenses: Drug Possession (Class G v. Class E v. Class B)

A

Class G - Possession of 5 grams or more of most controlled substances (heroin, amphetamines, meth, and PCP)
Class E - Possession of 10 grams or more
Class B - Possession of 25 grams or more

58
Q

Drug Offenses: Drug Paraphernalia

A

It is unlawful for any person to use, or possess with intent to use, drug paraphernalia (EXCEPT FOR marijuana paraphernalia)

59
Q

Drug Offenses: Maintaining a Drug Property

A

It is unlawful for one who is an owner or tenant of a property to knowingly consent to its use for the manufacture or delivery of controlled substances.

60
Q

***Weapons Offenses: Mens Rea

A

The mens rea for weapons offenses is KNOWINGLY.

61
Q

***Weapons Offenses: Actus Rea

A

Possession may be ACTUAL or CONSTRUCTIVE, constructive meaning the defendant had the POWER AND INTENTION to exercise control over the deadly weapon.

62
Q

***Weapons Offenses: Possession of Deadly Weapons by Persons Prohibited (PDW-PP)

A

The following are among the persons considered “persons prohibited”:

1) Any person convicted of a FELONY, and
2) Any person convicted of a CRIME INVOLVING PHYSICAL INJURY TO ANOTHER.

63
Q

***Weapons Offenses: Possession of Deadly Weapon During the Commission of a Felony (PDW-DCF)

A

A deadly weapon here includes:

1) ANY FIREARM accessible to defendant,
2) ANY DANGEROUS INSTRUMENT readily capable of causing death or physical injury, attempted to be used or threatened to be used

64
Q

***Weapons Offenses: Possession of a Firearm During the Commission of a Felony (PF-DCF)

A

Here, the firearm can be operable or inoperable, and it can be loaded or unloaded.

65
Q

***Weapons Offenses: Carrying a Concealed Deadly Weapon (CCDW)

A

Consists of carrying a concealed deadly weapon upon or about the person WITHOUT A LICENSE TO DO SO.

66
Q

Inchoate Offenses: Solicitation

A

Asking someone to commit a crime, INTENDING that they do so.

67
Q

Inchoate Offenses: Solicitation (Three Degrees)

A

Determined by the SERIOUSNESS OF THE CRIME,
First Degree - Class A felony (first degree murder, first degree rape, and abuse of impaired adult resulting in death)
Second Degree - A felony other than a Class A felony, and
Third Degree - The solicited crime is a misdemeanor

68
Q

Inchoate Offenses: Solicitation - Defense of Renunciation + Exception

A

Defendant has to MANIFEST A VOLUNTARY AND COMPELTE renunciation of the criminal purpose that PREVENTED the commission of the crime solicited.

Renunciation is not VOLUNTARY AND COMPLETE if it is motivated by: (i) fear of detection or apprehension, or (ii) postponement of the criminal conduct until another time.

69
Q

Inchoate Offenses: Attempt

A

The defendant is guilty of attempt if the defendant: (i) INTENTIONALLY engages in conduct which would constitute the crime if the circumstances were as the defendant believe them to be, or (ii) INTENTIONALLY does or omits to do anything which, under the circumstances the defendant believes them to be, is a SUBSTANTIAL STEP in the commission of the crime.

70
Q

Inchoate Offenses: Attempt for Unintentional Crimes

A

Attempt requires INTENT to commit the underlying crime, therefore a person CANNOT ATTEMPT UNINTENTIONAL CRIMES, such as: recklessness crimes, negligent crimes, felony murder

71
Q

Inchoate Offenses: Attempt - Substantial Step Requirement

A

A substantial step is an act or omission which leaves NO REASONABLE DOUBT as to the defendant’s intention to commit the crime.

72
Q

Inchoate Offenses: Attempt - Affirmative Defense of Renunciation

A

Requires a COMPLETE AND VOLUNTARY renunciation of criminal purpose.

73
Q

Inchoate Offenses: Conspiracy

A

A person is guilty of conspiracy when, INTENDING to promote or facilitate the commission of a crime, the person: (i) AGREE with ONE OR MORE persons to engage in conduct constituting the crime or an attempt or solicitation to commit it, OR (ii) AGREES TO AID one or more persons in the planning or commission of the crime or an attempt or solicitation to commit it.

74
Q

Inchoate Offenses: Conspiracy - Agreement Requirement

A

The agreement can be EXPRESS or implied through a CONCERT OF ACTION towards a common goal

75
Q

Inchoate Offenses: Conspiracy - Overt Act Requirement

A

The defendant or co-conspirator MUST commit an OVERT ACT in furtherance of the conspiracy, as follows: (i) ANY ACT is sufficient even if merely preparatory, and (ii) it may be performed by ANY of the co-conspirators

76
Q

Inchoate Offenses: Conspiracy - Degrees of Conspiracy

A

First Degree - Conspiring to commit a Class A felony,
Second Degree - Any crime other than Class A
Third Degree - A misdemeanor crime

77
Q

Inchoate Offenses: Conspiracy - Affirmative Defense of Renunciation

A

It is an affirmative defense if the defendant, under circumstances manifesting a VOLUNTARY AND COMPLETE RENUNCIATION, PREVENT the commission of the crime.

78
Q

Accomplice Liability: Statutory Standard

A

Accomplice liability requires that a defendant, INTENDING to promote or facilitate the commission of the offense: (i) SOLICITS, REQUESTS, COMMANDS, or otherwise attempts to cause the other person to commit the offense, or (ii) aids, counsels, agrees, or attempts to aid the person in planning or committing the offense.

79
Q

Accomplice Liability: Mere Presence

A

Being MERELY PRESENT at the scene of the crime IS NOT ENOUGH, the defendant MUST ACTIVELY AID OR ENCOURAGE the principal.

80
Q

Accomplice Liability: Felony Murder

A

Accomplices are liable for felony murder, provided: (i) they INTENDED to promote the principal’s felonious conduct, and (ii) death was FORESEEABLE consequence of the commission of the felony.

Proof of specific intent to kill is NOT necessary to convict the accomplice.

81
Q

Accomplice Liability: Withdrawal from Complicity

A

An accomplice is NOT liable for crimes committed by others if the accomplice TERMINATES complicity prior to the commission and: (i) wholly DEPRIVES the complicity of its effectiveness in the commission of the offense, or (ii) gives timely warning TO LAW ENFORCEMENT to prevent the commission of the offense.

82
Q

Accomplice Liability: Hindering Prosecution

A

The defendant is guilty of hindering prosecution when, knowing that an individual has committed a crime, the defendant INTENTIONALLY hinders the APPREHENSION of that person or the filing of charges against the person by either: (i) helping him ELUDE CAPTURE, or (ii) TAMPERING WITH PHYSICAL EVIDENCE against him.

83
Q

Effect of Affirmative Defenses

A

The defendant MUST PROVE the defense by a PREPONDERANCE OF THE EVIDENCE.

84
Q

Affirmative Defenses: Mental Illness or Psychiatric Disorder (Insanity)

A

The defendant must suffer from a MENTAL ILLNESS or SERIOUS MENTAL DISORDER which caused the defendant to LACK SUBSTANTIAL CAPACITY to APPRECIATE THE WRONGFULNESS OF THEIR CONDUCT.

85
Q

Affirmative Defenses: Mental Illness v. Incompetency to Testify

A

With mental illness and insanity, the issue is whether the defendant lacked substantial capacity to appreciate wrongfulness of their actions AT THE TIME OF THE CRIME.

To be considered incompetent at trial, the issue is whether, AT THE TIME OF TRIAL, the defendant lacks: (i) ability to rationally consult with their lawyer, or (ii) a rational and factual understanding of the proceeding

86
Q

Affirmative Defenses: Mental Illness - Guilty But Mentally Ill

A

The trier of fact may return a verdict of GUILTY BUT METNALLY ILL if the defendant suffered from mental illness which: (i) substantially disturbed the defendant’s thinking, feeling, or behavior (COGNITIVE IMPAIRMENT), or (ii) left the defendant with insufficient will power to choose to do the act or refrain from doing it (VOLITIONAL IMPAIRMENT)

87
Q

Affirmative Defenses: Mental Illness - Effect of Guilty But Mentally Ill Verdict

A

The defendant would be sentenced like any other convicted criminal, BUT will begin serving their sentence in a secure psychiatric facility until the defendant regains mental health, which then will transfer him to a correctional facility.

88
Q

Affirmative Defenses: Duress Standard

A

The defendant was coerced into committing a crime by the USE OR THREAT of force FROM A PERSON (not natural) against the defendant or third party which a REASONABLE PERSON WOULD HAVE BEEN UNABLE TO RESIST.

89
Q

Affirmative Defenses: Duress - Limitation

A

This defense is unavailable where defendant INTENTIONALLY OR RECKLESSLY placed themselves in a situation in which it was probable that the defendant would subject to duress.

90
Q

Affirmative Defenses: Entrapment

A

Defendant was INDUCED by a law enforcement officer to ENGAGE IN CRIMINAL ACTIVITY when the defendant was NOT OTHERWISE DISPOSED to do so.

91
Q

Affirmative Defenses: Entrapment - Involvement of Police Informant

A

The fact that the criminal activity in question was facilitated by a police INFORMANT does not constitute entrapment in and of itself.

92
Q

Affirmative Defenses: Entrapment - Predisposition and “Ready Acquiesence”

A

The fact that an individual had never before been arrested for the criminal activity DOES NOT prove a lack of predisposition to commit a crime to which he READILY ACQUIESCES.

93
Q

Affirmative Defenses: Consent (Rarely Tested)

A

In any prosecution for an offense, it is a defense that the victim consented to the act done, provided that: (i) the act DID NOT INVOLVE or THREATEN PHYSICAL INJURY, and (ii) such consent NEGATES AN ELEMENT of the offense.

94
Q

Statutory Defenses

A

Unlike affirmative defenses, here the prosecution retains the burden to prove beyond a reasonable doubt, therefore the defendant prevails if evidence creates a reasonable doubt as to the defendant’s guilt.

95
Q

Statutory Defenses: Self-Defense - Deadly Force

A

Deadly force is defined as force that the defendant uses PURPOSELY or KNOWINGLY to create a substantial risk of causing death or serious physical injury.

96
Q

Statutory Defenses: Self-Defense - Rule for Use of Nondeadly Force

A

The defendant may use nondeadly force if the defendant BELIEVES that such force is IMMEDIATELY NECESSARY for the purpose of protecting the defendant for the use of unlawful force

97
Q

Statutory Defenses: Self-Defense - Rule for Use of Deadly Force

A

The defendant may use deadly force if the defendant believes that such force is NECESSARY to protect the defendant AGAINST death, serious physical injury, kidnapping, or force or threat of rape.

98
Q

Statutory Defenses: Self-Defense - Duty to Retreat

A

The use of deadly force is NOT JUSTIFIABLE if the defendant knows they can retreat with COMPLETE SAFETY, EXCEPT that the defendant is NOT OBLIGATED to retreat in or from: (i) the defendant’s dwelling, or (ii) place of work, unless the initial aggressor.

99
Q

Statutory Defenses: Self-Defense - Imperfect Self-Defense

A

If the defendant is RECKLESSLY MISTAKEN in their belief in their need to use self-defense, the defendant has NO DEFENSE TO RECKLESSNESS OR NEGLIGENCE crimes, BUT defendant does NOT have a defense to INTENT OR KNOWLEDGE crimes.

If defendant is NEGLIGENTLY MISTAKEN, this is no defense to a negligent crime, but is to intent, knowledge, or recklessness

100
Q

Statutory Defenses: Self-Defense - Defense of Others

A

A defendant may use force, even deadly, to PROTECT OTHERS the same as they would defend themselves.

101
Q

Statutory Defenses: Self-Defense - Defense of Property and Use of Deadly Force

A

The use of deadly force for the protection of property is justifiable ONLY if the defendant believes:
(i) the person against whom the force is used is ATTEMPTING TO DISPOSSESS THE DEFENDANT OF THE DEFENDANT’S DWELLING with NO CLAIM OF RIGHT to its possession, or (ii) the person against whom deadly force is used is attempting to commit a DANGEROUS FELONY and either: (1) has used or THREATENED DEADLY FORCE or (2) defendant believe use of force other than deadly force would expose the defendant, or others on the property, to REASONABLE LIKELIHOOD OF SERIOUS PHYSICAL INJURY.

102
Q

Statutory Defenses: Choice of Evils (Justification or Necessity)

A

Conduct that is otherwise criminal is JUSTIFIABLE if the conduct was NECESSARY TO PREVENT A GREATER HARM. The following elements are required: (i) the defendant’s conduct is NECESSARY AND EMERGENT, (ii) there is an IMMINENT PUBLIC OR PRIVATE INJURY, and (iii) the defendant is NOT AT FAULT in creating the choice of evils.

103
Q

Statutory Defenses: Intoxication - Voluntary

A

Voluntary intoxication is NOT A DEFENSE TO ANY CRIME in Delaware

104
Q

Statutory Defenses: Statutory Defenses: Intoxication - Involuntary (Rarely Tested)

A

The defense of involuntary intoxication is VERY UNCOMMON, in order to prevail, the defendant MUST LACK ONE of the following: (i) substantial capacity to APPRECIATE THE WRONGFULNESS, (ii) substantial capacity to PERFORM A MATERIAL ELEMENT of the offense, or (iii) SUFFICIENT WILLPOWER to choose whether the person would do the act or refrain from doing it.

105
Q

Statutory Defenses: Statutory Defenses: Intoxication - Involuntary - Addiction

A

Addiction DOES NOT make consumption of that substance involuntary

106
Q

Statutory Defenses: Ignorance or Mistake of Fact

A

Ignorance or mistake of fact is available as a defense if it NEGATES THE STATE OF MIND for the commission of the offense.

107
Q

Crimes Against Property: Theft - More Than $1,500 in Aggregate Stolen Property

A

If the property value of items stolen EXCEEDS $1,500 (can be aggregated), it would be a CLASS G FELONY.

108
Q

Crimes Against Property: Theft - Victim Greater Than 62 Years Old

A

If the victim of a theft is older than 62 years old, the penalty of the offenses raises a class.

109
Q

Crimes Against Property: Theft of A Motor Vehicle

A

Defendant takes, exercises control over, or obtains a motor vehicle of another individual intending to deprive them of it.

110
Q

Crimes Against Property: Unlawful Use of a Credit Card

A

Defendant uses a credit card for the purpose of obtaining property or services knowing the card was stolen or belonged to another individual who had not authorized its use.

111
Q

Crimes Against Property: Selling Stolen Property + Misdemeanor v. Felony

A

Defendant sells property knowing it had previously been stolen.

If he value of the resold property is under $1,500 it would be considered a misdemeanor, but over that would be a felony.

2022 Delaware Bar Exam (22 decks)

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