Criminal Law Final Exam Flashcards
1
Q
Two types of CL MR Intent
A
General intent
Specific Intent
2
Q
What type of intent is burglary?
A
Specific Intent
3
Q
What type of intent is larceny?
A
Specific Intent
4
Q
What type of intent is murder?
A
Specific Intent
5
Q
What type of intent is battery?
A
General Intent
6
Q
What type of intent is arson?
A
General Intent
7
Q
What type of intent is rape?
A
General Intent
8
Q
What type of intent is manslaughter?
A
General Intent
9
Q
Two types of evidence in proving MR
A
Direct Evidence
Circumstantial Evidence
10
Q
What type of evidence is a credible eyewitness?
A
Direct Evidence
11
Q
What type of evidence is physical evidence?
A
Direct Evidence
12
Q
What type of evidence are statements by the Def?
A
Direct Evidence (5th Amendment and Miranda)
13
Q
What are the 4 MPC MR elements (MR words)?
A
Purposely
Knowingly
Recklessly
Negligently
14
Q
What are the 3 factors in AR?
A
Act
Omission
Possession
15
Q
Vagueness Doctrine?
A
A constitutional rule that requires criminal laws to state explicitly and definitely what conduct is punishable. Criminal laws that violate this requirement are said to be void for vagueness. Vagueness doctrine rests on the due process clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution. By requiring fair notice of what is punishable and what is not, vagueness doctrine also helps prevent arbitrary enforcement of the laws.
16
Q
What is the Act in AR?
A
Where a voluntary act is required.
17
Q
What is the Omission in AR?
A
An instance where one SHOULD act. Like filing your taxes.
18
Q
What is the Possession in AR?
A
Knowingly procured or received the thing possessed. Were aware of his control thereof for a sufficient period to have been able to terminate his possession
19
Q
What is Purposely in MPC MR?
A
Conscious Objective to engage in the conduct or cause the result
20
Q
Knowingly MPC MR?
A
Aware of the conduct’s nature or the circumstances existence
21
Q
Recklessly MPC MR?
A
Consciously disregard a substantial and unjustifiable risk that the element will occur or exist
22
Q
Negligently MPC MR?
A
SHOULD be aware of a substantial and unjustifiable risk that the element will occur or exist
23
Q
Willful Blindness?
A
deliberate ignorance is a form of knowledge, not a substitute for knowledge
24
Q
Transferred Intent examples
A
Shooting at a dog and killing a person
Throwing a rock at a person and breaking a window
25
Malum in se?
Where the act itself is evil/wrongful in nature. Murder is an evil act because the community thinks it to be evil and wrongful
26
Malum prohibitum?
Where the act is wrongful because it is prohibited by law. Not inherently evil. Speeding is malum prohibitum because statutes prohibit this type of action
27
Strict Liability in Criminal Law
Public Welfare Offense.
28
Inchoate?
That which is not yet completed or finished
29
What are 3 Inchoate Offenses? (ASC)
Attempt
Solicitation
Conspiracy
30
What are the 3 types of Attempted Crimes? (Tried but...)(3 Fs)
Tried but Failed (unsuccessful)
Tried but Foiled (interrupted/captured)
Tried but Fooled (impossible)
31
Two tests for Attempt at CL AR?
Proximity Test
| Unequivocal Test
32
T/F For most states, the penalty for Attempt is less than the punishment available for the completed crime?
True. Often, the punishment is limited to half the maximum penalty. In some states (minority MPC), Attempt is punished just as severely as the completed crime
33
T/F Impossibility is a defense to Attempt.
False. Impossibility is NOT a defense to attempt
34
What is the CL MR of Attempt?
Cause with general intent
35
What is the MPC MR of Attempt?
Conduct: purposely engages in conduct
Result: with the purpose of causing it
Circumstances: the MR is unchanged from what it would be for the actual completed crime
36
Three factors for MPC crimes? (CRC)
Conduct
Result
Circumstances
37
Is there a defense for Attempt?
Yes, Abandonment
38
What is Abandonment MPC modern rule?
A defense for an Attempted crime, where the crime never occurs because you backed out. Prevented the commission of the offense, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose
39
What is Abandonment CL traditional rule?
No defense to this. Once the Defendant has crossed the line from preparation to attempt, the inchoate crime cannot be undone or erased
40
MPC for Solicitation?
"Commands, requests, or encourages another person to engage in specific conduct that would constitute" the crime, attempt, or complicity
41
Key difference between Attempt and Solicitation
There must be Purpose for all AR elements, unlike Attempt.
42
T/F Impossibility is NOT a defense for the crime of Solicitation?
True.
43
What is a defense to Solicitation?
Renunciation, where after soliciting the crime, the defendant then "persuaded him not to do so or otherwise prevented the commission in a "complete and voluntary renunciation of his criminal purposes"
44
Who is guility? A solicits B. B refuses.
A is guilty of solicitation
| B is not guilty
45
Who's guilty? A solicits B. B agrees
Both A and B are guilty and have formed a conspiracy
46
What happens if A solicits B, but the message is not received? (MPC)
A is guilty but B is not.
47
What are the different types of Theft? (7 of them) (L,LbyT,F,E,R,B,R)
```
CL Larceny
Larceny by Trick
False Pretenses
Embezzlement
Receiving Stolen Property
Burglary
Robbery
```
48
Elements for Larceny (4) (CL)
Trespassory taking
carrying away
of personal property of another
with intent to permanently deprive
49
Larceny by Trick
(a lie) the elements are the same for Larceny, minus the "taking". Example: the victim knows that they are giving the property to the thief, but the thief lied to accomplish this
50
False Pretenses
The elements are the same for Larceny by Trick, except for what is obtained from the victim. Where you get the title to the property that. Example: if the victim thinks they are giving the property to defendant temporarily, the crime is larceny by trick. But if the victim knows they are giving the property to defendant to keep forever, the crime is false pretenses
51
Embezzlement
Conversion
of personal property]by a person in lawful possession
with intent to permanently deprive
52
Receiving Stolen Property
Receiving possession of personal property
Knowing that it was obtained by theft or other criminal offense by another
With intent to permanently deprive the true owner
53
Robbery
```
Tresspassory taking and carrying away
of personal property of another
with the intent to permanently deprive
from the other's person or possession
by force or intimidation
```
54
Burglary
```
Breaking
and Entering
dwelling of another
in the nighttime
with intent to commit felony therein
```
55
Complicity
An individual is complicit in a crime if they are aware of its occurrence and have the ability to report the crime, but fail to do so. As such, the individual effectively allows criminals to carry out a crime despite potentially being able to stop it from happening, either directly or by contacting the authorities. The offender is a de facto accessory to the crime, rather than an innocent bystander.
56
AR of Conspiracy under CL
AR is a bilateral Agreement. There must be an overt act to commit a crime. Same for MPC. The conspiracy must merge with the completed act
57
AR of Conspiracy under MPC
Same under CL. Agreement with an overt act to commit a crime. The conspiracy must merge with the completed crime
58
What are the 3 scopes of Conspiracy?
Chain conspiracy
Hub and Spoke
Wheel
59
Chain Conspiracy?
One large conspiracy involving all of the participants. The small agreements are links in an overall chain
60
Hub and Spoke Conspiracy?
Separate conspiracy's. The central hub interacts with each spoke, who are independent of each other
61
Wheel Conspiracy
The spokes are also connected to each other as well as to the central hub. So it is one large conspiracy
62
MPC of Conspiracy
"With the purpose of promoting or facilitating the commission of the offense.
63
CL MR of Conspiracy
The Defendant has knowledge that he is joining a conspiratorial agreement
64
Is Conspiracy a General Intent crime of a Specific Intent crime?
Specific Intent
65
Defenses to Conspiracy
Limitations of Liability: Can't be convicted as an accomplice to an offense if... he is an innocent instrumentality of the offense, victim of the offense, incapable of committing the offense, or his conduct is inevitably innocent to the crime's commission
66
T/F Leaving a Conspiracy is a complete defense (same for MPC and CL)
False. You are still guilty of the conspiracy charge, but you have no future liability. You have to advice the conspirators or tell police
67
How do you end Complicity? (Defense)
Must give timely warning to police or otherwise use the proper effort. Must wholly deprive yourself of the effectiveness of the complicity before the offense is committed.
68
What is Wharton's rule?
if the definition of the crime requires two people to commit it, then those two cannot be charged with conspiracy. It is now demoted to presumption
69
Homicide
Causation resulting in the death of a person (cause of death)
70
AR of Homicide under CL
Unlawful
Killing
of a human being
71
MR of Homicide under CL
Malice aforethought-Murder
| No malice aforethought- Manslaughter
72
AR of Homicide under MPC
Conduct- any act or omission
Circumstance- another/ human being
Result- Causes death
73
MR of Homicide under MPC
Purpose, knowledge, recklessness, negligence plus several special rules just for homicide
74
What are the 3 levels of Homicide?
1st Degree murder
2nd Degree murder
Manslaughter
75
1st Degree murder? (CL MR)
willful, deliberate, and premeditated = express malice. Includes Felony murder
76
2nd Degree murder? (CL MR)
intentional killing. "depraved heart" = implied malice. also, the heat of passion
77
Manslaughter? (CL MR)
Negligence Crime.
78
Two types of Manslaughter
```
Voluntary Manslaughter (intentional killing)
Involuntary Manslaughter (unintentional killing)
```
79
T/F Involuntary manslaughter is a specific intent crime
False. General intent (reckless or criminally negligent)
80
What is Depraved Heart Murder in Involuntary Manslaughter?
Extreme indifference to the value of human life
81
What makes the difference between Voluntary Manslaughter and 2nd Degree Murder?
In VM, there needs to be adequate provocation, raised by the Heat of Passion argument to reduce the conviction
82
What are the adequate forms of provocation?
Serious battery or assault
Observing spouse in the act of adultery
There are others (mutual combat, witnessing serious crime against close relative)
83
What are Inadequate forms of provocation?
Mere words, like insulting words (race or religion) or informational words (I've been cheating on you or I just killed/raped your child)
84
MPC of Voluntary Manslaughter
Crime is still committed under the influence of extreme emotional or mental disturbance for which there is a reasonable explanation or excuse. All under the circumstances as he believes them to be. Still requires proof that the defendant was disturbed at the time of the killing
85
AR of Rape under CL
Carnal knowledge (penetration)
of a woman (gender neutral)
forcibly
against her will (without consent)
86
MR of Rape under CL
Just need General Intent to commit rape (reasonably knowing that you are having forced intercourse)
87
Statutory Rape
Sexual intercourse with a victim that is below the age of consent (often 16 years old)
88
5 types of Defenses (FOJEN)
```
Failure of Proof
Offense modification
Justification
Excuse
Non-exculpatory public policy
```
89
Failure of Proof Defense?
Lack of MR/AR
90
Example of an Offense Modification defense
abandonment, etc
91
Example of a Justification defense
Self Defense, necessity, etc
92
Example of Excuse Defense
Duress, insanity
93
Example of non-exculpatory public policy
statute of limitations, lack of jurisdiction
94
Is self Defense a complete defense to a charged crime?
Yes, if the elements of Self Defense are present. The mistake of fact must be reasonable
95
What is Self Defense at CL? (3 elements)
1. Anyone other than an aggressor
2. who anticipates immediate physical harm
3. may use reasonable force in self-defense
96
What are the 2 types of Reasonableness?
Objective (It was 4 on 1!)
| Subjective (I was scared to death!)
97
What are the 4 types of Self-Defenses?
Self Defense
Defense of others
Defense of Personal Property
Defense of Home
98
T/F Mistake of Criminal Law is a Defense
False. Mistake of Criminal Law is NOT a defense
99
T/F Soliciting someone to commit a crime is also Attempt
False. Solicitation is it's own crime in itself. Attempt is something else
100
T/F Abandonment of an attempt is not a defense under CL
True
101
Can you steal services (rather than property)?
No. Theft only applies to stealing property
102
What are the 5 kinds of AR elements under the MPC for Complicity/Conspiracy?
```
Solicits
Aids
Agrees to aid
Attempts to aid
Omits a legal duty
```
103
What are some examples of "Aiding and Abetting"?
Encourages, assists, or conspires
104
If a defendant uses an innocent agent to commit a crime, does the defendant become an accomplice to that crime?
No
105
Does the MPC merge a conspiracy charge into a subsequent attempt/completed object offense?
Yes
106
Does the CL merge a conspiracy charge into a subsequent attempt/completed object offense?
No
107
Does the MPC merge a solicitation into a conspiracy once the agreement is formed?
Yes
108
Does CL merge the attempt of a crime into a completed offense?
Yes
109
Does MPC merge the attempt of a crime into a completed offense?
Yes
110
Is Conspiracy a General Intent or Specific Intent crime under CL?
Specific Intent
111
Is Complicity a General Intent or Specific Intent crime under CL?
Specific Intent
112
What is the Pinkerton Rule (liability)?
(associated with Conspiracy) rule imposes liability on the conspirator even if those offenses are actually performed by co-conspirators.
113
Does the Pinkerton Rule apply under MPC?
No
114
Does the Pinkerton Rule apply under CL?
Yes
115
What determines the type of homicide, MR or AR?
MR
116
M'Naghten Test
Insanity defense test that is purely cognitive. A disease of the mind caused a defect of reason so great that the defendant either didn't know the nature and quality of his act or didn't know it was wrong
117
Is Involuntary Intoxication a Defense?
Yes
118
Is Insanity a MR Defense?
No
119
Is Insanity an Excuse?
Yes
