Criminal law FINALS Flashcards
1
Q
Larceny defined?
A
Trespassory taking, Asportation, PP of another, with intent to deprive.
2
Q
What elevates larceny to robbery?
A
Accomplished by force or fear
3
Q
Larceny by ________ is when someone uses deception to gain possession of another’s property without owners consent.
A
Trick
4
Q
T/F) Larceny can be satisfied by even the “slightest” change in position.
A
True. “Trespassory taking, asportation, personal property, with intent to deprive permanently.”
5
Q
What intent level is larceny?
A
Specific
6
Q
_____ pretenses: Acquiring title fraudently through false statements, past or present.
A
False pretenses
7
Q
______________: Lawful possession of property then coverted to own personal use.
A
Embezzlement
8
Q
Giving money to the bank teller for deposit, then teller keeps for her own use.
A
Embezzlement
9
Q
_______ is a rule that says if someone has possession of a bunch of things and takes some of them without opening the container, it’s theft but not larceny. However, if they break open the container and take some or all of the contents, it’s considered larceny.
A
Breaking the. bulk
10
Q
_____ ____ Doctrine example: Someone goes for joy ride, intending to abandon or never return. Then decides to keep.
This doctrine is helpful when trespass is ongoing and someone’s intent changes.
A
Continuing trespass Doctrine
11
Q
______: Victim has entrusted property to ∆ and the ∆ then converts property to his or her own use. [Bank Teller]
A
Embezzlement
12
Q
What is embezzlement known as in SC?
A
Breach of trust
13
Q
Receiving stolen property occurs when ∆:
(1)__________ &
(2) __________
A
(1) Receives possession &
(2) Control of property
“Possession/dominion and control”
14
Q
Difference between larceny and robbery?
A
Robbery is accomplished through force or fear.
15
Q
Is an object resembling a weapon sufficient to charge for armed robbery?
A
Yes.
16
Q
CL Burglary defined?
1.
2.
3.
4.
A
- Breaking and entering
- Dwelling of another
- at nighttime
- With intent to commit a felony [If misdemeanor, it is not burglary charge]
17
Q
Attempted is also known as _____ crimes.
A
Inchoate crimes
18
Q
__________: 2 or more persons who agree to work together to violate the law or do a lawful act in an unlawful manner.
A
Conspiracy
19
Q
Define conspiracy:
1.
2.
3.
A
- Two or more persons, who [AR] agree…
- To violate the law or
- Do a lawful act in an unlawful manner [MR]
20
Q
What is the AR for conspiracy?
A
The act itself.
21
Q
Conspiracy is an… [K]
A
… illegal contract.
22
Q
T/F) To charge conspiracy, if you can show an agreement, even if it’s passive, that’s all you need.
A
True
23
Q
In addition to CL requirements for Conspiracy, under the FED statute, you must also plead what?
A
At least one OVERT act. Something done in “furtherance” of the conspiracy.
24
Q
What is an OVERT act? [FED Conspiracy]
A
Buying of guns and masks before an armed robbery. The buying of guns/masks would constitute the overt act.
25
An ____ act is one done in the support or furtherance of the conspiracy itself.
Overt act
26
T/F) Overt act MUST be pleaded in federal indictment for conspiracy.
True
27
Is conspiracy a standalone chargeble offense?
Yes
28
Conspiracy also can create VL. [T/F]
True
29
_____ liability: You can be liable for the substantive crime done by someone else.
Vicarious liability
30
______ or accessory liability is a theory of VL for substantive crimes.
Accomplice
31
Is accomplice liability charged as an independent crime?
No.
32
Why is accomplice liability not charged as indp. crime?
Its a theory of VL.
33
The CL developed this to ensure we "get em all."
Accomplice liability
34
4 types of accomplices?
1. Principles in 1st degree
2. Principles in 2nd degree
3. Accessories b4 fact
4. Accessories after the fact
35
AL: Principles in 1st degree?
The guy who went in with gun to rob bank.
36
AL: Principles in 2nd degree?
Getaway driver
37
Accessories b4 and after the fact require ____ intent.
Specific
38
Accessory ______: Aided b4 the crime.
Accessory b4 fact
39
Accessory _____ : The guy you junk the car to after robbery.
Accessory after fact
40
Attempt at CL?
1.
2.
1. Specific intent to commit the crime
2. Acts done in furtherance of that intent
41
MPC Criminal attempt?
A.
B.
A. Purposely engages in conduct that would constitute the crime -- if AC are as he believes them to be.
B. Purposely does or omits to do anything that he believes constitutes a substantial step in commission of crime.
42
MPC Criminal attempt, what is substantial step (C)?
Strongly corroborative of actor's criminal purpose.
43
MPC Crim. Attempt. Examples of substantial step?
* lying in wait
* unlawful entry
* possession of material employed in commission of crime
* etc.
44
Abandonment is an affirmative defense to what?
Criminal Attempt
45
A person is NOT guilty of attempt if:
(1)
(2)
(1) He abandons his effort to commit the crime AND
(2) His conduct manifests a complete renunciation of criminal purpose.
46
An attempt to charge criminal crimes requires proof 'BARD' that the ∆ acted with the ____ intent to commit the crime.
Specific Intent
47
MPC __________ : It is an affirmative ∆ to charges of criminal attempt, solicitation, or conspiracy, that the person prevented said charges UNDER CIRCUMSTANCES MANIFESTING A COMPLETE AND VOLUNTARY RENUNCIATION. [This is not a defense at CL]
MPC Renunciation defense
48
Define MPC Renunciation:
An affirmative ∆ to criminal attempt, solicitation, conspiracy, whereas person successfully prevents commission of the offense manifesting a complete and voluntary renunciation.
49
T/F) To be considered 'voluntary,' the decision to ABANDON must originate with the ∆, not as a result of extrinsic factors.
True
50
When can you use the affirmative defense [MPC] of Renunciation?
Only after the entire criminal attempt has occurred.
51
T/F) B4 manifesting intent of abandonment, if his criminal endeavor was made in response to an extrinsic factor, not a product of his own volition, this does NOT constitute a legal ∆.
True
52
_____________ For purpose of promoting or facilitating commission of a crime, he commands or encourages another person, to engage in specific conduct that would constitute such crime.
Solicitation
53
Define Solicitation per the MPC.
1. For purposes of promoting or facilitating commission of a crime...
2. He commands or encourages another...
3. To engage in specific conduct constituting commission of such a crime.
54
Is Renunciation a defense to Solicitation?
Yes. Valid ∆ to:
1. Criminal attempt
2. Solicitation
3. Conspiracy
Not valid at CL. Must be complete and voluntary.
55
Does it matter that the actors doesn't 'communicate' with the person he has solicited to commit the crime?
No. "It is immaterial that the actor fails to comm. with the person he solicits to commit a crime if his conduct was designed to effect such communication."
56
_______ Solicitation: It is immaterial that the actor fails to communicate with the person he solicits to commit a crime if his conduct was designed to effect such a communication.
Un-communicated Solicitation
57
If a person tries to get another person [solicitation] to hire a hit man to commit murder, is that person guilty of solicitation of murder?
Yup.
58
T/F) The crime of solicitation is complete as soon as you ask, even if the other person says no.
True
59
Conspiracy is a standalone crime. What about attempt / solicitation?
No. They merge into the substantive crime.
60
Does the federal drug conspiracy statute require pleading of an overt act?
No.
61
62
T/F) CL attempt, you can't renunciate. You are charged regardless.
True
63
Can you charge more than one crime under conspiracy?
Yes! As long as they are the object of the "same agreement."
64
_____ rule: When the crime itself requires two persons [adultery, bribery, bigamy] you can't charge conspiracy.
Wharton's rule
65
Federal conspiracy requires pleading at least one overt act in 22 statutes. Which one does not?
Drug conspiracy statute.
66
Is being with someone when they committ a crime enough for conspiracy?
No. You have to know and you must do something to get involved.
67
______ doctrine: also known as ____ liability is a legal principle that holds a conspirator responsible for crimes committed by their co-conspirators.
Pinkerton doctrine / liability
68
To find guilt based on Pinkerton liability / doctrine, courts require co-conspirators offenses to have been:
1.
2.
1. Foreseeable, and; [Natural & probalbe]
2. in furtherance of conspiracy
69
The _______doctrine allows a defendant to be found guilty of a crime they didn't commit if they were part of a conspiracy to commit that crime. The doctrine applies to all members of a conspiracy, unless they took steps to disavow the conspiracy
Pinkerton
70
Is the government required to charge conspiracy to invoke Pinkerton doctrine? Why?
No. It is a theory of VL for actions of co-conspirators.
71
72
Under modern accomplice liability approach, the person is not guilty of "adiding and abetting," the person is guilty of the crime for which she provided assistance. [T/F]
True
73
Is mere presence at the scene of a crime sufficient to charge accomplice liability?
No.
74
Under the modern approach for accomplice liability, if principle actor is acquitted, you can not be charged as well. [T/F]
False. That was the CL approach.
75
T/F) For accomplice liability, you must have specific intent knowledge of the crime that is being committed.
True
76
Accomplice liability requirements:
You intended to assist and "actively assisted" in the completion of crime.
77
Do you have to be physically present at the scene for conspiracy?
No.
78
When can you use deadly force in self defense?
When deadly force used on you is (1)Imminent or (2)Underway.
79
Self defense actions must be (1) and (2).
1. Necessary
2. Proportional
80
Self defense elements:
1.
2.
3.
4.
5.
6.
7.
1. Threatened with imminent
2. unlawful
3. force
4. that could cause injury
5. rsble person believe cant be avodied without force
6. defends by use of rsble force
7. Did not start the situtation itself
81
Define self defense
Threatened by imminent unlawful force, that could cause injury, that reasonable person could not avoid, uses reasonable force in defense, and did not start it.
82
In a [Bilateral/Unilateral] jurisdiction, at least two people must actually agree on a criminal plan in order for a conspiracy to exist.
Bilateral Jurisdiction
83
In a [unilateral/bilateral] conspiracy jurisdiction, the act of a single person who believes—rightly or wrongly—that he or she is agreeing with another person to commit a crime is sufficient to establish a conspiracy.
Unilateral Jurisdiction
84
Under _________ Rule, two people may not be convicted of a conspiracy where each of them has agreed to commit a crime that necessarily requires the participation of both of them. Incest is just such a crime.
Whartons rule.
85
What jurisdiction can get a conviction, circumnavigating the Wharton rule for conspiracy?
Unilateral Jurisdictions
86
T/F) If Moe, Larry, and Curly conspire to rob 3 places. Are they charged for one overarching conspiracy or 3 sep. conspiracies?
One overarching.
87
To establish the mens rea of conspiracy, the prosecutor must prove the an alleged conspirators’ intent to agree with another person to commit the crime, and the intent to....
IE: Staying away from apt example for bagging of cocaine. She stayed away [agreement] but did not have MR to commit the crime itself.
Commit the crime itself.
88
Is planning a robbery and observing said bank enough to charge conspiracy?
Yes. The observation itself is an overt act and the "planning" is enough to satisfy agreement.
89
Conspiracy AR =
Conspiracy MR =
AR = The agreement itself.
MR = Intended with each other to do a crime.
90
T/F) Solicitation consisting only of obviously hollow threats, joking, or bragging is enough to charge.
False.
91
T/F) Moreover and significantly, the crime of criminal solicitation exists whether or not the criminal act solicited actually took place or whether the person solicited took any steps to accomplish it.
True
92
T/F) It is a valid defense to a charge of criminal solicitation that the person being solicited could not commit the crime for which he or she was solicited.
False
93
What is a big requirement for CL larceny?
You must deprive permanently.
94
T/F) The CL Larceny statute only applies to personal property.
True
95
T/F) At common law, lost property that clearly belonged to someone else was treated as if its owner was still in possession of it. A person who found lost property and took it, intending to keep it rather than to try to return it to its owner, was therefore guilty of larceny.
True
96
If you find lost property and keep it... is this Larceny in CL J?
Yuppers.
97
(MPC) ________ theft offense: If the prosecution prosecutes a person for one type of included theft offense but the evidence at trial establishes the commission instead of a different type of included theft offense, the accused is still guilty of theft under the statute.
Consolidated theft offense
98
Attempt:
To charge CL =
To charge MPC =
CL = Prove specific intent for the crime intended.
MPC = Prove "substantial step" taken in furtherance of the crime
99
T/F) A person cannot be convicted of an attempt offense entirely on the basis of his or her thinking about or decision to commit that crime.
What is required?
1. True
2. Proof of the AR element of attempt requires the prosecution to establish BARD that the accused went farther than simply engaging in “mere preparation” to commit a crime.
100
What is the "minoriity" test for attempt?
Proximity test. IE: How close did the actor come to committing the charged crime?
101
Attempt:
"In a majority of jurisdictions, the MPC test applies, and the prosecution must prove that the accused took _________________ in a course of conduct planned to culminate in . . . commission of the crime.”
Substantial step.
102
The mens rea of any attempt crime is the defendant’s intent to....... that was the alleged criminal objective of the attempt.
... Commit the specific crime that has been charged.
103
Attempt:
"And in minority jurisdictions which use some form of _______ test (how close did the actor come to completing the crime?"
Minority Js use the Proximity test = How close did actor come to completing the crime?
104
"Attempted" involuntary manslaughter is a chargeable offense. [T/F]
False. Trick Q.
105
To establish the defense of "Abandonment," the accused must show that their abandonment was....
Voluntary. IE: Not influenced by extrinsic factors.
106
Even in a jurisdiction that uses the retreat doctrine, there is an exception to that rule when the person using defensive deadly force is acting in his or her own home. In that case, such a person does not have an obligation to retreat. [T/F]
True. This is known as the "Castle doctrine" exception to the duty to retreat rule.
107
Exception to the castle doctrine?
Co-Inhabitants. In this case, IE: Hubby and wife, you should try to retreat first.
108
If shooter has gun on wife, and you kill in a J where there is a duty to retreat. what is your duty?
Only to retreat if the wife can retreat. If she cannot, then you don't have to.
109
T/F) In most jurisdictions, the use of non-deadly force is held to be lawful when the person using it reasonably believes that it is necessary to use it to prevent or terminate an unlawful trespass or the unlawful carrying away of that person’s property.
True
110
What is the standard applied to self-defense arguments?
Reasonable person standard
111
Self defense: Reasonable person standard is an [objective/subjective] standard.
Objective
112
T/F] The American CL did not have a duty to retreat. This is the majority rule today in most Js.
True
113
The English CL does have a duty to retreat and we have adopted this in a minority of Jurisdictions. [T/F]
True
114
_____ Doctrine: You don't have a duty to retreat from your home.
Castle Doctrine
115
Co-workers do not have a duty to retreat. [T/F]
True. Both entitled to be on the job.
116
___ ___ rule: If you interfere in someone else's fight, you have the same/no more rights than your partner would have.
Alter-ego rule
117
Under the alter ego rule, if husband was initial aggressor, wife is too. [T/F]
True
118
When you came upon the fight, how would a reasonable person have viewed this? [ ___ ___ standard]
Reasonable belief/person standard
119
T/F] When tussling with someone over property, you have no duty to let it go. This may even shift over into self-defense scenario.
True
120
What is the general rule for defense of property?
No deadly force. You can defend property though.
121
To be convicted as accessories, it must be proved that each person...
1. Each of them actually intended to assist another person in committing this particular crime and intended.
2. That that person actually commit that crime.
122
Define CL homicide
An unlawful killing of a human being
123
Define murder at CL
An unlawful killing of a human being with malice afterthought
124
Define CL manslaughter:
An unlawful killing of a human being without malice afterthought
125
CL murder malice requirements:
1.
2.
3.
4.
1. Intentional killing
2. Intentional beating
3. Depraved heart
4. Felony murder
126
How is CL murder reduced to VMS?
Reasonably provoked into HOP killing without sufficient cooling off time. [Where a reasonable person would not have cooled off]
127
[VMS] HOP is _____ standard.
Subjective standard
128
[Sentencing]
1. CL murder
2. VMS
3. IVMS
1. 30+
2. 5-30
3. 0-5
129
In most jurisdictions, IVMS is one done in ____ or ___ negligence.
Gross or Criminal negligence = IVMS
130
Define IVMS
Unintentional killing of a human being while committing negligent or unlawful act.
131
MPC Purposefully
If an element involves the nature of his conduct or result thereof, it is his conscious object to engage in such conduct or cause such a result.
If an element involves AC, he is aware of them or hope they exist.
132
MPC knowingly
If an element involves nature of his conduct or attendent circumstances, he is aware his conduct is such or such circumstances exist.
If an element involves result of his conduct he is "practically certain" his conduct will cause such result.
133
MPC recklessly
Acts recklessly when he "consciously disregards" a substantial and unjustifiable risk that an element exist.
Such disregard is a gross deviations from the acts of a law abiding citizen.
134
MPC negligently:
A person acts negligently when he fails to perceive a substantial and unjustifiable risk that an element exists.
Such failure is a gross deviation from acts of reasonable average person.
135
T/F) An accomplice to a crime can be convicted of that crime simply by proving that she was an accomplice, regardless of what has happened—if anything—to the principal actor, even if principal actor was acquitted.
True
136
2 Causation types?
1. But for
2. Proximate [actual]
137
What does the government have to prove when charging "known legal duty MR?"
1. he knew the law
2. he broke it anyways
`
138
____ _____ is the highest possible MR, even about purpose and knowledge.
Known legal duty
139
T/F) For murder in many jurisdictions, malice can be implied from the accused’s act of gross recklessness [because murder is general intent] or actions undertaken with extreme indifference to the value of human life.
True
140
In MPC, 1st degree murder requires what?
Malice, premeditation, deliberation.
141
[1st degree murder MPC] T/F) Malice is often presumed where a person has killed another person by using a deadly weapon, e.g. a gun or a knife, on a vital part of the victim’s body. IE: It doesn’t matter if they actually had malice if deadly weapon is used in MPC.
True
142
Mistake of fact and law are ______ ∆s.
Affirmative ∆s
143
Activity like making drugs or food can cause serious harm to the public. If not done properly, can cause extreme health issues.
No MR required to charge.
Public Welfare offenses
144
Legislatures have enacted laws that imposes criminal punishment when the violation involves protection of the public welfare without requiring proof of defendant’s intent.
Public welfare offenses
145
Court says when you have to prove intent, if you have taken steps to not know what is happening, that is willful blindness the gov. can charge. Also called ostrich charge. So what do you charge?
Willful blindness = Knowingly.
"You took steps not to know"
146
T/F) if not clear from the statute and there is a MR mentioned for at least one element, we then assume that MR element applies to all.
True
147
If statute silent on MR?
Charge knowingly
148
Willful language means what?
Knowingly
149
CL general intent is what in the MPC?
Recklessness
Negligence
150
CL Intent:
The lowest level of intent, requiring proof that ∆ engaged consciously in the act but the government need NOT prove that the ∆ sought a particular result or was fully conscious that he was committing a crime.
General
151
CL Intent:
The highest level of intent, requiring proof that the ∆ had a particular state of mind involved in the commission of the offense.
Specific
152
CL Intent [MR] categories?
Specific and General
153
Punishment for conduct of someone who fails to assist another in need when there is no appreciable risk to them. What law?
Good Samaritan laws
154
When can inaction, IE: the omission of AR, be grounds for criminal liability?
When there was a duty to act. Moral obligations, guardians, Good Samaritan laws
155
Do all 4 elements of a crime need to be concurrent?
Yes!
156
4 elements of crime?
1. MR
2. AR
3. Attendant Circumstances
4. Causation
157
Is unconsciousness a complete defense?
Only when not self induced
158
Must AR be voluntary?
yes!
159
_____ Doctrine: Statute is void for ____ when the statute does not clearly put person on notice.
Vagueness Doctrine
160
Rule of ____: If there is general ambiguity, this rule says we use interpretation that is narrower, not broader. This is to the advantage of the accused.
Rule of Lenity
161
____ _____ Rule: “If a statute language is clear & unambiguous, statute’s ____ _____ will govern. If it is NOT clear, courts then turn to legislative history for guidance.”
Plain meaning rule
162
If the evidence is weaker than anticipated, can the state pivot and charge the jury on lesser offenses?
Yes!
163
T/F) Lesser included offenses have less elements but the elements they do have come from the larger offenses.
True
164
To establish that a person committed a crime, must every element of it be established / proven BARD?
Yes!
165
At the end of arguments, judge charges jury with the law. If he does so incorrectly?
Grounds for new trial
166
[AR]
If ∆ was aware that he suffered from this sleep disorder and that sleepwalking and other bodily movements could occur as a result and he was in a position to do something about that, e.g. through taking appropriate medication, but did not, a voluntary act may be established.
True!
167
[Causation]
T/F) More than one person can be the actual (or “but for”) cause of the same criminal result, even if they act independently.
True
168
[Causation]
T/F) Mere negligent medical treatment leading to the death of a victim who was hospitalized as the result of a prior criminal assault has been held not to break the causal chain with respect to the perpetrator of the assault.
True
169
[Conspiracy]
T/F) A co-conspirator does not need to know precisely who his or her co-conspirators are in order for a conspiracy to exist with them included.
True
170
[Solicitation]
T/F) A person’s actions are not the crime of solicitation where they consists only of obviously hollow threats, joking, or bragging.
True
171
[Murder and malice]
T/F) In many jurisdictions, it can be implied from the accused’s act of gross recklessness or actions undertaken with extreme indifference to the value of human life.
True
172
If an accused person shows that his or her actions were “involuntary,” no crime has been made out. T/F
True!
173
[Accomplice liability]
The majority rule is that an accomplice may not renounce his criminal intention after a criminal act has already taken place. In this instance, David’s act of complicity had already occurred. [Bank robbery planning. He helped plan then renounced.]
T/F
True
174
What is the majority rule for accomplice liability?
∆ may not renounce his acts AFTER he has already done them.
175
[Attempt]
A person can be convicted of an attempt offense entirely on the basis of his or her thinking about or decision to commit that crime. (T/F)
False.
176
[Attempt]
T/F Proof of the actus reus element of attempt requires the prosecution to establish beyond a reasonable doubt that the accused went farther than simply engaging in “mere preparation” to commit a crime.
True.
Majority = Substantial step
Minority = Proximity
177
[Attempt]
How can prosecution prove that ∆ completed the AR element of attempt BARD?
Actions that constitute a "substantial step" in the commission of the crime.
178
[Attempt]
Buying a weapon to use in a robbery constitutes a ___ ___ in the commission of a crime.
Substantial step
179
Under the Model Penal Code, a ∆ commits an attempt if he or she performs an act that....
....under the circumstances as he[/she] believes them to be," constitutes a substantial step toward commission of a crime.
180
[Attempt]
T/F] Purchasing a gun is a "substantial step" in the commission of a crime.
True!
181
[Attempt]
In a minority of jurisdictions, various forms of ___ _____ are used instead of the Model Penal Code approach to assess the existence of the actus reus of attempt.
Proximity tests
182
2 approaches to entrapment?
1. Subjective
2. Objective
183
Subjective view of entrapment focuses on what?
The ∆. Asks if this person is predisposed to do what the alleged crime was?
184
The subjective/objective approach to entrapment is the dominant rule in FED court and most states.
Subjective rule
185
The _____ approach to entrapment is a legal standard that judges whether a defendant was predisposed to commit a crime before law enforcement intervened. This defense is the appropriate remedy where there is a good faith basis to assert that the accused lacked predisposition to commit the offense in question.
Subjective. Dominant approach.
186
The ________ approach focuses on the defendant's individual circumstances, and provides a defense if law enforcement pressured the defendant to commit a crime against their will.
Subjective
187
T/F) The subjective approach to Entrapment provides a defense if LE goes too far and pressures ∆ to commit the crime against their will.
True
188
T/F) If a law-abiding citizen is approached by a prostitute and agrees to have sex with her, the citizen might not be able to use an entrapment defense because they readily agreed to commit the crime.
True
189
[Attempt]
In a majority of jurisdictions, the MPC requires the prosecution must prove that the accused took a _____ _____ in a course of conduct planned to culminate in the commission of the crime.
Substantial step
190
[Attempt]
In a minority jurisdictions, which use some form of proximity test, which means what?
How close did the actor come to completing the crime?
191
[Attempt]
2 tests?
MPC = Substantial step
Minority Js = Proximity
192
[Attempt]
The mens rea of any attempt crime is...
∆s intent to commit the charged crime
193
T/F) There is no abandonment defense to a criminal act which has already been completed. IE: You stole a purse, then returned it later.
True. Abandonment ∆ can be raised if you abandoned your actions b4 crime was completed.
194
T/F) An apparent abandonment by an accused is not voluntary, however, if it is motivated, in whole or in part, by circumstances that were not present or apparent at the beginning of the course of conduct that increase the probability of detection or apprehension or make it more difficult to accomplish.
True. Abandonment must be voluntary and not influenced by extrinsic factors.
195
The AR of __________ is the act of commanding, encouraging, or requesting another person to commit a particular crime, prostitution in this case.
Solicitation
196
In a majority of jurisdictions, a death occurring when an accused person is committing, attempting to commit, or fleeing after committing a felony is deemed to be the crime of _____ murder.
Felony murder
197
[Felony murder]
In most jurisdictions, it applies only to a specified list of serious or _______ felonies. In other jurisdictions, it applies to a death occurring during the commission of any felony deemed to be ___ ____ to human life.
1. Majority = Serious [triggering] felonies
2. Minority = Inherently dangerous
198
[Felony murder]
In most Js, the death must be ____ related to the felony.
Casually
199
[Felony murder]
T/F) In addition, the felony murder requirement applies only to a victim’s death that occurs during the commission of the triggering felony.
True
200
[Felony murder]
Felony = Armed bank robbery
Facts = Arrested two days later. Car chase pursues killing civilian.
Charge = Felony murder
Valid?
No. 2 days later is probably too long. The commission of the felony is complete and purps have reached a "safe haven."
201
The MR showing required for INVMS is commonly ______ negligence. This is an objective element which is satisfied when the accused should have been aware of a ____ and _____ risk that death or serious bodily injury might occur as a result of his actions.
1. Gross negligence
2. Substantial and unjustifiable risk
"∆ failed to recognize a substantial and unjustifiable risk that equates to a gross deviation of actions of a RAP."
202
1st degree murder requires?
1.
2.
3.
1. Malice
2. Premeditation
3. Deliberation
203
The _______ entrapment ∆ focuses on behavior of law enforcement, rather than the ∆s predisposition to commit a crime. Criminal record not admissible.
Objective entrapment
204
______ entrapment [Dominate rule] focuses on the ∆s predisposition.
Subjective entrapment
205
[Entrapment]
The _________ approach focuses on the defendant's individual circumstances, and provides a defense if law enforcement pressured the defendant to commit a crime against their will. IE: ∆ was NOT predisposed.
Subjective. This is the dominant rule.
206
The ________ entrapment defense focuses on the defendant's predisposition to commit the crime, and the defendant's criminal record is admissible to prove this.
Subjective
207
[Entrapment]
The minority rule checks if the government's actions were so bad that they would make a person who DIDN'T want to, do something illegal.
Objective. We are looking to see if LE behavior is "sufficiently outrageous."
208
[Entrapment]
Under a__________ approach, the focus is on whether the police used persuasive tactics to induce the defendant to commit a crime they were not already inclined to do.
Subjective
209
T/F) Competency is not really a ∆ to a crime. This is addressed before trial.
True. If your incompetent you cant be tried in first place.
210
Competency is not about the crime, it's about what?
If you understand the trial process itself. Are you competent to stand trial?
211
Who decides competency in a hearing before the trial?
Judge. Subject to abuse of discretion.
212
Can anyone make a motion for competency?
Yup
213
Insanity is about the crime. Competency is about the trial. T/F
True!
214
If you are found incompetent to stand trial? You get off scott free?
Civil commitment bucko.
215
4 different insanity defenses?
1. M'Naghten rule [Majority]
2. Irresistible Impulse test
3. Durham test [but for insanity, would not have happened]
4. MPC: Suffered from insanity at time of crime and unable to conform to the law.
216
[Insanity]
______ rule:
(1) Purely cognitive test. At the time of crime, when you pulled trigger, were you insane? Couldn't understand nature of actions.
(2) Moral test. If you did understand, you didnt understand moral consequences.
M'Naghten Rule
217
[Insanity]
______ rule: Under this rule, you are "insane" if you are incapable of knowing the difference between legal and moral right or wrong.
M'Naghten rule. Hardest rule. Majority / MPC. Looks at your actions when you pulled the trigger.
218
[Insanity]
_________ test is the most liberal. States ∆ is not responsible if their act was result of mental defect or disease. IE: If you have a mental defect, not responsible.
Durham test
219
Duress is not a good defense to murder charge because actions undertaken in response to a threat never justify an act of homicide. T/F
True. Duress is normally a good ∆, just not for murder.
220
Two prongs of the MN insanity test?
1. Nature/Quality of her act [Did you know what you were doing? IE: Pointing gun at 2 kids?]
2. Moral incapacity [If you did know nature of your actions, did you understand the consequences?]
221
The actus reus of conspiracy is an __________ between one or more persons to commit a criminal act or to use criminal means to commit a lawful act.
Agreement
222
What is the AR for conspiracy ?
The agreement itself
223
What is the MR for conspiracy?
That purps intended to agree with one another to commit the crime, and that they intended to commit the crime itself.
224
In a _________ jurisdiction, at least two people must actually agree on a criminal plan in order for a conspiracy to exist.
Bilateral. You can't charge here if one did not agree to the conspiracy.
225
However, a majority of jurisdictions that criminalize criminal conspiracies today follow the Model Penal Code approach to conspiracy law and permit conviction of a criminal defendant for a “unilateral” conspiracy. [T/F]
True
226
The Model Penal Code (MPC) uses a _________ approach to conspiracy: only one person needs to have a guilty mind to be convicted.
__________ approach
A defendant can be convicted of conspiracy if they agree to participate in a crime, even if no other person is involved.
___________ act
In addition to agreeing to commit a crime, at least one person involved in the conspiracy must take an action to further the illegal goal.
Unilateral
Overt act
227
The actus reus of conspiracy.....
Is the agreement to complete the specified crime.
228
If charged crime requires two ppl to even complete the crime, what rule should you be aware of when charging conspiracy in a minority rule J?
Whartons rule. If in majority J [Unilateral] then it don't matter.
229
Culpability of an accessory no longer turns on whether a principal has been convicted previously of the same crime. An accomplice to a crime can be convicted of that crime simply by proving that she was an accomplice, regardless of what has happened—if anything—to the principal. [T/F]
True
230
Malice is often presumed where a person has killed another person by using a deadly weapon, e.g. a gun or a knife, on a vital part of the victim’s body. [T/F]
True
231
To charge possession of controlled substance what must prosecution show?
The prosecution must prove that the accused was [AWARE] of his or her possession of a contraband item to a degree sufficient to be able to exercise [control] over it, and that he or she acted knowingly and voluntarily in [possessing] it.
"Dominion & Control"
232
The fact that there was cocaine in ∆s car can establish culpability in and of itself. (T/F)
False. Must have [knowledge] sufficient to exercise control and possession over it.
233
What must be shown for causation?
1.
2.
1. Actual cause [but for cause]
2. Legally sufficient cause [proximate]
234
[Causation]
CL uses what time period to find causation for death of another?
1 yr 1 day [Minority rule]
235
[Accomplice]
A person can be found guilty of a crime simply because he or she aided someone else in the commission of that crime. However, to establish such complicity, the accused must have....
... must have actively assisted the other person in the crime.
236
[Accomplice]
Is mere presence at the scene enough?
No. ∆ must have actively assisted the other person in the completion of the crime.
237
[Attempt]
1. Majority approach?
2. Minority approach?
1. Substantial step
2. Proximity test [How close did you get]
238
[Conspiracy]
In a majority of jurisdictions, the existence of a criminal conspiracy also requires proof of the commission by at least one of the co-conspirators of an ____ ____ tending to demonstrate the seriousness of the conspirators’ purpose.
Overt act.
239
1. For conspiracy you need to show an ___ act.
2. For attempt you need to show a ____ step was taken.
1. Overt act
2. Substantial step
240
Does Larceny apply to "theft of services?"
No. Larceny only applies to personal property. "Wrongful taking of PP, asportation, permanently with intent to deprive."
241
A person who found lost property and took it, intending to keep it rather than to try to return it to its owner, was therefore guilty of larceny. [T/F]
True!
242
When prosecution prosecutes a person for one type of included theft offense but the evidence at trial establishes the commission instead of a different type of included theft offense, the accused is still guilty of theft under a consolidated statute. [T/F]
Two of the most common types of included theft offense are the two at issue in the present circumstances: theft by unlawful taking and receiving stolen property.
True. Consolidated theft. This is relevant when someone received stolen property and they knew it. Maybe you cant prove they stole it, but if you can prove they received it, thats enough.
243
[Excuses]
MN Test?
1.
2.
1. Suffering from such a mental disease or defect as not to know the [nature and quality] of the act he committed or,
2. if he did know, that he did not know that what he was doing was [wrong.]
244
[Insanity ∆]
1. Suffering from mental disease such as to not understand [nature & quality] of the act he committed.
2. or if he did understand, he didn't understand that what he was doing was [wrong.] --- as referred to as moral incapacity test.
MN Test for insanity ∆
245
Which prong of MN test is the moral incapacity test?
#2.
1. Understand nature of actions
2. If understanding, does not understand why his actions morally wrong.
246
π has to establish that Livonia was suffering from such a mental disease or defect as not to know the nature and quality of the act she committed or, if she did know, that she did not know that what she was doing was wrong. [What test is this referring to?]
MN Test
247
[Defense]
"[Duress is a complete defense.] It may be used as a defense to a criminal charge when an accused person has been coerced by another person’s unlawful threats into committing a crime because he or she reasonably believed that the other person would subject him or her or a third party to death or serious injury imminently if he or she did not commit that crime." [T/F]
True
248
MPC insanity defense requirements?
1.
2.
1. At time of killing, suffering disease [Lacked capacity]
2. Lacked capacity to appreciate wrongfulness of actions / cant conform to law
249
[Entrapment]
T/F) Proof of an accused person’s entrapment by the government is a complete defense to criminal charges.
True!
250
[Entrapment]
FED courts and some states use what test?
Subjective
251
[Entrapment]
The ________ test focuses on the government rather than on the accused. It asks whether the government agents involved in the transaction encouraged or assisted the accused in committing the crime charged in an [outrageous] fashion.
Objective
252
[Entrapment]
This is a test which asks whether the accused was predisposed to commit the crime charged, i.e. it focuses on the accused person’s subjective state of mind.
Subjective. If predisposed, it is not entrapment. [Dateline]
253
[Entrapment]
T/F) "Under either test, a law enforcement agent’s act of merely giving the accused the opportunity to commit a crime is not enough, in and of itself, to establish entrapment. "
True!
254
[Entrapment]
Under the objective test, what is the jury looking at?
Looking to see if governments actions were "sufficiently outreagous."
255
[Entrapment]
Subjective test is also known as the _____ test. It is majority rule. (Going fishing)
Jacobson test.
256
[Entrapment]
Objective test is the [majority/minority] rule. (Fishing w/ dynamite)
Minority rule.
257
If LE merely gives you the opportunity to do something bad, something you already have inclination to do, is that entrapment?
No. That's fishing.
258
Example of proper entrapment?
Dateline. ∆ was already predisposed to do the crime and LE simply gave them opportunity to do it.
259
T/F) If you are predisposed to do the crime, not entrapment!
True
260
[Entrapment, subjective]
If police CREATE the predisposition (you were not predisposed on your own), is this entrapment?
Yes.
261
Prior inclination = not entrapment (T/F)
True
262
What is the objective test for entrapment looking at?
Did police solicitation rise to the level of "outrageous" conduct whereas they just kept hammering away at you.
263
Objective entrapment test looks for ____ ___ by the police.
Outrageous conduct
264
[Intoxication]
Voluntary is a valid excuse. [T/F]
False.
265
[Intoxication]
Minors don't voluntarily take anything. (T/F)
True
266
[Intoxication]
To raise a valid defense, you must show that the intoxication was involuntary.
True
267
[Intoxication]
Not so much a traditional ∆ as it is a way of showing that you lacked the ____ to satisfy the charged crime.
Mens Rea
268
The defense of necessity cannot be used to justify killing someone, unless it was done....
In self defense
269
Is necessity a defense to murder?
No, unless done in self defense.
270
T/F) Killing someone to save your own life -- eating them-- is still murder.
True
271
Which is a valid defense to murder?
1. Necessity
2. Duress
Neither.
272
3 theories of CL punishment?
1. Retributive
2. Restorative
3. Utilitarianism
273
_____ theory punishes wrongdoers "because they deserve it." [Hell yea]
Retributive
274
_________ theory seeks to create the greatest benefit to society by [deterring crime] and rehabilitating criminals.
Utilitarianism
275
This theory says we lock people up for their crime as a deterrent for others.
Utalitarianism
276
Laws in at least 28 states and Puerto Rico allow that there is no duty to retreat an attacker in any place in which one is lawfully present. [T/F]
True. Majority of Js do not have a duty to retreat for self-defense.
277
Duty to retreat. Majority or minority rule.
Minority. Most states have "stand your ground laws" and allow you to meet "force with force."
278
What is the MOST important element of self defense?
You are not the initial aggressor.
279
CL murder malice:
1
2
3
4
1. Intentional killing
2. Intentional beating [grievous bodily injury]
3. Felony murder
4. Depraved/Malignant heart [recklessness]
280
What CL intent is needed for CL Murder?
Specific Intent. This language is similar to purpose or knowledge for MPC. At CL they did not distinguish between the two.
281
INVMS is someone dying from your ___ or ___ negligence.
Criminal / gross negligence.
This is also misdemeanor murder.
282
When charging CL murder in essay?
1. Argue the intent [Including forethought]
2. Charge every malice element you can argue.
*Don't need premeditation or deliberation at CL. Just need forethought + Specific intent + Malice.
283
You don't need premeditation or deliberation at CL murder. You only need....
Specific intent at time killing blow is struck. This satisfies forethought requirement.
284
7 elements of self defense?
1. Threatened by imminent
2. Unlawful
3. Force
4. that will injure
5. Rsble person could not avoid
6. responds with rsble force
7. did not provoke
285
What is the biggest factor for consideration in self defense?
Who was the initial aggressor? Jury needs to find that out.
286
What is the general rule if you were the initial aggressor?
You don't get to claim self defense
287
Self defense must be ___ and ___
Necessary (reasonable) and proportional.
288
__ __ rule: You have no more rights to self ∆ than the person whose aid your coming to. IE: If they were initial aggressor, you are too.
Alter ego / "At your peril" rule
289
If the judge focuses upon the rationale of __________ deterrence in deciding on an appropriate sentence for π, she will be most concerned about ensuring that other people in π's specific situation do not engage in criminal conduct like π in the future.
General deterrence which stems from Unitalitarianism.
290
Moreover, to be convicted as an accessory, an accused must also have ___ ____ another person in the commission of a crime.
Actively assisted
291
To charge accomplice liability?
1.
2.
1. Intend to assist as accomplice &
2. Actively assist
292
[Attempt]
Majority: Per the MPC, prosecution must prove that the accused took a ___ ___ in a course of conduct planned to culminate in . . . commission of the crime.
Minority:
1. Majority = Substantial step
2. Minority = Proximity test. How close did ∆ get?
293
[Attempt]
The mens rea of any attempt crime is the....
...defendant’s intent to commit the specific crime that was the alleged criminal objective of the attempt.
294
2 tests for charging criminal attempt?
1. Substantial step [majority]
2. Proximity [minority]
295
T/F) In many jurisdictions, malice can be implied from the accused’s act of gross recklessness or actions undertaken with extreme indifference to the value of human life.
True
296
[Conspiracy]
Can the overt act of one be applied to all?
Yes!
297
[Theft]
You received [knowingly] stolen goods from Damien and sold them for profit. How can prosecutor get you for theft?
Consolidated theft charge
298
Define MPC Criminal attempt.
Person purposefully engages in conduct that constitutes a substantial step in commission of crime if attendant circumstances are as he believes them to be.
299
Define MPC Solicitation.
Person promotes or facilitates commission of crime by commanding or encouraging another to engage in conduct constituting the crime.
300
Define MPC conspiracy.
Two or more persons engage in unlawful conduct or complete a lawful act in an unlawful manner.
301
How to get around the Wharton rule for conspiracy?
Uni-lateral J can still charge.
302
Attempt =
Conspiracy =
Accomplice =
Attempt = substantial step needed
Conspiracy = one Overt act needed
Accomplice = actively assisted
303
Accomplice liability?
1.
2.
1. Intent to assist in specified crime
2. Actively assisted
304
Malice is presumed when? Implied when?
Presumed = use of gun or weapon
Implied = gross recklessness
305
Strict liability crimes negate what? [MR/AR]
MR
306
General deterrence is for deterring who?
Other people. Specific deterrence is for deterring the criminal.
307
Define larceny.
Unlawful taking, asportation, personal property, intending to permanently deprive.
308
MPC Criminal attempt:
Majority =
Minority =
"Substantial step" =
Majority = Substantial step
Minority = Proximity
SS = Strongly corobative of criminal behavior.
309
T/F) Most jurisdictions do not permit an actor to use the duress or necessity defense to justify the killing of another person, even when it was necessary for the actor to do so to save his or her—or other persons’—lives.
True
310
MN Test?
(A)
(B)
(A) Cognitive prong: Does not understand nature of actions.
(B) Moral prong: If understands actions, does not understand moral consequences of actions.
311
MPC Insanity justification defense?
At time of killing, mental disease prevented ∆ from appreciating his actions and he cannot conform actions to the law.
312
T/F) In order to use deadly force in self defense, a person must be responding to the use of deadly force against himself or herself.
True. In self-defense scenarios, you may only use that force which is necessary & proportional. "Meet in kind"
313
When an initial aggressor who has used non-deadly force is faced with deadly force in response, he or she regains the right to respond defensively to that excessive forcible response. [T/F]
True
314
T/F) However, in most jurisdictions that apply the retreat doctrine, there is an exception to the castle doctrine. The no-retreat-in-the-home rule does not typically apply in those situations where the person seeking to use force in his or her home intends to use it against a co-habitant.
True
315
T/F) In jurisdictions where the retreat doctrine exists as a limitation on the right to use deadly force in a defensive manner, it does not apply to the defense of others defense unless both the person using the force and the person who is being defended can retreat in complete safety.
True
316
_____: [But for] the mental defect, the crime would not have occurred. [NH]
_____: I know it wrong, but i could not help it.
_____: Cant understand nature and consequences of actions. Even if he could, he is unable to understand moral consequences. [Majority]
______: Mental defect prevented them from understanding or conforming to the law.
Durham
Irresistible impulse
MN test [maj]
MPC test
