Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Charleston Law 2L > Criminal law FINALS > Flashcards

Criminal law FINALS Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Larceny defined?

A

Trespassory taking, Asportation, PP of another, with intent to deprive.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What elevates larceny to robbery?

A

Accomplished by force or fear

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Larceny by ________ is when someone uses deception to gain possession of another’s property without owners consent.

A

Trick

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

T/F) Larceny can be satisfied by even the “slightest” change in position.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What intent level is larceny?

A

Specific

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

_____ pretenses: Acquiring title fraudently through false statements, past or present.

A

False pretenses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

______________: Lawful possession of property then coverted to own personal use.

A

Embezzlement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Giving money to the bank teller for deposit, then teller keeps for her own use.

A

Embezzlement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

______: Victim has entrusted property to ∆ and the ∆ then converts property to his or her own use. [Bank Teller]

A

Embezzlement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is embezzlement known as in SC?

A

Breach of trust

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Receiving stolen property occurs when ∆:
(1)__________ &
(2) __________

A

(1) Receives possession &
(2) Control of property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Difference between larceny and robbery?

A

Robbery is accomplished through force or fear.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Is an object resembling a weapon sufficient to charge for armed robbery?

A

Yes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

CL Burglary defined?
1.
2.
3.
4.

A
  1. Breaking and entering
  2. Dwelling of another
  3. at nighttime
  4. With intent to commit a felony
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Attempted is also known as _____ crimes.

A

Inchoate crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Define conspiracy:
1.
2.
3.

A
  1. Two or more persons, who agree…
  2. To violate the law or
  3. Do a lawful act in an unlawful manner
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the AR for conspiracy?

A

The act itself.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Conspiracy is an… [K]

A

… illegal contract.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

In addition to CL requirements for Conspiracy, under the FED statute, you must also plead what?

A

At least one OVERT act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

An ____ act is one done in the support or furtherance of the conspiracy itself.

A

Overt act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

T/F) Overt act MUST be pleaded in federal indictment for conspiracy.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Is conspiracy a standalone chargeble offense?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Conspiracy also can create VL. [T/F]

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

_____ liability: You can be liable for the substantive crime done by someone else.

A

Vicarious liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

______ or accessory liability is a theory of VL for substantive crimes.

A

Accomplice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Is accomplice liability charged as an independent crime?

A

No.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Why is accomplice liability not charged as indp. crime?

A

Its a theory of VL.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

The CL developed this to ensure we “get em all.”

A

Accomplice liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

4 types of accomplices?

A
  1. Principles in 1st degree
  2. Principles in 2nd degree
  3. Accessories b4 fact
  4. Accessories after the fact
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

AL: Principles in 1st degree?

A

The guy who went in with gun to rob bank.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

AL: Principles in 2nd degree?

A

Getaway driver

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Accessories b4 and after the fact require ____ intent.

A

Specific

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Accessory ______: Aided b4 the crime.

A

Accessory b4 fact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Accessory _____ : The guy you junk the car to after robbery.

A

Accessory after fact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Attempt at CL?
1.
2.

A
  1. Specific intent to commit the crime
  2. Acts done in furtherance of that intent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

MPC Criminal attempt?
A.
B.
C.

A

A. Purposely engages in conduct that would constitute the crime – if AC are as he believes them to be.

B……………………………………..

C. Purposely does or omits to do anything that he believes constitutes a substantial step in commission of crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

MPC Criminal attempt, what is substantial step (C)?

A

Strongly corroborative of actor’s criminal purpose.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

MPC Crim. Attempt. Examples of substantial step?

A
  • lying in wait
  • unlawful entry
  • possession of material employed in commission of crime
  • etc.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Abandonment is an affirmative defense to what?

A

Criminal Attempt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

A person is NOT guilty of attempt if:
(1)
(2)

A

(1) He abandons his effort to commit the crime AND

(2) His conduct manifests a complete renunciation of criminal purpose.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

An attempt to charge criminal crimes requires proof ‘BARD’ that the ∆ acted with the ____ intent to commit the crime.

A

Specific Intent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

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.

A

MPC Renunciation defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Define MPC Renunciation:

A

An affirmative ∆ to criminal attempt, solicitation, conspiracy, whereas person successfully prevents commission of the offense manifesting a complete and voluntary renunciation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

T/F) To be considered ‘voluntary,’ the decision to ABANDON must originate with the ∆, not as a result of extrinsic factors.

A

True

50
Q

When can you use the affirmative defense [MPC] of Renunciation?

A

Only after the entire criminal attempt has occurred.

51
Q

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 ∆.

A

True

52
Q

_____________ 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.

A

Solicitation

53
Q

Define Solicitation per the MPC.

A
  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
Q

Is Renunciation a defense to Solicitation?

A

Yes. Valid ∆ to:
1. Criminal attempt
2. Solicitation
3. Conspiracy

55
Q

Does it matter that the actors doesn’t ‘communicate’ with the person he has solicited to commit the crime?

A

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
Q

_______ 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.

A

Un-communicated Solicitation

57
Q

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?

A

Yup.

58
Q

T/F) The crime of solicitation is complete as soon as you ask, even if the other person says no.

A

True

59
Q

Conspiracy is a standalone crime. What about attempt / solicitation?

A

No. They merge into the substantive crime.

60
Q

Does the federal drug conspiracy statute require pleading of an overt act?

A

No.

61
Q
A
62
Q

T/F) CL attempt, you can’t renunciate. You are charged regardless.

A

True

63
Q

Can you charge more than one crime under conspiracy?

A

Yes! As long as they are the object of the “same agreement.”

64
Q

_____ rule: When the crime itself requires two persons [adultery, bribery, bigamy] you can’t charge conspiracy.

A

Wharton’s rule

65
Q

Federal conspiracy requires pleading at least one overt act in 22 statutes. Which one does not?

A

Drug conspiracy statute.

66
Q

Is being with someone when they committ a crime enough for conspiracy?

A

No. You have to know and you must do something to get involved.

67
Q

______ doctrine: also known as ____ liability is a legal principle that holds a conspirator responsible for crimes committed by their co-conspirators.

A

Pinkerton doctrine / liability

68
Q

To find guilt based on Pinkerton liability / doctrine, courts require co-conspirators offenses to have been:

1.
2.

A
  1. Foreseeable, and; [Natural & probalbe]
  2. in furtherance of conspiracy
69
Q

What is the rationale behind the Pinkerton doctrine?

A

To hold ∆s responsible for the natural and probable consequences of their conspiracy actions… not just their intended consequences.

70
Q

Is the government required to charge conspiracy to invoke Pinkerton doctrine? Why?

A

No. It is a theory of VL for actions of co-conspirators.

71
Q

Accomplice liability: What is the modern approach?

A

Eliminates the distinction between principals and accessories before the fact, treating them all as principles in crime and same punishment.

72
Q

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]

A

True

73
Q

Is mere presence at the scene of a crime sufficient to charge accomplice liability?

A

No.

74
Q

Under the modern approach for accomplice liability, if principle actor is acquitted, you can not be charged as well. [T/F]

A

False. That was the CL approach.

75
Q

T/F) For accomplice liability, you must have specific intent knowledge of the crime that is being committed.

A

True

76
Q

Accomplice liability requirements:
1.
2.
3.

A
  1. Presence
  2. Knowledge
  3. Facilitation [encourage, help]
77
Q

Do you have to be physically present at the scene for conspiracy?

A

No.

78
Q

When can you use deadly force in self defense?

A

When deadly force used on you is (1)Imminent or (2)Underway.

79
Q

Self defense actions must be (1) and (2).

A
  1. Necessary
  2. Proportional
80
Q

Self defense elements:
1.
2.
3.
4.
5.
6.
7.

A
  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
Q

Define self defense

A

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
Q

In a [Bilateral/Unilateral] jurisdiction, at least two people must actually agree on a criminal plan in order for a conspiracy to exist.

A

Bilateral Jurisdiction

83
Q

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.

A

Unilateral Jurisdiction

84
Q

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.

A

Whartons rule.

85
Q

What jurisdiction can get a conviction, circumnavigating the Wharton rule for conspiracy?

A

Unilateral Jurisdictions

86
Q

T/F) If Moe, Larry, and Curly conspire to rob 3 places. Are they charged for one overarching conspiracy or 3 sep. conspiracies?

A

One overarching.

87
Q

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.

A

Commit the crime itself.

88
Q

Is planning a robbery and observing said bank enough to charge conspiracy?

A

Yes. The observation itself is an overt act and the “planning” is enough to satisfy agreement.

89
Q

Conspiracy AR =
Conspiracy MR =

A

AR = The agreement itself.
MR = Intended with each other to do a crime.

90
Q

T/F) Solicitation consisting only of obviously hollow threats, joking, or bragging is enough to charge.

A

False.

91
Q

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.

A

True

92
Q

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.

A

False

93
Q

What is a big requirement for CL larceny?

A

You must deprive permanently.

94
Q

T/F) The CL Larceny statute only applies to personal property.

A

True

95
Q

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.

A

True

96
Q

If you find lost property and keep it… is this Larceny in CL J?

A

Yuppers.

97
Q

(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.

A

Consolidated theft offense

98
Q

Attempt:
To charge CL =
To charge MPC =

A

CL = Prove specific intent for the crime intended.
MPC = Prove “substantial step” taken in furtherance of the crime

99
Q

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?

A
  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
Q

What is the “minoriity” test for attempt?

A

Proximity test. IE: How close did the actor come to committing the charged crime?

101
Q

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.”

A

Substantial step.

102
Q

The mens rea of any attempt crime is the defendant’s intent to……. that was the alleged criminal objective of the attempt.

A

… Commit the specific crime that has been charged.

103
Q

Attempt:
“And in minority jurisdictions which use some form of _______ test (how close did the actor come to completing the crime?”

A

Minority Js use the Proximity test = How close did actor come to completing the crime?

104
Q

“Attempted” involuntary manslaughter is a chargeable offense. [T/F]

A

False. Trick Q.

105
Q

To establish the defense of “Abandonment,” the accused must show that their abandonment was….

A

Voluntary. IE: Not influenced by extrinsic factors.

106
Q

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]

A

True. This is known as the “Castle doctrine” exception to the duty to retreat rule.

107
Q

Exception to the castle doctrine?

A

Co-Inhabitants. In this case, IE: Hubby and wife, you should try to retreat first.

108
Q

If shooter has gun on wife, and you kill in a J where there is a duty to retreat. what is your duty?

A

Only to retreat if the wife can retreat. If she cannot, then you don’t have to.

109
Q

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.

A

True

110
Q

What is the standard applied to self-defense arguments?

A

Reasonable person standard

111
Q

Self defense: Reasonable person standard is an [objective/subjective] standard.

A

Objective

112
Q

T/F] The American CL did not have a duty to retreat. This is the majority rule today in most Js.

A

True

113
Q

The English CL does have a duty to retreat and we have adopted this in a minority of Jurisdictions. [T/F]

A

True

114
Q

_____ Doctrine: You don’t have a duty to retreat from your home.

A

Castle Doctrine

115
Q

Co-workers do not have a duty to retreat. [T/F]

A

True. Both entitled to be on the job.

116
Q

___ ___ rule: If you interfere in someone else’s fight, you have the same/no more rights than your partner would have.

A

Alter-ego rule

117
Q

Under the alter ego rule, if husband was initial aggressor, wife is too. [T/F]

A

True

118
Q

When you came upon the fight, how would a reasonable person have viewed this? [ ___ ___ standard]

A

Reasonable belief/person standard

119
Q

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.

A

True

120
Q

What is the general rule for defense of property?

A

No deadly force. You can defend property though.

121
Q
A

Charleston Law 2L (19 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions