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Criminal Law Intro Cards Flashcards

1
Q

What is the US Constitutional basis for state criminal laws?

A

The Police Powers of the Tenth Amendment.

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2
Q

Where do most states find the template for their criminal laws?

A

The Model Penal Code (MPC)

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3
Q

Are there any Federal common law crimes?

A

No.

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4
Q

What is the legal basis of Federal Crimes?

A

The Constitution, federal statutes, or federal administrative regulations.

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5
Q

What are the operative requirements of a criminal act?

A

(i) an Actus Reus (an act); (ii) a mens rea (a criminal mind); (iii) concurrence between the Actus Reus and the Mens Rea; and (iv) the crime requires a particular result, causation.

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6
Q

What is Actus Reus?

A

A voluntry act or omission.

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7
Q

What is Mens Rea?

A

A criminal mind: intent, culpability, and mental state of fault.

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8
Q

What is the difference between General Intent and Specific Intent crimes?

A

General-Intent crimes require an intent to perform the act but not to cause a specific result; Specific-Intent crimes require an intent to perform the act combined with an intent to bring about the prohibited result.

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9
Q

What are the four mental states of the MPC?

A

Purposely; Knowingly; Recklessly; and Negligently.

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10
Q

When does a criminal defendant act Purposely in the MPC?

A

A defendant acts purposely if (i) his conscious object is to engage in prohibited conduct or cause a prohibited result; and (ii) for a crime defined by the attendant circumstances, he knows, believes, or hopes those circumstances exist.

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11
Q

When does a criminal defendant act Knowingly in the MPC?

A

A defendant acts knowingly if he is a ware that (i) his act is of a specific nature, or (ii) particular circumstances exist; or (iii) if an element of a crime is that a particular result must occur, it is practically certain that his conduct will cause that result.

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12
Q

When does a criminal defendant act Recklessly in the MPC?

A

A defendant acts recklessly if he consciously disregards a substantial and unjustifiable risk that an element of the crime exists or will result from his conduct. The disregard must be a gross deviation from the standard of conduct that a law-abiding person would observe.

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13
Q

When does a criminal defendant act Negligently in the MPC?

A

A defendant acts negligently if he should be aware of a substantial or unjustifiable risk that an element of the crime exists or will result from his conduct. The filature to perceive the risk must be a gross deviation from the standard of care that a reasonable person would observe in the situation.

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14
Q

What is criminal Strict Liability?

A

Strict Liability imposes criminal liability with no proof of fault.

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15
Q

What is criminal Transferred Intent?

A

Transferred Intent imposes criminal liability on a defendant who intends to harm one person but actually harms an unintended victim.

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16
Q

What is the criminal principal of concurrence of act and intent?

A

The defendant must hav the mens rea and the actus rea at the same time.

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17
Q

What is a criminal Mistake of Fact?

A

A defendant may be absolved of criminal liability if a mistake of fact negates the required mens rea.

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18
Q

What’s a criminal Mistake of Law?

A

When the defendant mistakenly believes his conduct is not a crime. This is not a defense.

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19
Q

A defendant will not be held criminally liable if he was insane at the time of the act. What is the M’Naghten rule (majority approach) for insanity?

A

A defendant is not guilty if, as a result of mental disease or defect he either (1) did not know the nature or quality of the criminal act or (ii) he did know the act’s nature and quality, but he did not know that what he was doing was wrong.

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20
Q

A defendant will not be held criminally liable if he was insane at the time of the act. What is the Irresistible-Impulse rule for insanity?

A

A defendant is not guilty if as a result of mental disease or defect he could not restrain himself from performing the criminal act.

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21
Q

A defendant will not be held criminally liable if he was insane at the time of the act. What is the Durham rule for insanity?

A

A defendant is not guilty if the crime was a result of mental disease or defect.

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22
Q

A defendant will not be held criminally liable if he was insane at the time of the act. What is the MPC test for insanity?

A

A defendant is not guilty if as a result of mental disease or defect he lacks substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.

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23
Q

A defendant will not be held criminally liable if he was insane at the time of the act. What is the Federal rule for insanity?

A

A federal defendant must prove by clear and convincing evidence that as a result of a severe mental disease or defect he was unable to appreciate the nature and quality or the wrongfulness of his acts.

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24
Q

Is Diminished Capacity a defense against Mens Rea?

A

In some jurisdictions the defendant can argue he was unable to form the necessary mens rea because of some mental disorder or condition.

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25
Is Intoxication a defense against Mens Rea?
If the intoxication is voluntary (defendant deliberately ingest substance that he knows or should know cause intoxication) then a few jurisdictions prohibit the use of Intoxication as a defense, the MPC limits the application. But if the intoxication is involuntary (the Defendant was tricked, coerced, or mistaken; or if the substance had a extremely unusual intoxicate effect to which the defendant was unaware; or if the defendant took a prescription drug, under medical advice, and did not know the side effects) then it is a valid defense of mens rea.
26
What is the Causation requirement of a Crime?
If a crime is defined by a particular result, then the defendant's conduct must be *both* the *actual cause* and the *proximate cause* of that result.
27
What is the criminal actual cause *but-for* test?
The but-for test asks whether the result would have occurred without the defendant's conduct. If multiple forces combine to use a result, and no one of the forces alone would have been sufficient to cause the result, each force is a *but-for* cause of the result.
28
What is the criminal Actual Cause *Substantial-Factor* test?
Where there are multiple forces that cause a result (criminal outcome), and any one of the forces would've been sufficient to cause the result, it's impossible to tell which once caused what portion of the result, so the *substantial-factor* test treats each force as an *actual cause* (so long as it was a substantial factor in bringing about the result).
29
What is Criminal Proximate Cause?
Actions are a Proximate Cause if the result is a *natural, probable, and foreseeable consequence* of the action.
30
What is homicide?
One person killing another.
31
What is common law murder?
The *unlawful killing* of a *living person* with "malice aforethought*.
32
What is the Actus Reus and Causation requirement for a Murder charge?
The defendant's acts must be the *actual and proximate cause* of the victim's death.
33
What is the Mens Rea requirement for a Murder charge?
The defendant must possess *malice aforethought*: (i) an intent to kill; or (ii) an intent to cause serious bodily harm; or (iii) reckless indifference to the value of human life; or (iv) imputed mens rea (if death occurs from the commission of a felony).
34
What are the different types of *malice aforethought* for a mens rea basis for a murder charge?
(i) an intent to kill; or (ii) an intent to cause serious bodily harm; or (iii) reckless indifference to the value of human life; or (iv) imputed mens rea (if death occurs from the commission of a felony).
35
First Degree Murder is a statutory crime (not common law murder). What are the types of First Degree Murder?
(i) a killing with *malice aforethought* and *premeditation and deliberation*; (ii) a killing committed by *enumerated means*; or (iii) in some states, felony murder.
36
Second Degree Murder is a statutory crime (not common law murder). What are the types of Second Degree Murder?
Any killing with malice aforethought (murder) that does not qualify as first-degree murder.
37
What's the Felony-Murder rule?
A defendant may be convicted of *felony murder* if the killing occurs during the commission or attempted commission of a felony (distinct from the killing itself).
38
What are the two types of manslaughter?
(i) voluntary manslaughter and (ii) involuntary manslaughter.
39
What is *voluntary* manslaughter?
The intentional killing of a human being, in the heat of a sudden and intense emotional state generated by *an adequate provocation*, if the killing occurs before a reasonable *cooling-off* period has elapsed.
40
What's *involuntary* manslaughter?
Involuntary manslaughter can occur when (i) (Criminal-Negligence Manslaughter) a defendant actually and proximately causes another's death under a *grossly unreasonable disregard* of a *foreseeable and unreasonable probability of death* to another; or (ii) (Unlawful-Act Manslaughter) when a death results from the defendant's commission of an unlawful act that is not necessarily an inherently dangerous felony.
41
How does the MPC define Murder?
Murder is a criminal homicide committed (1) purposely, (2) knowing, or (3) recklessly and under circumstances manifesting *extreme indifference* to the value of human life.
42
How does the MPC define Manslaughter?
Manslaughter is criminal homicide committed (1) recklessly and without circumstances manifesting extreme indifference to the value of human life or (2) under the influence of *extreme mental or emotional disturbance* (provided that there's a reasonable explanation for the disturbance)
43
How does the MPC define Negligent Homicide?
When (1) the defendant fils to perceive a substantial and unjustifiable risk that someone will die due to his conduct and (2) that the failure is a *gross deviation* from the standard of care that a reasonable person would observe in the same situation.
44
What are the major types of Property crimes?
(i) Larceny; (ii) Robbery; (iii) Extortion; (iv) embezzlement; (v) receiving stolen property; (vi) false pretenses; (vii) forgery; (viii) burglary.
45
What is criminal larceny?
Larceny is the *trespassory taking and carrying away* of the personal property of another, with the intent to deprive the owner permanently of the property.
46
What is criminal robbery?
Robber is larceny (the trespaspory taking, with intent to permanently deprive the owner of the property) that is taken: (1) from the *person or presence* of another (taken away from someone actively possessing it) and (2) by force or intimidation.
47
What is criminal extortion?
Extortion (blackmail) is a combination of obtaining or attempting to obtain property (or some other pecuniary benefit) by *threatening* the victim with *future* harm.
48
What is criminal embezzlement?
Embezzlement is the *fraudulent conversion* of property of another by a person who *lawfully posses* the property. It is the misappropriation of property that a defendant has lawful possession of for his personal use.
49
What is the crime of receiving stolen property?
Receipt of stolen operate is taking property that was *in fact stolen* with *knowledge* that the property was stolen by another and *intent* to deprive the owner of the property.
50
What is the property crime of false pretense?
False pretense is obtaining *title* to property of another through a *knowing misrepresentation* of past or present material fact, with the *intent* to defraud.
51
What is forgery?
Forgery is *creating* a document that is not hat it purports to be or *altering* a document so that it is not (or is no longer) what it purports to be, with the *intent* to defraud.
52
What is burglary?
A common-law crime that's the unlawful *breaking and entering* of another's dwelling *at night* with the intent to commit a felony in the dwelling. Modern codes generally define burglary as *unlawful entry of a building* with intent to commit *any crime* in the structure (broader than common law burglary).
53
What's the difference between common law burglary and modern statutory burglary?
Common law burglary related to breaking and entering a dwelling at night with the intent to commit a felony; modern statutory burglary is the unlawful entry to any building (at any time) with the intent to commit a crime (not just a felony).
54
What is a *battery*?
A battery is a *harmful or offensive* physical contact with another.
55
What is an *assault*?
An assault is either (1) an attempted battery or (2) intentionally placing another in *reasonable apprehension* of an imminent battery.
56
What is Assault *as* an Attempted Battery?
Attempted-Battery assault requires a substantial step toward the completion of a battery with the specific intent to commit the battery.
57
What's Assault as *Apprehension of a Battery*?
Reasonable-apprehension assault requires that the defendant act with the specific intent to put the victim in reasonable apprehension of an imminent harmful or offensive conduct.
58
What is MPC simple assault?
Simple assault is: (i) attempting to cause purposely, knowingly, or recklessly causing another person bodily injury; or (ii) negligently injuring another with a deadly weapon; or (iii) through physical menace, attempting to cause someone else to fear serious and imminent bodily harm.
59
What is MPC aggravated assault?
Aggravated assault is: (i) attempting to cause another serious bodily harm; or (ii) purposely, knowingly, or recklessly causing another serious bodily harm under circumstances manifesting extreme indifference to the value of human life; or (iii) attempting to purposely or knowingly causing bodily harm with a deadly weapon.
60
What was common law Rape?
Common law Rape was the carnal knowledge of a woman without her consent, by means of force or threat or force, by a man who was not her husband.
61
Could a husband commit common law rape against his wife?
No. Because one of the common law requirements of rape was that the act was committed against a woman who was not the defendant's wife.
62
Could a consensual affair results in a common law rape charge?
No. Because one of the requirements of rape was that there was no consent and a separate requirement is that the sex happens by force or threat of force.
63
Could common law rape apply to a male victim?
No. Common law rape only related to female victims.
64
What is Statutory Rape?
Sexual intercourse with a person who is below the age of legal consent.
65
What is MPC Rape?
MPC Rape is sexual intercourse by a man against a woman who is not his wife with: (i) force or threat of imminent death, serious injury, extreme pain, or kidnapping to any person; (ii) or by the use of intoxicants or other means that impair the woman's ability to understand her actions, with the purpose of rendering her unable to resist; or (iii) if the woman is unconscious; or (iv) if the woman is under the age of 10.
66
What is common law kidnapping?
Common law kidnapping is the intentional (1) unlawful taking and (2) movement or confinement of another.
67
What is arson?
The *malicious* burning or exploding of a dwelling or another *building*.
68
What is the criminal offense Actual Possession?
(1) having actual physical control over something and (2) having awareness of this control for long enough to enable termination of the possession.
69
What is the criminal offense of Constructive Possession?
Possessing something that (1) the defendant has the right tor power to exercise dominion and control over the item and (2) the defendant is aware of his control long enough to enable termination of the possession.
70
What are the three *Inchoate* criminal offenses?
(1) Attempt; (2) Conspiracy; and (3) Solicitation.
71
What is the criminal offense of Attempt?
When the defendant, with the specific offense to commit an offense, engages in some unlawful *furtherance* that *does not* result in the act's completion.
72
What is the criminal offense of Conspiracy?
Conspiracy is the explicit or implicit (agreement* between *two or more* people to *commit a crime*, combined with (in some jurisdictions) an *overt act* in furtherance of the agreement.
73
What ist he criminal offense of Solicitation?
When a defendant *invites, request, commands, encourages, or counsels* another person to commit a felony or a misdemeanor, with the *specific intent* that the person solicited carry out the crime.
74
Who is the *principal* defendant in a crime?
The person who possesses the required Mens Rea and commits the Actus Reus.
75
What is a criminal accomplice?
Not a principal. Someone who knowingly provides *aid, assistance, or encouragement* to the principal with the *specific intent* that the principal succeed in committing the crime. This is typically before or during the crime.
76
What is Post-Crime Assistance?
An *accessory after the fact* is someone who aids the principal *after* the crime has been committed to avoid apprehension, detection, or prosecution.
77
What is the criminal defense of Necessity?
Necessity requires that the defendant (1) committed the crime to prevent an imminent and substantial harm, that (2) there was no reasonable alternative course of action available, and (3) the harm caused was less Thant he cause avoided.
78
What is the criminal defense of self-defense?
A person has the right to use force to defend himself against the unlawful use of force by another person.
79
What is the criminal defense of self-defense with non-deadly force?
A person may use proportionate, non-deadly force in self defense if (1) he *actually and reasonably believes* that (2) the use of force is necessary to (3) protect himself from the *imminent* use of unlawful force by another person.
80
What is the criminal defense of self-defense with deadly force?
A person may use *deadly* force in self-defense if (1) he *actually and reasonably* believes that (2) deadly force is *necessary* to (3) protect himself from *imminent* *death* or serious bodily injury.
81
Does an individual have a duty to retreat before using non-deadly force?
Generally, no. An individual is *not* required to retreat before using *non-deadly* force, even if a safe retreat is available.
82
Does an individual have a duty to retreat before using deadly force?
Most jurisdictions *do not* require a defendant to retreat before using *deadly* force in self-defense, unless the defendant is deemed the aggressor.
83
What is the Castle Doctrine?
The Castle Doctrine is a defense related to the use of deadly force that says a defendant has no duty to retreat when inside his home or the immediately adjacent areas, *unless* he is the aggressor.
84
When can an Aggressor exercise the right of self-defense?
Only when: (1) the aggressor provokes an altercation using *non-deadly* force and is met by the use of imminent threat or deadly force or disproportionate non-deadly force; or (2) the aggressor provoke an altercation then *withdraws* from it, proving *reasonable notice* to the other party of his withdrawal.
85
Can an an individual use force to protect a third party?
Yes, if he *actually and reasonably* believes the force is *necessary* to protect another person from the *imminent use of unlawful force*. The defender may only use *reasonably necessary* force to protect the third-party.
86
When can a defendant use non-deadly force to protect property?
When the force is *reasonably necessary* to prevent *imminent and unlawful* interference with real or personal property in the defendant's possession.
87
Can a defendant use deadly force to protect property?
No. Unless the interference with property is related to a threat of deadly force to a person; or the person is defending his home in specific circumstances (protecting his home)
88
Can a defendant use deadly force to protect his home?
Yes. Most jurisdictions allow he use of deadly force to protect *habitation* rights if the defendant believes someone is entering the habitation with the intent to *commit a felony* or *cause bodily harm.*. There is no requirement to retreat before use of deadly force to protect a home.
89
When can the "Law-Enforcement" defense be used for a criminal action?
When the defendant acts to enforce the law. (1) To prevent a crime, an individual may use (a) reasonable, non-deadly force if he believes th actor is about to commit a crime or (b) deadly force if the actor reasonably believes someone is committing or about to commit a felony with a significant risk of serious bodily injury or death. (2) An individual may also use force to effectuate an arrest or to prevent a suspect's escape from legal custody.
90
What are the four *excuses* for a criminal defendant?
(i) Duress; (ii) Entrapment; (iii) Consent; and (iv) Automatism.
91
What is the criminal excuse of Duress?
A defense that the defendant acted under the *imminent* threat of death or serious bodily harm (to himself or atoner) and *reasonably believes* that the harm will occur if the defendant did not perform the otherwise-criminal act.
92
What is the criminal excuse of Entrapment?
Entrapment is a defense when law-enforcement officers induce a defendant to commit a crime.
93
What is the criminal excuse of Consent?
The victim's consent can be a defense if (1) lack of consent is an element of the crime or (2) the victim's consent negates an element of the crime. But to give consent, the victim must be (i) competent, (ii) not impaired by intoxication, youth, or mental disorder, and (iii) the law cannot prohibit the waiver of consent explicitly in its definition.
94
What is the criminal excuse of Automatism?
Automatism is involuntary conduct (usually while unconscious) as a defense to criminal liability.
95
How can a defendant assert jurisdiction defense?
Against a state: if the crime was not committed within the state (though some states have long-arm criminal statutes). Against the federal government: if the crime is not based on an identifiable grant of power in the US Constitution.

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