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Criminal Procedure > Criminal Law - Introduction and Overview > Flashcards

Criminal Law - Introduction and Overview Flashcards

1
Q

Sources of Law

A
  1. Common Law
  2. Modern Penal Code (MPC)
  3. Modern Statutory Rules
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2
Q

Essential Elements of a Crime

A
  1. Physical Act
  2. Mental State
  3. Causation
  4. Concurrence
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3
Q

Specific Crimes (against 2 situations)

A
  1. Against Persons
  2. Against Property Owners
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4
Q

Liability for the Conduct of Others

A

Accomplice Liability

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5
Q

Inchoate (incomplete) Offenses

A
  1. Solicitation
  2. Conspiracy
  3. Attempt
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6
Q

Defenses (8)

A
  1. Insanity
  2. Voluntary Intoxication
  3. Infancy
  4. Mistake
  5. Self-Defense
  6. Necessity
  7. Duress
  8. Entrapment
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7
Q

Jurisdiction

A

A crime may be prosecuted in any state where:
1. an ACT that was part of the crime took place; or
2. the result took place

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8
Q

Burden of Proof - Elements of a Crime

A

In a criminal case, the prosecution must prove each element of the crime beyond a reasonable doubt

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9
Q

Burden of Proof - Defenses and an Exception

A

Generally, be disproved BARD

Exception: Insanity (in most states this must only be proved by a preponderance of the evidence

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10
Q

Classification of Crimes

A
  1. Felony: a crime that may be punished by death or imprisonment for more than a year
  2. Misdemeanor: a crime punishable by a fine and/or imprisonment for NO more than a year
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11
Q

The Act Requirement - Physical Acts (Commissions)

A
  1. All bodily movements are physical acts that can be the basis for criminal liability, provided they are voluntary
  2. Involuntary movements that are NOT considered acts:

a. one that is not the product of the actors’ volution (being pushed)
b. Sleep walking or otherwise non-voluntary conduct
c. a reflex or something else

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12
Q

The Act Requirement - Omissions (3 Requirements)

A

A failure to act can also be the basis for criminal liability, provided you:

  1. have a legal duty to act
  2. have knowledge of the facts giving rise to the duty; and
  3. You have the ability to help
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13
Q

The Act Requirement - Omissions (5 ways to create a legal duty to act)

A
  1. By statute (ex. filing taxes)
  2. By contract of Agreement (ex. lifeguard)
  3. By the status relationship between the D and the Victim (spouse/spouse or parent/child)
  4. By the voluntary assumption of care (ex. continuing care once you start it)
  5. By creation made peril (if D cause problem initially, D has duty to help)
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14
Q

Common Law Mental States

A
  1. Specific Intent
  2. Malice
  3. General Intent
  4. Strict Liability
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15
Q

Common Law Mental States - Specific Intent (Definition)

A

When the crime requires not just the desire to do the act but also to achieve a specific result

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16
Q

Common Law Mental States - 11 Specific Intent Crimes

A
  1. Assault
  2. 1st Premeditated Murder
  3. Larceny
  4. Embezzlement
  5. False Pretenses
  6. Robbery
  7. Forgery
  8. Burglary
  9. Solicitation
  10. Conspiracy
  11. Attempt
17
Q

Common Law Mental States - Specific Intent (2 Defenses)

A
  1. Voluntary Intoxication; and
  2. An Unreasonable Mistake of Fact
18
Q

Common Law Mental States - Malice (Definition)

A

When a defendant acts intentionally or with reckless disregard of an obvious or known risk

19
Q

Common Law Mental States - 2 Malice Crimes

A
  1. Murder
  2. Arson
20
Q

Common Law Mental States - General Intent (Definition)

A

The D need only be generally aware of the factors constituting the crime; he need NOT intend a specific result

Note: Easy to prove –> jury can usually infer the general intent simply from the doing of the act

21
Q

Common Law Mental States - General Intent Crimes (4)

A
  1. Battery
  2. Forcible Rape
  3. False Imprisonment
  4. Kidnapping
22
Q

Common Law Mental States - Strict Liability (Definition)

A

When the crime requires simply doing the act; no mental state is needed

23
Q

Common Law Mental States - 2 Types of Strict Liability Crimes

A
  1. Public Welfare Offenses: Regulatory offenses that implicate public health or safety and typically carry small penalties
  2. Statutory Rape: Sex with someone under the age of consent –> R.Kelly looking ass
24
Q

MPC Mental States (5)

A
  1. Intent
  2. Knowledge
  3. Recklessness
  4. Negligence
  5. Strict Liability
25
Q

MPC Mental States - Intent (Definition)

A

The D acts INTENTIONALLY when it is his conscious desire to achieve a particularly result. (what the D wants to happen)

26
Q

MPC Mental States - Knowledge (Definition)

A

the D acts KNOWINGLY when he is aware of what he is doing. With respect to a result, the D acts knowingly when he is aware that it is practically certain that his conduct will cause the result

27
Q

MPC Mental States - Recklessness (Definition)

A

D acts RECKLESSLY when he is creating a substantial and unjustifiable risk AND consciously disregards that risk

28
Q

MPC Mental States - Negligence (Definition)

A

D acts negligently when he should have been aware of a substantial and unjustifiable risk

29
Q

MPC Mental States - Strict Liability

A

No mental state required (similar to common law)

30
Q

Causation - the Two Types

A
  1. Actual (But-For)
  2. Proximate (Legal)
31
Q

Causation - Actual Causation Rule

A

D is an actual cause (“cause-in-fact”) if the bad result would not have happened but=for the D’s conduct

32
Q

Causation - Actual Causation Rule Exception

A

An accelerating cause IS an actual cause

33
Q

Causation - Proximate Cause (Rule)

A

D is a proximate cause if the bad result is a natural and probable consequence of the D’s conduct

34
Q

Causation - Proximate Cause (2 Applications)

A
  1. Intervening Cause
  2. Eggshell Victims
35
Q

Causation - Proximate Cause (Intervening Cause)

A

D will NOT be considered a proximate cause if an unforeseeable intervening event causes the bad result

36
Q

Causation - Proximate Cause (Eggshell Rule)

A

D WILL be considered a proximate cause even if the victim’s pre-existing weakness contributed to the bad result

37
Q

The Concurrence Principle (Rule)

A

D must have required the requisite mental state at the same time he engages in the act

38
Q

The Concurrence Principle (Application - 2 Most Common)

A
  1. Larceny
  2. Burglary

Criminal Procedure (10 decks)

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