Criminal Law LAST PUSH Flashcards
Omission as an Act
the failure to act gives rise to liability only if:
(i) there is a legal duty to act
(ii) the defendant has knowledge of the facts giving rise to the duty to act; and
(iii) it is reasonably possible to perform the duty
Legal Duty to Act Arises:
(1) by statute
(2) by contract
(3) relationship between parties
(4) voluntary assumption of care by defendant
(5) defendant created the peril
MPC Purposely
conscious object to engage in proscribed conduct
MPC Knowingly
awareness that conduct is of a particular nature or will cause a particular result
MPC Recklessly
consciously disregard a substantial and unjustifiable risk
MPC Negligently
failure to be aware of a substantial and unjustifiable risk
Transferred Intent Crimes
homicide, battery, and arson
Conspirary
(1) agreement between two or more persons
(2) an intent to enter into the agreement
(3) an intent by at least two people to achieve the objective of the agreement
Solicitation
asking, inciting, counseling, advising, urging, commanding, another to commit a crime with the intent that the person solicited commit the crime
Attempt
act, done with the intent to commit a crime, that falls short of completing the crime
Voluntary Manslaughter
killing that would be murder but for the existence of adequate provocation
Voluntary Manslaughter - Adequate Provocation Exists:
(i) it was provocation that would arose sudden and intense passion in the mind of an ordinary person, causing them to lose self control
(ii) defendant was in fact invoked
(iii) not sufficient time between provocation
(iv) defendant did in fact not cool off
Involuntary Manslaughter
a killing committed:
(i) with criminal negligence (reckless to substantial risk)
(ii) during commission of misdemeanor
Battery
unlawful application of force to the person of another resulting in:
(a) bodily injury OR
(b) an offensive touching
Assault
either:
(1) the intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm
(2) an attempt to commit a battery
False Imprisonment
unlawful confinement of a person without the person’s valid consent
Kidnapping
unlawful confinement of a person that involves either:
(1) some movement of the victim or
(2) the concealment of the victim in a secret place
Rape - Lack of Effective Consent
(1) intercourse is accomplished by actual force
(2) intercourse accomplished by threat of great and immediate bodily harm
(3) victim is incapable of consenting due to unconsciousness, intoxication, mental condition; OR
(4) victim is fraudulently caused to believe that the act is not intercourse
Statutory Rape
carnal knowledge of a person under the age of consent
Larceny
taking and carrying away of tangible personal property of another by trespass with the intent to permanently deprive
Embezzlement
fraudulent conversion of personal property of another by a person in lawful possession of the property
False Pretenses
obtaining title to personal property of another by an intentional false statement with intent to defraud the other
Robbery
a taking of personal property of another from the other’s person or presence by force or threats of immediate death or physical injury with the intent to permanently deprive
Extortion
the corrupt collection of a unlawful fee by an officer under color of office
Receipt of Stolen Property
receiving possession and control of stolen personal property known to have been obtained in a manner constituting a criminal offense by another person with the intent to permanently deprive
Forgery
making or altering of a false writing with intent to defraud
Uttering a Forger Instrument
(1) offering as genuine, (2) an instrument that may be the subject of forgery and is false, (3) with intent to defraud
Burglary
a breaking and entering of a dwelling of another at nighttime with the intent to commit a felony in the structure
Arson
the malicious burning of the dwelling of another
M’Naughten Rule
a defendant is entitled to acquittal if:
(1) a disease of the mind
(2) caused by a defect of reason
(3) such that the defendant lacked the ability at the time of their actions to either know the wrongfulness of their actions or understand the nature and quality of their actions
Irresistible Impulse Test
entitled to acquittal if because of a mental illness, they were unable to control their actions or conform their conduct to the law
Durham Test
a defendant is entitled to acquittal if the crime was the product of their mental illness
ALI or MPC Test
a defendant is entitled to acquittal if they had a mental disease or defect and as a result they lacked the substantial capacity to: (1) appreciate the criminality of their conduct or (2) conform their conduct to the requirements of the law
Use of Deadly Force
a person may use deadly force in self defense if the person:
(1) is without fault
(2) is confronted with unlawful force and
(3) reasonably believes that they are threatened with imminent death or great bodily harm
Retreat Minority View Exceptions
(1) the attack is in the victims own home
(2) the attack occurs while the victim is making a lawful arrest or
(3) the assailant is in the process of robbing the victim
Right of First Aggressor to use Self Defense
(1) they effectively withdraw from the confrontation and communicate to the other their desire to do so OR
(2) the victim of the initial aggressor suddenly escalates the minor fight into a deadly altercation and the initial aggressor has no chance to withdrawal
Prejury
intentional taking of false oath in regard to a material matter in a judicial proceeding
Subornation of Perjury
procuring or inducing another to commit perjury
Bribery
at common law was the corrupt payment or receipt of anything of value for official action
modern: it may be extended to nonpublic officials, and either the offering of a bribe or the taking may constitute a crime
Compounding a Crime
agreeing for valuable consideration not to prosecute another for a felony or to conceal the commission of a felony or the whereabouts of a felon
Misprision of a felony
common law: failure to disclose knowledge of the commission of a felony or to prvent the commission of a felony
modern: no longer a crime
