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Criminal Law Lecture Flashcards

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1
Q

how does a state acquire jurisdiction over a crime?

A

if either the conduct or the result happened in that state

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2
Q

generally, is there a merger of crimes in American law?

A

no (meaning if you commit 2 crimes, you can be charged for both)

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3
Q

what is the exception to the rule that there is not a merger of crimes in American law?

A

solicitation and attempt merged into the substantive offense

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4
Q

what 2 crimes merge into the substantive offense?

A
  1. solicitation

2. attempt

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5
Q

what does it mean when 2 crimes merge?

A

if you have completed that crime, you cannot be convicted of attempted to commit that crime

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6
Q

does conspiracy merge into the substantive offense?

A

No. Only solicitation and attempt merge

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7
Q

what are the 2 requirements for a crime?

A
  1. an act (or failure to act) and

2. mental state

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8
Q

definition of an act?

A

any voluntary bodily movement

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9
Q

what types of act do not qualify for criminal liability?

A
  1. conduct which is not the product of your own volition
  2. a reflexive or convulsive act
  3. an act performed while you are unconscious or asleep
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10
Q

is there a legal duty to rescue

A

no

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11
Q

when is there a duty to act? (5)

A
  1. statute
  2. contract
  3. relationship
  4. voluntary (voluntarily assume a duty of care and then fail to adequately perform it)
  5. peril (your conduct created the peril)

(SCRVP = some capture really vicious parrots)

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12
Q

what are the 4 common law mental states of a crime?

A
  1. specific intent crimes
  2. malice crimes
  3. general intent crimes
  4. strict liability crimes
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13
Q

what is special about specific intent crimes?

A

they qualify for the 2 additional defenses of voluntary intoxication and unreasonable mistake of fact

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14
Q

what are the specific intent crimes?

A

(Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts)

  1. Solicitation (inchoate offense)
  2. Conspiracy (inchoate offense)
  3. attempt (inchoate offense)
  4. first degree murder
  5. assault
  6. larceny
  7. embezzlement
  8. false pretenses
  9. robbery
  10. burglary
  11. forgery
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15
Q

what are the 2 malice crimes?

A
  1. murder (not 1st degree) and

2. arson

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16
Q

what is the most common general intent crime?

A

battery

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17
Q

does the doctrine of transferred intent apply to specific intent crimes?

A

yes

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18
Q

does merger come into play when there is transferred intent (i.e. 2 victims)?

A

no because there are 2 victims so D can be charged with 2 crimes

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19
Q

can a defense that negates intent be a defense to a strict liability crime?

A

no

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20
Q

what is a strict liability crime?

A

a crime that does not require intent on behalf of D

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21
Q

how can you tell if a crime is a strict liability crime?

A
  1. The crime is in the administrative, regulatory, or morality area AND
  2. there are no adverbs in the statute such as knowingly, willfully, or intentionally
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22
Q

what are the MPC mental states?

A
  1. purposely
  2. knowingly
  3. recklessly
  4. negligently
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23
Q

How does one act purposefully as an MPC mental state?

A

One acts purposely when it is his conscious objective to engage in certain conduct or cause a certain result.

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24
Q

How does one act knowingly as an MPC mental state?

A

One acts knowingly when he is aware that his conduct will very likely cause the result.

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25
Q

How does one act recklessly as an MPC mental state?

A

One acts recklessly when he consciously disregards a substantial and unjustifiable risk

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26
Q

Who is an accomplice?

A

One who aids, advises, or encourages the principal in the commission of the crime charged.

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27
Q

what must an accomplice have to be charged and convicted of a crime?

A

the requisite intent

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28
Q

what is an accomplice liable for?

A

the crime itself and all other foreseeable crimes

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29
Q

how must an accomplice withdraw if the accomplice encouraged the crime?

A

repudiate the encouragement

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30
Q

how must an accomplice withdraw if he was an accomplice because he provided assistance to the principal (ex. provided material)?

A

He must do everything possible to neutralize the assistance (ex. retrieve the materials)

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31
Q

what is the one way an accomplice can always withdraw?

A

contact the police

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32
Q

what is an inchoate crime?

A

an incomplete crime

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33
Q

what is the crime of solicitation?

A

solicitation is asking someone to commit a crime

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34
Q

when does the crime of solicitation end?

A

when you ask the person to commit a crime

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35
Q

in order to be charged and convicted of solicitation, must the person asked agree to commit the crime?

A

no

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36
Q

if in the process of solicitation, the person solicited agreed to commit the crime, what happens?

A

the crime becomes conspiracy and the solicitation merges. Both charged w/ conspiracy

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37
Q

is factual impossibility a defense to solicitation?

A

no

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38
Q

what is the crime of conspiracy?

A

Conspiracy is an agreement, with an intent to agree, and an intent to pursue an unlawful objective

(agreement + overt act)

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39
Q

does conspiracy merge w/ the substantive offense?

A

no

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40
Q

when is a co-conspirator liable for all the crime of the other co-conspirators?

A

if the crimes were:

  1. committed in furtherance of the conspiracy and
  2. were foreseeable
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41
Q

does an agreement in a conspiracy need to be express?

A

no, it can be implied

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42
Q

what is the bilateral approach to conspiracy?

A

-is the traditional (common law) rule
If one person (in a two party conspiracy) is merely feigning agreement to the conspiracy, the other person cannot be guilty of conspiracy

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43
Q

what is the unilateral approach to conspiracy?

A
  • modern trend & MPC approach

- only one person in a conspiracy has to have a genuine criminal intent

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44
Q

is factual impossibility a defense to conspiracy?

A

no

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45
Q

can withdrawal, even if adequate, relieve the D from liability for the conspiracy itself?

A

no. The D withdraws from liability for the other conspirators’ subsequent crimes, but he cannot withdraw from the specific conspiracy

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46
Q

what is attempt?

A
  1. specific intent +

2. an overt act in furtherance of the crime

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47
Q

for attempt, what must the overt act be in order for a person to be liable for attempt?

A

the overt act must be a substantial step in furtherance of the commission of the crime

48
Q

can mere preparation be enough for a D to incur liability for attempt?

A

no, must be an overt act in furtherance of the commission of the crime

49
Q

is abandonment a defense to attempt if the D has taken a substantial step toward committing the crime?

A

No, never. (majority rule)

50
Q

when does the MPC allow for the defense of abandonment for an attempt?

A

when the abandonment if fully voluntary and a complete renunciation of criminal purpose has taken place

51
Q

what type of impossibility is a defense to attempt?

A

legal impossibility (means whatever the person was doing was not a crime even if the person thought it was)

52
Q

what type of impossibility is not a defense to attempt?

A

factual

53
Q

what are the 4 tests for the insanity defense?

A
  1. M’Naghten rule: at the time of his conduct, D lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions
  2. Irresistible impulse: D lacked the capacity for self control and free choice
  3. durham rule: D’s conduct was a product of mental illness
  4. MPC: D lacked the ability to conform his conduct to the requirements of the law
54
Q

to what type of crimes is voluntary intoxication a defense?

A

specific intent crimes ONLY

55
Q

what are the elements for the defense of involuntary intoxication?

A
  1. unknowingly being intoxicated or

2. becoming intoxicated under duress

56
Q

can children under age 7 incur criminal liability?

A

no

57
Q

can children under age 14 incur criminal liability?

A

maybe. There is a rebuttable presumption of no criminal liability

58
Q

what are the 2 types of self defense?

A
  1. non deadly force

2. use of deadly force

59
Q

when may a person use non deadly force as a defense?

A

A V may use non-deadly self-defense anytime the V reasonably believes that force is about to be used on him

60
Q

what is the majority rule regarding use of deadly force as a defense?

A

A V may use deadly force in self-defense anytime the V reasonably believes that deadly force is about to be used on him

61
Q

what is the minority rule regarding use of deadly force as a defense?

A

a V is required to retreat if it is safe to do so (“retreat jurisdiction”)

62
Q

in a minority jurisdiction, what are the 3 exceptions to the duty to retreat?

A
  1. your home
  2. victim of rpae or robbery and
  3. police officers
63
Q

how can the original aggressor get back the defense of self-defense

A
  1. withdraw and

2. communicate that withdrawal

64
Q

can deadly force be used to defend property?

A

no

65
Q

when is duress a defense to a criminal act?

A
  1. the person acts under the threat of imminent infliction of death or great bodily harm AND
  2. that belief is reasonable
66
Q

can threats to harm a 3P suffice to establish the defense of duress?

A

Yes

67
Q

to what crimes is duress a defense?

A

all crimes except homicide

68
Q

when can a person assert a necessity defense?

A

when their conduct that would otherwise be criminal is justifiable if, as a result of pressure from natural forces, the D reasonably believes that his conduct was necessary to avoid a greater social harm

69
Q

when is mistake of fact a defense?

A

only when the mistake negates intention

70
Q

what must a mistake of fact be in order to be a defense to a malice or general intent crime?

A

reasonable

71
Q

what must a mistake of fact be to be a defense to a specific intent crime?

A

just a mistake (does not have to be reasonable)

72
Q

can mistake of fact be a defense to SL crimes?

A

never

73
Q

what is the difference b/t mistake of fact and factual impossibility?

A
  • mistake of fact = D never has the intent to commit the crime
  • factual impossibility = D has the intent to commit the crime but it is impossible to do so b/c of the factual circumstnaces
74
Q

is consent of the V a defense?

A

no

75
Q

when is entrapment a valid defense?

A

when:

  1. the criminal design originated w/ law enforcement officers and
  2. the D must NOT have been predisposed to commit the crime (predisposed ex. sold drugs in the past)
76
Q

what is battery?

A

-CL crime

A battery is an unlawful application of force to the person resulting in either bodily injury or offensive touching

77
Q

does a battery need to be intentional?

A

no

78
Q

what type of crime is battery?

A

general intent

79
Q

what is assault?

A
  1. attempt to commit a battery or

2. the intentional creation - other than by mere words-of reasonable apprehension of imminent bodily harm

80
Q

what is an aggravated assault?

A

An assault + the use of a deadly or dangerous weapon OR with the intent to rape, make, or murder

81
Q

what is the general definition of murder?

A

The unlawful killing of another human being with malice aforethought

82
Q

what type of cause is required for murder?

A

Actual and Proximate

Actual = The D’s conduct must be the cause-in-fact of the victim’s death. (the death would not have occurred but for the D’s conduct)

Proximate = a D is responsible for all results that occur as a natural and probable consequence of his conduct, even if he did not anticipate the exact manner in which they would occur.

83
Q

what two types of murder are included in first degree murder?

A
  1. premeditated killing

2. felony murder

84
Q

what are the requirements for a 1st degree premeditated killing?

A
  1. V is human and dead and

2. D acted w/ intent or knowledge that his conduct would cause death

85
Q

what are the requirements for a 1st degree felony murder charge?

A
  1. any killing-even accidental–committed during the course of a felony
86
Q

what are the defenses to felony murder?

A
  1. the D has a defense to the underlying felony
  2. the felony they are committing must be a felony other than the killing
  3. the death must be foreseeable
87
Q

if D reaches a place of temporary safety and then kills someone while still committing the felony, is that felony murder?

A

no, it’s murder

88
Q

is a D liable for the death of a co felon as a result of resisted by the V or the police?

A

no

89
Q

what are the elements for a D to be guilty of homicide of a police officer?

A
  1. the D must know the V is a law enforcement officer

2. the V must be acting in the line of duty

90
Q

what is second degree murder?

A

-a depraved heart killing = a killing done w/ reckless indifference to an unjustifiably high risk to human life or murders that are not classified as 1st degree murders

91
Q

what are the 3 types of manslaughter?

A
  1. voluntary
  2. involuntary
  3. imperfect self-defense (V has honest but unreasonable belief his life was in danger; recognized by only some states)
92
Q

what is voluntary manslaughter?

A

killing in the heat of passion resulting from an adequate provocation by V

93
Q

what is involuntary manslaughter?

A
  1. a killing of criminal negligence OR

2. misdemeanor manslaughter = killing someone while committing a misdemeanor or an unenumerated felony

94
Q

definition of false imprisonment

A

Unlawful confinement of a person w/o his valid consent

95
Q

definition of kidnapping

A

confinement of a person w/ either:

  1. some movement OR
  2. concealment in a secret place
96
Q

what do we need to know about rape?

A

the slightest penetration completes the crime of rape

97
Q

what type of crime is statutory rape?

A

strict liability

98
Q

what is larceny?

A

A wrongful taking and carrying away of property of another by trespass w/ intent to permanently deprice

99
Q

when must the intent to permanently deprive the owner of property exist to be guilty of larceny?

A

at the time of the taking

100
Q

If a person takes property not intending to steal it, but then later decides to keep the property, she can be guilty of larceny under what theory?

A

continuing trespass

101
Q

is it larceny if you believe the property is yours?

A

no

102
Q

what is embezzlement?

A

the fraudulent conversion of property of another

103
Q

T/F: you have to carry away to be an embezzler

A

false –you just need lawful possession

104
Q

what is false pretenses

A

the D persuades the owner of the property to convey title b false pretenses (false representation)

105
Q

can a promise to do something in the future be a ground for liability for false pretenses?

A

no

106
Q

what is larceny by trick?

A

when possession of the property is obtained by false representation (crime of false pretenses involves the possession of the title only)

107
Q

what is robbery?

A

the taking of personal property of another from the other’s person’s presence, by force or threat w/ the intent to permanently deprive him of it

108
Q

what is extortion?

A

knowingly seeking to obtain property or services by means of a future threat

109
Q

what is forgery?

A

the making or the altering of a false writing w/ intent to defraud

110
Q

what is burglary?

A

breaking and entering of a dwelling of another at night w/ the intent to commit a felony therein

111
Q

what can a “breaking” be for the definition of burglary?

A
  1. actual (break window)

2. constructive (using house cleaning key to enter house at night to throw party)

112
Q

can burglary include entering a dwelling that is a barn or a commercial building?

A

no

113
Q

when must the intent to commit a felony exist for the crime of burglary?

A

at the time of the breaking and entering

114
Q

what is arson?

A

the malicious burning of the dwelling of another

-malicious = acting w/ reckless indifference

115
Q

is scorching sufficient for arson?

A

no, it must be charring

116
Q

at CL, could one be guilty of arson for burning down his own house?

A

no

117
Q

what is the difference b/t accomplice liability and conspiracy?

A
  • accomplice = helper (aid, advise, encourage)

- conspirator = in on the crime, doing it together

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