Criminal law MBE Flashcards
Mens rea
One of the most important elements of the defendant’s state, the mental state
Felony Murder
accidental killing that occurs during the commission or attempted commission of an inherently dangerous felony. Inherently dangerous felonies: Burglary Arson Rape Robbery Kidnapping
inherently dangerous felonies [BARRK]
[BARRK] Burglary Arson Rape Robbery Kidnapping
Attempt elements:
Specific intent to commit the target effect.
Substantial step of the commission to the crime.
Voluntary intoxication is only a valid defense to
specific intent crimes.
mistake of law is never a valid ________
Defense
The mens rea in the question needs to ______ the mens rea in the answer
Mirror
Accomplice requirements:
The accomplice has the specific intent that the principal commit the target offense.
2. Aid, abetting, assisting.
Exceptions:
Members of a class that are protected by a statute that has been violated are _________ of liability.
Members of a class that are protected by a statute that has been violated are exempt of liability.
Conspiracy.
Withdraw from conspiracy
(common law)
use common law if the Q does not say any specific.
withdraw is not a defense to conspiracy in common law.
But, in order to withdraw to subsequent crimes, 2 things must to be shown:
1. Defendant has to take an affirmative act notifying all the members of the conspiracy the intent of withdraw.
2. the notification must be done in a timely fashion so they have the chance to withdraw the crime as well
Conspiracy.
Withdraw from conspiracy
(modern penal code)
in order to withdraw, you need to intent to avoid the crime.
call the police
Robbery:
a taking by trespassing
carrying away of
personal property of another
with the intent to steel or deprive permanently the owner
and the taking is committed by force, violence or intimidation
the victim was present
Assault:
02 types of definitions
- Attempted battery (majority rule).
- Intentional creation, other that by mere words, of a reasonable apprehension in the mind of the victim, of imminent bodily harm
Arson:
modern penal code
malicious burning of any structure or dwelling.
The minimum needed for the exam, is charring.
(Voluntary intoxication is not a defense).
Arson:
common law rules
The intentional burning of another with malice.
False Pretenses:
- When defendants obtains title
- of the property of another
- by an intentional or knowing false statement of past or existing fact
- with the intent to defraud another
Forgery:
- Making or altering
- of a false instrument
- with the intent to defraud
Embezzlement:
- Fraudulent
- Conversion
- of Property
- of another
- by a person that is in lawful possession.
Grand Jury proceedings,
Exclusionary rule of evidence:
Not be considered.
The grand jury may consider any evidence that otherwise would be inadmissible in a normal trial.
The police _______ enter by force to a person’s home because they have a valid arrest warrant of a 3rd person that may be hidden there.
The police cannot enter by force to a person’s home because they have a valid arrest warrant of a 3rd person that may be hidden there.
Vehicle/automobile probable clause exception:
if probable cause justifies the stop of a vehicle, it justifies the search of the entire vehicle including close containers
Search incident to a lawful arrest:
Is allowed where:
a search is limited to the suspect wingspan and in a vehicle, until the passengers seat as well.
Terry stop:
the police can stop you without probable cause for arrest if they have a reasonable and articulable suspicion that criminal activity is afoot.
Terry frisk:
if after the lawful term stop, the police reasonably believes the person is armed.
is limited to a pat down outside the suspect clothes.
