Criminal Law midterms Flashcards
1
Q
Who goes first in criminal trial and why?
A
Prosecution - they have burden of proof
2
Q
What is burden of proof in criminal law?
A
BARD [highest standard in law]
3
Q
At the end of arguments, judge charges jury with the law. If he does so incorrectly?
A
Grounds for new trial
4
Q
What is the law in crim law?
A
The statute
5
Q
To establish that a person committed a crime, must every element of it be established / proven BARD?
A
Yes
6
Q
T/F) Lesser included offenses have less elements but the elements they do have come from the larger offenses.
A
True
7
Q
If the evidence is weaker than anticipated, can the state pivot and charge the jury on lesser offenses?
A
Yes
8
Q
____ _____ Rule: “If a statute language is clear & unambiguous, statute’s ____ _____ will govern. If it is NOT clear, courts then turn to legislative history for guidance.”
A
Plain meaning rule
9
Q
If you can’t figure out the legislative intent behind statue, what do you do?
A
Look at ‘Plain meaning’ of the words.
10
Q
Rule of ____: If there is general ambiguity, this rule says we use interpretation that is narrower, not broader. This is to the advantage of the accused.
A
Rule of Lenity
11
Q
Ejusdem _____: General language limited to statute’s specific terms. If law mentions autos, we conclude planes not included.
A
Ejusdem Generis
12
Q
Do proscutors have discretion in what is charged?
A
Yes. Overcriminalization is a real issue with the MPC.
13
Q
_____ Doctrine: Statute is void for ____ when the statute does not clearly put person on notice.
A
Vagueness doctrine
14
Q
Complaint in CivPro is what in CrimLaw?
A
Indictment
15
Q
_____: The voluntary act of the crime.
A
Actus Reus
16
Q
Must an act be voluntary?
A
Yes
17
Q
Is unconsciousness a complete defense?
A
Only when it was not self induced.
18
Q
Elements of crime?
1.
2.
3.
4.
A
- AR
- MR
- ATT C
- Causation
19
Q
Do elements of crime need to be concurrent?
A
Yes
20
Q
Burglary crime element example:
1. Breaking into home =
2. Intent to steal =
3. Someones dwelling house =
Causation also required
A
- AR
- MR
- ATT C
21
Q
Can omission of an AR be grounds for liability?
A
Sometimes. [Moral obligations, guardians, Good samaritan laws]
22
Q
Punishment for conduct of someone who fails to assist another in need when there is no appreciable risk to them. What law?
A
Good Samaritan Laws
23
Q
8th amendment protects criminal ∆s against what?
A
Excessive bail, cruel & unusual punishment.
24
Q
CL intent categories?
A
Specific & General
25
CL Intent:
The highest level of intent, requiring proof that the ∆ had a particular state of mind involved in the commission of the offense.
Specific
26
CL Intent:
The lowest level of intent, requiring proof that ∆ engaged consciously in the act but the government need NOT prove that the ∆ sought a particular result or was fuly conscious that he was committing a crime.
General
27
CL Intent example:
Breaking into home with 'intent' to commit a felony therein.
Specific intent
28
CL intent example:
Forcible sex by man with woman.
General intent.
29
___ ___ Doctrine: Appellant has to show on appeal two things.
1. Error
2. Prejudicial to them
Harmless Error doctrine
30
Standard of review for harmless error?
“would a reasonable jury have found ∆ guilty BARD despite the error?"
31
Specific intent is also ___ or ___ in MPC. Sometimes even ____.
Purpose, Knowledge, recklessness
32
General intent in the MPC is...
Recklessness and Negligence
33
Traffic codes are an example of strict liability. Meaning what with regard to MR?
There is no MR requirement for SL crimes
34
Willful language means what?
Specific intent, or rather, Knowingly in the MPC.
35
If the statute is silent on MR?
Charge knowingly.
36
What's below criminal negligence?
Simple negligence which is TORT not CRIMLAW.
37
T/F) Purpose & knowledge are general intent in the CL.
False. They are specific intent.
38
T/F) Recklessness is specific intent.
False. General intent.
39
T/F) if not clear from the statute and there is a MR mentioned for at least one element, we then assume that MR element applies to all.
True
40
Court says when you have to prove intent, if you have taken steps to not know what is happening, that is willful blindness the gov. can charge. Also called ostrich charge. So what do you charge?
Yes. Willful is knowingly. You took steps to not know.
41
X means to kill Y, kills Z instead. There was no intent to kill Z so what do we do? CL would say to damn bad… but in MPC, the malice follows the bullet.
Transferred Intent
42
T/F) a defendant possesses the requisite intent to be convicted of first-degree murder even if he mistakenly identified the murder victim.
Why?
T. Transferred Intent.
43
Legislatures have enacted laws that imposes criminal punishment when the violation involves protection of the public welfare without requiring proof of defendant’s intent.
Public welfare offenses
44
Activity like making drugs or food can cause serious harm to the public. If not done properly, can cause extreme health issues.
No MR required to charge.
Public welfare offenses
45
Mistake of fact & law are what?
Affirmative ∆s
46
[1st degree murder MPC]
T/F) Malice is often presumed where a person has killed another person by using a deadly weapon, e.g. a gun or a knife, on a vital part of the victim’s body.
IE: It doesn't matter if they actually had malice if deadly weapon is used in MPC.
True
47
In MPC, 1st degree murder requires what?
1. Malice [often presumed, especially with deadly weapons.]
2. Deliberation
3. Premeditation
48
T/F) For murder in many jurisdictions, malice can be implied from the accused’s act of gross recklessness [because murder is general intent] or actions undertaken with extreme indifference to the value of human life.
True
49
___ ____ duty is the highest possible MR standard, even above purpose & knowledge.
Known legal duty
50
What does gov. have to prove for Known legal duty?
1.
2.
1. he knew the law
2. he violated it anyways
51
Two types of causation?
1. But for cause [factual]
2. Actual[Proximate]cause
52
____ Cause: Is often established using the but-for-test. This test evaluates whether or not the crime would have occurred without the actions or omissions of the defendant.
But for / Factual cause
53
_____ cause: refers to a cause that is legally sufficient to find the defendant liable.
Proximate cause
54
Is the person in question appropriately singled out and identified as being criminally liable?
Proximate cause
55
3 kinds of killing at CL?
1. Murder
2.Voluntary MS
3. Involuntary MS
56
____ _____: is a doubt based on reason and common sense, and can arise from a careful consideration of all the evidence.
Note: Burden of proof:
The prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. 'BARD'
Reasonable doubt
57
Venue must be established by what standard
BARD
58
If you don't have venue in the correct place, can this be grounds to invalidate the conviction?
Yes. Must establish venue BARD.
59
Where do we try cases in terms of venue?
Where the crime actually occurred.
60
Venue:
Kidnapped in Conway, driven to Loris, then MB and raped. Where is venue?
This known as "____" crime.
1. Venue is Conway, Loris, and MB.
2. "Continuing" crime.
61
CL Murder?
Unlawful and Intentional killing of a human being with malice after thought.
62
CL MS?
Unlawful and Intentional killing of a human being without malice afterthought.
63
CL INV MS?
Unlawful, unintentional killing of a human being during the commission of negligent or unlawful act.
64
CL Murder: Malice requirements:
1.
2.
3.
4.
1. Intentional killing
2. Intentional beating
3. Felony
4. Depraved heart [recklessness]
65
CL Murder requirements:
1.
2.
3.
1. Malice
2. Actual death
3. Proximate cause
66
CL Murder: Actual death timeline
1. One year one day
2. 3 years for SC
67
Punishment: Common Law Homicide
1. Murder
2. V MS
3. INV MS
1. 30-Life
2. 5-30
3. 0-5
68
When can CL murder be reduced to V MS?
When a person is... "reasonably provoked into heat of passion killing without time to cool off" & a reasonable person would not have cooled off.
69
Define VMS reduction standard.
Person is "reasonably provoked into heat of passion killing without sufficient time to cool off." & a reasonable person would not have cooled off.
70
Requirements for VMS?
1. Intentional killing [no malice]
2. HOP provocation
3. Rsble person provoked
4. No time to cool off
5. Rsble person not cool off
71
What is the standard that VMS is judged by? [HOP and Cool off time]
Reasonable person standard
72
What culpability is VMS?
Purpose or knowledge b/c it was still intentional.
73
HOP is a subjective or objective element.
Subjective.
74
Cooling off time is judged by a [subjective/objective] standard.
Objective [Reasonable person would not have cooled off]
75
Come home early. Spouse is cheating. You go and get a gun, you go back and get bullets which you forgot, this takes time. You shoot them. Can maybe make argument that going upstairs, stopping to load gun, etc. provided sufficient time to cool off. Maybe not.
V MS
76
INV MS is lowest level of homicide because why?
It does NOT require intent.
77
_____ manslaughter: You push someone, he falls, hits his head and dies. Originally, it was assault but now he’s dead.
Involuntary MS
78
T/F) Murder is general intent crime.
True b/c depraved heart is recklessness.
79
T/F) INV MS is simple negligence.
False, that's Tort negligence. INV MS is Gross or Criminal negligence.
80
T/F) You can be charged with INV MS without proving intent.
True.
81
Voluntary acts:
T/F) A criminal act must be committed voluntarily. If an accused person shows that his or her actions were “involuntary,” no crime has been made out. An
True
82
Voluntary acts:
T/F) If ∆ was aware that he suffered from this sleep disorder and that sleepwalking and other bodily movements could occur as a result and he was in a position to do something about that, e.g. through taking appropriate medication, but did not, a voluntary act may be established.
True.
83
Possession crimes:
T/F) To establish commission of a possessory offense, the prosecution must prove that the accused was aware of his or her possession of a contraband item to a degree sufficient to be able to exercise control over it.
True
84
What does the prosecution need to show to convict ∆ for a 'possessory' crime?
That the ∆ was aware of the contraband sufficient to exercise control over it.
85
If your stopped and weed is found in your truck, is this sufficient to charge you with possession?
No. The state must show that I had actual knowledge sufficient to "exercise control over it."
86
Possession:
T/F) Items [drugs particularly] may be possessed by more than one person, i.e. “jointly,” when it is found in a place where more than one person was aware of its existence and exercised control over it.
True. Key requirements = 1) Actual knowledge 2) Sufficient to exercise control over it.
87
T/F) Omissions are not ordinarily held to be culpable at criminal law.
True. Look to the statute for specific, state level guidance.
88
Omissions are not ordinarily held to be culpable at criminal law. Unless when?
When there is a known legal duty, such as a lifeguard who fails to act when swimmer drowns, this may be INV MS.
89
Does statutory rape require MR?
No, this is usually a strict liability crime.
90
Do public welfare offenses require MR? [B&B example with lead cribs.]
No. Strict liability. If you have sufficient AR, you are guilty.
91
Intoxication:
The fact that an accused was intoxicated or drugged at the time he or she committed a criminal act is considered to be a valid defense only when?
When the intoxication is so extreme as to negate the MR requirement.
92
1. Is intoxication a good defense to 1st degree murder?
2. How about INV MS?
1. If it is so extreme as to negate the MR, then yes.
2. Yes. No MR requirement.
93
T/F)
In a majority of jurisdictions, the fact that an accused was intoxicated or drugged at the time he or she committed a criminal act is considered to be a valid defense, but only if the crime has a specific intent mens rea element and the intoxication or drugged condition is so extreme as to negative that element.
True. It must be so extreme as to negate the MR requirement though.
94
Is proof of causation required in all homicide cases?
Yes
95
State must prove what to prove causation for homicide?
1.
2.
1. Accused conduct caused the criminal result and;
2. Accused conduct is legally sufficient cause
96
Causation:
T/F) Mere negligent medical treatment leading to the death of a victim who was hospitalized as the result of a prior criminal assault has been held not to break the causal chain with respect to the perpetrator of the assault.
True
97
T/F) As to legal causation, in many jurisdictions, death is defined as brain death [Ventilator scenario]
True
98
T/F) While five minutes is not a lot of time, in many jurisdictions, “no time is too short” for a person to premeditate and deliberate a killing. [Kitchen argument killing]
True
99
Amos decided to celebrate his twenty-first birthday by shooting his rifle into the air twenty-one times. Of course, what goes up, must come down. One of the bullets that he shot into the air in this celebratory fashion fell to earth and hit four year-old Tommy in the top of his head, killing him instantly. Tommy was more than a quarter mile away from where Amos shot his rifle into the air and was not visible to Amos as he shot.
What element of 1st degree murder has been met?
Malice, which can be presumed whenever a gun or knife has been used in a killing.
100
T/F) Malice can be implied from the accused’s act of gross recklessness or actions undertaken with extreme indifference to the value of human life.
True. For Murder, recall that depraved heart [malice] is = to recklessness charge. So when a person acts recklessly or with blatant disregard to one's life, this is sufficient to presume malice to satisfy murder.
101
Does malice have to be established expressly for murder charges?
No. Can be express or implied.
102
When is malice implied in the case for murder?
When accused has acted with extreme recklessness.
103
To successfully argue Felony malice element, can the charged felony be any felony, such as aggravated assault that results in death?
No. It must be a collateral felony, IE: robbing a house and person has heart attack.
Felonies directly connected to the murder [assault] do not qualify.
104
T/F) In a majority of jurisdictions, a death occurring when an accused person is committing, attempting to commit, or fleeing after committing a felony is deemed to be the crime of felony murder.
True, as long as the felony is 'collateral' to the murder.
[Kidnapping and then car accident kills the kid]
105
T/F) An imperfect defense is a protective defense—like self defense—where the accused honestly believes that he or she needs to kill for self-protection or to protect others, but that belief is unreasonable. This can be used to reduce Murder to VMS.
True
106
CL Burglary defined?
Burglary:
1. is the act of breaking and entering (AR)
2. into a dwelling (AC) at night (AC)
with the intent to commit a felony. (MR)
107
CL Burglary MR?
"With intent to commit a felony." intent is also Specific Intent. Specific Intent can be either Purpose or Knowledge.
108
What structure for Prof. Shealey essay responses?
IRAC
109
KLD is the highest MR. Is ignorance or mistake of fact a valid ∆? What case?
No. Mistake of fact or even reasonable ignorance is no defense. [Cheek v. US, tax case]
1. You are aware of the law
2. Broke it anyways
110
Causation, what is required to prove?
1. Actual cause [but for cause]
2. Proximate cause [legally sufficient to single out]
111
Felony murder:
1. CL felony murder?
2. Other Js?
1. If someone died as a prox. result of the action, then you have it.
2. Must be 'inherently dangerous' which is rape, kidnapping, armed robbery, etc.
112
'Inherently dangerous' felonies for those Js not using CL?
Is the felony itself dangerous as is? IE: Armed robbery, rape, kidnapping, etc.
113
MR:
CL Specific intent uses what language in MPC?
You can use either Purpose or Knowledge. This was an attempt to distill the CL which was convaluted.
114
CL General intent uses what language in MPC?
CL General intent is RECKLESSNESS.
115
Negligence in MPC is what at CL?
In the CL this is criminal or gross negligence. [Not simple]
116
CL Felony murder: If someone dies as the proximate result of your felony, you have it.
True
117
Other Js felony murder: Only applies if felony...
Is inherently dangerous.
118
Is ignorance or mistake of law a ∆ in criminal prosecution to a known legal duty?
No. [Cheek v. US]
119
Who made criminal laws in the US?
Legislative bodies
120
T/F) A court may define 'wilfullness' as purpose or knowingly. Its up to them
True
121
1st degree murder:
Define deliberation:
You weighed the consequences of your actions and you did it anyways.
122
1st degree murder:
Define premeditation:
Reflection to kill. Can be immediate but must be prior to killing. "Twinkling of an eye."
123
But for cause is [actual] cause while ___ cause is what was "reasonably forseeable in ∆s situation."
Proximate cause [Legally sufficient]
124
_____: Is the highest level at CL, requiring proof that the ∆ had a particular state of mind that involved comission of the offense.
Specific Intent
125
______: Is the lowest level at CL, requiring proof that ∆ engaged consciously in the act but gov. need not show ∆ sought a particular result or was even fully conscious he was comitting the crime.
General intent
126
