Criminal Law & Procedure Flashcards
What are the crimes of specific intent at common law?
Solicitation, conspiracy, attempt, first degree (premeditated) murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, & forgery
Note: these crimes qualify for the additional defenses of (1) voluntary intoxication and (2) unreasonable mistake of fact
To which crimes does the doctrine of transferred intent apply?
Homicide, battery, & arson
Note: does NOT apply to attempt
What are the requirements for withdrawal from accomplice liability?
(1) repudiation of any encouragement AND (2) attempt to neutralize any assistance: OR (3) notifying police or taking action to prevent the crime are also sufficient
Timing: must occur before crime becomes unstoppable
Effect: successful withdrawal negates liability
What are the types of inchoate offenses?
Conspiracy, solicitation & attempt
What are the elements of conspiracy?
(1) agreement between two or more persons; (2) intent to enter into agreement; (3) intent to achieve (criminal) objective; (4) overt act (majority rule - not at common law)
What are the elements and effects of a withdrawal from a conspiracy?
(1) conspirator must perform an affirmative act that notifies co-conspirators of withdrawal
NOT a defense to conspiracy BUT can be a defense to crimes committed in furtherance of the conspiracy
What are the elements of solicitation?
(1) asking another person to commit a crime with (2) intent that the person commit it
Note: if the other person agrees, solicitation merges into conspiracy
What are the elements of attempt?
(1) a specific intent to commit the crime and (2) an overt act in furtherance of the crime beyond mere preparation
Note: two tests, traditional (dangerously close proximity) and modern/majority (substantial step in course of conduct)
What are the requirements for adequate provocation?
(1) provocation would arouse sudden and intense passion in the mind of an ordinary person; (2) defendant was in fact provoked; (3) not enough time to cool down; (4) defendant did not in fact cool down
What are the elements of criminal battery?
(1) unlawful application of force (2) to the person of another resulting in (3) either bodily injury or an offensive touching
Note: general intent crime, force can be applied indirectly
What is criminal assault?
(1) attempt to commit a battery OR (2) intentional creation (other than by mere words) of reasonable apprehension of imminent bodily harm
What is false imprisonment?
Unlawful confinement of a person without valid consent
What are the elements of larceny?
(1) the asportation (taking) and carrying away (2) of the personal property of another (3) without consent or where consent is induced by fraud (4) with the intent to permanently deprive at the time of the taking
What are the elements of the crime of false pretenses?
(1) obtaining title to (2) the personal property of another (3) by intentional false statement of past or existing fact (4) with intent to defraud
What is the difference between larceny by trick and larceny by false pretenses?
Larceny by trick requires that the victim give up custody or possession of the property; larceny by false pretenses requires that the victim give up title to the property
What are the elements of robbery?
(1) the taking of (2) personal property of another (3) from the other’s person or presence (4) by force or threat of imminent harm (5) with intent to permanently deprive
What is extortion?
Obtaining property by means of threats to do harm or expose information
What is forgery?
The making or altering of a writing with apparent legal significance so that it is false with intent to defraud
What are the elements of common law burglary?
(1) the breaking and entering (2) into the dwelling of another (3) at night (4) with intent to commit a felony therein
What is common law arson?
The malicious burning of the dwelling of another causing damage that amounts to at least charring (scorching is not sufficient)
Note: mens rea is malice (recklessness is sufficient, negligence is not)
What is the M’Naghten test?
One of the four possible tests applied to an insanity defense; requires that defendant have a disease of the mind causing a defect of reason such that defendant lacked the ability to know the wrongfulness of D’s actions OR understand the nature and consequences of actions
What is the irresistible impulse test?
One of the four insanity defense tests; requires that defendant have a mental illness rendering them incapable of controlling their actions or conforming their conduct to the law
What is the Durham test?
One of the four insanity defense tests; requires that crime be the product of mental illness
What is the MPC test?
One of the four insanity defense tests; requires that defendant (1) have a mental disease or defect and (2) as a result defendant lacks substantial capacity to either appreciate criminality of conduct or conform conduct to the law
What are the elements of an insanity defense?
Four possible tests: M’Naghten, irresistible impulse, Durham, & MPC
Defendant bears the burden to (1) raise the issue AND (2) prove insanity, generally by preponderance of the evidence
What is the rule for using non deadly force?
A person without fault may use such force as the person reasonably believes is necessary to protect themselves from imminent use of unlawful force
What is the rule for using 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 they are threatened with imminent death or great bodily harm
What are the requirements for a duress defense?
Defense to a crime other than intentional homicide where (1) defendant reasonably believed that (2) another person would imminently inflict death or great bodily harm (3) if defendant did not commit the crime
Note: always a human threat
What are the requirements of a necessity defense?
The defendant reasonably believed that the commission of the crime was necessary to avoid imminent and greater injury to society
What are the elements of perjury?
Perjury is (1) the intentional taking of (2) a false oath (3) in regard to a material (outcome-affecting) matter (4) in a judicial proceeding
What is subornation of perjury?
Procuring or inducing another to commit perjury
What are the elements of bribery?
Common law: the (1) corrupt payment or receipt of anything of value (2) for official action
Modern rule: offering OR taking a bribe (to anyone, not limited to public officials)
What is compounding of a crime?
Compounding consists of 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
Note: under modern rules this applies to any crime, not just felonies
