Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Bar Exam > Criminal Law Rules > Flashcards

Criminal Law Rules Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

A state has jurisdiction over a crime if:

A
  • Any act constituting an element of the offense was committed in the state
  • An act outside the state caused a result in the state
  • The crime involved the neglect of a duty imposed by the law of the state
  • There was an attempt or conspiracy outside the state plus an act inside the state, or
  • There was an attempt or conspiracy inside the state to commit an offense outside the state
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Merger Common Law

A
  • If convicted of a felony and a misdemeanor then the charge would merge into the felony
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Modern Merger

A
  • No merger of crimes generally
  • Solicitation merges if the crime is committed
  • Attempt merges if the crime is committed
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

MPC Merger

A
  • D may not be convicted of more than one inchoate crime (attempt, conspiracy, solicitation)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Felony vs. Misdemeanor

A

Felony: punishable by death or imprisonment for more than 1 year

Misdemeanor: all other crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Elements of a crime

A
  • A physical act (actus reus)
  • a mental state (mens rea)
  • A concurrence of the act and the mental state
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Nonvoluntary movement examples

A
  • A reflexive or convulsive act
  • An act performed while unconscious or asleep
  • Conduct that is not the product of the person’s own volition
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Physical Act (Actus Reus)

A
  • D either performed a voluntary physical act or failed to act under circumstances imposing a legal duty to act
  • Any bodily movement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Omission as an act gives rise to liability only if:

A
  • there is a legal duty to act
  • the defendant has knowledge of the facts giving rise to the duty to act; and
  • it is reasonably possible to perform the duty
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

How is a duty to act created

A
  • By statute
  • By contract
  • the relationship between the parties (child/parent; Spouse)
  • the voluntary assumption of care by the defendant for the victim
  • the d created the peril for the victim
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Specific Intent

A
  • A crime that requires the act to be done with specific intent or objectives
  • Can be inferred from the manner in which the crime was committed
  • Qualify for defense of voluntary intoxication and unreasonable mistake of fact
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Specific Intent Crimes (Students can always fake a laugh even for ridiculous bar facts)

A
  • Solicitation
  • Conspiracy
  • Attempt
  • First degree premeditated murder
  • Assault
  • Larceny
  • Embezzlement
  • False pretenses
  • Robbery
  • Burglary
  • Forgery
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Malice Crimes

A
  • Common Law Murder and Arson
  • Requires a reckless disregard of an obvious or high risk that the particular harmful result will occur
  • Defenses to specific intent do not apply to malice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

General Intent Crimes

A
  • Jury may infer the required general intent merely from doing of the act
  • catch-all for all crimes that aren’t specific intent and malice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Strict Liability Offenses

A
  • D can be found guilty from the mere fact that they committed the act.
  • Selling liquor to minors, statutory rape
  • Will give a statute and there are no adverbs such as knowingly, willfully, or intentionally
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

MPC Categories of Intent

A
  • Purposely
  • Knowingly
  • Recklessly
  • Negligently
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Purposely Intent

A
  • A person acts purposely when their conscious object is to engage in certain conduct
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Knowingly Intent

A

A person acts knowingly when they are aware their conduct is of a particular nature or that certain circumstances exist and their conduct will necessarily or very likely cause a particular result
- Can be aware if know of a high probability and deliberately avoid learning the truth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Reckless Intent

A

A person acts recklessly when they consciously disregard a substantial and unjustifiable risk and this disregard constitutes a gross deviation for a reasonable standard of care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Negligence

A
  • A person acts negligently when they fail to be aware of a substantial and unjustifiable risk and the failure is a substantial deviation from the reasonable standard of care
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Transferred Intent

A
  • D can be liable if they intend the harm that is caused but to a different person (i shoot at 1 person but hit another)
  • Can be charged with crime and attempt for other person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Causation

A
  • Cause In-Fact
  • Proximate Causation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Common Law Parties to a Crime

A
  • Principal in the first degree
  • Principal in the second degree
  • Accessories before the fact
  • Accessories after the fact
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Modern View Parties to a Crime

A
  • All parties to the crime can be found guilty of the principal offense
  • Principal: one who, with the requisite mens rea, engages in the act or omission that causes the criminal result
  • Accomplice: one who aids, advises, or encourages the principal in the commission of the crime charged
  • Accessory after the fact: someone who assists after the fact
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Mental State for Accomplice Liability

A
  • The intent to assist the principal in the commission of a crime
  • the intent that the principal commit the substantive offense
  • If mens rea is recklessness or negligence then the accomplice must have acted with recklessness or negligence as well
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Scope of Accomplice Liability

A
  • Responsible for the crimes they were a part of and other crimes that were probable or foreseeable
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Exceptions from Accomplice Liability

A
  • Members of the protected class of the statute
  • Necessary parties not provided for in the statute
  • Withdrawal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Conspiracy Elements

A

(1) an agreement between two or more persons; (2) an intent to enter into the agreement, (3) an intent by at least two persons to achieve the objective of the agreement. A majority of states require an overt act, but an act of mere preparation will suffice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

MPC Unilateral Conspiracy Approact

A
  • Requires that only one personal have genuine criminal intent
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Common Law Bilateral Approach

A
  • A conspiracy requires at least two “guilty minds” if one person is faking then the other person cannot be convicted of conspiracy
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Termination of Conspiracy

A
  • Usually terminates upon completion of the wrongful objective
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Liability of Co-Conspirators Crimes

A

(1) crimes were committed in furtherance of the objectives of the conspiracy and (2) were foreseeable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Non Defenses to Conspiracy

A
  • Withdrawal is not a defense to conspiracy but can be in furtherance of the conspiracy. Must perform an affirmative act
  • Factual Impossibility is not a defense
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Solicitation Elements

A
  • Asking, inciting, counseling, advising, urging or commanding another to commit a crime, with the intent that the person solicited commit the crime
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Attempt Elements

A

(1) specific intent to commit a crime
(2) an overt act in furtherance of the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Overt Act for Attempt

A

Must commit an act beyond mere preparation.
- Traditional view requires the act to be dangerously close to completion of the crime.
- modern view requires the act is a substantial step in the commission of the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Defenses to Attempt

A
  • Abandonment (under MPC)
  • Legal Impossibility
38
Q

Common Law Murder

A
  • The unlawful killing of a human being with malice aforethought.
39
Q

Malice Aforethought Mindsets

A
  • Intent to Kill
  • Intent to inflict great bodily injury
  • reckless indifference to an unjustifiably high risk to human life
  • intent to commit a felony (felony murder)
40
Q

Common Law First Degree

A
  • Murder with deliberate and premeditated mindset
  • Felony Murder
41
Q

Common Law Second Degree

A
  • Anything that is not first degree
  • Usually depraved heart
42
Q

Felony Murder

A
  • caused in the commission or in an attempt to commit a dangerous felony
  • Burglary, arson, rape, robbery, kidnapping
43
Q

Limitations on Liability for Felony Murder

A
  • the D must have committed or attempted to commit the underlying felony
  • The felony must be distinct from the killing (battery would not count)
  • The death must have been a foreseeable result of the felony
  • the death must have been caused before the defendant’s immediate flight
  • Not liable when a co-felon is killed by a victim or police
44
Q

Proximate Cause Theory of Liability (minority view)

A

felons are liable for the deaths of innocent victims caused by someone other a co-felon

45
Q

Alternative Agency Theory (majority view)

A

The killing must be committed by a felon or their “agent”

46
Q

Voluntary Manslaughter

A
  • Killing that would be murder but for the existence of adequate provocation
47
Q

Adequate Provocation exists if:

A
  • A provocation that would arouse sudden and intense passion, causing them to lose self-control
  • the D was in fact provoked
  • There was not sufficient time between provocation and the killing for a reasonable person to cool off; and
  • the defendant in fact did not cool off
48
Q

Imperfect Self-Defense

A
  • Recognized in some jurisdictions that will reduce a charge to manslaughter even though the D started the altercation, or the D unreasonably but honestly believed in the necessity of responding with deadly force
49
Q

Involuntary Manslaughter

A
  • Committed with criminal negligence or recklessnes under the MPC; or
  • in some states, during the commission of an unlawful act. Foreseeability of death also may be a requirement.
  • only requires a substantial risk of death for recklessness
50
Q

Causation

A
  • But for
  • Proximate Cause (the natural and probable consequence of the conduct)
  • An act that hastens an inevitable result is still the legal cause of that result.
51
Q

Battery

A
  • An unlawful application of force to the person of another resulting in either bodily injury or an offensive touching
  • General intent crime
52
Q

Aggravated Battery

A

(1) battery with a deadly weapon, (2) battery resulting in serious bodily harm; and (3) battery of a child, woman, or police officer

53
Q

Assault

A

(1) an attempt to commit a batter or
(2) the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm

54
Q

Aggravated Assault

A

Assault plus one of the following: (1) the use of a deadly or dangerous weapon, or (2) with the intent to rape, maim, or murder

55
Q

False Imprisonment

A

The unlawful confinement of a person without the person’s valid consent. MPC Requires that the confinement must interfere substantially with the victim’s liberty

56
Q

Kidnapping

A

Unlawful confinement of a person that involves either (1) some movement of the victim, or (2) concealment of the victim in a “secret place”

57
Q

Rape

A
  • Unlawful carnal knowledge of a woman by a man (now states recognize either way)
  • Slightest penetration is sufficient
58
Q

Lack of Effective Consent (Rape)

A
  • Intercourse is accomplished by actual force
  • Intercourse is accomplished by threats of great and immediate bodily harm
  • Victim uncapable of consenting due to mental state
  • Fraudulent causing victim to believe it is not intercouse
59
Q

Larceny Elements

A
  • A taking (obtaining control)
  • carrying away (asportation - slightest movement enough)
  • of tangible personal property
  • of another with possession
  • by trespass
  • with intent to permanently deprive the person of their interest
60
Q

Possession vs. Custody for Larceny

A
  • Defendant has possession if they were given discretionary authority over the property but only custody if given limited authority
61
Q

Embezzlement

A

The fraudulent conversion of personal property of another by a person in lawful possession of that property
- Trustee is often the MBE embezzler and does not have to get the benefit

62
Q

Continuing Trespass of Larceny

A
  • If D wrongfully takes the property without the intent to permanently deprive, and later decided to keep, the D is guilty when they make that decision
63
Q

False Pretenses

A

Obtaining title to personal property of another by an intentional false statement of a past or existing fact with intent to defraud the other
- Distinguished from larceny by trick because you are getting title

64
Q

Larceny by Trick

A
  • Same elements of false pretenses but you must coerce someone into giving up custody or possession
65
Q

Robbery

A
  • A taking of personal property of another from the other person or presence (in their vicinity) by force of threats of immediate death or physical injury to the victim with the intent to permanently deprive them of it
  • Must be a threat of imminent harm
66
Q

Extortion

A
  • Obtaining property by means of threats to do harm or to expose information. Distinguished from robbery because threats may be of future harm
67
Q

Receipt of Stolen Property

A
  • 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 the owner of their interest in it
  • Must be stolen property at the time the defendant receives it
68
Q

Theft

A

Larceny, robbery, embezzlement, extortion, etc.

69
Q

Forgery

A

The making or altering of a false writing with the intent to defraud

70
Q

Burglary

A
  • A breaking and entering of a dwelling (house) of another at nighttime with the intent to commit a felony in the structure
  • Breaking (cannot be through a wide open door or window, but if they push open a door to another room then breaking exists, can be by fraud or threat)
71
Q

Arson

A
  • the malicious (can be inferred from reckless disregard) burning of the dwelling (house) of another
  • Most states have expanded to include damage caused by explosion and included commercial structures, cars, trains, etc.
  • Blackening by smoke or discoloration by heat is not sufficient, but charring is sufficient
72
Q

Defense of Insanity M’Naghten Rule

A
  • A defendant is entitled to acquittal if (1) a disease of the mind; (2) caused a defect of reason; (3) such that the D 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
73
Q

Insanity Defense: irresistible impulse

A

A D is entitled to acquittal only if, because of a mental illness, they were unable to control their actions or conform their conduct to the law

74
Q

Insanity Durham (NH) Test

A
  • Entitled to acquittal if the crime was the product of their mental illness
  • Broadest
  • Only followed in NH
75
Q

MPC Test (Modern Trend)

A
  • A D is entitled to acquittal if they had a mental disease or defect, and as a result, they lacked the substantial capacity to either (1) appreciate the criminality of their conduct; or (2) conform their conduct to the requirements of the law
76
Q

Insanity Burden of Proof

A
  • Most states, D raises the issue, and must prove their insanity by a preponderance of the evidence
77
Q

Voluntary Intoxication

A
  • May be raised when it negates one of the elements of the crime
  • Defense to specific intent crimes
78
Q

Involuntary Intoxication

A
  • Only if it results from the taking of an intoxicating substance without knowledge of its nature, under direct duress imposed by another, or pursuant to medical advice.
  • Will be treated similarly to insanity and will be a defense to all crimes
79
Q

Infancy

A
  • No liability for under seven
  • rebuttable presumption for child seven to fourteen
  • 14 or older generally treated as adults
80
Q

Diminished Capacity

A
  • As a result of a mental defect, short of insanity, D did not have the required mental state to commit the crime
  • limited to specific intent crimes
81
Q

Self-Defense

A
  • Nondeadly (a person without fault may use such force as the person reasonably believes is necessary to protect themselves from the imminent use of unlawful force upon themselves. No duty to retreat.
  • Deadly (A person may use deadly force in self-defense if they are without fault, confronted with an unlawful force, and reasonably believes that they are threatened with imminent death or great bodily harm
82
Q

Duty to Retreat

A
  • Generally no duty to retreat before using deadly force
  • The minority view requires retreat if the victim can safely do so, unless:
  • the attack occurs in the victim’s own home
  • the attack occurs while the victim is making a lwful arrest
  • the assailant in in the process of robbing the victim
83
Q

Right of Aggressor to Use Self-Defense

A
  • Someone can use force to defend themselves as the initial aggressor if:
  • they effectively withdraw from the confrontation and communicate to the other their desire to withdraw. or
  • the victim of the initial aggression suddenly escalates the minor fight into a deadly altercation and no chance to withdraw
84
Q

Defense of Others

A
  • A D has the right to defend others if they reasonably believe that the person assisted has the legal right to use force in their own defense
  • Minority view there must a special familial relationship
85
Q

Defense of a Dwelling

A
  • A person may use nondeadly force in defense of their dwelling when they reasonable believe that such conduct is necessary to prevent or terminate another’s unlawful entry
86
Q

Duress

A
  • Defense to a crime other than intentional homicide that the D reasonably believed that another person would imminently inflict death or great bodily harm to them or a member of their family if the D did not commit the crime
  • threat to property under the MPC, assuming the value of the property outweighs the harm done to society by commission of the crime
87
Q

Necessity

A
  • Defense to a crime that the person reasonably believed that commission of the crime was necessary to avoid an imminent and greater injury to society than that involved in the crime. Test is objective.
  • Causing death to another for property is never jusitifed
  • Will not be available if D is at fault
88
Q

Mistake or Ignorance of Fact

A
  • Only relevant is it shows that the D lacked the state of mind required for the crime
  • if offered to disprove a specific intent, the mistake need not be reasonable, if offered to disprove any other state of mind, it must have been a reasonable mistake or ignorance
89
Q

Entrapment

A

Exists only if (1) the criminal design originated with law enforcement officers, and (2) the D was not predisposed to commit the crime prior to contact by the government

90
Q

Perjury

A

Perjury is the intentional taking of a false oath in regard to a material matter in a judicial proceeding

91
Q

Bribery

A
  • The corrupt payment or receipt of anything of value for official action. Modern statutes, may be extended to nonpublic officials, and either the offering of a bribe or the taking of a bribe may constitute the crime

Bar Exam (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions