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Lorenzo own > CrimL > Flashcards

CrimL Flashcards

1
Q

General intent crimes

A

BRIAKF2

Battery
Rape
Involuntary Manslaughter
Arson
Kidnapping
False Imprisonment
Common Law Murder (2nd)

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2
Q

Inherently dangerous felonies

A

BARRK
Burglary
Arson
Robbery
Rape
Kidnapping

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3
Q

Felony murder

A

Any death caused in commission or attempted commission (substantial step toward completion) of felony is 1st degree felony murder. Malice is implied from intent to common the underlying felony.
Resulting death must be a foreseeable result of felony, but distinct from the felony.

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4
Q

Battery

A

The unlawful application of force to the person of another person resulting in bodily injury or offensive touching

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5
Q

Two types of assault

A

Attempted battery: D intended to commit battery, no need to finish (V need not be aware)

Fear of battery: D intentionally put V in reasonable apprehension of imminent bodily harm - words not enugh

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6
Q

Kidnapping

A

Unlawful confinement of V w/o consent via movement of V or concealment of V in a secret place

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7
Q

False imprisonment

A

unlawful confinement of V w/o consent. not confinement if alternate route is available

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8
Q

Larceny

A

Unlawful (w/o consent) taking and carrying away of personal property of another with intent to permanently deprive the owner at time of taking

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9
Q

Robbery

A

Larceny plus by force or threat of immediate physical injury or death

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10
Q

Extortion

A

Obtaining property by threat of harm or exposing information

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11
Q

Forgery

A

Creating or altering a writing w apparent legal significance so that is false, with intent to defraud

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12
Q

Burglary

A

Breaking and entering of the dwelling house of another with intent to commit a felony therein

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13
Q

Arson

A

Malicious burning of the dwelling house possessed by another

Malice = intent to burn the structure or reckless disregard

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14
Q

Merger Doctrine

A

D can be convicted of either an inchoate crime or merged (completed) crime but not both

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15
Q

If solicited person commits sufficient act for attempt…

A

Both parties may be liable for attempt

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16
Q

If solicited person agrees to commit crime…

A

Both parties may be liable for conspiracy

17
Q

Defense to solicitation

A

Renunciation (MPC) if D prevents commission of crime. Withdrawal usually not a defense.

18
Q

Attempt

A

Intent to bring about criminal outcome + an act beyond mere preparation in furtherance of that intent

19
Q

Defenses to attempt

A

Abandonment, legal impossibility, not factual impossibility

20
Q

Conspiracy

A

Requires 1) agreement between 2+ parties to commit a crime; 2) Intent to enter into such an agreement; 3) Intent to achieve same objective of the agreement; and 4) modernly overt act, even mere preparation, in furtherance of the conspiracy

21
Q

When can there be one-person conspiracies?

A

MPC only. (CL = Pro D)

22
Q

Pinkerton Doctrine

A

Each conspirator is liable for the crimes of all other co-conspirators where crimes were foreseeable outgrowth of conspiracy + crimes were in furtherance of conspiratorial goal

23
Q

Wharton Rule

A

Where 2+ people needed to commit offense, no conspiracy unless agreement involves another not essential to crime

24
Q

Defense to conspiracy

A

Withdrawal
CL: May cut off further liability if withdrawal is timely communicated to co-conspirators
MPC: Renouncing party must give timely notice to all members + affirmatively thwart conspiracy

25
Q

Accomplice liability

A

D is liable as an accomplice if he aided or encouraged (or omitted with duty to act) the principal’s commission of a crime, with intent to encourage the principal to commit the crime

An accomplice is liable to same extent as principal for crime counseled and for any other crimes by the principal that were probable or foreseeable

26
Q

Defenses to accomplice liability

A

Withdrawal
CL: Withdrawal w/ timely notice to principal + nullify prior assistance can cut off future liability
MPC: 1) Render prior assistance ineffective; 2) provide police with timely warning; or 3) make proper effort to prevent perpetrator from committing the crime

27
Q

M’Naghten rule: cannot understand

A

Mental disease or defect of reason caused D at the time of offense to not know wrongfulness of or not understand the nature and quality of his actions

28
Q

Irresistible impulse: cannot control

A

Mental defect kept D from controlling conduct

29
Q

MPC Insanity: cannot appreciate or cannot control

A

As a result of mental disease or defect, D lacked substantial capacity to appreciate the criminality of the conduct or conform his conduct to requirements of law

30
Q

Durham insanity:

A

Unlawful act would not have been committed but for the mental defect or disease

31
Q

Criminal law defenses

A

Mistake of fact
Intoxication
Insanity
Necessity: Reasonable belief that it was necessary to avoid imminent and greater injury to society
Duress: Reasonable belief that only way to avoid threat of imminent death or great bodily harm by human on him or family member is to commit the crime
Entrapment: D must show that 1) criminal design originated with LE agents; and 2) D was not predisposed to commit criminal act prior to first being approached

32
Q

Criminal law justifications

A

Self-defense - unless he is the initial aggressor
Defense of others
Defense of property
Crime/felony prevention
Arrest

33
Q

Probable cause

A

Fair probability that would warrant a reasonable person to conclude that evidence of a crime can be found at place or that D committed a crime

34
Q

Auto - Exceptions to warrant - PC enough to justify S or S without W

A
  • Auto Stop based on RS of violation of law
  • Auto stop based on PC to believe criminal evidence in car > can search whole car, closed containers (size limited to evidence) and contents including passengers luggage
    -Auto stop based on RS of violation OR PC to believe criminal evidence in car > PC arises to believe criminal evidence in container > search limited to container or where it could be found and once package is found, search is limited to package
    -PC to believe automobile is contraband > can seize
35
Q

Exception to seizure warrant - PC or RS needed

A
  • Arrest in public (PC)
  • Arrest in home if in hot pursuit or exigency
  • Stop and frisk (RS)
  • Stop and frisk (RS) > Plain Feel - during pat down, may seize evidence reasonably believed to be weapon/contraband

-Stop and Frisk (auto stop) - stop based on RS of state law violation > RS armed and dangerous > may frisk driver/passenger and search car limited to where weapon can be

36
Q

Exception S&S - no W or PC needed

A

SILACAT = SILA + Consent + Admin + Terry

37
Q

Miranda warning - reinitiation after invocation

A
  1. PO may reinitiate Qs after invocation of rt to silence on unrelated crime after some time + re-Mirandizing
  2. PO may only reinitiate after invocation of rt to counsel if D reinitiates OR 14 days since D releases to normal life
38
Q

Jeopardy attaching to lesser bars retrial for greater unless…

A

P could not have tried the 2nd crime the first time

Lorenzo own (3 decks)

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