CrimLaw Flashcards
Specific Intent Crimes
(FATCATS):
* First-degree murder
* Assault with intent to commit battery
* Theft offenses (larceny, embezzlement, forgery, burglary, robbery)
* Conspiracy
* ATtempt
* Solicitation
Malice crimes?
CL murder, arson
MPC no words of intent standard?
Recklessly—D acts with a conscious disregard of a substantial and unjustifiable risk
Mistake of fact defense applies to which types of crimes?
- A defense to specific-intent crimes if it is honest, even if unreasonable
- A defense to general-intent or malice crimes, only if reasonable
Mistake of law defense apples to which types of crimes?
Only valid if:
* D relied on court decision/administrative order or official interpretation,
* Statutory definition of malum prohibitum crime not available before conduct, or
* An honestly held mistake of law negates required intent or mental state
4 Insanity tests for defenses?
- M’Naghten—D did not know either (i) the nature and quality of the act, or (ii) the wrongfulness of the act, because of a defect of reason due to mental disease (“right from wrong” test)
- Irresistible impulse—D lacked capacity for self-control and free choice due to mental disease or defect (inability to conform conduct to the law)
- Durham—the unlawful act was the product of D’s mental disease or defect (“but for” test)
- MPC (combines M’Naghtenand irresistible impulse)—at the time of the conduct, D lacked substantial capacity to appreciate the wrongfulness of the act or to conform his conduct to law, as a result of mental disease or defect
Voluntary intoxification defense applies to which crimes?
- A defense to SI crimes if it prevents the formation of the required intent
- MPC—a defense to crimes with a mental state that is “purposely” or “knowingly” and the intoxication prevents the formation of that mental state
Involuntary intoxication applies to which crimes?
All
Which crimes can consitute a felony murder?
BARRK— burglary, arson, robbery, rape, and kidnapping)
What is a imperfect defense?
Many states reduce murder to voluntary manslaughter if D started the altercation or unreasonably believed in the necessity of using deadly force
Criminally negligent homicide is another name for . . .
voluntary manslaughter.
Elements of larceny?
- Trespassory;
- Taking and;
- Carrying away;
- Of the personal property;
- Of another;
- With the specific intent to permanently deprive the owner of the property.
Elements of larceny by trick?
- Larceny;
- Accomplished by fraud or deceit;
- That results in the conversion of the property of another.
Elements of forgery?
- Making;
- Of a false writing;
- With apparent legal significance; and
- With the intent to defraud.
Elements of Embezzlement?
- Fraudulent;
- Conversion;
- Of the property;
- Of another;
- By a person who is in lawful possession of the property.
Elements of false pretenses?
- Obtaining title to the property;
- Of another person;
- Through the reliance of that person;
- On a known false representation of a material past or present fact; and
- The representation is made with the intent to defraud.
Elements of robbery?
- Larceny;
- From the person or presence of the victim;
- By force or intimidation.
Elements of extortion
- The taking of money or property from another by threat.
- Making the threat (not obtaining the property) is the essence of the crime (majority view)
- The threat need not be of immediate harm or of a physical nature
- The property need not be on the victim or in his presence
Elements of burglary?
- Breaking and;
- Entering;
- Of the dwelling;
- Of another;
- At nighttime;
- With the specific intent to commit a felony therein.
Elements of arson
- Malicious;
- Burning;
- Of the dwelling;
- Of another.
Kidnapping
- Unlawful;
- Confinement of a person;
- Against that person’s will;
- Coupled with either:
- The movement; or
- The hiding of that person.
Elements of attempt?
- A substantial step toward commission of crime (beyond mere preparation); coupled with
- The specific intent to commit the crime.
Defenses to attempt?
- Factual impossibility—not a defense
- Legal impossibility = defense
- Abandonment—not a defense after completion of actus reus (substantial step or dangerous proximity)
Elements of solicitation?
- Enticing, encouraging, requesting, or commanding another person;
- To commit a crime;
- With the intent that the other person commits the crime.
Elements of conspiracy?
- An agreement;
- Between two or more persons (bilateral conspiracy);
- To accomplish an unlawful purpose;
- With the intent to accomplish that purpose.
Majority/federal law/MPC
requires a lawful or unlawful overt act in furtherance of the conspiracy
Is withdrawal a defense to conspiracy?
- Liability for conspiracy:
- Federal/majority rule—withdrawal is possible after the agreement and before the commission of an overt act, but D must give notice to co-conspirators or give timely notice to police
- MPC/minority rule—subsequent withdrawal is possible only if D acts voluntarily to “thwart the success” of the conspiracy
- Liability for substantive crimes—for this purpose, D may withdraw by giving notice to his co-conspirators or timely advising legal authorities of the existence of the conspiracy even though such an action does not thwart the conspiracy
