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Bar > Critical Pass - Crim Law > Flashcards

Critical Pass - Crim Law Flashcards

1
Q

Defenses to specific intent crimes ONLY (IMPORTANT!)

A

Voluntary intoxication
Unreasonable mistake of fact

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2
Q

The importance of specific intent crimes is that…

A

they will qualify for additional defenses not available for other types of crimes

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3
Q

Specific Intent Crimes

A

Students can always fake a laugh, even for ridiculous bar facts.

Solicitation: Intent to have the person solicited commit the crime
Conspiracy: Intent to have the crime completed
Attempt: Intent to complete the crime
First degree premeditated murder: Premeditated intent to kill
Assault: Intent to commit a battery
Larceny: Intent to permanently deprive the other of their interest
in the property taken
Embezzlement: Intent to defraud
False pretenses: Intent to defraud
Robbery: Intent to permanently deprive the other of their interest in the property taken
Burglary: Intent to commit a felony in the dwelling
Forgery: Intent to defraud

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4
Q

Specific intent needed for Solicitation

A

intent to have the person solicited commit the crime

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5
Q

What is solicitation?

A

Inciting, urging, or otherwise asking another to commit a crime with the intent that they commit the crime

No affirmative response from the solicited party is required

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6
Q

Solication is complete when…

A

D asks solicitee to commit the felony

If solicitee agrees, it gives rise to conspiracy and the solicitation merges with the conspiracy (i.e., the only crime remaining is conspiracy)

Does not matter if the solicited party is convicted or if the solicited crime was impossible to commit

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7
Q

specific intent: conspiracy

A

Intent to have the crime completed

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8
Q

specific intent for attempt

A

Intent to complete the crime

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9
Q

specific intent for first degree premeditated murder

A

Premeditated intent to kill

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10
Q

specific intent: assault

A

Intent to commit a battery

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11
Q

specific intent: embezzlement

A

Intent to defraud

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12
Q

specific intent: larceny

A

Intent to permanently deprive the other of their interest
in the property taken

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13
Q

specific intent: false pretenses

A

intent to defraud

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14
Q

specific intent: robbery

A

intent to permanently deprive the other of their interest in the property taken

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15
Q

specific intent: burglary

A

intent to commit a felony in the dwelling

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16
Q

specific intent: forgery

A

intent to defraud

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17
Q

what is malice

A

reckless disregard of obvious or high risk that particular harmful result will occur

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18
Q

What are two crimes that require malice?

A
  1. murder
  2. arson
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19
Q

general intent crimes do not get …

A

two additional defenses: Voluntary intoxication
Unreasonable mistake of fact

ONLY Specific intent

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20
Q

what is strict liability

A
  1. no mens rea req; no intent needed
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21
Q

If the crime is 1. in the administrative, regulatory, or morality area and 2. there are no adverbs in the statute such as “knowingly,” “willfully,” or “intentionally,” then the statute is
meant to be

A

a no intent crime of strict liability.

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22
Q

If you see a statute, ask: (2)

A
  1. is the statute in the administrative, regulatory, or morality area; and
  2. are there any adverbs saying “Willfully, “knowingly, or “intentionally”
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23
Q

“Whoever shall commit an act affecting the morals of a minor under 16 years of age shall be deemed guilty of contributing to the delinquency of a minor and shall be punished by imprisonment in a state
penitentiary for a period not to exceed five years,”

A

This is a strict liability statute. Two steps are satisfied

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24
Q

General Intent Crimes (4)

A
  1. Battery
  2. Rape
  3. Kidnapping
  4. False Imprisonment
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25
Q

Malice Crimes

A
  1. Common Law Murder
  2. Arson
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26
Q

Strict Liability Crimes

A
  1. Statutory Rape
  2. Selling Liquor to Minors
  3. Bigamy (some
    jurisdictions)
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27
Q

what can the jury infer just from the defendant merely doing an act

A

general intent

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28
Q

MPC Fault standards vs. Common Law

A

Common law:
1) specific intent
2) general intent
3) malice
4) strict liability
MPC
1) purposely
2) knowingly
3) recklessly
4) negligently

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29
Q

MPC knowingly definition

A

awareness that conduct is of particular nature or will cause a particular result

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30
Q

no merger with the crime of…

A

conspiracy (can be convicted of conspiracy to commit robbery AND robbery itself)

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31
Q

Elements of Soliciation:

A

asking another person to commit a crime, with intent that the person commit it

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32
Q

For solicitation, What if the person the defendant asks to commit the crime agrees to do it? merger

A

If the person solicited commits the crime solicited, both that person and the solicitor can be held liable for that crime.

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33
Q

3 Elements of conspiracy under common law

A
  1. agreement between 2+ persons
  2. an intent to enter into the agreement; and
  3. an intent by at least two persons to achieve the objective of the agreement
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34
Q

a majority of states, NOT common law, may require what else to be proven for conspiracy

A

overt act in furtherance of the conspiracy, mere prep will suffice!! important

Common law requires NO ACT!

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35
Q

Remember that conspiracy is complete upon..

A

agreement with requisite intent and an overt act (mere preparation is enough for conspiracy)

Once the conspiracy is complete, they are guilty for conspiracy. CANT BACK OUT or withdrawal when its too late

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36
Q

for the agreement req for conspiracy, what are the 2 different approaches:

A
  1. modern MPC unilateral approach - one party have genuine criminal intent
  2. traditional common law bilateral approach - two guilty minds
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37
Q

A conspirator can be convicted of a crime committed by another conspirator if

A

the crimes were 1. committed in furtherance of the objective of the conspiracy; and 2. were foreseeable

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38
Q

In a common law traditional bilateral approach to intent for conspiracy…

A

two parties must have the specific intent to pursue an unlawful objective

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39
Q

each member of a conspiracy is liable for the crimes of all other conspirators if:

A

(i) such crimes were committed in furtherance of the objectives of the conspiracy; and (ii) such crimes were a natural and probable consequence of the conspiracy.

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40
Q

A conspirator may limit his liability for subsequent acts of the other members of the conspiracy if he

A

difficult to do: withdraws from the conspiracy by performing an affirmative act that notifies all members of the conspiracy in time for them to have the opportunity to abandon their plans.

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41
Q

Withdrawal difference under common law and MPC

A

Under common law, one cannot withdraw from the conspiracy itself

MPC allows withdrawal if the withdrawing party thwarts the conspiracy (e.g., by stopping it or notifying police)

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42
Q
A
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43
Q

What is attempt/ elements

A

An act, done with the specific intent to commit a crime, that constitutes an overt or substantial step towards committing the crime but falls short of completing the crime

I.e., an incomplete act that would be a crime if completed

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44
Q

What does overt act mean for the attempt definition

A

D must commit an act beyond mere preparation, substantial step needed

Under CL, attempt requires an act that is dangerously close to success

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45
Q

2 possible defenses to attempt

A

1) abandonment of attempt under MPC (no defense at CL tho)
2) legal impossibility (factual impossibility is not a defense)

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46
Q

Abandonment is not a defense at common law for attempt. But under the MPC what is required for it to be a valid defense?

A

a fully voluntary and complete abandonment

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47
Q

What is the legal impossibility defense to attempt?

A

If the defendant would have committed no crime if they completed all acts they intended, they cannot be guilty of attempt if they failed to complete all intended acts.

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48
Q

When does conspiracy end?

A

Upon completion of the target

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49
Q

What is NOT a defense to conspiracy

A

Impossibility

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50
Q

statutory rape is a ….

A

strict liability crime

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51
Q

To be convicted of homicide, the defendant must have actually and proximately caused the death of the victim. Will an intervening act break the chain of causation?

A

Not typically as long as it is foreseeable. If its unforeseeable, it will most likely break the chain.

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52
Q

if you fall asleep behind the wheel and kill someone, can you be convicted of murder under the common law?

A

no, even though its reckless it does not present a reckless indifference to human life.

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53
Q

if you cant be convicted of a felony, you cant be convicted of

A

felony murder

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54
Q

Under common law, for burglary, if you enter through a wide open door or window, do you satisfy the breaking element?

A

NO, not under common law. but if you open an interior door in the house, then it is breaking.

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55
Q

elements of larceny

A

1) trespassery
2) taking and carrying away (asportation)
3) of another’s personal property (tangible)
4) with intent to permanently deprive

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56
Q

False pretenses elements

A

1) obtaining title
2) to personal property of another
3) by an intentional false statement of a past or existing fact
4) with intent to defraud the other

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57
Q

larceny by trick requires…. not….

A

D obtains possession not title

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58
Q

Embezzlement elements

A

1) fraudulent
2) conversion
3) of personal property
4) of another
5) by a person in lawful possession of that property

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59
Q

Intent to restore for embezzlement rules

A

If the defendant intends to restore the exact property taken, it is not embezzlement

But, if the defendant intends to restore similar or substantially identical property, it is embezzlement.

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60
Q

larceny is a general or specific intent crime

A

specific

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61
Q

for larceny, what intent must exist when

A

the intent to permanently deprive the person of their property must exist at the time of the taking

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62
Q

elements of larceny by trick

A

victim is tricked by misrepresentation of fact
into giving up mere custody or possession of property

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63
Q

when can you commit larceny of your own property?

A

if another person, such as a bailee, has superior right to possession of the property

(mechanic will have superior possession until they are paid for your car work)

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64
Q

for the mistake or ignorance of fact defense, what is the process?

A

if specific intent crime –> mistake can be reasonable or unreasonable

if not a specific intent crime –> mistake must be reasonable

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65
Q

if you see an undercover officer, which defense should you make sure to raise

A

entrapment (most likely will not succeed on predisposed element)

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66
Q

Elements of entrapment defense

A

1) criminal design originated with law enforcement officers; and
2) D was not predisposed to commit the crime prior to contact by the govt.

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67
Q

for a potential essay for crim law, what order should you take it in?

A

1) crimes (think of all potential crimes, and elements, see what applies)
2) defenses

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68
Q

“Trapped” or “confined” think of

A

false imprisonment

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69
Q

If someone is touched.. think of

what if they are fearful?

A

battery

fear - assault

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70
Q

someone breaking into a house…

A

burglary (remember it does not have to be stealing, just intent to commit a felon)

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71
Q

For robbery, force or intimidation may be used to ____ or ____?

A

gain possession of property or to retain possession immediately after possession has been accomplished.

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72
Q

To be liable as an accomplice, one must:

A

1) aid, counsel, or encourage principal before or during the crime
2) with intent to assist the principal AND the intent that principal commits the crime

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73
Q

When the substantive offense has recklessness or negligence as its mens rea, most jdx’s hold that the intent element is satisfied if….

A

the accomplice 1) intended to facilitate the commission of the crime; and
2) acted with recklessness or negligence

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74
Q

What is the concurrence requirement required for every crime?

A

D’s criminal act and the requisite intent (i.e., mens rea) for the crime must occur simultaneously

D plans on murdering victim at her home — D is not guilty of murder if he accidentally runs over victim with his car before reaching her house

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75
Q

How to satisfy the causation req for every crime?

A

D’s conduct must be both the cause-in-fact and the proximate cause of the crime committed

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76
Q

What is the cause in fact req for causation

A

but for D’s conduct, the result would not have occurred

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77
Q

Rule for cause in fact for homicide and manslaughter cases

A

any act by D that hastens victim’s death is a cause-in-fact, even if death is already inevitable

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78
Q

what is the proximate cause requirement for causation

A

the actual result is the natural and probable consequence of D’s conduct, even if it did not occur exactly as expected

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79
Q

What can break the chain of causation?

A

superseding factors and intervening acts

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80
Q

Intervening acts can only shield D from liability when

A

they are entirely unforeseeable

e.g., victim’s refusal of medical treatment, third-party medical negligence — both are foreseeable and D is liable)

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81
Q

What is the transferred intent doctrine?

A

D may be held liable if he intends the harm caused, but causes it to a different victim or object than intended

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82
Q

Transferred intent applies to..

A

homicide
battery
arson

83
Q

What crime does the transferred intent doctrine not apply to?

A

Attempt

Often will apply to homicide, battery, arson

84
Q

under transferred intent, D is usually charged with two crimes:

A

Attempt (to commit the originally intended crime); and The actual resulting crime
E.g., D intends to shoot A, but kills B; D can be charged with the attempted murder of A and the actual murder of B
Note — merger does not apply b/c there are different victims

85
Q

what is merger

A

Under the merger doctrine, two or more offenses merge, prohibiting D from being prosecuted separately for each crime

86
Q

merger concerns what two situations?

A

Merger concerns the relationship between either a) an inchoate offense and its completed substantive offense,

or b) an offense and its lesser included offense

87
Q

Defendants cannot be convicted of a target crime and a lesser included offense. What is a lesser included offense?

A

consists of the same but not all elements as the greater crime

E.g., D robs V, but during the robbery D’s accomplice kills V; D can be convicted of felony murder but not the lesser included robbery offense

88
Q

What is the primary way an accomplice can avoid liability?

A

withdrawing from a crime before the principle commits it. The accomplice must:

  1. Repudiate prior aid or encouragement;
  2. Do all that is possible to counteract the prior aid; and
  3. Do so before the chain of events is in motion and unstoppable
89
Q

MPC Standard: Purposely

A

A person acts purposely when his conscious objective is to engage in certain conduct or cause a certain result

90
Q

MPC Standard: Knowingly

A

A person acts knowingly when he is aware that his conduct is of a particular nature or knows that his conduct will necessarily or very likely cause a particular result

91
Q

MPC Standard: Recklessly

A

A person acts recklessly when he knows of a substantial and unjustifiable risk and consciously disregards it

92
Q

MPC Standard: Negligence

A

A person acts negligently when he fails to become aware of a substantial and unjustifiable risk

93
Q

If the MBE Q does not tell you which law is applicable, apply…

A

Common law

94
Q

Merger of Inchoate offenses only apply to

A

solicitation and attempt

95
Q

What are the 3 potential inchoate offenses?

A

Solicitation, Conspiracy, and Attempt (incomplete offenses)

96
Q

what is an accessory after the fact?

A

helping a known felon escape arrest, trial, or conviction (different than accomplice liability)

97
Q

What is the concurrence requirement for crimes like murder?

A

D’s criminal act and the requisite intent (i.e., mens rea) for the crime must occur simultaneously

98
Q

For the insanity defense, what is special about it?

A

There are four different tests. they will tell you the jurisdiction to determine whether D was so mentally ill when he committed a crime that he should be entitled to acquittal

99
Q

4 legal tests to insanity

A
  1. M’Naghten — D doesn’t know right from wrong
  2. Irresistible Impulse — D acted due to an irresistible impulse
  3. MPC — combination of M’Naghten & Irresistible Impulse
  4. Durham — but for his mental illness, D would not have acted
100
Q

What is the key question under the M’Naghten test for insanity?

A

Due to a mental disease or defect, at the time of the offense D lacked the ability to know the wrongfulness of his conduct or understand the nature and quality of his act

101
Q

Key question for Irresistible impulse test for insanity

A

Due to a mental illness, D was unable to control his actions or conform his conduct to the law

102
Q

MPC test for insanity

A

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

103
Q

Durham test for insanity

A

D’s conduct was the product of a mental illness (but for his illness, D would not have acted)

104
Q

What are the relevant age groups for the infancy defense?

A

Under 7 years old — no criminal liability

7-14 years old — rebuttable presumption against criminal liability

105
Q

SOME states will allow what defense? Usually it is limited to specific intent crimes

A

Diminished capacity

106
Q

What is the diminished capacity defense

A

Available if D can show that he has some mental defect short of insanity that prevented him from forming the mental state required for the crime

107
Q

Due process will forbid D from being tried, convicted, or sentenced if.. as a result of his mental disease or defect he is unable to:

A

Understand the nature of the proceeding, or
Assist his lawyer in the preparation of his defense

108
Q

What does capital punishment say about mental capacity?

A

D cannot be executed if he is incapable of understanding the nature and purpose of the punishment at the time of execution

109
Q

What crimes is voluntary intoxication a defense to?

What about INVOLUNTARY intoxication?

A

voluntary: only Specific intent crimes

Involuntary: defense to all crimes

110
Q

Alcoholics and addicts (ARE / ARE NOT) considered voluntary intoxicated

A

They are. Alcoholics and addicts are voluntarily intoxicated

111
Q

The voluntary intoxication defense is not available if

A

D becomes intoxicated in order to commit a crime (“liquid courage”)

112
Q

3 requirements for involuntary intoxication

A

an intoxicant is taken involuntarily if taken:
1. Without knowledge of its nature,
2. Under direct duress imposed by another person, or
3. Pursuant to medical advice without notice of its intoxicating effect

113
Q

what kind of defense is self-defense?

A

justification defense

114
Q

What are the two types of force you need to distinguish between for self defense

A

deadly and nondeadly force

115
Q

Non-Deadly Force may be used if D:

A
  1. No fault — D is not at fault (i.e., not the initial aggressor); and
  2. Reasonable belief of unlawful force — D reasonably believes it necessary to protect himself from imminent unlawful force
116
Q

how is allowable force determined under non deadly force?

A

the amount of force permitted depends on the nature of the provoking offense; generally, it must be proportionate

117
Q

Is there a duty to retreat before using non deadly force?

A

NO

118
Q

Is there a duty to retreat before using deadly force?

A

No duty to retreat under majority rule. Minority may require retreat unless:

Attack occurs in the victim’s home,
the attack occurs while the victim is making a lawful arrest; or
the assent is in the process of robbing the victim

119
Q

Deadly force may be used if D:

A
  1. No fault — D is not at fault (i.e., not the initial aggressor);
  2. Confronted with unlawful force —attacker must use unlawful force; and
  3. Reasonable belief of death or great bodily harm — D reasonably believes he is confronted with unlawful force that threatens imminent death or great bodily harm
120
Q

When is self-defense by an initial aggressor available?

A

Available if either:

  1. Initial aggressor effectively withdraws before the need for self-defense arises and communicates his desire to do so, or
  2. Victim of the initial aggression suddenly escalates a minor dispute into a deadly altercation
121
Q

A defendant has the right to defend others if they…

A

D can defend another if D reasonably believes the person he is protecting could have legally defended himself

122
Q

Use of X or X may be permissible to effectuate arrests or prevent crimes

A

non deadly or deadly force

123
Q

For police officers, when is non deadly force permissible?

A

permissible to reasonably effectuate arrest

124
Q

For police officers, when is deadly force permissible?

A
  1. Prevent the escape of a fleeing felon; and
  2. Fleeing felon poses a threat of death or serious bodily harm
125
Q

When can a citizen have the right to use non deadly force to effectuate an arrest?

A

permissible if:
1. Crime was actually committed; and
2. Reasonable belief the person to be arrested committed it

126
Q

when can a citizen use deadly force to effectuate arrest

A

permissible only if the person to be arrested was actually guilty of the offense for which the arrest was made and the DF was used to:

  1. Prevent the escape of the fleeing felon; and
  2. Fleeing felon poses a threat of death or serious bodily harm
127
Q

When is non deadly force allowed for crime prevention?

A

permissible to prevent a serious breach of the peace

128
Q

What is the common law rule, and modern rule, for when deadly force may be used for crime prevention?

A
  1. Common law — permissible to prevent commission of felony
  2. Modern — permissible to:
    Terminate or prevent a dangerous felony; AND
    Felony threatens a serious risk to human life
129
Q

when is non deadly force allowed for the defense of a dwelling?

A

allowed to prevent or terminate an unlawful entry or attack on one’s dwelling

130
Q

when is deadly force permitted for defense of a dwelling?

A

may be used if one reasonably believes:
1. Force is necessary to prevent attack on oneself or others by a person who made or attempted violent entry, or
2. Force is necessary to prevent entry by a person who intends to commit a felony in the dwelling

131
Q

for defense of property (not a dwelling) what type of force is NOT allowed EVER

A

deadly force

132
Q

for defense of property (not a dwelling), when is non deadly force allowed

A

Non-deadly force may be used if reasonably necessary to defend against unlawful interference with possessions or trespass on property

The need to use force must reasonably appear imminent (force not allowed if request to desist is sufficient)

133
Q

force is generally not allowed to regain property wrongfully taken unless…

A

one is in immediate pursuit of the taker

D steals A’s purse; A can only use reasonable force to recover purse if she is immediately pursuing D

134
Q

Necessity is a valid defense if

A

if D believed his conduct was reasonably necessary to avoid an imminent and greater injury to society

135
Q

what standard is used for the necessity defense?

A

Objective standard — D’s commission of the crime must be reasonably necessary; good faith alone is insufficient

136
Q

Exceptions to necessity defense being available

A

necessity is not available if either:
1. Crime committed results in the death of another, or
2. D caused the events giving rise to the necessity

137
Q

When is duress a valid defense?

A

a valid defense to a crime D committed under reasonable belief that the crime was necessary to prevent death or serious bodily harm to D or a member of D’s family

E.g., someone points a gun at D and threatens to kill him if he does not rob a bank

138
Q

Exception to the duress defense

A

Exception — duress is not a defense to any intentional homicide crimes

139
Q

When is consent generally an available defense? When is it not?

A

consent of victim is generally not a defense, but may be available if it negates an element of the offense

Never available for certain offenses (e.g., statutory rape)

140
Q

Requirements for consent (if available)

A

Requirements — must be established that:
1. Consent was voluntarily and freely given;
2. Party was legally capable of consenting; and
3. No fraud was involved in obtaining consent

141
Q

what is the entrapment defense

A

An available defense to criminal liability if a law enforcement agent has induced D to commit a crime

142
Q

Required Elements of Entrapment

A
  1. Criminal design originated with law enforcement - Criminal design = idea or plan for the crime
  2. D was not otherwise predisposed to commit the crime
143
Q

Is undercover officer buying drugs from dealer entrapment?

A

No, officer merely provided opportunity to D to make a sale.

Law enforcement providing an opportunity for a person to commit a crime is not, by itself, entrapment. D needs to have no predisposition to commit the crime prior to his contact with the officer!!!!

144
Q

When can the mistake of law defense arise?

A
  1. reasonable reliance on an invalid statute
  2. mistake or ignorance negates an element of a crime requiring knowledge of the law
145
Q

Lacking awareness or knowledge that an act constitutes a crime - mistake of law defense?

A

No!! even if reasonable. no defense

146
Q

When is the mistake of fact defense available

A

available as a defense only if it negates a requisite intent element (i.e., mens rea) for the crime

147
Q

for strict liability crimes, is mistake of fact a valid defense?

A

No mistake of fact is never a defense - no intent.

148
Q

Two theories of assault at common law:

A
  1. assault as a threat (general intent crime)
  2. assault as an attempted battery (specific intent crime)
149
Q

What is assault as a threat? (general intent crime)

A

Intentional creation of victim’s reasonable apprehension of imminent bodily harm

150
Q

What is usually insufficient for assault as a threat?

A

words alone

151
Q

what type of crime is assault as an attempted battery? WHY?

A

Specific intent crime bc it involves attempt

152
Q

what is battery?

A

an unlawful application of force to the person of another resulting in bodily injury or offensive touching (a completed assault)

153
Q

under modern statutes, assault and battery both have “aggravated” counterparts, which arise when

A

the assault or battery is carried out with the use of a weapon

154
Q

Rape at common law?

A

unlawful carnal knowledge of a woman by a man other than her husband, without effective consent

155
Q

Rape under modern statutes

  1. What is it referred to?
  2. What is sufficient for the crime?
  3. What is not relevant?
A
  1. Often referred to as “sexual assault”
  2. The slightest penetration is sufficient to complete the crime
  3. Marital status insignificant - Most states have abolished element of marital status
156
Q

Consent for rape purposes will NOT be found if:

A
  1. Penetration is accomplished by force or threat of immediate bodily harm,
  2. Victim is incapable of consenting due to lack of capacity (e.g., unconsciousness, intoxication, etc.), or
  3. Victim is fraudulently caused to believe the act is not intercourse
157
Q

If you convince someone you plan on marrying them in order to have sex, is this rape?

A

No not rape - fraud or trickery alone does not constitute rape

158
Q

What is false imprisonment?

Consent for false imprisonment cannot be obtained through what?

A

The unlawful confinement of a person without their consent

Consent cannot be obtained through coercion, threat, or deception

159
Q

What is kidnapping?

A

The unlawful confinement of a person that involves either:

  1. Some movement of the victim (a.k.a. “asportation”), or
  2. Concealment of the victim in an unknown, hidden, or secret location
160
Q

False imprisonment can become kidnapping if

A

victim is moved and/or concealed

161
Q

What is murder?

What satisfies malice aforethought?

A

The unlawful killing of another human with malice aforethought

Malice aforethought — arises when no mitigating facts reduce the killing to a lesser crime and D commits the killing with one of the following mental states:

  1. Intent to kill
  2. Intent to inflict great bodily injury
  3. Depraved/malignant heart — a killing committed with reckless indifference to an unjustifiable risk of human life
  4. Felony murder — killing caused during the attempt or commission of an inherently dangerous or statutorily enumerated felony
162
Q

What is the intent required for felony murder satisfying malice aforethought?

A

Intent necessary to commit the underlying felony

163
Q

For murder, what are the 3 points to always think of for causation:

A
  1. D’s act must be the actual AND proximate cause of victims death
  2. Any act by D that hastens the victim’s death, even if already inevitable, is considered cause
164
Q
A
165
Q

First degree murder is a killing that is either:

A
  1. deliberated and premeditated

OR

  1. Felony murder
166
Q

For deliberated and premeditated first degree murder, D must have killed in a

A
  1. dispassionate manner AND
  2. must have have considered or reflected on his killing, even if only momentarily
167
Q

For first degree murder that is felony murder, what is it?

A

Killing during an enumerated felony

168
Q

If first degree murder is not mentioned as a possibility, assume the question involves

A

second degree murder (default)

169
Q

what is felony murder

A

A killing that occurs during the attempt or commission of certain enumerated felonies

170
Q

What are common “inherently dangerous felonies”

A
  1. burglary
  2. robbery
  3. rape
  4. kidnapping
  5. arson
171
Q

For felony murder:

  1. what must occur for felony murder to apply?
  2. the felony must be ___ of the killing
  3. Victim’s death must be a ___ _____
  4. Victim’s death must be caused before…
  5. D is not liable for the death of ….
A
  1. D must first be guilty of the underlying felony
  2. the felony must be independent of the killing
  3. Victim’s death must be a foreseeable result
  4. Victim’s death must be caused before D reaches a temporary place of safety
  5. D is not liable for the death of a co-felon killed by police or the original victim in majority of states
172
Q

Voluntary manslaughter is a killing resulting from

A

an adequate provocation (heat of passion) or imperfect self-defense

173
Q

Requirements for adequate provocation

A
  1. Provocation caused sudden and intense passion in an ordinary person
  2. D was in fact provoked (lost control)
  3. There was never enough time to cool (for the ordinary person)
  4. D did not cool off between provocation and killing

PASSON WAS NEVER COOL

174
Q

If D murders while acting in self-defense, his criminal liability can be reduced to voluntary manslaughter if either:

A
  1. D initiated the altercation that required self-defense, or
    D unreasonably believed deadly force was necessary

Note — imperfect self defense not recognized in all jurisdictions

175
Q

A killing is involuntary manslaughter if with:

A
  1. gross negligence
  2. recklessness under MPC only; OR
  3. during the commission of an unlawful act
176
Q

For involuntary manslaughter, a killing caused during the commission of an unlawful act may arise if it occurred during:

A
  1. a misdemeanor (more test)
  2. a felony (if not felony murder)
177
Q

A killing during the commission of a misdemeanor will convict the D of involuntary manslaughter if:

A
  1. act was inherently wrongful; OR
  2. death was a foreseeable or natural consequence of the misdemeanor
178
Q

Larceny elements (NEW)

A
  1. trespassery (no consent)
  2. taking and carrying away
  3. of another’s personal property
  4. with intent to permanently deprive
179
Q

Larceny:

  1. taking element: what if D is already in possession at the time of the taking?
  2. carrying away: what type of movement will suffice?
  3. trespassery basically just means…
  4. intent to permanently deprive must exist WHEN
A
  1. If D already has possession at the time of the taking, it is not larceny (but may give rise to embezzlement)
  2. the slightest movement will suffice
  3. no consent = trespassery
  4. Intent to permanently dispossess — must exist during taking
180
Q

is this larceny?

D takes property as security for a debt owed or believing it belongs to D

A

No - no intent to permanently deprive

181
Q

When one borrows property with intent to return it, but keeps it later, larceny arises when

A

the moment D decides not to return the property

182
Q

Can larceny arise for abandoned property?

A

No - not the personal property of another. The true owner is not ascertainable.

183
Q

Embezzlement requirements:

A

fraudulent conversation by one in lawful possession

184
Q

What are the two situations where embezzlement cannot occur for sure?

A
  1. if D takes property with intent to restore the exact property (must be the exact same property for embezz. not even different dollar bills)
  2. if the misappropriation is made because D believes the property belongs to him.
185
Q

False pretenses vs. larceny by trick

A

False pretenses: Obtaining title to another’s property using false statements of past or existing fact, with intent to defraud

Larceny by trick: obtaining possession of another’s personal property using false statements of past or existing fact

Larceny by trick — D acquires possession
False pretenses — D acquires title

186
Q

Elements of receipt of stolen property

A
  1. receiving possession and control
  2. Of stolen personal property
  3. Known to have been illegally obtained by another
  4. With intent to permanently deprive the owner of his interest
187
Q

When can a D be convicted of attempted receipt of stolen property?

A

If she intent to receive property believes it to be stolen

188
Q

If police and true property owner know of or arranged D’s receipt of stolen property, can D be convicted of receipt of stolen goods?

A

No , it is not truly stolen

189
Q

What is forgery

A
  1. Creating or altering
  2. A document with purported legal significant
  3. To be false
  4. With intent to defraud
190
Q

What can be examples of forged “documents with purported legal significance?

A

Check or K is fine. Painting is not.

191
Q

For the creating or altering element of forgery, can offering a forged doc as genuine that D did not create suffice?

A

YES this element includes offering a forged doc as genuine even if D did not create the forgery

192
Q

Robbery elements

A
  1. larceny
  2. from victim’s person or presence
  3. through force or intimidation
193
Q

Are threats of future harm enough for force or intimidation for robbery

A

NO threats of future harm are insufficient

194
Q

What is extortion?

A

obtaining property through threats of future harm or exposing information

NEED THREATS OF FUTURE HARM

195
Q

Burglary elements:

A
  1. Breaking and entering
  2. of the dwelling
  3. of another
  4. at nighttime
  5. with intent to commit a felony therein
196
Q

nighttime is required under ___, but not ___

A

nighttime is the common law req. not required under modern statutes

197
Q

what is not enough for breaking for burglary?

A
  1. consent
  2. entering through wide open door / window
198
Q

when is a dwelling required for burglary? when is it not?

A

modern states expand to included non-dwellings too.

common law requires dwelling

199
Q

under modern statutes, what elements are not required for burglary?

A
  1. breaking
  2. dwelling
  3. nighttime
200
Q

what is arson?

A

the malicious burning of the dwelling house of another

201
Q

for arson:

  1. what is malicious?
  2. the burning must be…. what is not sufficient?
  3. At common law, can there be arson if you own the dwelling but dont resident there?
  4. On the MBE, what else is included under dwelling?
A
  1. malicious is intent or extreme recklessness
  2. the burning must be charring or something more. damage from smoke, water, explosions is not sufficient
  3. Under common law, there can be no arson if you own the dwelling but do not reside there
  4. On MBE dwelling can be a non-residential structure
202
Q

generally, double jeopardy does not prohibit multiple punishments under separate statutes for the defendant

A

absent a clear intention by congress. (even if similar offenses)

203
Q
A

Bar (13 decks)

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