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Bar Prep > Essay 08. Criminal Law > Flashcards

Essay 08. Criminal Law Flashcards

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1
Q

Issue Checklist

Criminal Law

MEE

A
  1. Party Liability
  2. Responsibility
  3. Homicide
  4. Other Crimes Against the Person
  5. Crimes Against Property
  6. Inchoate Crimes
  7. Defenses
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2
Q

Principal

Criminal Law

MEE

A

The person who actually commit the actus reus of the crime

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3
Q

Accomplice

Criminal Law

MEE

A
  • A person who aids of abets the principal prior to or during the crime
  • Must intend to helpd the principal commit the crime AND intent that the principal commit the crime that is charged
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4
Q

Accomplice liability for other crimes

Criminal Law

MEE

A

The accomplice is liable for any crimes that are the natural and probable consequence of the accomplice’s conduct

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5
Q

Accomplice withdrawal

Criminal Law

MEE

A

To legall withdraw (and avoid liability for the substantive crime), the accomplice must:
1. Repudiate prior aid;
2. Do all that is possible to countermand prior assistance; AND
3. Do so before the chain of events is in motion and unstoppable

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6
Q

Accessort After the Fact

Criminal Law

MEE

A

A person who aids a felon to avoid apprehension after the felony is committed.

To be guilty, the person must know the felony was committed.

NOTE: AATF is often paird with receipt of stolen property

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7
Q

Insanity Tests

Criminal Law

MEE

A
  1. M’Naghten Rule
  2. Irresistible Impule Test
  3. Durham Rule
  4. MPC
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8
Q

M’Naghten Rule

Criminal Law

MEE

A

The defendant is not guilty if, because of a mental disease or defect, the defendant did not know either:
1. The nature and quality of the act; OR
2. The wrongfulness of the act

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9
Q

Irresistible Impulse Test

Criminal Law

MEE

A

The defendant is not guilty if a mental disease or defect prevented him from being able to
conform his conduct to the law.

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10
Q

Durham Rule

Criminal Law

MEE

A

The defendant is not guilty if the crime would not have been committed but for the mental
disease or defect.

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11
Q

MPC Test

Criminal Law

MEE

A

The defendant is not guilty if a mental disease or defect either prevents the defendant from
knowing the wrongfulness of the conduct or prevents the defendant from being able to
conform his conduct to the law.

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12
Q

Incompetence to Stand Trial

Criminal Law

MEE

A
  • A defendant’s incompetency is a bar to trial
  • Competence is determined at the time of trial - not when the offense was committed
  • The burden of proof is typically on the defendant
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13
Q

Test to Determine Competency

Criminal Law

MEE

A
  1. Whether the defendant comprehends the nature of the proceedings against him; AND
  2. Whether the defendant has the ability to consult with a lawyer with a reasonable degree of rational understanding
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14
Q

2 Types of Intoxication

Criminal Law

MEE

A
  1. Voluntary intoxication
  2. Involuntary intoxication
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15
Q

Voluntary Intoxication

Criminal Law

MEE

A
  • Involves the voluntary ingestion of an intoxicating substance
  • It is a defense to specific intent crimes if the intoxication prevents the formation of the required intent
  • Voluntary intoxication is NOT a defense to crimes involving malice, recklessness, or negligence, or for strict-liability crimes
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16
Q

Involuntary Intoxication

Criminal Law

MEE

A
  • Unknowingly or forced to ingest an intoxicating substance
  • It is a defense to both general and specific intent crimes, as well as malice crimes when the intoxication serves to negate an element of the crime
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17
Q

Homicide

Criminal Law

MEE

A
  1. Killing a person
  2. Causation
  3. Transferred Intent
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18
Q

Killing a Person

Criminal Law

MEE

A

A living person must die

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19
Q

Causation

Criminal Law

MEE

A
  1. Actual Cause
  2. Proximate Cause

NOTE: Only need to discuss in depth if there is some dispute or ambiguity

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20
Q

Homicide

Actual Cause

Criminal Law

MEE

A
  • The victim would not have died but for the defendant’s act
  • When there are multiple causes, the defendant’s act must be a substantial factor in causing the death
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21
Q

Homicide

Proximate Cause

Criminal Law

MEE

A

It is foreseeable that the defendant’s actions would case the victim’s death

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22
Q

Homicide > Proximate Cause

Intervening Cause

Criminal Law

MEE

A

Actions by a third party that occur between the defendant’s conduct and the victim’s death

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23
Q

Homicide > Proximate Cause

Superseding Cause

Criminal Law

MEE

A
  • Unforeseeable actions by a third party will relieve the defendant of liability
  • Negligence is generally foreseeable (i.e., a doctor negligently treating the victim)
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24
Q

Homicide

Transferred Intent

Criminal Law

MEE

A
  • When a defendant acts with intent to cause harm to one person and then causes harm to another person, then the defendant is liable for the harm caused to the other person
  • Typically applies to homicide, battery, and arson
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25
Q

Types of Murder

Criminal Law

MEE

A
  1. Common-Law Murder
  2. Felony Murder
  3. First-Degree Murder
  4. Second-Degree Murder
  5. Voluntary Manslaughter
  6. Involuntary Manslaughter
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26
Q

Common-Law Murder

Criminal Law

MEE

A

At common law, murder is the unlawful killing of a human being committed with malice aforethought

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27
Q

Malice Aforethought

Criminal Law

MEE

A
  1. Intent to kill
  2. Intent to inflice serious bodily injury
  3. Reckless indifference to an unjustifiably high risk to human life (depraved-heart murder)
  4. Felony murder
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28
Q

Felony Murder

Criminal Law

MEE

A

A defendant can be found guilty for an unintended but foreseeable killing that is proximately caused by or during the commission or attempted commission of an inherently dangerous felony

“BARRK”

STEPS:
1. State the underlying felony
2. Analyze the elements to the felony
3. Analyze felony murder

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29
Q

Felony Murder - Defenses

Criminal Law

MEE

A
  • If the death was unforeseeable, then the FMR will not apply
  • Point of Safety: If the felony is complete and the defenant has reached a place of safety, the FMR will not apply to deaths that occur after reaching the place of safety
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30
Q

Felony Murder - Death of a bystander (majority rule)

Criminal Law

MEE

A

A defendant will not be liable for the death of a bystander caused by a police officer or as a result of resistance by the victim of the felony because neither person is the felon’s agent

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31
Q

Felony Murder - Death of a co-felon

Criminal Law

MEE

A

A defendant will not be liable for the death of a co-felon if a victim or police officer kills the co-felon

32
Q

First-Degree Murder

Criminal Law

MEE

A
  1. Premeditated
  2. Deliberate
33
Q

First-Degree Murder

Premeditated

Criminal Law

MEE

A
  1. Premeditated if the defendant had time to plan and reflect on the idea of the killing
  2. The amoubnt of time needed may be brief; a mere second of reflection is sufficient
34
Q

First-Degree Murder

Deliberate

Criminal Law

MEE

A

The defendant made the decision to kill in a cool and dispassionate manner

35
Q

Second-Degree Murder

Criminal Law

MEE

A

Statutory version of common law murder

36
Q

Voluntary Manslaughter

Criminal Law

MEE

A

Voluntary manslaughter is murder committed in response to adequate provocation and no time to cool off

37
Q

Voluntary Manslaughter

Provocation

Criminal Law

MEE

A

Objective = A reasonable person would have been provoked by the victim’s actions
* Words are generally not enough provocation
* Sufficient provocation = discovery of adultery, suffering a serious battery

Subjective = The defendant must also have actually been provoked

38
Q

Voluntary Manslaughter

Time to Cool Off

Criminal Law

MEE

A
  • Objective = There must not have been sufficient time for an ordinary (reasonable) person to cool off between the provocation and the killing
  • Subjective =The defendant also must not have actually coolled off
39
Q

Voluntary Manslaughter

Transferred Provocation

Criminal Law

MEE

A

If the defendant misidentifies the provoker or kills the wrong person due to a reasonable mistake of fact, then the defendant can be guilty of voluntary manslaughter

40
Q

Voluntary Manslaughter

Imperfect Self-Defense

Criminal Law

MEE

A

If the defendant uses self-defense and kills another person but was unreasonable in doing so (e.g., excessing use of force, improper use of self-defense), murder can be mitigated down to voluntary manslaughter

41
Q

Involuntary Manslaughter

Criminal Law

MEE

A

Unintentional homicide committed with criminal negligence OR during an unlawful act

42
Q

Involuntary Manslaughter

Criminal Negligence

Criminal Law

MEE

A

Grossly negligent action (or inaction when there is a duty to act) that puts another person at a significant risk of serious bodily injury or death

MPC NOTE: In addition to grossly negligent action, the defendant msut also have been actually aware of the risk his conduct posed

43
Q

Involuntary Manslaughter

Unlawful Act

Criminal Law

MEE

A

The defendant commits an unlawful act that does not rise to felony murder and a dath occurs as a result

44
Q

Other Crimes Against the Person

Criminal Law

MEE

A
  1. Criminal Battery
  2. Criminal Assault
  3. Kidnapping
  4. False Imprisonment
  5. Rape
45
Q

Criminal Battery

Criminal Law

MEE

A
  • The intentional unlawful application of force to another person that causes bodily harm to that person or constitutes an offensive touching
  • Aggravated Battery = when there is serious bodily injury or the injury is caused by the use of a deadly weapon
46
Q

Criminal Assault

Criminal Law

MEE

A

Attempted battery or intentionally placing another in apprehension of imminent bodily harm

47
Q

Kidnapping

Criminal Law

MEE

A

The unlawful confinement of a person against that person’s will coupled with either movement or concealment of that person
* The victim only needs to be moved a short distance
* If kidnapping occurs incident to another crime, the movement must be more than what is necessary for the commission of the crime to be liable for a separate offense

48
Q

False Imprisonment

Criminal Law

MEE

A

The unlawful confinement of a person without consent

49
Q

Rape

Criminal Law

MEE

A

Unlawful secual intercourse with a person against their will by force or threat of immediate force

50
Q

Crimes Against Property

Criminal Law

MEE

A
  1. Larceny
  2. Embezzlement
  3. False Pretenses
  4. Robery
  5. Burglary
  6. Receipt of Stolen Property

NOTE: Discuss all relevant theft crimes separately, even if they eventally merge into a single crime

51
Q

Larceny

Criminal Law

MEE

A

Trespassory taking and carrying away of the personal property of another, without consent, with the specific intent to permanently deprive the owner of the property at the time of the taking
* Taking and carrying away can be met by the slightest movement
* Intent to permanently deprive must be present at the time of the taking

52
Q

Embezzlement

Criminal Law

MEE

A

The fraudulent conversion of the property of another by a person who is in lawful possession of the property

53
Q

False Pretenses

Criminal Law

MEE

A

The defendant obtains title to the property of another person through reliance of that person on a false representation of material fact made by the defendant with the intent to defraud

54
Q

False Pretenses

False Representation

Criminal Law

MEE

A

Must be false and must be of a material past or present fact

NOTE: An opinion, sales talk or puffing, a prediction, or a false promise is NOT sufficient

55
Q

False Pretenses

Reliance

Criminal Law

MEE

A

The victim must rely upon the false representation, and that reliance must cause the victim to pass title to the defendant

56
Q

False Pretenses

Intent to Defraud

Criminal Law

MEE

A

The defendant must know that the representation is false and specifically intend to defraud

57
Q

Robbery

Criminal Law

MEE

A

A larceny by force or intimidation when the taking of property is from the victim of in his presence

58
Q

Burglary

Criminal Law

MEE

A

Breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony therein

59
Q

Burglary

Breaking

Criminal Law

MEE

A

The slightest push can be sufficient

60
Q

Burglary

Entering

Criminal Law

MEE

A

Merely crossing the threshold can be sufficient

61
Q

Burglary

Specific Intent to Commit a Felony

Criminal Law

MEE

A

At the time of the breaking and entering, the defendant must have the intent to commit a felony inside the dwelling

NOTE: A defendant who fails to commit the ubnderlying felony may nevertheless by guilty of both burglary and the attempt to commit the underlying felony

62
Q

Receipt of Stolen Property

Criminal Law

MEE

A

Receive control over stolen property with the knowledge that it is stolen and the intent to permanently deprive the owner of the property

63
Q

Inchoate Crimes

Criminal Law

MEE

A
  1. Conspiracy
  2. Attempt
64
Q

Defenses

Criminal Law

MEE

A
  1. Self-Defense
  2. Defense of Others
  3. Duress
65
Q

Self-Defense

Criminal Law

MEE

A
  • The use of reasonable force to protect oneself at a reasonable time
  • Deadly force may only be used to protect against the use of deadly force
66
Q

Self-Defense

Retreat

Criminal Law

MEE

A
  • There is never an obligation to retreat before using nondeadly force
  • Majority View = retreat is not required even when deadly force is used in self-defense
67
Q

Self-Defense

Initial Aggressor

Criminal Law

MEE

A

An initial aggressor can gain the right to act in self-defense when the initial aggressor:
1. Uses nondeadly force and is met with deadly force; OR
2. Completely withdraws from the altercation in good faith and communicates that withdrawal to the other person

68
Q

Self-Defense

Imperfect Self-Defense

Criminal Law

MEE

A
  • Unreasonable use of force can be used as imperfect self-defense
  • Too muchf orce for the circumstances may mitigate a murder charge down to voluntary manslaughter
69
Q

Defense of Others

Criminal Law

MEE

A

A person has the right tod efend others under the same cirumstances that would entitle them to defend themselves

70
Q

Duress

Criminal Law

MEE

A
  • A third party’s unlawful threat causes a defendant to reasonably beleive that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and that causes the defendant to do so
  • Majority rule = duress is not a defense to intentional homicide, but it is available for criminally negligent homicide
71
Q

Conspiracy

Liability for co-conspirator crimes

Criminal Law

MEE

A

A conspirator is liable for the conspiracy and all the crimes of a co-conspirator committed in furtherance of the conspiracy

72
Q

Conspiracy

Withdrawal

Criminal Law

MEE

A

After there has been an agreement but before an overt act has been committed, a person may avoid criminal liability for conspiracy by either:
1. Communicating notice of intent not to participate to the other co-conspirators; OR
2. Informing the police about the agreement

73
Q

Conspiracy

Criminal Law

MEE

A
  • An agreement between two or more people to accomplish an unlawful purpose;
  • With specific intent to agree and commit the criminal objective; AND
  • An overt act in furtherwance of the conspiracy
74
Q

Attempt

Criminal Law

MEE

A

Attempt requires a substantial step toward the commission of a crime coupled with the specific intent to commit the crime. Mere preparation is NOT enough.

75
Q

Attempt

Abandonment

Criminal Law

MEE

A
  • At common law, once the defendant has taken a substantial step toward the commission of the crime, the defendant may not legally abandon the attempt to commit the crime
  • Some states recognize voluntary abandonment as a defense to attempt. But abandonment is not voluntary if it is motivated by a desire to avoid detection

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