Flash Card - Criminal Law

Question 1

What are the elements of a crime?

Answer 1

Elements:
1) Physical act (actus reus);
2) Mental State element (mens rea);
3) Causation (actual and proximate cause); AND
4) Concurrence (mental state and physical act occur at the same time).

Question 2

When is an Omission to act considered a crime?

Answer 2

1) The defendant had a legal duty to act;
2) The defendant had knowledge of facts concerning the duty to act; AND
3) It was reasonably possible for the defendant to
act.

Question 3

What does Causation require?

Answer 3

It requires both:
1) Actual causation (but for); AND
2) Proximate cause (it was foreseeable that the injury would have occurred from the defendant’s physical act).

Question 4

What is a Superseding Intervening Cause?

Answer 4

It is a third-party’s act that breaks the chain of causation.
This normally cuts off the defendant’s liability.

An act will ONLY break the chain if the force was:
1) Independent of the defendant’s wrongful conduct; AND
2) Not foreseeable.

Question 5

What is the Simultaneous Acts Rule?

Answer 5

A person’s acts will still be the proximate cause of a resulting injury if his wrongful conduct created a condition of peril.

A wrongful act that accelerates death is still the legal cause of death, even if the person was going to die eventually.

Question 6

Under the Common Law, what mental state
categories were used?
Mental states under the Model Penal Code?

Answer 6

Common Law: Specific Intent, General Intent, Malice, & Strict liability.

MPC: Purposefully, Knowingly, Recklessly, & Criminal Negligence.

*Willful Blindness Standard: A person acts knowingly when they are aware that certain facts are highly probable OR are intentionally ignorant of them.

Question 7

Murder
Murder under the Common Law

Answer 7

The unlawful killing of a person with malice aforethought.

Malice aforethought requires a showing of:
a) An intent to kill;
b) An intent to inflict great bodily injury;
c) A reckless disregard of an extreme risk to human life; OR
d) An intent to commit an inherently dangerous felony under the felony murder rule.

Question 8

Murder
Second Degree Murder
vs.
First Degree Murder

Answer 8

Second Degree Murder: The unlawful killing of a person with malice aforethought.

Malice aforethought: is established upon a showing of an intent to kill, an intent to inflict great bodily injury, a reckless disregard of an extreme risk to human life or an intent to commit an inherently dangerous felony under the felony murder rule.

First Degree Murder: Occurs when the killing was willful, deliberate, AND premeditated.

Question 9

Murder
Murder under the Model Penal Code (MPC)

Answer 9

The killing of a person either:
a) Committed purposely/knowingly; OR
b) Recklessly under circumstances manifesting an extreme indifference to the value of human life.

*Recklessness and indifference are presumed if the killing occurred during the commission of or an attempt to commit a dangerous felony (Felony Murder Rule).

Question 10

Murder
Felony Murder Rule

Answer 10

A person is guilty of murder if a person is killed during:
a) Commission of (or attempt to commit) a felony; OR
b) Felony escape.

*All participants of the crime will be found guilty.

Question 11

What is Voluntary Manslaughter?

Answer 11

An intentional killing of a person without malice aforethought (adequate provocation).

Adequate provocation is established if:
1) The defendant was provoked;
2) A reasonable person would have been provoked;
3) There was not enough time to cool off before the killing; AND
4) The defendant DID NOT cool off before the killing.

Question 12

What is Involuntary Manslaughter?

Answer 12

An unintentional killing of a person committed:
a) Recklessly;
b) Under the Misdemeanor Murder Rule;
c) During a non-dangerous felony; OR
d) Criminal negligence.

Question 13

What is Manslaughter under the Model Penal Code (MPC)?

Answer 13

The killing of a person:
a) Committed recklessly; OR
b) Which would otherwise be murder, but is committed under the influence of extreme mental or emotional disturbance.

*The MPC doesn’t distinguish between voluntary/involuntary manslaughter.

Question 14

What are the elements of Larceny?

Answer 14

The:
1) Trespassory taking,
2) And carrying away,
3) Of the personal property of another,
4) With the intent to permanently deprive the owner of the property.

*Larceny by Trick = when one obtains possession of another’s property by trick or deception.

Question 15

How is a trespass defined under the
Continuing Trespass Doctrine?

Answer 15

A trepass is considered continued until the intent to permanently deprive arises.

Thus, one is still liable for larceny EVEN THOUGH
the intent to permanently deprive the owner of the property did not arise until after the taking.

Question 16

What are the elements of False Pretenses?

Answer 16

It occurs when one:
1) Obtains title,
2) To personal property of another,
3) Through a known false statement of material fact,
4) With the intent to defraud.

*Opinion or commercial puffery is NOT false pretenses.

Question 17

What are the elements of Embezzlement?

Answer 17

1) The fraudulent or wrongful,
2) Conversion,
3) Of personal property of another,
4) By a person with lawful possession of the
property.

Question 18

What are the elements of Receiving Stolen Goods?

Answer 18

When a person:
1) Receives possession of stolen property,
2) Who knows the property is stolen at the time of receiving it, AND
3) With the intent to permanently deprive the owner of the property.

Question 19

What are the elements of Robbery?

Answer 19

1) The trespassory taking and carrying away,
2) Of the personal property of another person,
3) In their presence;
4) By the use of force or threat of immediate physical harm,
4) With the intent to permanently deprive the owner of the property.

*Armed robbery requires the elements above, PLUS the use of a dangerous weapon.

Question 20

What are the elements of Burglary?

Answer 20

Burglary is:
1) The breaking and entering,
2) Of a dwelling,
3) Of another,
4) At night,
5) For the purpose of committing a felony inside.

*Most jurisdictions have extended burglary to any structure at any time.

Question 21

What are the elements of Extortion?

Answer 21

1) Illegally obtaining property;
2) Either by:
a. Force; OR
b. Threats of violence, property damage or exposing information.

Question 22

Under the Common Law, what are the elements of Rape?

Answer 22

1) The unlawful sexual intercourse,
2) Of a woman by a man (not her husband),
3) Without her consent.

*Under the common law, a husband could not be convicted of raping his wife. The modern definition now contains marital rape.

Question 23

Rape
When is there a Lack of Effective Consent?

Answer 23

When:
a) Actual force is used;
b) Threats of immediate great bodily harm are used;
c) The victim is incapable of consenting; OR
d) The defendant fraudulently caused the victim to believe that the act is not intercourse.

Question 24

Under the MPC, when is a man guilty of rape?

Answer 24

If:
a) He compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain, or kidnapping;
b) He has substantially impaired her power to consent by secretly drugging her;
c) The female is unconscious; OR
d) The female is under 10 years old.

*Deviate sexual intercourse is gender neutral and has the same elements as above.

Question 25

What are the elements of Statutory Rape?

Answer 25

1) The unlawful sexual intercourse,
2) With a person,
3) Under the age of consent, regardless of whether it’s against the person’s will.

*This is a Strict Liability crime.

Question 26

Battery vs. Assault

Answer 26

Battery: Unlawful application of force, directly or indirectly upon another person (or their clothes/belongings) that results in an injury or offensive contact. (General Intent Crime).
Assault is either:
a) An attempted battery; OR
b) The intentional creation of a reasonable apprehension of imminent bodily harm to a person.

Question 27

What are the elements of Kidnapping (under the
MPC and Common Law)?

Answer 27

Kidnapping is:
Common Law: Confining, restraining, or moving a person, without authority of law.
MPC: An abduction of another person to:
a) Compel a third person to pay ransom;
b) Facilitate the commission of a felony;
c) Inflict bodily injury or terrorize a victim; OR
d) Interfere with the performance of a political function.

Question 28

What are the elements of False Imprisonment?

Answer 28

The:
1) Unlawful,
2) Confinement of a person,
3) Against their will,
4) With knowledge that the restriction is unlawful.

MPC: Knowingly restraining another person unlawfully so as to substantially interfere with the person’s liberty.

Question 29

What are the elements of Arson?

Answer 29

The:
1) Malicious,
2) Burning,
3) Of a dwelling,
4) Of another.

*Under the Common Law, a person could not be convicted of arson if it was their own home.

Question 30

What are the elements of Criminal Possession?

Answer 30

It involves the unlawful possession of an item according to a jurisdiction’s statute.
To be found guilty, a person must have both:
1) Knowledge of the possession; AND
2) Knowledge of what the item is.

Question 31

When is a person guilty of Attempt?

Answer 31

If the person:
1) Had the specific intent to commit a crime; AND
2) Took an overt act sufficiently beyond mere
preparation.

*Most states & the MPC require the overt act be a substantial step.

*The attempt merges with the underlying crime (can’t be convicted for attempt and the crime itself).

Question 32

What are the elements of Conspiracy?

Answer 32

1) An express or implied agreement between two or more people;
2) Intent to enter into the agreement;
3) Intent to pursue an unlawful objective; AND
4) The commission of an overt act in furtherance of the unlawful objective.

*Co-conspirators are liable for both the conspiracy itself AND all foreseeable crimes committed by other conspirators in furtherance of the objective.

Question 33

What are the elements of Solicitation?

Answer 33

A person is guilty if:
1) He requests another person to commit a crime;
2) With the specific intent that the crime be
committed; AND
3) The other person receives the request.

*NO defenses once solicitation is complete.

Question 34

Who is an Accomplice?
What are they liable for?

Answer 34

An accomplice is a person who:
1) Aids, abets, or facilitates the commission of a crime; AND
2) Has dual intent (intent to assist and intent the crime is committed).

An accomplice is liable for ALL crimes he committed/assisted, AND all foreseeable crimes committed by the principal.

Question 35

What limitations exist to Accomplice liability?

Answer 35

First: Merely being present while a crime is committed will NOT create liability.

Second: A person cannot be convicted if they are a member of the class of persons protected by the criminal statute OR the crime inherently involves several types of participants and the
person is not criminally liable under the statute.

Third: A minority of jurisdictions DO NOT allow accomplice liability for involuntary manslaughter.

Question 36

When is Withdrawal a valid defense to Accomplice Liability?
How is it accomplished?

Answer 36

It is valid ONLY if the accomplice withdraws
involvement before the crime becomes unstoppable.

It can be accomplished by either:
a) Repudiating the encouragement given; OR
b) Neutralizing the assistance.

Question 37

When is a person guilty for Accessory After the
Fact?

Answer 37

If that person knowingly aids a felon in escape from arrest, trial, conviction and/or punishment.

Question 38

When does the defense of Duress excuse a
defendant’s conduct?

Answer 38

If the conduct was the result of:
1) A threat of imminent death or serious bodily injury,
2) To the defendant or another, AND
3) The defendant reasonably believed he was unable to avoid the harm by non-criminal conduct.

*Duress defense is NOT available for intentional killings.

Question 39

What are the four Insanity tests?

Answer 39

1) The M’Naghten test.
2) The Model Penal Code test.
3) The Irresistible Impulse test.
4) The Durham test.

*A defendant will be acquitted if he meets the applicable insanity test of his jurisdiction.

Question 40

Insanity
What is the M’Naghten Test?

Answer 40

A mental disease or defect that resulted in being:
a) Unable to know the wrongfulness of the conduct; OR
b) Unable to understand the nature and quality of the acts.

Question 41

Insanity
What is the Model Penal Code Test?

Answer 41

As a result of a mental disease or defect, the defendant was:
a) Unable to appreciate the criminality of the
conduct; OR
b) Unable to conform his actions to the law.

Question 42

Insanity
What is the Irresistible Impulse Test?

Answer 42

Defendant’s mental illness made him:
a) Unable to control his actions; OR
b) Unable to conform his actions to the law.

Question 43

Insanity
What is the Durham Test?

Answer 43

Defendant must show that his unlawful conduct was the product of mental illness.

Question 44

Justification – Self-Defense
Deadly Force
vs.
Non-Deadly Force

Answer 44

Deadly Force is justified when: (1) the defendant kills another on a reasonable belief, (2) that he was in imminent danger of being killed or suffering great bodily injury, and (3) the use of deadly force was necessary to defend against the danger.

Non-Deadly Force is justified when: (1) the defendant reasonably believes, (2) that he is imminent danger of being harmed, and (3) the force used is proportional to the harm threatened.

Question 45

When may an aggressor use self-defense?

Answer 45

If:
a) He withdraws from the altercation and
communicates such intent; OR
b) The other person suddenly escalates the fight with deadly force and withdrawal is not possible.

Question 46

Justification – Self-Defense
What is Imperfect Self-Defense?

Answer 46

When the defendant kills another based on a good faith belief that:
1) She was in imminent danger of being killed or suffering great bodily injury; AND
2) The use of deadly force was necessary to defend against the danger; BUT
3) At least one of those beliefs was unreasonable.

*This can reduce a murder charge to manslaughter.

Question 47

Voluntary Intoxication
vs.
Involuntary Intoxication
(as a defense)

Answer 47

Voluntary Intoxication: ONLY a defense to specific intent crimes if it negates the state of mind required to commit the offense.

Involuntary Intoxication: A defense to ALL crimes if the defendant is deemed insane at the time of the offense.

Question 48

Defenses
Legal Impossibility
vs.
Factual Impossibility

Answer 48

Legal Impossibility: IS a defense. Occurs when the
defendant’s acts would not have constituted a crime, even if the acts were as the defendant assumed.

Factual Impossibility: Is NOT a defense. Occurs when the defendant’s acts would have constituted a crime, BUT FOR a circumstance or fact unknown to the defendant.

Question 49

Defenses
Mistake of Fact
vs.
Mistake of Law

Answer 49

Mistake of Fact: Is a defense if it negates the state of mind required for the offense.

Mistake of Law (not knowing the activity was illegal):
Generally, NOT a defense to a crime.

Question 50

What must a defendant prove to succeed with Entrapment as an affirmative defense?

Answer 50

That:
1) The police created the criminal environment; AND
2) The defendant was not predisposed to commit the crime.