General Principles Flashcards
What are malice crimes, and what common-law crimes fall into this category?
These crimes require reckless disregard of a high risk of harm, and require only a criminal act without excuse, justification or mitigation; intent is inferred from the accomplishment of the act.
Common-Law murder and arson are malice crimes.
What must be proven to convict a defendant of a strict liability crime?
Proof of the actus reus is sufficient for a conviction.
Note: A strict-liability crime does not require a mens rea.
Under the modern rule, in most jurisdictions, what are the three possible parties to a crime?
(1) A principal
(2) An accomplice
(3) An accessory after the fact
Note: Conspirators are not a distinct party to a crime because they are treated as a principal, are all held to the same degree of criminal liability, and are guilty regardless of whether the crime is actually committed or not.
What is the difference between malum in se and malum prohibitum?
Unlawful acts can be categorized as malum in se and malum prohibitum.
Malum in se means wrong in itself or inherently dangerous, whereas malum prohibitum refers to wrongs that are merely prohibited, but not inherently immoral or hurtful. A defendant who commits a malum in se act knows the act is criminal, therefore possess sufficient knowledge to be guilty of a criminal act.
Malum prohibitum wrongs resulting in homicide generally do not lead to an involuntary manslaughter conviction unless the defendant was willful or criminally negligent.
What is an accomplice, and what is an accomplice’s criminal liability?
An accomplice is a person who, with the requisite mens rea, aids or abets a principal prior to or during the commission of a crime.
An accomplice is responsible for the crime to the same extent as the principal.
In states that draw a distinction between an accessory before the fact and a principal in the second degree, what is the distinction?
An accomplice who is physically or constructively present during the commission of the crime is a principal in the second degree. An accomplice who is neither physically nor constructively present during the commission of the crime, but who possesses the requisite intent, is an accessory after the fact.
What are the three requirements for an accomplice to legally withdraw and avoid accomplice liability?
The accomplice must:
(i) Repudiate prior aid;
(ii) Do all that is possible to countermand prior assistance; and
(iii) Do so before the chain of events is in motion and unstoppable.
What is an actus reus?
It is either a voluntary, affirmative act or an omission (failure to act) that causes a criminally proscribed result.
What is the difference between a felony and a misdemeanor?
Felony: Punishable by death or imprisonment for more than one year
Misdemeanor: Punishable by imprisonment for one year or less, or by a fine, or by both
What are the four categories of specific-intent crimes?
FIAT
(F)irst-degree murder
(I)ncohate Crimes
(A)ssault with intent to commit a battery
(T)heft offenses
Name and define four mental states defined by the MPC.
Purposely—Defendant’s conscious objective is to engage in the conduct or to cause a certain result.
Knowingly/willfully—Defendant is aware or knows that the result is practically certain to occur based on his conduct.
Recklessly—Defendant acts with a conscious disregard of a substantial and unjustifiable risk.
Negligently—Defendant should be aware of a substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct (i.e., a gross deviation from the standard of care)
What is an accessory after the fact?
A person who aids or assists a felon to avoid apprehension or conviction after commission of the felony; the person must know a felony has been committed, and is only liable for a separate crime.
