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Kaplan Foundation Slides > Kaplan Criminal Law Foundation Slides > Flashcards

Kaplan Criminal Law Foundation Slides Flashcards

1
Q

Crimes Against the Person - Coverage Areas

A 
Elements of Crimes 
   1- Mens Rea
   2- Actus Reus
   3- Defenses 
      - Insanity
      - Self Defense
Crimes Against the Person 
   1- Assault and Battery
   2- Murder 
      - Felony Murder
      - Depraved Heart Murder
      - Intent to Inflict Serious Bodily Injury Murder
   3- Manslaughter 
      - Voluntary 
      - Involuntary
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2
Q

Checkpoint Items for Criminal Procedure on the MBE

A
  • Mental State Questions
  • Statues
  • Reading Comprehension Issues
  • Defenses
  • Multiple Types of Homicide
  • Lesser includes Offenses
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3
Q

Approach to Crimes MC on the MBE

A

1- Type of Injury/ Who or what is the crimes against?
2- Statute?
3- What is the mind of the defendant?
4- Are there defenses?

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4
Q

Criminal Law - Crimes Against the Person; Principles of Criminal Liability are:

A
  • Actus Reus
  • Mens Rea
  • Concurrence
  • Causation
  • Defenses
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5
Q

What is Mens Rea?

A

Means “Knowingly”

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6
Q

Describe what “Knowingly” means in regard to Mens Rea

A

A person has “knowledge” of a material fact if he is “aware of the fact” or he correctly believes that it exists.

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7
Q

Most jurisdictions permit a finding of “knowing” when

A

Most jurisdictions also permit a finding of knowledge of an attendant circumstance when the defendant is said to be guilty of “willful blindness” or “deliberate ignorance,” i.e., if the defendant is aware of a high probability of the existence of the fact in question, and he deliberately fails to investigate in order to avoid confirmation

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8
Q

What are the 3 types of Crime on the MBE

A

1- Specific Intent
2- General Intent
3- Strict Liability

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9
Q

What is a Specific Intent Crime

A

Specific Intent Crime - Requires an actual subjective intent to cause a specific result

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10
Q

What is a General Intent Crime

A

General Intent Crime- requires only an intent to do the prescribed act

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11
Q

What is a Strict Liability Crime

A

Strict Liability Crime - requires no mens rea;

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12
Q

What are Strict Liability Crimes

A

1- Regulatory offenses; Statutory Crimes
2- Regulation of food, drugs, firearms
3- Morality crimes

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13
Q

Voluntary Intoxication is what type of crime

A

It is a Specific Intent crime, but a defense to specific intent crime where it negates the mens rea, but no defense to a general intent crime such as arson

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14
Q

Mistake of Fact as a defense to the Specific Intent crimes

A

Mistake of fact is a defense to specific intent crime, any mistake which is reasonable or unreasonable

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15
Q

Mistake of Fact as a defense to the General Intent crimes

A

Mistake of fact is a defense to a General Intent, but ONLY reasonable mistake

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16
Q

Mistake of fact is a defense to Strict Liability Crimes

A

Mistake of fact is a defense to Strict Liability crimes is NO defense

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17
Q

Self Defense is defined as

A

Reasonable non-deadly force is allowed where defendant reasonably believes it is necessary to avert imminent harm

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18
Q

When is deadly force allowed

A

1- To meet deadly force; OR

2- To counter a threat of serious bodily harm

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19
Q

what is the general rule about a duty to retreat on the MBE

A

There is NO duty to retreat

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20
Q

Insanity Defense is a.k.a.

A

M’Naghten - cognitive test

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21
Q

What is the requirements to plead insantity

A

1- Defendant does not know the nature and quality of his act, OR
2- Defendant does not know what he was doing was wrong

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22
Q

Homicide - Intentional Murder is

A

Premeditated Mens Rea and Actus Rea

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23
Q

Homicide - Unintentional Murders are

A

1- Felony Murder;
2- Intent to inflict serious bodily injury
3- Depraved Heart Murder
4- Nonfeasance

24
Q

Homicide - Manslaughter are

A

Voluntary Manslaughter

25
Q

Homicide - Unintentional Manslaughter is

A

Involuntary Manslaughter and Nonfeasance

26
Q

Criminal Liability for Failure to Act arises when

A 
A duty may arise by: 
1- Statute
2- Contract
3- Creation of Victim's peril
4- Relationship (parent and spouses)
27
Q

Voluntary Intoxication has what affects on Homicide crimes

A

Voluntary Intoxication (Specific Intent) Can reduce 1st degree murder to 2nd degree murder, BUT it does NOT mitigate murder to voluntary manslaughter

28
Q

What is Manslaughter - Voluntary

A

Voluntary Manslaughter is the intentional killing (Specific Intent Crime), but the intentional killing occurred because:

1) Adequate provocation
2) Mistake Justification

29
Q

What is Manslaughter - Involuntary

A

Involuntary Manslaughter is the unintentional killing (General Intent Crime), but the unintentional killing occurred because:

1) Gross Negligence
2) Misdemeanor - manslaughter

30
Q

Redline Rule

A

To be guilty of felony murder, the killing must have been done in the furtherance of the felony, but the victim must be an innocent party. Felony murder does not apply when the person killed is a co-felon.

31
Q

First Degree Murder is reserved for

A

The intentional killing that was premeditated

32
Q

Second Degree Murder is reserved for

A

Unintentional Felony Murder; Malice Required Defendant intended to inflict serious bodily injury on the victim; Depraved Heart in which the defendant did not intend any specific victim but acted with malice and didnt care if someone was killed

33
Q

Incohates are Crime

A

which include solicitation; conspiracy; attempt

34
Q

Crimes Against Personal and Real Property are

A 
Arson;
Burglary;
Theft Crimes 
   1- Embezzlement
   2- Larceny
   3- Larceny by Trick
   4- False Pretenses
   5- Receiving Stolen Property
35
Q

Checkpoint Items on Criminal Law MBE questions

A 
1- Specific Intent Versus General Intent 
2- Theft Crimes 
3- Torts or Crimes 
4- Third Party Liability 
5- Parties to a Crime
36
Q

What is the crime of Solicitation. Specific Intent Crime.

A

Defendants entices, encourages, orders or requests another to commit a crime. The crime of Solicitation is COMPLETE at the point once the solicitation occurs, even if the subsequent crime does not occur. Solicitation MERGES into the target office. There are no defenses at common law

37
Q

Define Conspiracy. Specific Intent Crime.

A
  • Elements (common law): (1) Agreement between 2 or more persons (2) intent to achieve same criminal objective
  • Conspiracy does NOT merge
38
Q

Defenses to Conspiracy. Specific Intent Crime.

A

Defenses are:

(1) Withdrawal is no defense at common law
(2) MPC contra if defendant “thwarts the success”

39
Q

What is the crime of Attempt. Specific Intent Crime.

A
  • Elements: (1) Intent to commit a crime; (2) a “substantial” step in furtherance that goes beyond mere preparation
  • Mergers into the completed offense
40
Q

What are the defenses to Attempt. Specific Intent Crime.

A

Defenses are: Legal impossibility

41
Q

All incohate crimes are

A

Specific Intent Crime.

42
Q

What is not a valid defense to the crime of Attempt. Specific Intent Crime.

A

The crime was factually impossible to execute

43
Q

What is the Unilateral Theory of Conspiracy

A

According to the MPC, an agreement between “2 or more” persons is not required. Only an intent by a single actor agreeing with another is needed

44
Q

Scope of Conspiracy, a co-conspirator is guilty of

A

A co-conspirator is guilty of all crimes committed “in furtherance” of the conspiracy (i.e., Pinkerton crimes)

45
Q

Withdrawal from Pinkerton crimes (Conspiracy) may occur when

A

Where the conspirator
1- Notifies all other members of the conspiracy, AND
2- Such notice is timely giving other members the opportunity to abort their plans

46
Q

Accomplice Liability Crimes. Specific Intent Crime.

A

1) gives aid or encouragement with 2) intent to achieve same criminal objective. Scope: all crimes “reasonably foreseeable from the aid or encouragement”

47
Q

Battery is what type of Crime

A

General intent crime, which is the unlawful application of force against another

48
Q

Assault is what type of crime

A

Specific Intent Crime. Which includes 1) attempted battery type or 2) Intent to Frighten Type but in both case you make actual contact with the person

49
Q

Theft Crimes include

A

Larceny; Embezzlement; Larceny by Trick; False Pretenses; Receiving Stolen Property

50
Q

Accessory After the Fact is what type of crime

A

Specific Intent Crime.

51
Q

Accessory After the Fact is defined as

A

the Accessory-Defendant knows of a completed crime, and Gives aid to hinder apprehension or conviction of the original criminal defendant

52
Q

Theft Crimes that do not pass title are

A

Larceny, the taking is trespassory/wrongful and title does not pass
Larceny by Trick

53
Q

Theft Crimes that DO pass title are

A

Embezzlement and False pretenses, both the property and title pass to the defendant

54
Q

Theft Crimes of Larceny, Larceny by Trick, Embezzlement, False Pretenses require

A

require a false representation of a “Past or Present” material fact

55
Q

False Pretenses (Specific Intent Crime) is

A

False representation of a past or present material fact which causes the victim to pass title to the wrongdoer

56
Q

Embezzlement (Specific Intent Crime) is

A

Fraudulent conversion of the personal property of another by one in lawful possession

57
Q

Burglary (Specific Intent Crime) Elements

A

Elements (Common Law):

  • Breaking and entering of,
    • the dwelling house of another,
    • at nighttime with
    • the intent to commit a larceny or felony therein

Kaplan Foundation Slides (7 decks)

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