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Bar Exam Study > MBE Crim > Flashcards

MBE Crim Flashcards

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MBE flashcards
1
Q

Omission as actus reus

A

A failure to act if:
1) D had a specific legal duty to act
2) D had knowledge of the facts giving rise to the duty, and
3) It was reasonably possible for D to perform the duty

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2
Q

Malice

A

D acts with reckless disregard or undertakes an obvious risk from which a harmful result is expected. (Applies to arson and common law murder.)

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3
Q

MPC “Purposely”

A

Conscious objective to engage in certain conduct or cause a certain result

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4
Q

MPC “Knowingly”

A

Is aware that his conduct is of a particular nature or knows that his conduct will necessarily or very likely cause a particular result.

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5
Q

MPC “Recklessly”

A

Knows of a substantial and unjustifiable risk and consciously disregards it.

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6
Q

MPC “Negligence”

A

Fails to become aware of a substantial and unjustifiable risk

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7
Q

General intent crimes

A

Battery, rape, kidnapping, false imprisonment

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8
Q

Specific intent crimes

A

“Students can always fake a laugh, even for ridiculous bar facts” – Solicitation, Conspiracy, Attempt, Forgery, Assault, Larceny, Embezzlement, False pretenses, Robbery, Burglary, First-degree murder

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9
Q

Malice crimes

A

Common law murder (malice aforethought); arson

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10
Q

Strict liability crimes

A

Statutory rape, regulatory crimes, administrative crimes, morality crimes

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11
Q

Causation requirement

A

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

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12
Q

Proximate cause

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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13
Q

Superseding factors

A

Must break the chain of causation to relieve D of liability

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14
Q

Intervening acts

A

Must be entirely unforeseeable to shield D from liability. (e.g., V’s refusal of medical treatment = foreseeable)

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15
Q

Cause-in-fact

A

“But for” D’s conduct, the result would not have occurred
Note: homicide and manslaughter – any act by D that hastens V’s death is a cause-in-fact, even if the death is already inevitable

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16
Q

Transferred intent doctrine

A

D may be held liable if he intends to cause the harm caused, but causes it to a different victim or object than intended. D is usually charged with 2 crimes: attempt (to commit the originally intended crime), and the actual resulting crime.

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17
Q

Merger doctrine

A

Two or more offenses merge, prohibiting D from being prosecuted separately for each crime. Applies to inchoate offenses and lesser-included offenses. *Does not apply to conspiracy.

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18
Q

Accomplice liability

A

To be liable as an accomplice, D must:
1) aid, counsel, or encourage principal before or during the crime
2) with the intent to assist the principal AND that the principal commit the crime

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19
Q

Scope of accomplice liability

A

Accomplice is liable for the crimes he committed or counseled and any other probable or foreseeable crimes committed.

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20
Q

Withdrawal (accomplice liability)

A

Accomplice liability does not apply where accomplice withdraws by:
1) repudiating prior aid or encouragement
2) doing all that is possible to counteract the prior aid; and
3) doing so before the chain of events is in motion and unstoppable

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21
Q

Accessory after the fact

A

Helping a known felon escape arrest, trial, or conviction. Gives rise to a separate, lesser charge of obstruction of justice.

22
Q

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. Is complete when D asks the question, and merges with the target offense.

23
Q

Defenses to solicitation

A

Few defenses to solicitation. MPC allows renunciation as a defense, but CL does not. Most JX follow CL approach.

24
Q

Conspiracy

A

An agreement between two or more people to commit a crime or an unlawful objective.

25
Q

Conspiracy elements

A
  1. an agreement between two or more people
  2. intent to enter into the agreement
  3. intent to commit the target crime or pursue the unlawful objective
  4. an overt act in furtherance of the target crime
26
Q

Unilateral conspiracy

A

CL requires 2+ people with guilty intent. MPC allows only one.

27
Q

Termination of conspiracy

A

Conspiracy ends upon commission of the targeted crime

28
Q

Co-conspirator liability

A

Each conspirator is liable for co-conspirators’ crimes that are (1) foreseeable and (2) committed in furtherance of the conspiracy.

29
Q

Attempt

A

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

30
Q

Insanity

A

A defense to all crimes, regardless of the intent requirement

31
Q

M’Naughten Test

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.

32
Q

Irresistible impulse test

A

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

33
Q

MPC insanity test

A

As a result of D’s mental disease, D lacked capacity to either appreciate the criminality of his conduct or to conform his conduct to the requirements of the law (combo of M’Naughten & irresistible impulse test)

34
Q

Durham test

A

But for his mental illness, D would not have acted as he did

35
Q

Infancy

A

No criminal liability for minors under 7. 7-14 rebuttable presumption against criminal liability.

36
Q

Diminished capacity

A

D had some mental defect short of insanity that prevented him from forming the requisite intent for the crime

37
Q

Incompetent to proceed

A

D unable to either
- understand the nature of the proceeding or
- assist his lawyer in the preparation of his defense

38
Q

Capital punishment and mental illness

A

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

39
Q

Self-defense: non-deadly force

A

Non-deadly force may be used if D is not at fault and believes it reasonably necessary to protect himself from imminent use of unlawful force. There is no duty to retreat, but the amount of force must be proportionate.

40
Q

Self-defense: deadly force

A

May be used if D is not the initial aggressor and D reasonably believes he is confronted with unlawful force that threatens imminent death or great bodily harm. No duty to retreat under majority rule.

41
Q

Self-defense by an initial aggressor

A

Available if either
-initial aggressor effectively withdraws before the need for self-defense arises and communicates his desire to do so, OR
-V suddenly escalates a minor dispute into a deadly altercation without an opportunity to withdraw

42
Q

Defense of others

A

Self-defense rules apply if D reasonably believes the person he is protecting could have legally defended himself.

43
Q

Citizen use of force to effectuate arrest and crime prevention

A

NDF permissible if crime actually committed and D had reasonable belief the person to be arrested committed it. DF permissible to prevent escape of a person who committed a felony and the fleeing felon threatens human life

44
Q

Defense of dwelling

A

NDF allowed to prevent or terminate an unlawful entry or attack on one’s dwelling. DF may be used if one reasonably believes necessary to prevent attack or to prevent entry by one who intends to commit a felony in dwelling.

45
Q

Defense & recovery of property

A

DF not allowed to defend property. Force is not allowed to regain property wrongfully taken, unless one is in immediate pursuit of the taker

46
Q

Necessity defense

A

D believed his conduct was reasonably necessary to avoid an imminent and greater injury to society (objective standard)

47
Q

Duress

A

D had reasonable belief that the crime was necessary to prevent death or SBH to D or a member of D’s family
***not a defense to homicide crimes

48
Q

Entrapment

A

LEO induces D to commit a crime.
-criminal design originated with law enforcement
-D was not otherwise predisposed to commit the crime

49
Q

Assault as a threat

A

General intent crime: intentional creation of V’s reasonable apprehension of imminent bodily harm

50
Q

Assault as an attempted battery

A

Specific intent crime

51
Q

Battery

A

Unlawful application of force to the person of another resulting in bodily injury or offensive touching

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