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2 - Criminal Law > MBE Final Review > Flashcards

MBE Final Review Flashcards

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1
Q 
Specific intent (SI) crimes 
definition
A

subjective desire, specific objective, or knowledge to accomplish prohibited result

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2
Q 
Specific intent (SI) crimes
list
A

FIAT

 First-degree murder
 Inchoate offenses
 Assault with intent to commit battery
 Theft offenses

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3
Q

Malice crimes

list

A

CL murder & arson*

*subject to transferred intennt

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4
Q

Malice crimes

elements

A

 Reckless disregard of a high risk of harm

 Requiring only criminal act without excuse, justification, or mitigation

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5
Q

General intent crimes

list

A

battery*, rape, kidnapping, and false imprisonment

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6
Q

General intent crimes

elements

A

 Intent—knowingly, recklessly, or negligently
 To perform an act that is unlawful
o Transferred intent (unintended victim rule)—usually confined to homicide, battery, and arson

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7
Q

mistake defenses

list

A

mistake of fact

mistake of law

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8
Q

mistake of fact

A

o Negates criminal intent (if honest)
o Defense to specific intent crime even if unreasonable mistake
o Defense to general intent/malice crime only if reasonable

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9
Q

Mistake of law

A

o Only valid if relied on court order/administrative order or official interpretation
o Statutory definition of malum prohibitum crime not available before conduct
o Honestly held mistake of law negates required intent

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10
Q

Parties to Crime

list

A
  1. Accomplice liability

2. Accessory after the fact

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11
Q

Accomplice liability
elements
liability
how to withdraw

A

 Aids/abets principal prior to/during crime with intent for crime to be committed
 Liable for crime & all natural and probable consequences
 To withdraw accomplice must:
o Repudiate prior aid
o Countermand prior assistance or timely notify legal authorities
o Do so before chain of events set in motion and unstoppable

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12
Q

Accessory after the fact
elements
liability

A

 Aids felon to avoid apprehension after felony committed
 Must know felony was committed
 Only liable for separate crime (“obstruction of justice” or “harboring a fugitive”)

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13
Q

Insanity defense theories

list

A

 M’Naghten
 Irresistible impulse
 Durham
 MPC

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14
Q

M’Naghten insanity defense

elements

A

D didn’t know nature/quality of act or wrongfulness of act because of defect due to mental disease (“right from wrong” test)

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15
Q

Irresistible impulse insanity defense

elements

A

Lacked capacity for self-control and free choice due to mental disease or defect—inability to conform conduct to the law

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16
Q

Durham insanity defense

elements

A

Unlawful act was product of D’s mental disease/defect (“but for” test)

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17
Q

MPC insanity defense

elements

A

o Combines M’Naghten and irresistible impulse
o At time of conduct, D lacked substantial capacity to appreciate wrongfulness of act or conform conduct to law as a result of mental disease or defect

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18
Q

Intoxication defense

list

A

 Voluntary

 Involuntary

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19
Q

Voluntary Intoxication defense

elements

A

o Intentional taking of known intoxicating substance
o Need not intend actual intoxication
o Defense to SI crimes if it prevents required intent

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20
Q

Involuntary Intoxication defense

elements

A

o Taken without knowledge or under duress

o Negates element of general intent, specific intent, or malice crime

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21
Q

Types of Homicide

A

Murder
Statutory Murder
Voluntary manslaughter Involuntary manslaughter

*subject to transferred intent

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22
Q

Types of Murder (which is a type of homicide)

A

Murder
Statutory Murder

*subject to transferred intent

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23
Q

Types of Manslaughter (which is a type of homicide)

A

Voluntary manslaughter
Involuntary manslaughter

*subject to transferred intent

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24
Q

Voluntary manslaughter

defintion

A

“Heat of passion”
 Murder committed in response to situation that would inflame a reasonable person (serious battery, threat of deadly force, but usually not words)
 NOT a defense but can reduce murder to voluntary manslaughter
 If there was sufficient time between provocation and killing for a reasonable person to cool down, murder not mitigated to manslaughter

*subject to transferred intent

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25
Q

Involuntary manslaughter

defintion

A

unintentional homicide committed with criminal negligence or during an unlawful act
1. Criminal negligence
 Reckless action (or inaction when there is a duty to act) putting another at significant risk of injury/death
2. Unlawful act
 Malum in se misdemeanor
 Killing during felony that isn’t first-degree felony murder or second-degree murder

*subject to transferred intent

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26
Q

Murder

basic definition

A

unlawful killing of a human being committed with malice aforethought

*subject to transferred intent

27
Q

Murder

4 ways to “get there”

A
  1. Intent to kill
  2. Intent to do serious bodily injury
  3. Depraved heart murder
  4. Felony murder rule (FMR)

*subject to transferred intent

28
Q

Intent to kill (way to get to murder, which is a homicide)

elements

A

Conduct that is the legal cause of death + intent to kill

*subject to transferred intent

29
Q

Intent to do serious bodily injury (way to get to murder, which is a homicide)
elements

A

Serious bodily injury + unintentional killing

*subject to transferred intent

30
Q

Depraved heart murder (way to get to murder, which is a homicide)
elements

A

Reckless action manifesting extreme indifference to human life

*subject to transferred intent

31
Q

Felony murder rule (FMR) (way to get to murder, which is a homicide)
elements

A

 Unintended and foreseeable killing proximately caused by/during commission or attempted commission of inherently dangerous felony (BARRK—burglary, arson, robbery, rape, & kidnapping)
 D must be guilty of underlying felony
 Bystander death falls under FMR under proximate cause theory if direct consequence of felony
 D not liable for co-felon death by victim/police
 Does not encompass death occurring after flight from scene of crime

*subject to transferred intent

32
Q

First-degree (Statutory Murder, which is a homicide)

definition/elements

A

Specific intent crime—deliberate/premeditated (after forming intent to kill D had time for reflection) or FMR

*subject to transferred intent

33
Q

Second-degree (Statutory Murder, which is a homicide)

definition/elements

A

necessary malicious intent (common law murder) or default category if not first degree

*subject to transferred intent

34
Q

Inherently dangerous felony

A

BARRK—burglary, arson, robbery, rape, & kidnapping

35
Q

Crimes against property

list

A
  1. Larceny
  2. Forgery
  3. Embezzlement
  4. False pretenses
  5. Robbery
  6. Extortion
  7. Burglary (Common Law)
  8. Arson
  9. Receipt of stolen goods
36
Q

Larceny (crime against property)

elements

A 
 Trespassory—without owner’s consent
 Taking—removal to another’s control
 Carrying away—slight movement enough
 Of personal property—not real property
 Of another
 With specific intent to permanently deprive owner of property—at time of taking
37
Q

Forgery (crime against property)

elements

A 
 Fraudulent
 Making of
 False writing
 With apparent legal significance
 Intent to defraud
38
Q

Embezzlement (crime against property)

elements

A 
 Fraudulent
 Conversion
 Of property
 Of another
 By person in lawful possession of property
39
Q 
False pretenses (crime against property)
elements
A

 Obtaining title to property
 Of another
 Thru reliance of that person
 On known false representation of material past/present fact
 Representation made with intent to defraud

40
Q

Robbery (crime against property)

elements

A

 Larceny
 By force or intimidation
 When taking of property is from person/presence of victim

41
Q

Extortion (crime against property)

elements

A

 Taking of money/property from another by threat
 Threat need not be physical or of immediate harm
 Property need not be on person or in presence of victim
 Threat is the essence of the crime (majority view)

42
Q

Burglary (Common Law) (crime against property)

elements

A 
 Breaking and
 Entering of
 Dwelling
 Of another
 At nighttime
 With the specific intent to commit a felony therein
43
Q

Arson (crime against property)

elements

A

 Malicious burning
 Of the dwelling
 Of another
 Definition not strictly applied on MBE

44
Q

Receipt of stolen goods (crime against property)

elements

A

 Receiving control
 Of stolen property
 With knowledge that it is stolen, and
 Intent to permanently deprive

45
Q

Crimes against the person

list

A
  1. Battery
  2. Assault
  3. Kidnapping
  4. False imprisonment
  5. Rape
46
Q

Battery (crime against the person)

elements

A 
 Unlawful
 Application of force
 To another person
 That causes bodily harm to that person or
 Constitutes an offensive touching
47
Q

Assault (crime against the person)

elements

A

 An attempt to commit a battery or

 Intentionally placing another in apprehension of imminent bodily harm

48
Q

Kidnapping (crime against the person)

elements

A 
 Unlawful
 Confinement of a person
 Against that person’s will
 Coupled with either
o Movement, or
o Hiding of that person
49
Q 
False imprisonment (crime against the person)
elements
A

 Unlawful
 Confinement of a person
 Without consent

50
Q

Rape (crime against the person)

elements

A

 Unlawful
 Sexual intercourse
 With a female
 Against her will by force or threat of immediate force
o No force requirement under most modern statutes
o Required intent negated if reasonable belief that lack of resistance was consent

51
Q 
Inchoate crimes (specific-intent crimes)
list
A
  1. Solicitation - merger
  2. Conspiracy
  3. Attempt - merger
52
Q

Solicitation (Inchoate, specific-intent crime)

elements

A

 Enticing, encouraging, or advising another person
 To commit a crime
 With the intent the other person commits the crime
o Voluntary renunciation may be a defense if D thwarts commission of the solicited crime

53
Q

Conspiracy (Inchoate, specific-intent crime)

elements

A

agreement to accomplish an unlawful purpose plus intent to accomplish that purpose

 Agreement—oral is enough and can be inferred from Ds’ actions
 Unilateral conspiracy—not valid under common law/majority rule, but MPC allows it (minority rule)
 Specific intent—intent to agree (can be inferred from conduct) and commit the criminal objective (knowledge not enough)
 Overt act
o Common law—no overt act required
o Majority/federal law/MPC—require legal/illegal overt act in furtherance of the conspiracy
 Scope—conspirator liable for conspiracy and co-conspirators’ substantive crimes in furtherance of conspiracy (Pinkerton Rule)
 Impossibility
o Factual impossibility not a defense
o Legal impossibility OK
 Withdrawal
o Federal/majority rule—withdrawal possible between date of agreement and commission of overt act but must give notice to co-conspirators or give timely notice to police
o MPC /minority rule—subsequent withdrawal OK only if timely notification allows police to thwart success of conspiracy

54
Q

Attempt (Inchoate, specific-intent crime)

elements

A

 Substantial step toward commission of crime
o Beyond mere preparation
o Coupled with specific intent to commit the crime
 Factual impossibility not a defense (legal impossibility OK)
 Abandonment not a defense after substantial steps are taken (CL)
 If crime completed, attempt is merged into completed crime

55
Q

Defenses

list

A

A. Generally
1. Mistake of fact

B. Specific defenses

  1. Self-defense
  2. Defense of others
  3. Defense of property
  4. Arrest
  5. Duress
  6. Necessity
  7. Consent
  8. Entrapment
56
Q

Mistake of fact (general defense)

elements

A

 Viable defense if mistake reasonable
o Consider D’s physical characteristics, experiences and knowledge
 Unreasonable mistake only applied to specific-intent crime

57
Q

Self-defense (specific defense)

elements

A

 Reasonable force—OK to prevent immediate unlawful harm
 Deadly force—OK in self-defense only if reasonably necessary to:
o Prevent death/serious injury
o Prevent serious felony
o Apprehend fleeing felon who may endanger safety of community
 Non-deadly force—OK to repel non-deadly force
 Retreat
o No self-defense duty to retreat before using non-deadly force, deadly force in home, or (majority view) deadly force elsewhere
o Retreat required if it can be safely accomplished (minority view)
 Imperfect self-defense (killing in self-defense not justified)
o Reduces murder to voluntary manslaughter
 Aggressor’s right to use self-defense
o OK when aggressor’s non-deadly force was met with deadly force, or
o When aggressor in good faith withdrew from altercation and communicated it to victim

58
Q

Defense of others (specific defense)

elements

A

 Right to defend others exists under the same circumstances in which self-defense would be acceptable

59
Q

Defense of property (specific defense)

elements

A

 Reasonable steps OK, including non-deadly force
 D must reasonably believe real property is in immediate danger of unlawful trespass or that personal property in immediate danger of being carried away
 Force cannot be unreasonably disproportionate to perceived harm
 Generally, deadly force not OK in defending property—only OK to prevent forcible felony in dwelling
 Mechanical devices cannot be used to protect property

60
Q

Arrest (specific defense)

elements

A

 Police can use reasonable force to make lawful arrest
 Deadly force only if suspect is a threat to the officer or third parties
 Resisting unlawful arrest
o D may use non-deadly force in resisting unlawful arrest
o Deadly force never OK

61
Q

Duress (specific defense)

elements

A

 D violated law because third party’s unlawful threat caused D to reasonably believe death/harm to himself or another could only be avoided by violating the law
 Not a defense to intentional murder

62
Q

Necessity (specific defense)

elements

A

 Natural forces of nature (not human actions) caused need to commit what otherwise would be a crime
 Not a defense if D set the natural forces in motion or if there was a non-criminal alternative

63
Q

Consent (specific defense)

elements

A

 Not a defense unless:
o Consent negates required element of crime or
o Precludes harm sought to be avoided by crime
 Consent must be:
o Voluntary
o Involve no fraud
o Be given by one who is competent to consent

64
Q

Entrapment (specific defense)

elements

A

 Criminal offense planned and induced by police/government agent
 D was not predisposed to commit crime

2 - Criminal Law (3 decks)

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