Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal Law - Mid-Term Law School Review > Midterm Review Key Points > Flashcards

Midterm Review Key Points Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

Is “Substantial Factor” in homicide an alternative to “but for” actual cause?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Can you give an example of a substantial factor (multiple sufficient cause) situation in homicide?

A

Ed’s example of two people, unknown to each other, intending to kill someone at a party. One walks up and shoots the victim, the other stabs the victim. Both would have resulted in death, by themselves, so “but for” does not work.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What three crimes constitute Wanton conduct per se?

A

Russian Roulette
Shooting into an occupied structure or vehicle
Engaging in a shootout with police

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

For the essay, if Wanton conduct is NOT one of the per se examples, say “if the court does not find that this is wanton conduct, it may be reckless conduct” and then go into involuntary manslaughter. Correct?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Be careful on wanton conduct - just a felony (including robbery) does NOT amount to wanton conduct INCLUDING and especially using an unloaded or toy gun. How can there be a HIGH RISK of death with a toy or unloaded gun? Correct?

A

Correct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What felonies cannot be used for felony-murder under the merger doctrine?

A 
Assault with a deadly weapon
Aggrivated assault 
Aggravated battery 
Murder 
Manslaughter
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

For the essay, if the predicate felony is not collateral or independent, you would say, “these cannot be used because they are not independent or collateral and they merge into the killing itself.” Correct?

A

Correct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

For Expanded Redline, it means that if an innocent person dies at the hands of another innocent person, the felons are NOT liable under felony murder. Correct?

A

Correct

Basically, it means that a felon is NOT liable for felony murder if a co-felon dies at the hands of a resisting victim or innocent third party (redline) AND NOT liable if an innocent person dies at the hands of another innocent person (expanded redline).

Under expanded redline, a felon can ONLY be liable (in an expanded redline jurisdiction) for felony murder if an innocent person is killed by a felon.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

If felony-murder shows up on an essay, and an innocent person is killed by an innocent person, you would say the following:

“However, if this jurisdiction does not follow the expanded redline view, then the defendant is guilty of felony murder.

“If they do follow the expanded redline view, then the next best theory would be involuntary manslaughter.” And THEN define and go into involuntary manslaughter. Correct?

A

Correct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Under Involuntary Manslaughter, what two examples are passion/provocation per se?

A

Adultery and staggering blow are passion/provocation per se and will almost always satisfy passion and provocation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Is “unreasonable” mistake a defense to manslaughter?

A

Unreasonable mistake is NO defense to manslaughter.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Under Involuntary Manslaughter, can you discuss the two components of imperfect self defense?

A

1 If the defendant started the altercation and never regained the priviledge to use force (and killed the other person).

  1. Defendant unreasonably, but honestly, believed in necessity of using force.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

For murder, mental illness (short of insanity) and voluntary intoxication will NOT mitigate to manslaughter. Correct?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Are all felony’s at common law MRMRSLAMB general intent crimes?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are examples of specific intent crimes?

A

Strict liability crimes include:
Selling liquor to minors
Statutory rape
Parking tickets

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Can Specific intent crimes have a “reasonable or unreasonable mistake of facts” or “voluntary intoxication” defense?

A

Yes, specific intent is a fragile mental state. Many defenses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Is intoxication (being too drunk )to premeditate or deliberate a defense to first degree murder?

A

Yes

18
Q

Is murder a malice crime?

A

Yes

19
Q

And first degree murder is a specific intent crime?

A

Yes

20
Q

Do specific intent crimes include SAC crimes?

A

Yes

21
Q

Is intoxication a defense to malice crimes?

A

No

22
Q

Are ALL theft crimes specific intent?

A

Yes

23
Q

Is burglary a specific intent crime?

A

Yes

24
Q

What crimes are malice crimes?

A

Murder
Arson
Mayhem

25
Q

For malice crimes, “unreasonable mistake of facts” don’t work. Only “reasonable” mistake of fact.

A

Correct

26
Q

What crimes are general intent?

A 
Manslaughter 
Rape 
Battery 
Kidnapping 
False imprisonment
27
Q

Burglary - make sure the evil mind caused the evil act. Be careful on burglary. Correct?

A

Yes

28
Q

For burglary, will opening a medicine cabinet or wall safe satisfy the interior door doctrine?

A

Yes

29
Q

Can the trespassory element of burglary be implied from the act of breaking (opening) and entering (crossing a threshold). Even if the occupant has a key?

A

Yes

30
Q

For burglary, once the person crosses over the threshold with the requisite men’s rea, the burglary is COMPLETE. This INCLUDES EVEN JUST THEIR HAND. Correct?

A

Yes

31
Q

Burglary WRONG ANSWER ALERT - it DOES NOT have to be the persons PRIMARY residence. ONLY a residence used REGULARLY. Often asked as a TRICK question. EVEN a cabin you haven’t been to IN YEARS. It is still a dwelling house. Correct?

A

Yes

32
Q

Dwelling house - while you cannot commit a burglary of your own house, you CAN commit a burglary if you have a roommate and enter their bedroom. Their bedroom becomes the threshold. Correct?

A

Correct

33
Q

Nighttime - watch this, if it doesn’t say “one night” or “at night” it CANNOT BE common law burglary. Correct?

A

Correct

34
Q

MODERN burglary includes structures other than dwellings - even a Salvation Army drop box. Correct?

A

Correct

35
Q

For arson, the “fiber of the wood” means the STRUCTURE. There MUST be damage to the STRUCTURE. Correct?

A

Yes

36
Q

Watch for the word CHARRED. If it says charred, you’re good to go. There’s a burning. Correct?

A

Yes

37
Q

Arson is a crime of habitation, not ownership. If a renter burns his own rental, it’s NOT arson. If you own it and rent it and YOU burn it, it IS arson. Correct?

A

Yes

38
Q

Common TEST TRAP, for Arson. They will say it is a specific intent crime. IT IS NOT. It is a MALICE crime. Correct?

A

Correct

39
Q

Watch for Arson TEST TRAP, reckless disregard for an obvious risk. This is MALICE. Intent to burn or the burning occurred “because of a reckless disregard for an obvious risk.” Correct?

A

Correct

40
Q

NO FAULT SELF DEFENSE TEST TRAP - “he’s liable because he could have retreated safely”. There is NO DUTY TO RETREAT in self defense, even if deadly force is necessary. ALSO, YOU DO NOT have to be in your own HOME. It makes NO difference. Correct?

A

Correct

Criminal Law - Mid-Term Law School Review (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions