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Bar Exam Prep > NC Criminal Law > Flashcards

NC Criminal Law Flashcards

1
Q

“Year and a Day” Rule

A

Under common law, if a person died a year and a day after the conduct that caused the death, not murder.

NC has abolished this rule.

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2
Q

First Degree Murder

A

Three ways to get First Degree Murder

  1. Premeditation + Deliberation
  2. Special Means
  3. Felony Murder

Premeditation (Quantity of Thought): Need not last any perceptible amount of time, so long as a “fixed design to kill” develops.

Deliberation (Quality of Thought): A state of mind undisturbed by hot blood, i.e. not overcome by emotion when decision to kill is made.

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3
Q

Special Means for First Degree Murder

A
  1. Nukes, Chemical or Bio WMDs
  2. Poison
  3. Lying in Wait
  4. Imprisonment
  5. Starving
  6. Torture
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4
Q

Second Degree Murder

A

All murders that are not First Degree. Requires:

Killing + Malice

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5
Q

Malice

A

Can be express or implied.

Express Malice: An intent to kill

Implied Malice: Inherently dangerous act or omission manifesting an utter disregard for human life (i.e. depraved heart murder)

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6
Q

Voluntary Manslaughter

A

NC Common Law defines as mitigated murder. Can result from either:

Adequate Provocation

  1. Unlawful Restraint
  2. Assault
  3. Adultery (must catch in act or clear just completed)

Imperfect Self Defense

  1. Excessive/disproportionate force
  2. D started fight then unintentionally killed
  3. Honest but unreasonable belief deadly force needed
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7
Q

Involuntary Manslaughter

A

Unintentional Killing + No Malice

Resulting from:

  1. Nonfelonious unlawful act (i.e. speeding)
  2. Light blow to eggshell victim
  3. Criminal Negligence
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8
Q

Criminal Negligence

A

Recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others.

Crim Neg is more than civil neg but less than Malice

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9
Q

Felony Murder

A

A murder committed in the perpetration (or attempt) of:

  1. Burglary
  2. Arson
  3. Rape / Sex Offense
  4. Robbery
  5. Kidnapping

Also includes ANY felony/attempted felony with a deadly weapon (liberally interpreted in NC).

Sale of controlled substance = deadly weapon in NC.

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10
Q

Battery

A

NC Common Law = Unlawful Physical Touching

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11
Q

Assault

A

Attempted / Successful Battery; OR

A “show of violence” that must cause:

  1. a reasonable apprehension of immediate bodily harm; AND
  2. must also cause victim to engage in a course of action they otherwise would not have followed.
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12
Q

Aggravated Assault

A

Harsher punishment under NC law for certain kinds of assaults. Generally the spectrum is:

Assault<awdw></awdw>

<p>
<span>Generally, aggravation is caused by assaults against women/children/invalids ("Life Boat Rule") or government workers.</span></p>

<ul>
<li>
Male D over 18 v. any female</li>
<li>
D v. child under 12</li>
<li>
D v. school employee / volunteer during school-sponsored activity</li>
<li>
D v. public transit worker</li>
<li>
D v. company or campus police officer</li>
<li>
D v. handicapped person</li>
</ul>

</awdw>

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13
Q

Mayhem

A

Under NC law it is illegalto engage in:

  1. castration
  2. maiming
  3. disfiguring; or
  4. thowing acid/alkaline on someone
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14
Q

False Imprisonment

A

NC follows Common Law

  1. Intentionally and unlawfully
  2. Restrained or detained another person
  3. Without their consent

Note: False imprisonment is a lesser included offense to kidnapping!

Note: Shopkeeper’s Privilege in NC requires PROBABLE CAUSE, not just reasonable suspicion of theft.

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15
Q

Kidnapping

A

False imprisonment for a “certain purpose”

NO MOVEMENT REQUIRED

Certain Purposes are:

  1. Holding for ransom/hostage/shield;
  2. Facilitating other felony or flight therefrom;
  3. Serious bodily harm to or terrorizing victim; or
  4. Holding victim in involuntary servitude
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16
Q

First and Second Degree Kidnapping

A

First-degree occurs when the Victim is:

  1. not released in a safe place;
  2. seriously injured; or
  3. sexually assaulted

ALL other kidnappings are second-degree.

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17
Q

Rape

A

Involves Penis to Vagina Penetration ONLY

ALL other sex acts => Sex Offenses, not “Rape”

18
Q

First Degree Rape

A

Penis/Vagina by force w/o consent AND actor:

  1. Used or displayed a dangerous or deadly weapon (or something that a reasonable person would believe was one); or
  2. Inflicts serious personal injury (mental or physical) to the victim or another person; or
  3. Had a helper.

Also first degree rape if V a child under age of 13 and D is at least 12 yo AND at least 4 years older than V.

19
Q

Second Degree Rape

A

Penis/Vagina by force and without consent; OR

When D knew or should have known that V was:

  1. mentally disabled
  2. mentally incapacitated; or
  3. physically helpless
20
Q

Statutory Rape

A

D has vaginal sex or engages in sexual act with V who is 13-15yo and D is at least six years older.

Exception: D and V are lawfully married

Lesser Sentence: if D between 4-6 years older than V.

MISTAKE OF AGE IS NOT A DEFENSE!

21
Q

Larceny

A
  1. Trespassory taking and carrying away
  2. of the tangible property of another
  3. with intent to permanently deprive

Felonious if:

  1. Over $1000 stolen;
  2. Pursuant to Burglary or B&E;
  3. Steal gun or explosive; or
  4. steal from the person (i.e. pickpocketing)
22
Q

Doctrine of Recent Possession

A

In NC, if found in possession of stolen goods that were recently the subject of a theft, permits inference that you stole them.

23
Q

Lost Property Rule

A

Where there is a reasonable means of ascertaining the owner of lost property, it can’t be taken and kept for personal use.

24
Q

Embezzlement

A
  1. D fraudulently or knowingly and willingly misapplied or converted the property of another;
  2. That had been entrusted to D;
  3. For a purpose other than the one for which D received it.
25
Q

Robbery

A

NC recognizes two forms of robbery

  1. Common Law Robbery: Larceny from person or presence of a person by violence or intimidation.
  2. Armed Robbery: Commit (or attempt) larceny from the person or presence of a person, by use of a firearm or dangerous weapon.
26
Q

False Pretenses

A

a. false representation of a fact or regarding a future fulfillment or event;
b. made with intent to deceive;
c. actually does deceive; and
d. obtain or attempt to obtain something of value

NC Distinction Note: NO need for title to pass! Creates overlap in NC between False Pretenses and Larceny by Trick.

Passing a bad check for property = False Pretenses!

27
Q

Burglary

A

North Carolina defines burglary as:

  1. B&E of the dwelling house of another;
  2. at night;
  3. with intent to commit a felony (or any larceny) at time of entry;

Use of fraud, deceit, or intimidation to gain entry = “constructive breaking”

Entry of tool can = entry, UNLESS the tool is inserted solely for the purpose of breaking.

First Degree = Occupied / Second Degree = Not

28
Q

Arson

A

Modified Common Law

Arson is the malicious burning

of the dwelling

of another.

1st Deg = Occupied (even if killed first)

2nd Deg = Unoccupied

29
Q

Solicitation

A

Common law offense: Enticing, advising, inciting, inducing, urging, or otherwise encouraging another to commit a felony or breach of the peace.

Under NC law, solicitation of a felony punished two classes lower than the solicited crime.

Solicitation of misdemeanor assault or misdemeanor obstruction of justice = class 3 misdemeanor.

30
Q

Attempt

A

Two elements:

1) A specific intent to bring about a criminal result; and
2) A significant overt act in furtherance of that event.

Attempt merges into the completed crime once committed.

NC requires more than mere prep, must commence a chain of events likely to end in consummation.

NC attempted murder by definition must be first-degree, because otherwise requisite mental state lacking.

NC attempted voluntary manslaughter where intent to kill but mitigated by adequate provocation.

31
Q

Conspiracy

A

NC follows common law rule definition

NO overt act required!

Conspiracy is complete upon agreement

Punishable one class lower than planned crime.

32
Q

Aiding and Abetting

A

NC follows common law

Treats those who:

aid and abet, or

act in concert

as PRINCIPALS to the crime

33
Q

Accessory After the Fact

A

Stand-alone crime in NC

1) Knowingly assist another to escape detection, arrest, or punishment;
2) For a felony already committed.

“Knowingly assist” means knowledge that felony was committed.

34
Q

Possessory Offenses

A

Possession may be actual or constructive

Constructive possession requires a showing of D’s power and intent to control disposition.

Totality of the Circumstances Test

Nonexclusive possession of premises, absent other factors, is insufficient to prove consructive possession.

35
Q

Defense of Insanity

A

M’Naghten Test: D must prove that at time crime was committed, D did not know the nature of the act or did not know that it was wrong.

D must prove insanity “to the satisfaction of the jury.”

Jury must be informed that a finding of not guilty by insanity does NOT mean release, but will require D to be held until civil commitment proceedings determine whether D should be confined to state hospital.

36
Q

Defense of Infancy

A
37
Q

Self-Defense

(Non-Deadly Force)

A

Jury decides reasonableness of D’s action

Standard is if a person of ordinary firmness would have believed force was necessary

In a non-deadly assault, D may only exchange blows.

38
Q

Self-Defense

(Deadly Force)

A

NC only permits use of deadly force in response to an actual deadly assault.

Fear someone is about to commit assault is insufficient.

Must be for self or a family member, no 3rd parties

39
Q

Defense of Home or Habitation

A

May use deadly force to defend home or habitation against another person attempting unauthorized entry

IF

1) you reasonably believe there is danger of death or bodily harm; or
2) you readonably believe entering person intends to commit a felony

40
Q

Duty to Retreat

A

There is NO duty to retreat under NC law unless the assault responded to is non-felonious.

There is never a need to retreat from your home or business, regardless of the character of the assault.

41
Q

Imperfect Self-Defense

A

Where V unreasonably uses deadly force; or

The initial victim escalates the altercation to deadly force and initial aggressor ends up killing them.

42
Q

Defense of Entrapment

A

1) But for law enforcement’s misrepresentation, trickery, persuasion, or fraud, he would not have committed the offense

(b/c the criminal intent and design originates in the mind of one other than the D)

AND

2) D was not predisposed to commit the offense.

A clear distinction is to be drawn between inducing a person to commit a crime he did not contemplate doing, and the setting of a trap to catch him in the execution of a crime of his own conception.

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