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Criminal Law > General Topics > Flashcards

General Topics Flashcards

1
Q

Felonies

A

Crimes that are punishable with imprisonment for more than a year.

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2
Q

Felonies at CL

A

Burglary, Arson, Robbery, Rape, Larceny, Murder, Manslaughter, and Mayhem

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3
Q

Misdemeanor

A

Crimes that are punishable for imprisonment that is less than a year or fine only.

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4
Q

Malum prohibitum

A

Criminal conduct that is wrongful only because it violates a statute.

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5
Q

Malum in se

A

Conduct that is deemed inherently wrongful.

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6
Q

Specific Intent Crime

A

When D’s guilt requires proof that D intended to bring about a specifically prohibited harm. Includes acts done purposefully or knowingly.

-Nullified by an honest but unreasonable mistake of fact or by voluntary intoxication.

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7
Q

Types of specific intent crimes

A
  • Attempt
  • Assault
  • Burglary
  • Conspiracy
  • Embezzlement
  • False Pretenses
  • Forgery
  • Intent-to-Kill Murder
  • Larceny
  • Robbery
  • Solicitation
  • Voluntary Manslaughter
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8
Q

General Intent Crime

A

When D’s guilt requires proof that D committed criminal act while possessing a generally bad state of mind. Includes reckless and negligent states of mind. Nullified by an honest and reasonable mistake of fact.

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9
Q

Criminal Negligence

A

Negligence that causes a greater risk of harm than ordinary negligence or ordinary negligence that occurs where D is consciously aware of the risk.

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10
Q

Types of General Intent Crimes

A
  • Battery
  • Rape
  • Kidnapping
  • Involuntary Manslaughter
  • Depraved-Heart Murder
  • False Imprisonment
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11
Q

Strict Liability (SL) Crime

A

When Ds guilt only requires proof that the D voluntarily engaged in conduct that is prohibited by statute.

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12
Q

Types of SL Crimes

A
  • Regulatory offenses (e.g. traffic violations, vehicle offenses, or admin statutes)
  • Public welfare offenses (e.g. selling alcohol to minors, regulations of firearms or drugs)
  • Morality crimes (e.g. statutory rape or bigamy)
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13
Q

Determining if Something Is a SL Crime

A

Overall, if it is not clear, as a general rule, the stricter the penalty is for an offense –> the less likely it is to be considered a SL offense.

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14
Q

Malice Crime

A

A crime in which the D acts intentionally or with reckless disregard of an obvious or known risk that the particular harmful result will occur. Includes arson and CL murder.

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15
Q

Elements of Crime

A

Include:

  • Mens Rea
  • Actus Reus
  • Causation
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16
Q

Actus Reus (Guilty Act)

A

Generally, a P will satisfy this element by showing that the D committed the guilty act voluntarily.

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17
Q

Habits v. Reflexes

A

Habitual acts that one is simply aware of are considered voluntary. But acts that are reflexive are deemed involuntary and are insufficient to satisfy this element.

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18
Q

Reflexes & Sleepwalking

A

Lack volition, so they are not considered criminal acts.

19
Q

Bad Thoughts

A

Mere bad thoughts unaccompanied by action will always be insufficient to satisfy this element.

20
Q

Conditioned Responses

A

A conditioned response still satisfies the volition requirement and is thus a voluntary act.

21
Q

Voluntary Omissions

A

In rare instances, a P will satisfy the actus reus element of a crime by showing a D’s voluntary omission if:

  • D had legal duty to act and
  • Physical ability to perform the act.
22
Q

When There Might Be a Legal Duty to Act

A
  • Statute (e.g. law enforcement)
  • K (e.g. lifeguard/nursing home)
  • Relationship (parent or spouse)
  • When someone has created a risk of peril to another
  • Where a voluntary undertaking has begun (unreasonable abandonment)
23
Q

Mens Rea (Guilty Mind)

A

Except for SL crimes, a P must show that the D acted with a guilty mind.

24
Q

Concurrence of Mens Rea & Actus Reus

A

There must be a showing that the guilty act occurred while the D had the requisite guilty mind.

25
Q

Types of Mens Rea

A
  • Purposely
  • Knowingly
  • Intentionally
  • Willfully
  • Recklessly
  • Criminally Negligent
26
Q

Mens Rea (Purposely)

A

Conscious motivation or desire to bring about a specific result.

27
Q

Mens Rea (Knowingly)

A

Knowledge or substantial certainty that act will produce a certain result.

28
Q

Mens Rea (Intentionally)

A

Purposely or knowingly

29
Q

Mens Rea (Willfully)

A

Purposely or knowingly and with moral turpitude.

30
Q

Mens Rea (Criminal Negligence)

A

When one creates an unjustifiable risk without subjective awareness that they are doing so, but a reasonable person would have been aware of the risk.

31
Q

Mens Rea (Recklessly)

A

When one is aware that their conduct creates an unjustifiable risk, but ignores that risk and engages in the conduct anyway.

32
Q

Transferred Intent

A

When a D intends criminal conduct against one party but instead harms another party. Can satisfy the mens rea element of the crime committed against actual V.

33
Q

Transferred Intent (Completed Crimes v. Attempt Crimes)

A

Transferred intent only applies to completed crimes, not to attempt crimes. Therefore, one can be liable for completed crime and attempted crime against intended victim.

34
Q

Causation

A

For crimes that require a specific prohibited harm –> the Ds conduct must be both actual and proximate cause of the harm.

35
Q

Actual Causation (Tests)

A

Includes:

  • But-for Causation
  • Substantial Factor Test
  • Acceleration of Result
36
Q

But-For Causation

A

But for the Ds actions, the criminal result would not have occurred.

37
Q

Substantial Factor Test

A

Ds act was a substantial factor causing the criminal result (important when there are multiple causes).

38
Q

Acceleration of Result

A

When a Ds conduct speeds up or hastens an inevitable death, even by a very brief amount of time, the D is considered an actual cause of a Vs death.

39
Q

Proximate Causation

A

For criminal negligence or recklessness –> resultant harm must have been within the risk created by Ds conduct.

For crimes involving intent to bring about a prohibited result –> resultant harm must have been sufficiently similar to that which was intended.

40
Q

Intervening Causes

A

Their impact on proximate causation can depend on whether the intervening cause is foreseeable or unforeseeable.

41
Q

Foreseeable Intervening Causes

A

If an intervening cause is foreseeable –> it is not superseding and the D remains criminally responsible.

42
Q

Types of Foreseeable Intervening Causes

A
  • A 3rd party’s ordinary negligence
  • A Vs special sensitivities or vulnerabilities, even if unknown to the D
  • Conduct by a V or 3rd party that is dependent on or responsive to the Ds conduct, so long as it is not an abnormal response.
43
Q

Unforeseeable Intervening Causes

A

Are superseding (relieve the D of criminal responsibility).

44
Q

Types of Unforeseeable Intervening Causes

A
  • A 3rd party’s criminally negligent or reckless conduct

- Conduct by a V or 3rd party that is coincidental or indep of the Ds conduct unless they are foreseeable

Criminal Law (8 decks)

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