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Shit to Remember: Bar Prep > Crim Law > Flashcards

Crim Law Flashcards

1
Q

Federal Jurisdiction

A

Anywhere inside the boundaries of the US (including territories); ships and planes on the high air/seas; committed by US nationals abroad

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2
Q

State Jurisdiction

A

Crimes occurring whole or in part inside the state, conduct outside the state involved attempt to commit a crime w/in the state, or conspiracy if overt act occurred w/in the state

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3
Q

Actus Reus

A

Physical act w/in the world (including speech); must be voluntary; failure to act can be sufficient (statutory duty, special relationship, voluntarily assuming duty of care, D causes peril and fails to mitigate harm)

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4
Q

Mens Rea: Common Law (4 levels)

A

SPECIFIC INTENT

MALICE

STRICT LIABILITY

GENERAL INTENT

TIP: “With intent to…” = specific intent crime; “Knowingly or recklessly ….” = General intent crime; no MR language, consider strict liability

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5
Q

Mens Rea: MPC (4 levels)

A

(1) PURPOSELY
D’s conscious objective is to engage in conduct or cause a certain result

(2) KNOWINGLY OR WILLFULLY
D aware conduct is unlawful in nature and that result is practically certain to occur based on conduct.

(3) RECKLESSLY
D acts w/conscious disregard of substantial and unjustifiable risk that constitutes gross deviation from standard of conduct of law-abiding person.

(4) NEGLIGENTLY
D should be aware of substantial and unjustifiable risk and acts in way that grossly deviates from standard of care of reasonable person in same situation.

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6
Q

Mens Rea: Accomplices

A

MAJORITY + MPC
Accomplice must act w/purpose of promoting or facilitating commission of offense and intend that acts will assist or encourage criminal conduct

MINORITY
A liable if intentionally or knowingly aids or causes another person to commit an offense

CRIMINAL FACILITATION (Majority)
person who’s not guilty of substantive crime may be guilty of lesser offense for simply assisting

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7
Q

Transferred Intent

A

Only applies to completed crimes

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8
Q

Merger (2 categories)

A

(1) Lesser-included offenses and
(2) merger of solicitation/attempt and completed offense

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9
Q

Types of Defendants (3 types)

A

PRINCIPALS
Commits AR giving rise to offense

ACCOMPLICES
Assist principle b/f or during commission of crime. Liable for planned and foreseeable resulting crime.

ACCESSORIES AFTER THE FACT:
Assists after crime committed

Aider/abettors can also be guilty of conspiracy

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10
Q

Defenses: Children

A

Under 7: never capable
7-14: rebuttably presumed incapable
14+: can be charged as adults

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11
Q

Defenses: Mistakes

A

MISTAKE OF LAW
Usually No

MISTAKE OF FACT

Strict Liability: Never

General Intent: must be reasonable and goes to criminal intent

Specific Intent: Only question is whether D held mistaken belief (reasonableness not considered)

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12
Q

Defenses: Insanity (4 possible rules)

A

B/c of mental disease or defect

M’Naghten
D either didn’t know nature of act or act was wrong

MPC
D didn’t have substantial capacity to appreciate wrongfulness of actions or conform conduct to law.

Irresistible Impulse
D has mental disease or defect that prevents D from controlling themselves

Durham Rule
D wouldn’t have committed crime but/for mental disease or defect

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13
Q

Defenses: intoxication

A

Voluntary: only for specific intent. Not valid if D got intoxicated in order to commit crime

Involuntary: Yea

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14
Q

Self-Defense: Deadly Force

A

Reasonable belief that deadly force will be used against them, or under MPC, reasonably crime will result in serious bodily injury

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15
Q

Self-Defense: Non-deadly Force

A

Any time reasonably fears threat of imminent unlawful harm

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16
Q

Defense of Others

A

Same right to defend others against crime you have right to defend yourself from

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17
Q

Defense of Property

A

Only non-deadly force

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18
Q

Defense: Duress

A

Must be threat of death or serious bodily harm; not defense for intentional murder

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19
Q

Defense: Necessity

A

In response to natural forces; lesser of two evils.

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20
Q

Conspiracy Elements

A

Common Law: agreement btwn 2+ people to commit unlawful act

Modern: adds performance of overt act in furtherance of conspiracy to the common law elements

MPC: only D must actually agree to commit the unlawful act

Agreement can be explicit or implicit

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21
Q

Conspiracy: Scope

A

Common law: Can convict co-conspirators of conspiracy and substantive crimes committed by other conspirators in furtherance of conspiracy

Tupes: Chain Conspiracy and Spoke-Hub Conspiracy

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22
Q

Conspiracy: Withdrawal

A

Common law – impossible

Federal and MPC – can withdraw before commission of overt act by telling co-conspirators they’re withdrawing or informing law enforcement; After commission, can only withdraw by helping to thwart conspiracy

23
Q

Attempt

A

(1) Specific intent to commit a particular criminal act + (2) substantial step towards perpetrating crime

24
Q

Solicitation

A

Individual intentionally invites, requests, or commands another person to commit a crime. If person agrees, then b/comes a conspiracy

25
Q

Homicide: Causation

A

Actual: Victim would not have died but/for what D did

Proximate: D’s act is foreseeable cause of victim’s death

26
Q

First-Degree Murder

A

Question will generally tell you if First-degree murder, if not, assume common law

Deliberate and premeditated murder or killing resulting during commission of BARRK felony

27
Q

BARRK

A

Burglary
Arson
Robbery
Rape
Kidnapping

28
Q

Common-Law Murder (4 levels)

A

Unlawful killing committed w/malice aforethought

Intent to Kill
Intent to Inflict Serious Bodily Harm
Malignant or Depraved Heart
Felony

29
Q

Common-Law Murder: Intent to Kill

A

D acted w/desire V end up dead

30
Q

Common Law Murder: Intent to Inflict Serious Bodily Harm

A

D intended to hurt V badly and V died

31
Q

Common Law Murder: Malignant or Depraved Heart

A

D acted w/disregard for human life; must realize conduct is risky but doesn’t need to have intent regarding outcome; Majority and MPC – D must actually realize danger; Minority – reasonable person

32
Q

Common Law Murder: Felony

A

BARRK

Majority – agency theory; D only responsible for crimes of their “agents”;

Minority – Third parties killed by resister or police; Co-felon deaths don’t count.

33
Q

Voluntary Manslaughter

A

“Heat of passion” or “under extreme emotional disturbance”
Test: Is the situation one in which most would act w/o thinking and cool-off period

34
Q

Involuntary Manslaughter

A

Criminally negligent – V dies while D is committing crime other than BARRK

35
Q

Larceny

A

(1) Taking (2) another person’s property (3) w/o their consent (trespassory) (4) w/intent to deprive them of it permanently

36
Q

Embezzlement

A

D starts out having V’s consent to property but converts the property to D’s own use

37
Q

False Pretenses

A

D obtains title to s/one else’s property through act of deception

38
Q

Larceny by trick

A

D fraudulently induces V to deliver possession (not title) of property to D

39
Q

Theft

A

Under MPC and many jurisdictions, larceny, embezzlement, false pretenses, and larceny by trick are all treated as single statutory crime of theft (tangible and intangible)

40
Q

Robbery

A

Larceny+assault

41
Q

Extortion

A

Variation of Robbery involving threats of future harm

42
Q

Burglary (Common Law and MPC)

A

Common Law
Breaking and entering the dwelling of another at night w/specific intent to commit a felony inside

MPC
Breaking and entering the property of another w/specific intent to commit felony inside

43
Q

Battery

A

Unlawful application of force to another person causing bodily harm OR offensive touching

44
Q

Assault ( 2 types)

A

Attempted Battery
D takes substantial attempt toward completing batter but fails; Specific intent crime

Fear of Harm
Intentionally placing another in fear of imminent bodily harm; general intent

45
Q

Rape

A

Common law
Unlawful sexual intercourse with a female against her will by force or threat of force; general intent

Majority
Gender neutral; require lack of consent rather than force; general intent

Statutory
Strict liability

46
Q

Kidnapping

A

Unlawful confinement of another person against that person’s will either by moving or hiding them; if no moving or hiding then false imprisonment.

47
Q

Arson

A

Malicious (intent to act in way that’ll cause burning or substantially likely to do so) burning of another person’s dwelling (modern allows for commercial buildings as well)

48
Q

Perjury

A

Willful act of falsely promising to tell the truth about material matters. Must know what they’re saying is false, must intend to say s/thing false, and falsity must be material

49
Q

Bribery

A

Common Law
Corrupt payment for purposes of influencing official in discharge of official duties

Modern Law
Allows bribery charge even if person being bribed isn’t public official

50
Q

Common Law Mens Rea
Specific Intent

A

Specific Intent: D committed AR and did it for the very purpose of causing the result the law criminalizes –> FIAT crimes (First-degree murder, Inchoate crimes, Assault w/attempt to commit battery, Theft)

51
Q

Common Law Mens Rea
Malice

A

Arson and Murder –> exists when D acts in a reckless disregard of high degree of harm. D realizes risk and acts anyways.

52
Q

Common Law Mens Rea
Strict Liability

A

No state of mind requirement, just need AR –> (1) Statutory/Regulatory offenses; (2) Morals offenses

53
Q

Common Law Mens Rea
General Intent

A

GENERAL INTENT
Catchall category. Only requires that there is intent to perform the act and the act is unlawful.

54
Q

What do you ask to determine whether D is competent to stand trial/plead guilty?

A
  1. Whether the defendant comprehends the nature of the proceedings against him; and
  2. Whether the defendant has the ability to consult with a lawyer with a reasonable
    degree of rational understanding.

Shit to Remember: Bar Prep (8 decks)

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