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UBE > Crim Law > Flashcards

Crim Law Flashcards

1
Q

When can a judge instruct the jury on a lesser included offense?

Note: D not charged with lesser included offense?

A

Court can instruct jury on a lesser included offense if––based on E presented at trial––a rational jury could acquit the D of the higher charged offense, but convict the D of the lesser offense

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2
Q

Which inchoate crimes merger?

A

only solicitation & attempt

*Conspiracy does not merge

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3
Q

Solicitation

A
  1. enticed, encouraged, commanded
  2. another to commit a crime
  3. SI that the person commit the crime
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4
Q

Conspiracy – Modern/Majority/MPC

A

Unilateral approach

  1. < 1 person
  2. specifically intends to enter
  3. into an K; and
  4. an overt act was committed
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5
Q

Conspiracy – CL/ Minority

A

Bilateral

  1. 2+ people
  2. specifically intent
  3. to enter into a K

*no overt act needed

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6
Q

Attempt – Act (2 types)

A

CL –Dangerous Proximity Test

Majority/MPC – Substantial Step Test

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7
Q

Dangerous Proximity Test

A

CL test for an “act” under attempt

D performs act sufficiently close to completing crime (must exceed early steps of planning)

EX:
- act necessary for crime’s success;
- act close in time or physical proximity to crime

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8
Q

Substantial Step Test

A

Maj/MPC test for “act” for attempt

D’s conduct exceeds:
1. mere prep
2. strongly corroborates D’s
3. criminal intent

EX:
- surveilling place where crime is to occur

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9
Q

Accessory After the Fact

A
  1. Knows principal committed a felony
  2. Aided/assisted the P after felony committed; and
  3. did so for specific purpose of
  4. helping P
  5. Avoid arrest or conviction

Only G for separate crime – “obstruction of justice” “harboring fugitive”

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10
Q

Accomplice v. Accessory After the Fact

A

Accomplice either helps or encourages Principal with the intent that P will commit the crime

Accessory After the Fact – helping after the crime is done
- includes if he was the getaway driver (didnt know abt crime), then sees crime happen, and still drive P away to safety

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11
Q

Exigent Circumstances

A

Exigent Circumstances – exception that justifies a warrantless police conduct when they have PC to believe that one of the following exists:

  1. Imminent threat E will be destroyed
  2. Hot pursuit – suspect feeling after felony occurred
  3. Emergency aid – immediate threat of harm to PO and/or public
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12
Q

SAD SPACES

A

Exceptions to a warrantless search:

  1. Search incident to valid arrest
  2. Admin search of highly regulated industry
  3. Stop and Frisk
  4. Plain View Doctrine
  5. Automobile Exception
  6. Consent
  7. Exigent Circumstances
  8. Special Govt purposes
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13
Q

Does the exigent circ exception apply when homeowner tells police not to enter [to save them].

A

YES – PO can still enter w/o 4A violation if the HO unequivocally invokes right to a warrant!

If the HO is in danger, PO can enter if they. have an objection reasonable belief that the person needs emergency aid

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14
Q

Robbery v. Armed Robbery

A

Robbery – threatful taking

Armed Robbery – armed threatful taking

Need SI to commit each

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15
Q

Murder – CL

A

Unlawful killing by a human committed w/ malice aforethought:

  1. intent to kill
  2. intent to cause serious bodily harm
  3. depraved heart murder
  4. Felony Murder
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16
Q

Voluntary Manslaughter

A

Intentional killing mitigated by either:

  1. Adequate Provocation – heat of passion
    - no time to cool off
  2. Imperfect Self-Defense
    - D started altercation or unreasonably believed it necessary to use deadly force
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17
Q

Involuntary Manslaughter

A

Unintentional killing either:

  1. Caused by criminal negligence (or recklessness under MPC), that put person in significant risk of harm
  2. Unlawful Act – killing committed during commission of:
    (a) malum in se MisD (assault, battery); or
    (b) felony not treated as 1st or 2nd degree murder

(ie, misD manslaughter; act willfully or constituted crim neg)

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18
Q

Constitutionally Protected Areas

A

areas protected from unlawful 4A search

  1. body
  2. house
  3. papers
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19
Q

Special Govt Purpose

A

Exception to warrantless search/seizure

typically involves situations where the government has a compelling interest or a specific need related to public safety, law enforcement, or national security.

ie, needing to get DNA swabs from arrestees

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20
Q

6A Ineffective Assitance of Counsel

A

D can have conviction overturned by showing:

  1. Deficient Performance – atty’s rep fell below objective profession standard of reasonableness; and
  2. Prejudice – reasonable probably that outcome would be different but for deficiency
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21
Q

Atty Duty to Investigate – capital case

A

6A – IAC

If atty is repping D in capital offense –> has duty to conduct reasonable investigation to determine if there are mitigating facts for penalty phase that may lead to diff outcome

failure to do so –> deficient performance

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22
Q

“maybe I need a lawyer,” said D during interrogation. Does this trigger 5A R2C?

A

No –request for counsel was not unequivocal and explicit, so PO can continue interrogation w/o 5A violation

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23
Q

Use of Deadly Force – Self Defense

A
  1. actual + reasonable belief of imminent serious harm or death
  2. deadly force necessary to prevent harm
  3. not initial aggressor

MAJ* – no duty to retreat
MIN – duty to retreat, unless at home

*maj is default

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24
Q

Attempted Murder

A

D has:
1. SI to commit murder

  1. committed an act in furtherance of murder
  2. did not complete the murder

Once act occurs, D can be convicted of attempt, even if result was factually impossible

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25
Q

Agency Theory of FM

A

majority rule

  1. D is only responsible
  2. for deaths caused
  3. D’s agents (ie cofelons)

not responsible for deaths by PO or TP

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26
Q

FM – Proximate Cause Theory

A

Minority

  1. D is responsible
  2. for deaths
  3. caused by any person
  4. that is the natural & probable consequence
  5. of the felony
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27
Q

Larceny

A

SI

  1. trespassory (w/o consent)
  2. taking
  3. moving
  4. of another’s personal property
  5. w/ SI to dispossess permanently

Once property taken & moved (even slightly), change of heart is not a defense

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28
Q

Arson

A

Malice crime

  1. malicious
  2. burning
  3. of a dwelling*
  4. of another

*CL requires it to be a house; modern laws expand it to be non-residential structure

Damages: need charring/damage; not just discoloration

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29
Q

Kidnapping

A
  1. intentional
  2. unlawful
  3. confinement
  4. of another
  5. against their will
  6. by hiding or moving that person

*moving can be very slight

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30
Q

If kidnapping is coupled with another crime, what happens to the moving element?

A

Movement of the V must be more than is necessary to complete the other offense

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31
Q

False Pretenses

A

SI

  1. knowingly misrepresented
  2. a past or present material fact
  3. SI to defraud
  4. obtained title (ownership) of another’s property
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32
Q

Forgery

A

SI

  1. making
  2. false writing
  3. of apparent legal significance
  4. SI to defraud
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33
Q

MPC – Purposely

A

Subjective Standard

  1. conscious objective
  2. is to engage in
  3. certain conduct or
  4. cause a certain result
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34
Q

MPC – Knowingly

A

Subjective Standard

Aware or practically certain result will occur

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35
Q

MPC – Reckless

A

Subjective Standard

Consciously disregards substantial & unjustifiable risk

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36
Q

MPC – Negligence

A

Objective standard

fails to become aware of a substantial and unjustifiable risk

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37
Q

Depraved Heart Murder

A
  1. unintentional killing
  2. committed with
  3. wanton + willful disregard
  4. of an unreasonable risk
  5. to human life

EX:
- shooting into sky/class & bullet hitting person;
- shooting arrows knowing kids are playing behind target
- throwing bricks off highway with ppl under

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38
Q

When does an initial aggressor gain the right to self defense?

A
  1. initial aggressor’s use of nondeadly force is met with deadly force; or
  2. when IA, in good faith, completely withdraws and communicated that to OP
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39
Q

Defenses of Voluntary & Involuntary Intoxication

A

Voluntary –defense to SI crimes

Involuntary – defense to all crimes

40
Q

How is the Breaking element of Burglary satisfied?

A

Breaking – any amount of force to create an opening into the dwelling

Even if the door is unlocked, opening the door and entering is enough

41
Q

Actus Reus

A
  1. voluntary
  2. Act or omission
  3. to commit a given crime
42
Q

Omission for AR

A

D’s failure to act can constitute AR if:

  1. specific legal duty to act
  2. D has knowledge of facts giving ruse to duty; and
  3. it was reasonably possible for D to perform the duty
43
Q

Mens Rea

A

Gulity mind

44
Q

Specific Intent Crimes

A

D must have SI or objective to commit given crime

(FIAT)

F - first-degree murder
I - inchoate offenses
A - assault w/ intent to commit battery
T - Theft offenses (larceny, etc)

45
Q

Malice Crimes

A
  1. reckless disregard
  2. of high risk

EX: CL murder, arson

46
Q

General Intent Crimes

A

Intent to commit an unlawful act
- intent: PKRN
- transferred intent

EX: battery, rape, kidnapping, false imprisonment

47
Q

Transferred Intent

A

when D acts w/ intent to cause harm to one person/object, and that directly results in harm to another person/object

Usually: battery, arson, homicide

Does not apply to attempted crimes

48
Q

Strict Liability

A

No intent or awareness required

The act is enough for D to be convicted

49
Q

Vicarious L

A

D without fault is held L for another’s criminal conduct (like respondeat superior—See Torts)

Often arises with employment or business associations

50
Q

SL Crimes

A
  1. statutory rape
  2. regulatory crimes
  3. Administrative crimes
  4. Morally offensive (bigamy)
51
Q

Mistake of Fact

A

Defense to SI crimes, even if mistake is unreasonable

Defense to GI crimes, only if mistake is reasonable

52
Q

Mistake of Law

A

Def: D relied on court decision/admin order/ official interpretation

Defense to SI crimes only

53
Q

What crimes is D charged w/ for Transferred intent?

A
  1. Attempt of targeted person/object
  2. Restuling crime against injured person/object
54
Q

Principal

A

ringleader

  1. person
  2. whose acts or omissions
  3. are the AR
  4. of the crime

Must be actively/constructively present at scene of crime

55
Q

Accomplice

A
  1. person
  2. requisite MR
  3. aids/abets
  4. Principal
  5. before or during
  6. commission of crime

L is same as P’s

56
Q

How can an Accomplice withdraw?

A
  1. repudiate prior aid
  2. do all that is possible to countermand prior help; and
  3. do so before crime happens
57
Q

Insanity – 4 types

A
  1. M’naghten
  2. Irresitible Impulse
  3. Durham
  4. MPC
58
Q

M’Naghten

A

Type of insanity

D did not know either:
1. nature + quality of act; or
2. wrongfullness of act
3. due to mental illness

can’t tell right from wrong

59
Q

Irresistable Impulse

A

Insanity

  1. D lacked capacity
  2. for self control
  3. and free choice
  4. due to mental defect

Inability to conform to conduct of law

60
Q

Durham

A

Insanity

  1. unlawful act
  2. was product
  3. of D’s mental defect
61
Q

MPC Insanity

A

Combined M’Naghten + Irresistable Impulse

  1. At time of conduct
  2. D lacked substantial capacity
  3. to appreciate wrongfulness of act
  4. or to conform his conduct to law
  5. as a result of mental defect
62
Q

Involuntary Intoxication

A

Taken w/o knowledge of intoxicating nature or under duress

Defense to GI, SI, Malice crimes

May be a defense to SL by negating voluntary act

63
Q

Felony Murder

A

CL Murder; 1st Degree

Unintended + foreseeable killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony

P Must establish that D committed underlying felony

BARRK

Burglary
Arson
Robbery
Rape
Kidnapping

64
Q

First Degree Murder – statutory murder

A
  1. Premeditation & Deliberation; or
    - after forming intent to kill, D had time to reflect
    - SI crime
  2. Felony Murder

could also have heinous acts (bombing, torture)

65
Q

Second Degree Murder

A

Malice crime – so 3 of the CL murder variations

Murder committed w/ malice aforethought

66
Q

Crimes Against Property

A

larceny
larceny by trick
forgery
emezzlement
false pretenses
robbery
extortion
burglary
arson – CL
poessession offenses
Receipt of stolen property

67
Q

Larceny by Trick

A

SI

  1. Larceny
  2. obtaining possession
  3. of another’s property
  4. using false statements
  5. of past or existing fact
68
Q

Embezzlement

A

SI

  1. fraudulent
  2. conversion
  3. of another’s property
  4. by one in lawful possession
69
Q

False Pretenses

A

SI

  1. obtaining title
  2. by false pretenses
  3. of past or existing fact
  4. SI to defraud
70
Q

Receipt of Stolen Property

A

SI

  1. Receipt of possession and control
  2. of stolen personal property
  3. known to have been illegally obtained
  4. w/ SI to permanently dispossess
71
Q

Robbery

A

SI

  1. Wrongful taking
  2. of another’s personal property
  3. from his person or presence
  4. by force or intimidation
72
Q

Extortion

A

SI

  1. obtaining property
  2. through threats
  3. of future harm
  4. or exposing information

Property need not be on his body or presence

73
Q

Burglary

A

SI

CL Definition:
1. breaking
2. entering
3. of dwelling
4. of another
5. at night
6. w/ SI to commit felony once inside

74
Q

Crimes against a person

A

battery
assualt
mayhem
kidnapping
false imprisonment
rape

75
Q

Battery

A

GI

  1. unlawful
  2. application of force
  3. to another person
  4. that causes bodily harm or is offensive touching
76
Q

Assault

A

Two types:

  1. Assault as a threat – GI
  2. Attempted Battery –SI
77
Q

Assault as a Threat

A

GI

  1. intentionally
  2. placing another
  3. in apprehension
  4. of imminent bodily harm
78
Q

Mayhem

A
  1. CL felony battery
  2. causes dismemberment
  3. or permanent disfiguration
79
Q

Kidnapping

A

GI

  1. unlawful
  2. confinement of a person
  3. against their will
  4. coupled w/ either: movement or hiding of that person
80
Q

False Imprisonment

A
  1. unlawful
  2. confinement of a person
  3. w/o consent

FI can become kidnapping if V is moved/concealed

81
Q

Rape

A

GI

  1. unlawful
  2. sexual intercourse
  3. w/ female
  4. against her will
  5. by force or threat of immediate force

**modern laws make it gender neutral;

Fraud/trickery alone ≠rape

82
Q

Inchoate Offenses

A

SI

CATS

Conspiracy
Attempt
Solitictation

83
Q

Merger

A

Crime merges w/ target offense

Solicitation & attempt merge w/ completed offense

Conspiracy does not

84
Q

Solicitation

A

SI

  1. enticing/encouraging/ requesting/ commaning
  2. another person
  3. to commit a crime
  4. w/ intent they commit the crime
85
Q

Conspiracy

A

SI

CL – Bilateral
1. agreement
2. 2+ ppl
3. to commit a crime
4. or unlawful objective
5. NO overt act needed

MPC – Unilateral
1. agreement
2. < 1 person
3. overt act in furtherance needed

Termination: upon completion of TP

86
Q

Scope of Conspiracy

A

Pinkerton Rule

Conspirator is L for conspiracy + coconspirators’ substantive crimes committed in furtherance of conspiracy

87
Q

Withdrawal from Conspiracy

A

L for Conspiracy:
- Majority –– possible after K but before commission of overt act; D must give notice to coconspirators or timely notice to PO
-Minority/MPC – only if D thwarts the success of conspiracy

L for substantive crimes:
- notice to coconspirators
- or timely advising PD of existence

88
Q

Attempt

A

SI

  1. substantial step
  2. towards commission of crime (beyond mere prep)
  3. SI to commit crime

Factual impossibility – NOT A defense

Abandonment – NOT a defense if AR done

**Attempt merges w/ TO once complete

89
Q

Self Defense – Retreat

A

Maj: no duty to retreat

CL: duty, unless you’re at home

90
Q

Defense of Property

A
  • reasonable steps
  • nondeadly force
  • force cannot be disproportionate to perceived harm
  • deadly force only ok if burglary is happening at home
  • deadly mechanical devices NOT allowed
91
Q

Arrest Defense

A
  • PO can use reasonable force during arrest
  • PO can use deadly force only if suspect is a threat to PO or TP

Resisiting unlawful arrest:
- D may use nondeadly force to resist unlawful arrest
- NEVER allowed to use deadly

92
Q

Specific Defenses

A

Self defense
defense of others
defense of property
arrest
durress
necessity
consent
entrapment

93
Q

Duress Defense

A
  • TP unlawful threats cause D to believe only way to avoid death/harm is to comply

NOT a defense to intentional murder

94
Q

Necessity Defense

A

forces of nature caused D to commit what would be a crime

Not a defense if D set natural forces in motion (starts fire) , or if there is noncriminal alt

95
Q

Consent Defense

A

Not a defense unless it:
1. negates required element of crime; or
2. precludes harm sought by avoided crime

consent must be voluntary

96
Q

Entrapment Defense

A

crime is induced by govt agent; and

D was not predisposed to commit crime

UBE (14 decks)

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