1st semester Crim Flashcards

Question

Definition of False Pretenses?

Answer 1

False pretenses is defined as the fraudulent appropriation of title to another's property with the intent to permanently deprive.

Answer 2

Rape is defined as sexual intercourse with another against the other persons will or by force or fear without that person's consent.

Answer 3

Misappropriation of found property is the crime that occurs when a person retains found property and makes no reasonable or just efforts to find the owner.

Answer 4

Forgery is defined as the fraudulent creating or altering of a document or object of legal significance, with the intent to deceit or defraud.

Answer 5

Receipt of stolen property is defined as obtaining property known to be stolen with the intent to permanently deprive from the legal owner.

Answer 6

MISTAKE OF FACT = DEFENSE A mistake of fact defense relieves a person of criminal liability where a reasonable mistake of certain facts means that the person did not have the culpable mental state required for the commission of the offense.

Answer 7

Mistake of law is generally not a defense Exists when defendant misunderstood or was ignorant of the law as it existed at the time. Can be used in 4 limited circumstances: 1. When the law has not been published 2. When the defendant relied on law/statute that was later overturned. 3. When defendant relied on a judicial decision that was later overruled. 4. When defendant relied upon an interpretation by an applicable official.

Answer 8

Any person, co-felon or accomplice who commits an inherently dangerous felony should be held responsible for any death which is a direct & foreseeable consequence of the actions of those committing the felony.

Answer 9

Transferred intent is when assailant intends to harm person A but in fact harms person B. The intent to kill transfers to the fact that he killed B and holds him accountable.

Answer 10

Redline rule is an exception to felony murder, which provides that felons ARE NOT liable for the deaths of any co-felons that occur during the commission of the crime, so long as the death is caused by the victim or a police officer attempting to prevent escape or further criminal activity.

Answer 11

Elemental defense is a defense that challenges one or more of the elements of the crime. Ex: Burglary "in the nighttime" = defense would try to prove it was during the day.

Answer 12

The Ireland rule states that felony-murder rule should not be applied in circumstances where the only predicate felony committed by the defendant was assault.

Answer 13

1. purposefully 2. knowingly 3. recklessness 4. negligence * Strict liability*

Answer 14

Assault Battery 2nd degree murder

Answer 15

1st degree murder larceny robbery burglary

Answer 16

Voluntary intoxication is an elemental defense for specific intent crimes.

Answer 17

Cause in fact (actual cause) = "but for" the action of defendant the result would not have happened. Proximate Cause (legal cause) = is a means to determine whether the defendant as a matter of fairness, should be held liable for the criminal liability.

Answer 18

1. Defendant must subjectively believe that there is a high probability that a fact exists. 2. The defendant must take deliberate actions to avoid learning of that fact. *Acts of a person who intentionally fail to be informed about matters that would make the person criminally liable.

Answer 19

1. Statue to care (mandated reporters) 2. Relationship status 3. contractual duty to care for another. 4. Voluntarily assumed the care of another and so secluded the helpless person as to prevent others from rendering aid.

Answer 20

The intention or knowledge of wrongdoing that constitutes part of a crime.

Answer 21

The defendant meant to commit a crime but did so without necessarily intending a specific consequence of their action. Ex: crimes resulting from recklessness and negligence tend to be general intent crimes.

Answer 22

1. Specific Deterrence 2. General Deterrence 3. Rehabilitation 4 Retribution

Answer 23

The idea that particular defendant will avoid future crimes because he or she fears additional punishment. Ex: someone who enjoys killing vs. someone that killed accidentally.

Answer 24

The idea that other individuals will not commit crimes for fear of suffering the same punishment that a current defendant has suffered.

Answer 25

The idea that society has an obligation to punish an individual in a way that makes him or her a better person and a better citizen tomorrow.

Answer 26

looks to the past rather than the future. Goal is to ensure the individual gets what he or she deserves. - a wrong that has been done must be punished.

Answer 27

A person has a desire to commit an intentional, unlawful act and they must have intended for that act to achieve a specific result. - specific purpose to achieve a particular outcome.

Answer 28

Common law = decisions made based off of past cases. Statutory Law = penal codes

Answer 29

1. The act (actus reus) 2. The mental state (mens rea) 3. Causation 4. Attendant Circumstances

Answer 30

1. reflex or convulsion 2. bodily movement during unconsciousness or sleep. 3. conduct during hypnosis

Answer 31

some offenses can be charged as either felonies or misdemeanors.

Answer 32

increase the defendant's culpability and lead to a harsher sanction. Ex: long criminal record, significant harm to victim

Answer 33

decrease the defendant's culpability and could lead to reduced sentence. Ex: clean criminal record and genuine remorse.

Answer 34

offenders date of release can be predicted with fair accuracy from the courts.

Answer 35

offenders date of release cannot be predicted with fair accuracy from the courts sentence. * length of term determined by more than one decision maker.

Answer 36

must have control or dominion over room.

Answer 37

knowingly doing an act.

Answer 38

strict liability crimes DO NOT require the defendant to have a culpable mental state of mind when committing the crime to be guilty. *Mistake is irrelevant, mistake is not a defense* Ex: selling alcohol to minor statutory rate traffic violations.

Answer 39

recklesness = requires showing a conscious disregard of substantial and unjustifiable risk of death or bodily harm. negligence = should have been aware of the risks. *Greater penalties applied to heightened mental states.

Answer 40

Solicitation is defined as encouraging another to commit a criminal offense with the intent that the offense be committed.

Answer 41

ATTEMPT: Attempt is defined as a direct but ineffectual act towards the completion of a criminal offense with the specific intent to commit the crime.

Answer 42

CONSPIRACY: Conspiracy is defined as an agreement between two or more parties to commit the criminal offense of ( ) and an overt act towards the completion of that offense.

Answer 43

"caption" or taking, occurred when the actor secured dominion over the property of another. *Element of "asportation" or carrying away, was satisfied with even the slightest change in position of the stolen object.

Answer 44

Under the single larceny doctrine, although multiple items of property might be stolen from one or multiple people, it would still be considered one offense, so long as it is one continuous act.

Answer 45

"From the person" creates a zone of protection around a person's body that warrants a higher penalty when a theft occurs within this zone.

Answer 46

LARCENY BY TRICK: Larceny by Trick is defined as the taking and carrying away of the property of another by the use of false promises, with the intent to permanently deprive the owner of the property.

Answer 47

An inchoate crime is a pre crime or an incomplete crime of preparing for or seeking to commit an offense. Examples: Conspiracy Solicitation Attempt

Answer 48

Bribery is defined as giving, offering, promising to anyone about to be called as a witness, (or a government official), consideration with any understanding or agreement that the testimony of the witness shall be influenced by the consideration.

Answer 49

Compounding a felony is defined as taking money, property, gratuity, reward, or promise thereof, while agreeing to conceal a crime or abstain from prosecuting a crime with knowledge that a crime has been committed.

Answer 50

Threatening or interfering with a peace officer is defined as willfully resisting, delaying, or obstructing a peace officer in the performance of their duty.

Answer 51

Factual Impossibility: Factual impossibility occurs when an individual intends to commit a crime but is prevented from doing so due to external factors beyond their control. In this scenario, the person’s intent was criminal, but the actual commission of the crime was impossible. Example: A person attempts to steal from an empty pocket

Answer 52

Legal impossibility refers to situations where an individual believes they are committing a crime, but the act they are attempting is not actually illegal. In other words, the person’s actions do not fit the legal definition of the offense they believe they are committing. Example: Someone tries to sell a substance they believe to be illegal drugs, but it turns out the substance is a harmless powder. Since the substance is not actually illegal, this falls under legal impossibility.

Answer 53

True legal impossibility occurs when an individual’s intended action is impossible to achieve under existing laws, even if they believe it is illegal. Unlike factual or legal impossibility, true legal impossibility is a defense because the act itself cannot be criminalized. Example: A person attempts to bribe a public official, but the official is not in a position to influence the matter. Since the official’s actions would not have been illegal even if influenced, this falls under true legal impossibility.

Answer 54

Extortion is defined as obtaining property of another by wrongful use of force, threat or under color of authority with the intent to permanently deprive.

Answer 55

both inchoate crimes, specific intent, stand alone crimes.

Answer 56

solicitation - another person involved, attempt can be done by yourself.

Answer 57

Factual impossibility Legal Impossibility "true" legal impossibility

Answer 58

1. Factual Impossibility - NOT a defense 2. Legal Impossibility - MAY BE a defense. 3. "True" Legal Impossibility - IS a defense. **for attempt crimes**

Answer 59

The Pinkerton’s Rule provides criminal liability to a party to a conspiracy for all REASONABLY FORSEEABLE crimes committed by any co-conspirator during the conspiracy. - applies only to conspiracy liability

Answer 60

Conspiracy liability attaches to two or more persons who agree to commit a crime and one or more commits an overt act in furtherance of that agreement.

Answer 61

Third Party Vicarious Liability asks whether a co-felon is liable for the acts of a third party who acts with justification or excuse. - Redline rule (majority) - Minority rule

Answer 62

accomplice liability ATTACHES to all persons who commit a crime, or promote, encourage, and facilitate the commission of that crime. An accomplice is liable for another’s actions that are the NATURAL and PROBABLE consequence of the crime.

Answer 63

A principal is one who commits the crime and an accessory is one who promotes, encourages, and facilitates the commission of that crime.

Answer 64

Attempted battery is defined as a direct but ineffectual act towards the completion of the crime of battery with the specific intent to commit battery.

Answer 65

if a crime requires the participation of a SPECIFIC NUMBER of individuals, an agreement between two or more people to commit that crime CANNOT be prosecuted as a conspiracy

Answer 66

An approach to the crime of conspiracy that requires an actual agreement between two or more persons; under the bilateral approach, when an individual agrees to commit a crime with an undercover agent who has no intent to commit the crime, there CAN BE NO conviction for conspiracy.

Answer 67

charging a defendant with conspiracy to commit unintentional murder crates an inconsistency in the element of conspiracy and extreme indifference murder that is logically and legally impossible to rectify. **An individual cannot intend to achieve a particular offense that by its definition is unintended.

Answer 68

Accomplice liability and Conspiracy liability

Answer 69

Alibi is defined as FACTS placing the defendant at the relevant time in a different place so as to render it impossible for the defendant to be the guilty party. (E)

Answer 70

Voluntary intoxication is defined as the intentional consumption of the alcohol or mind-altering drug. - elemental defense = specific intent crimes

Answer 71

Involuntary intoxication is defined as the unintentional consumption of the alcohol or mind-altering drug. Elemental defense = all crimes (general & specific intent)

Answer 72

Affirmative defense is any defense that assumes the complaint or charges to be correct but raises other facts that, if true, would establish a valid excuse or justification or a right to engage in the conduct in question.

Answer 73

Matter of law for the court,. Is there sufficient evidence presented to support the defense alleged and is the defense applicable to the crime(s) charged. Justification defense focus on the act and not the actor. Excuse defense focus on the actor and not the act. EX: Self Defense Insanity Necessity Duress

Answer 74

Entrapment is a defense to a criminal charge when the defendant asserts they committed the crime because a government agent induced, encouraged, and incited the commission of the crime. OBJECTIVE: Objective entrapment defines entrapment regarding a defendant who committed a crime as a result of outrageous police conduct in the inducement. (minority) SUBJECTIVE: Subjective entrapment defines entrapment regarding a defendant who was pre- disposed to commit the crime even though police conduct may have provided the opportunity. (majority)

Answer 75

Self-Defense is defined as a JUSTIFICATION for conduct that would otherwise be criminal when the defendant is threatened with the use or imminent use, of unlawful force that causes PHYSICAL INJURY and which a reasonable person would believe could not be avoided without the use of physical force, and the actor DEFENDS by using only a REASONABLE amount of force and was not RESPONSIBLE for the situation.

Answer 76

Defense of others is defined as one being justified in using force to protect a third party from unlawful force by an aggressor. (A)

Answer 77

A perpetrator is one who commits the crime and an aider and abettor is one who promotes, encourages, and facilitates the commission of that crime.

Answer 78

Intoxication is defined as consuming sufficient alcohol or a mind-altering drug such that the defendant is unable to form the requisite intent to commit the crime. (E)

Answer 79

Defense of Property is defined as one may use as much force as is immediately and reasonably necessary to prevent theft and eject a trespasser or thief from their property. (A)

Answer 80

To be liable under the theory of accomplice liability one must aid and abet the principal of a crime, and can be achieved by promoting, encouraging, or facilitating another to commit a crime. An accomplice is liable for another’s actions that are the natural and probable consequence of the crime.

Answer 81

Duress is defined as a defense which excuses criminal conduct where the defendant was under an unlawful threat of imminent death or serious bodily injury, where the threat caused the actor to engage in conduct violating the criminal law. (E)

Answer 82

Necessity is an affirmative defense where a defendant is justified in committing crimes necessary, as an EMERGENCY MEASURE to avoid an imminent public or private injury that is about to occur by reason or situation that is no fault of the defendant. (A)

Answer 83

Insanity is a kind of defense which calls into question the defendant’s ability to form the requisite mental state of the crime. (E) or (A) AMERICAN LAW INSTITUTE (ALI): A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect, they lack substantial capacity either to appreciate the criminality of the conduct or to conform their conduct to the requirements of the law.

Answer 84

Battered spouse syndrome is the psychological condition of a victim of repeated physical and psychological abuse by a spouse, former spouse, cohabitant, or former cohabitant.

Answer 85

A private person may only use the amount of fore that is reasonable and necessary under the circumstances. unless the arrestee poses a threat of serious bodily injury to the private arrestor or others. - state bares the burden to prove the use of deadly force was not reasonable and necessary.

Answer 86

identity defense focuses on the issue of the defendant’s identity as the perpetrator. It does not require the defendant to prove their alibi; the burden of proof regarding identity remains with the prosecution. Essentially, identity defense aims to demonstrate that the defendant could not have committed the crime due to being somewhere else entirely.

Answer 87

M’Naghten’s Rule defines a test for insanity. It must be clearly proven that, at the time of committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act they were doing; or, if they did know it, they did not know what they were doing was wrong.

Answer 88

Irresistible Impulse defines a test for insanity. It must be clearly proven that, at the time of the committing of the act, the defendant knew the action was wrong, but who, as a result of a disease of the mind, was unable to exercise control over their actions.

Answer 89

The Durham Rule defines a test for insanity. It must be clearly proven that, at the time of the committing of the act, a defendant suffered from a mental disease or defect.

Answer 90

Accessory after the fact is when one who knows that a crime has been committed, aids, and assists one in escaping capture or prosecution for that crime.

Answer 91

Kidnapping is defined as the unlawful movement of a person using force or fear from one place to another. To be kidnapping, the movement need be without the consent of the person and the movement is for a substantial distance.

Answer 92

Mayhem is defined as an unlawful act by means of physical force resulting in a disfiguring injury done with malice.

Answer 93

Perjury is defined as making a willful statement, under oath, of any material matter which the witness knows to be false.

Answer 94

Bigamy is defined as marrying any other person while having a husband or wife living.

Answer 95

Arson is defined as willfully and maliciously setting fire to any structure and land of another. Arson can be defined as willfully and maliciously setting fire to one’s own property if for the purpose of insurance fraud.

1st semester Crim Flashcards

(120 cards)