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GA Bar Prep > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Essential Elements of Crime

A
  1. Actus Reus
  2. Mens rea
  3. Causation
  4. Concurrence
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2
Q

Specific crimes:

A
  1. Crimes against person

2. Property crimes

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3
Q

Inchoate offenses:

A
  1. Solicitation
  2. Conspiracy
  3. Attempt
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4
Q

Defenses: (9) IS NICE MID

A

Insanity
Self Defense

Necessity
Intoxication
Consent
Entrapment

Mistake
Infancy
Duress

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5
Q

Jurisdiction: A crime may be prosecuted in any state where:

A
  1. an ACT that was part of the crime took place; or

2. the RESULT took place

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6
Q

In a criminal case the prosecution must prove each element of the crime:

A

beyond a reasonable doubt.

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7
Q

Felony

A

A crime that may be punished by DEATH or imprisonment for more than ONE YEAR.

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8
Q

Misdemeanor

A

A crime punishable by a FINE and/or imprisonment for no more than one year.

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9
Q

Involuntary movements are not considered criminal acts, they include:

A
  1. one that is not the product of the actor’s volition
  2. Sleepwalking or other unconscious conduct
  3. A reflex or a convulsion.
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10
Q

A failure to act can also be the basis for criminal liability, provided THREE REQUIREMENTS are satisfied.

A
  1. Legal duty to act.
  2. Knowledge of the facts giving rise to the duty, and
  3. You need the ability to help.
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11
Q

Legal duty to act can be created in five different ways:

A
  1. By statute
  2. By K
  3. By the statutory relationship b/t D and the victim
    a. parent/child
    b. spouse/spouse
  4. The voluntary assumption of care
  5. By creation of the peril
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12
Q

Specific intent:

A

When the crime requires not just the desire to ACT but the desire to achieve a SPECIFIC result.

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13
Q

Two Specific Intent Crimes against the person:

A
  1. Assault

2. Murder

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14
Q

Three specific intent inchoate offenses

A
  1. Solicitation
  2. Conspiracy
  3. Attempt
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15
Q

Two defenses ONLY available against specific intent crimes:

A
  1. Voluntary intoxication

2. An UNREASONABLE mistake of fact

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16
Q

The mental state of general intent requires:

A

D only need to be GENERALLY AWARE if factors constituting the crime, he need NOT intend a specific result.

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17
Q

Strict liability crimes occur:

A

when the crime requires simply doing the act - no mental state is needed.

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18
Q

Two types of strict liability crimes:

A
  1. Public welfare offenses - regulatory offenses that implicate public health and safety and typically carry small penalties
  2. Statutory rape.
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19
Q

Aggravated assault in Georgia:

A

assault perpetrated with a deadly weapon OR with the intent to:

  1. murder
  2. rape
  3. rob
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20
Q

Battery in GA:

A

INTENTIONALLY causing serious bodily harm to another.

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21
Q

Murder in GA: (just one degree of murder)

A
  1. causing the DEATH
  2. of another person
  3. with malice aforethought
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22
Q

Mental state for murder:

A

The intent to KILL or

The intent to cause serious bodily harm

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23
Q

Two types of causation: (you need both)

A

Actual Causation

Proximate (or legal) causation

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24
Q

Actual causation: D is cause in fact if the bad act would not have happened:

A

BUT FOR D’s conduct

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25
Q

D is a proximate cause if the bad result is:

A

a NATURAL and PROBABLE consequence of D’s conduct

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26
Q

D will NOT be considered proximate cause if:

A

an unforeseeable event causes the bad result.

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27
Q

D WILL be considered proximate cause even if:

A

the victims PRE-EXISITING weakness contributed to the bad result.

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28
Q

Concurrence principle:

A

D must have the required mental state at the same time he engages in the culpable act.
(Comes up most frequently in larceny and burglary.)

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29
Q

Simple battery:

A
  1. Intentionally making physical contact of an insulting or provoking nature with the person of another, or
  2. Intentionally causing physical harm to another
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30
Q

Aggravated battery: (Battery Plus) Simple battery against: (6 types of people)

A
  1. Person 65+
  2. Pregnant female
  3. A person in a public vehicle or station
  4. Cops and their dogs
  5. Teachers or school personnel
  6. Sports officials when they are officiating amateur contests
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31
Q

Simple assault:

A
  1. Attempts to commit violent injury to the person of another, or
  2. Commits an act that places another in reasonable apprehension of immediately receiving a violent injury.
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32
Q

Express malice:

A

A deliberate intention to unlawfully take the life of another human being which is manifested by external circumstances

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33
Q

Felony murder:

A

Any killing caused during the commission of or attempt to commit a felony.

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34
Q

Res gestae principle in felony murder:

A

The killing must take place DURING the felony or during IMMEDIATE FLIGHT from felony. Once the felons have reached a place of TEMPORARY SAFETY - the felony ends.

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35
Q

Proximate cause theory in felony murder:

A

If one of the co-felons proximately causes the victim’s death, ALL other co-felons will be guilty of felony murder, even if the actual killing is committed by a third party. (e.g. bystander or a cop)

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36
Q

Feticide: D commits the crime when he causes the death of a fetus at ANY STAGE of development:

A
  1. willfully through injury to mother that would constitute murder if it were to result in the mother’s death, OR
  2. during the commission of a felony.
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37
Q

Homicide by vehicle:

A

Causing the death of another w/o malice aforethought by driving in a manner that violates GA’s motor vehicles and traffic code.

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38
Q

Voluntary manslaughter: In GA

A
  1. When one causes the death of another,
  2. under circumstances that would otherwise be murder,
  3. if D acts solely as the result of,
  4. a sudden, violent, and irresistable passion,
  5. resulting from serious provocation
  6. sufficent to excite such passion in a reasonable person
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39
Q

To qualify for voluntary manslaughter an intentional homicide must satisfy FOUR requirements:

A
  1. Provocation must be objectively adequate to sufficiently arouse sudden and intense passion in the mind of a reasonable person
  2. D was ACTUALLY provoked
  3. D did not have time to cool off.
  4. D did not ACTUALLY cool off between the provocation and killing.
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40
Q

Involuntary manslaughter: “misdemeanor manslaughter rule” in GA

A
  1. When D causes death,
  2. W/o intending to do so
  3. By the commission of a lawful act
  4. In an unlawful manner likely to cause death or great bodily harm.
    (Ex. Self defense that uses excessive force)
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41
Q

Unlawful act manslaughter:

A

A killing committed during the commission of a crime to which the felony murder doctrine does not apply.

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42
Q

False imprisonment mental state:

A

General intent

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43
Q

False imprisonment:

A

1, The unlawful

  1. Confinement of a person
  2. w/o her consent
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44
Q

Kidnapping:

A
  1. False imprisonment

2. That involves wither moving the victim or concealing the victim in a secret place.

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45
Q

Kidnapping mental state:

A

General Intent

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46
Q

Forcible Rape:

A
  1. Sexual intercourse
  2. W/o the victim’s consent
  3. Accomplished by:
    a. Force
    b. Threat of force
    c. when the victim is unconscious.
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47
Q

Mental state for forcible rape:

A

General intent

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48
Q

Statutory rape:

A
  1. Sex

2. W/ someone under the age of consent.

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49
Q

Age of consent in GA

A

16

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50
Q

Theft includes the common law property crimes of: (5)

A
  1. Larceny
  2. Embezzlement
  3. False pretenses
  4. Larceny by trick
  5. Receipt of stolen property
51
Q

Larceny: (Mnemonic) Thieves Took Carmen’s Purse And Isaac’s Portfolio:

A
  1. Trespassory
  2. Taking and
  3. Carrying Away the
  4. Personal Property
  5. of Another, with the
  6. Intent to
  7. Permanently retain the property.
52
Q

Erroneous takings rule:

A

A taking under a claim of right is NEVER larceny, even if the D erroneously believes the property is his.

53
Q

Continuing Trespass

A

If D wrongfully takes the property, but w/o the intent to steal, he will not be guilty of larceny. BUT if D LATER forms the intent to steal, the initial trespassory taking is considered to have ‘continued’ and he WILL be guilty of larceny.`

54
Q

Mental state for embezzlement:

A

Specific intent to defraud

55
Q

Embezzlement:

A

Conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud.

56
Q

False pretenses:

A

Obtaining TITLE to the personal property of another by an intentional false statement with the intent to defraud.

57
Q

Larceny by trick distinguished from false pretenses:

A

D only obtains CUSTODY (not title) as a result of the intentional false statement

58
Q

Identity fraud: When D: (3)

A
  1. willfully and fraudulently
  2. w/o authorization
  3. uses or possesses w/ intent to fraudulently use identifying information of another or a fictitious person.
59
Q

Robbery: (4)

A
  1. A taking of property of another
  2. From the other’s person or immediate presence
  3. With intent to commit theft
  4. By use of force, intimidation, threat, sudden snatching, or placing the victim in fear of immediate serious bodily injury to himself or another.
60
Q

Aggravated robbery: When with the intent to commit theft a person takes property of another from the person by:

A

use of an offensive weapon or use of any replica or device having the appearance of such a weapon.

61
Q

Mental state required for robbery:

A

Specific intent to steal.

62
Q

Extortion:

A

When an individual who obtains the property of another through oral or written threats of FUTURE harm.

63
Q

Forgery:

A
  1. Making or altering a writing

2. so that it is false.

64
Q

Mental state for forgery

A

Specific intent to defraud.

65
Q

Burglary:

A
  1. Entering OR remaining
  2. W/i an occupied or unoccupied building or structure
  3. W/o authority; AND
  4. With the intent to commit a felony Or any theft therein
66
Q

Third Degree Arson:

A

KNOWINGLY damaging personal property worth $25 or more by means of fire or explosives.

67
Q

Receipt of stolen property:

A
  1. Receiving possession and control

2. Of stolen property

68
Q

Mental state required for receipt of stolen property:

A
  1. KNOWING that the property has been obtained criminally by another party, and
  2. With the intent the permanently deprive the owner of his interest in the property.
69
Q

Possession of contraband:

A
  1. Control for a period of time long enough to have an opportunity to terminate the possession
    Note: Contraband need not be in D’s actual possession so long as it is close enough for him to exercise dominion and control over it
70
Q

Mental state for possession of contraband:

A

Knowledge of the possession and the character of the item possessed.

71
Q

Accomplice:

A
  1. A person who aids or encourages the principal

2. With the intent that the crime be committed.

72
Q

Scope of accomplice liability: The accomplice is guilty of: (2)

A
  1. All crimes that he aids or encourages, and

2. All other foreseeable crimes committed along with aided crime.

73
Q

An accomplice may be tried and convicted even if:

A

the principal is acquitted.

74
Q

An accomplice can avoid criminal liability by:

A

withdrawing before the crime is committed.

75
Q

How can an accomplice who merely encouraged the principal withdraw?

A

Simply by repudiating the encouragement before the crime is committed.

76
Q

How can an accomplice who aided the principal withdraw?

A

He must either neutralize the assistance or otherwise prevent the crime from happening (e.g. by notifying the authorities.)

77
Q

Accessory after the fact: D must: (3)

A
  1. Help a principal who has committed a felony
  2. With knowledge that the crime has been committed, and
  3. with the intent to help the principal avoid arrest and conviction
78
Q

Modern statutory approaches to accessory after the fact can charge individuals with crimes like:

A
  1. Obstruction of justice
  2. Harboring a fugitive
  3. Hindering prosecution, etc.
79
Q

Enterprise liability: When corporate agents engage in criminal conduct both the corp AND the agent maybe be held criminally liable provided the agent is acting:

A
  1. on behalf of the corp.

2. w/in the scope of his office

80
Q

Solicitation:

A

ASKING someone to commit a crime with the specific intent that the crime be committed. (The crime is in the ASKING.)

81
Q

Conspiracy:

A

An agreement b/t 2 or more people to commit a crime, PLUS an OVERT ACT in furtherance of a crime.

82
Q

Overt act in furtherance of a conspiracy is:

A

ANY ACT - even if it’s merely preparatory.

83
Q

Mental state for conspiracy requires specific intent for two things:

A
  1. to enter into an agreement; and

2. to accomplish the objectives of the conspiracy

84
Q

Is completion necessary to be convicted of conspiracy?

A

No. The essence of the crime is the agreement

85
Q

Can you have a one person conspiracy?

A

No. There must be at least TWO guilty minds. Both of who actually agree to accomplish the conspiracy’s objective.

86
Q

If all other parties to a conspiracy are acquitted can last remaining party be convicted?

A

No. Need at least two people.

87
Q

Vicarious liability with conspiracy: D will be liable for OTHER crimes committed by co-conspirators so long as those crimes:

A
  1. Were committed in furtherance of the conspiracy’s objective, AND
  2. Were foreseeable.
88
Q

Required acts for ATTEMPT:

A

D must engage in a SUBSTANTIAL STEP towards the commission of the crime.

89
Q

Mental state required for attempt:

A

Specific intent to commit the underlying crime.

90
Q

Cannot attempt crimes that require:

A
  1. Recklessness
  2. Negligence
  3. Felony murder

There is no INTENT required for these crimes.

91
Q

Abandonment defense: Can be a defense to ATTEMPT provided D can show:

A

a voluntary and complete renunciation of criminal purpose.

92
Q

Withdrawal defense: D can be absolved of criminal responsibility of conspiracy if:

A

he withdraws his agreement to commit a crime BEFORE the occurrence of the overt act.

93
Q

Which inchoate offenses are subject to merger?

A

Solicitation, attempt, and conspiracy.

94
Q

Capacity defenses:

A
  1. Insanity
  2. Voluntary intoxication
  3. Infancy
95
Q

What are the two bases for insanity acquittal? D must prove:

A
  1. That he did not know that his act was wrong (cognitive); OR
  2. That he was operating under a ‘delusional compulsion’ that overmastered his will to resist committing the crime (volitional)
96
Q

D will be found incompetent to stand trial if at the time of trial he cannot:

A
  1. Understand the nature of the proceedings against him, or

2. Assist his lawyer in the preparation of his defense.

97
Q

Voluntary intoxication is a VERY limited defense. It requires:

A

more than a temporary alteration of brain function so D could not form requisite intent.

98
Q

Voluntary intoxication can only be used as a defense to:

A

Specific intent crimes

99
Q

Infancy: To be found guilt of a crime, a person must be at least:

A

13 at the time of the relevant conduct.

100
Q

Mistake of fact defense: Specific intent crimes

A

ANY mistake of fact is a defense - even if it’s unreasonable.

101
Q

Mistake of fact defense: Malice or general intent crimes:

A

Only a REASONABLE mistake of fact is a defense

102
Q

Mistake of fact defense: Strict liability

A

NEVER a defense

103
Q

An individual can use non-deadly force in self defense if doing so is:

A
  1. Reasonably necessary
  2. to protect against an immediate use
  3. of unlawful force against himself.
104
Q

An individual can use deadly force in self defense ONLY if he is facing an IMMINENT threat of:

A
  1. Death

2. Serious bodily harm

105
Q

Initial aggressor normally cannot use deadly force as self defense UNLESS:

A
  1. He withdraws from the fight AND communicates that withdrawal to the other person, or
  2. The victim suddenly escalates a nondeadly fight into a deadly one.
106
Q

Before using self defense retreat is:

A

NOT required.

107
Q

What happens if D is mistaken about the need to use unlawful force in self-defense?

A
  1. Reasonable mistake: Complete defense

2. Unreasonable mistake: No defense.

108
Q

Can deadly force be used to prevent the commission of a felony inside a dwelling?

A

Yes

109
Q

Necessity:

A

is a defense to criminal conduct if D reasonably believed that conduct was necessary to prevent a greater harm.

110
Q

Defense of necessity is unavailable if:

A
  1. D causes the death of another person to protect property; or
  2. D is at fault in creating a situation that creates the choice of evils.
111
Q

Use of force to prevent a crime: Non deadly force may be used, if reasonably necessary:

A

to prevent any serious breach of the peace.

112
Q

Use of force to prevent a crime: Deadly force may only be used to:

A

prevent a felony risking human life.

113
Q

Defense of duress:

A

It is defense to criminal conduct if D was coerced to commit a crime b/c of threat, from ANOTHER PERSON, of imminent death or serious bodily injury to himself or a close family member.

114
Q

Duress cannot be a defense to:

A

homicide.

115
Q

Entrapment (very narrow defense) D must prove that: (2 elements)

A
  1. The criminal design originated w/ the government, and

2. he was not predisposed to commit the crime.

116
Q

Murder: Implied Malice: In GA,

A

when there is no considerable provocation for the killing and all the circumstances show an ABANDONED AND MALIGNANT HEART or reckless disregard for human life.

117
Q

First Degree Arson: A is for ARSON ABCD

A

Arson
more than Blackening
Charring
a Dwelling or other structure

118
Q

Does mere presence at the scene make someone an accomplice?

A

No, she must have actively aided or encouraged the principal and share criminal intent.

119
Q

Does mere knowledge of the crime make someone an accomplice?

A

No, she must have actively aided or encouraged the principal and share criminal intent.

120
Q

Limitations on felony murder: D must be guilty of:

A

underlying felony - if there is a defense to the felony, you have a defense to felony murder.

121
Q

Limitations on felony murder: The felony must be:

A

inherently dangerous or create a foreseeable risk of death.

122
Q

Limitations on felony murder: The death must be:

A

foreseeable.

123
Q

Limitations on felony murder: In GA the victim may be:

A

a co-felon

124
Q

Mayhem: (Also aggravated battery) Committed when a person maliciously causes bodily harm to another and: (3 things)

A
  1. deprives the victim of a body member,
  2. renders a body member useless, or
  3. Seriously disfiguring his body

GA Bar Prep (24 decks)

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