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AMP Criminal Law Flashcards

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1
Q

What mental state must an accessory after the fact possess?

A

An accessory after the fact must know that the person he is aiding has committed a felony

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2
Q

Under the Model Penal Code, consciously disregarding a substantial and unjustifiable risk indicates a person acted __________.

A

recklessly

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3
Q

Can a thought satisfy the physical act requirement for criminal liability?

A

No, never

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4
Q

An accomplice is criminally responsible for:

A

All crimes that he did or counseled, as well as any foreseeable or probable crimes committed during the course of the contemplated crime, regardless of whether the accomplice could have been a principal to the crime charged

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5
Q

An attempt of a crime requires:

A

The specific intent to commit the crime and an overt act in furtherance of that intent

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6
Q

A defendant charged as an accomplice is responsible for what crimes?

A

crimes he did or counseled and any other crimes committed in the course of committing the crime contemplated, as long as the other crimes were probable or foreseeable.

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7
Q

what establishes general intent?

A
  • doing of the act
  • intent to cause a harmful result to a different person or object
  • defendant must be aware that he is acting in a proscribed way and that any attendant circumstances required by the crime are present.
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8
Q

what is required for withdrawal if an accomplice just encouraged a crime?

A

If the person merely encouraged the commission of the crime, withdrawal requires that he repudiate this encouragement prior to the chain of events leading to the commission of the crime becoming unstoppable.

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9
Q

when must be a withdrawal be made to be effective/

A

Withdrawal must come before the chain of events leading to the commission of the offense becomes unstoppable.

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10
Q

what is required for withdrawal if the person assisted by providing some material to the principal?

A

withdrawal requires at least an attempt to retrieve the material or to neutralize the aid given.

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11
Q

Under the Model Penal Code, a person acts negligently when:

A

He fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances.

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12
Q

Under modern statutes, what is the difference between a principal and an accomplice to a crime?

A

The principal actually commits the crime; the accomplice aids, counsels, or encourages the principal to commit the crime

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13
Q

Under what circumstances can a person be criminally liable for mere failure to act?

A

Where the law imposes on that person a duty to act

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14
Q

what is an example of a crime that traditionally involves specific intent?

A

assault, burglary, solicitation

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15
Q

a principal is…

A

the party to a crime who possesses the requisite mental state and actually engages in the act or omission that causes the criminal result

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16
Q

legal duty to act may arise from a:

A

Statute, contract, or voluntary assumption of care

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17
Q

what is a sufficient overt act in most states?

A

A substantial step in a course of conduct planned to culminate in the commission of the crime that shows strong corroboration of the actor’s criminal purpose.

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18
Q

a defendant charged with an attempt to commit a crime can be found guilty of:

A

the attempt only, not the actual crime

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19
Q

The crime is completed when

A

the solicitation is made

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20
Q

the elements of a common law conspiracy

A

An agreement between two or more persons, an intent to enter into an agreement, and an intent to achieve the objective of the agreement.

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21
Q

elements of attempt

A

The specific intent to perform an act and obtain a result, that, if achieved, would constitute a crime; and an overt act in furtherance of the crime.

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22
Q

Wharton Rule, if two parties agree to commit the underlying offense, what crime would a charge of conspiracy be allowed for?

A

bribery

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23
Q

defendant charged with a completed crime can be found guilty of:

A

either a completed crime or an attempt. can’t be both b/c of merger (lesser crime subsumed by conviction for heavier crime)

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24
Q

could find conspiracy where there are several agreements…ex:

A
  • there is an initial agreement among the parties to engage in a course of criminal conduct constituting all the crimes
  • there is a series of agreements, all of which are regarded as part of a single large scheme in which all of the parties to the subagreements are interested
  • there is a series of agreements, all of which are regarded as part of a single large scheme in which all of the parties to the subagreements are interested
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25
If conspirators are successful in completing the intended crime, they can be convicted of:
both the conspiracy and the actual crime | the crime of conspiracy is not “merged” into the completed crime.
26
If at least two parties are required to commit a substantive crime, but the relevant statute punished only one of the of the conspirators, then:
all may be convicted of conspiracy
27
As to a charge of solicitation, the general rule is that withdrawal or renunciation _______; and the Model Penal Code ______ the defense of withdrawal or renunciation from a solicitation.
Is not a defense to the charge; does recognize (provided that the defendant prevents the commission of the substantive crime)
28
What two requirements are necessary for a conspirator to be liable for crimes committed by a co-conspirator?
The crimes were committed in furtherance of the conspiracy’s objectives and were foreseeable
29
For the crime of conspiracy, which statement best describes the necessary intent?
The intent to agree and the intent to achieve the objective of the conspiracy
30
hub and spoke conspiracy
The members of each agreement have little or no interest in whether the other agreements succeed. agreements must be reas. independent of each other. conspiracies committed will be considered separate conspiracies.
31
Being exempt from the crime is a defense to solicitation. what is an example?
A minor female charged with solicitation of statutory rape by urging a man to have sexual intercourse with her
32
“chain” relationship
A series of agreements, all of which are regarded as part of a single large scheme in which all of the parties to the subagreements are interested
33
If the defendant stabbed the victim and on the way to the hospital, a tree is hit by lightning and a limb falls on the ambulance crushing the back portion and killing the victim, would the defendant be found guilty of homicide?
Most likely not.
34
An intervening act will shield the defendant from liability if the act is _______ or _______.
A mere coincidence; outside the foreseeable sphere of risk created by the defendant’s act
35
To reduce a charge of murder to voluntary manslaughter, the provocation _______ element(s), in that the provocation must _______.
Has both objective and subjective; have been such as to provoke an ordinary person and have actually provoked the defendant
36
What is required to prove provocation?
The provocation must be such as to raise a sudden and intense passion in the mind of an ordinary person, and the defendant must have in fact been provoked.
37
At common law, a defendant commits voluntary manslaughter when he:
commits a killing under adequate provocation.
38
In most states, in order to convict a defendant of felony murder, the prosecution must, at trial:
Prove that defendant committed the predicate felony beyond a reasonable doubt
39
Felony liability murder stops when...
The liability for deaths caused while fleeing a felony that can give rise to felony murder liability is generally terminated when the defendant reaches a place of temporary safety.
40
Voluntary manslaughter is
killing committed under adequate provocation
41
Felony murder generally requires that:
The killing be committed during the course of the felony, the felony must be independent of the killing, and the death must have been a foreseeable result of the felony
42
Is a killing with a reckless disregard to an unjustifiably high degree of risk to human life first degree murder?
No
43
“Adequate provocation” that reduces a killing that would otherwise be murder to manslaughter (i.e., a “heat of passion” killing) includes:
Being subjected to a serious battery; being subjected to a threat of deadly force; and discovering one’s spouse in bed with another person. Words alone (insulting a spouse or taunting the defendant) are generally insufficient.
44
To reduce a charge of murder to voluntary manslaughter, the time for the defendant to “cool off” has _______ element(s), in that the reduction would be available _______.
Both subjective and objective; if the defendant’s sudden and intense passions did not actually cool and the passions of a reasonable person would not have cooled between the time of the provocation and the time of the killing
45
The _______ theory of felony murder requires that the _______ actually commit the killing for criminal liability for felony murder to attach.
Agency; felon or one of his agents
46
voluntary manslaughter elements
a) The provocation must have been one that would arouse sudden and intense passion in the mind of an ordinary person such as to cause him to lose his self-control; b) The defendant must have in fact been provoked; c) There must not have been a sufficient time between the provocation and the killing for the passions of a reasonable person to cool; and d) The defendant in fact did not cool off between the provocation and the killing.
47
the “proximate cause” approach to felony murder
felons are liable for the deaths of innocent victims caused by someone other than a co-felon. The felon will be guilty of felony murder when the felons put into operation a series of events that proximately cause the death of an innocent party.
48
The following defenses are available to both general and specific intent crimes:
Involuntary intoxication, insanity, and mistake of fact
49
The mistake of fact defense is available for:
Both general and specific intent crimes, but the mistake must be reasonable to serve as a defense for a general intent crime
50
A defendant __________ succeed on an entrapment defense if ___________ initially came up with the criminal scheme.
A defendant may succeed in an entrapment defense if the criminal scheme was the idea of law enforcement officers. Entrapment consists of two elements: 1. The criminal design must have originated with law enforcement officers; and 2. The defendant must not have been predisposed to commit the crime prior to the initial contact by the government.
51
A person may use deadly force when
1. she is without fault | 2. she is confronted with unlawful force, and 3. she is threatened with imminent death or great bodily harm.
52
when is D fit for trial under the Due Process Clause?
only if he can both understand the nature of the proceedings against him and assist his lawyer in the preparation of his defense
53
Is voluntary intoxication ever a defense to crimes?
Yes but only specific intent crimes
54
M’Naghten Rule formulation of the insanity defense
(i) Have a disease of the mind, (ii) That caused a defect of reason, (iii) Such that he lacked the ability at the time of his actions to either know the wrongfulness of his actions or understand the nature and quality of his actions.
55
In most jurisdictions, deadly force may be used
Self-defense, defense of others, and crime prevention (to prevent the commission of a dangerous felony involving risk to human life.)
56
Model Penal Code test for when a defendant raising insanity as a defense is entitled to an acquittal:
When, as a result of a mental disease or defect, he lacked substantial capacity to appreciate the criminality or the wrongfulness of his conduct or to conform his conduct to the requirements of the law
57
Under common law, what is the defense to attempt?
Legal impossibility. True legal impossibility arises only when the defendant did, or intended to do, acts that would not constitute a crime under any circumstances.
58
Deadly force is generally appropriate to defend against a violent entry into a dwelling if:
A person in the dwelling reasonably believes that she is in danger of harm (prevent attack against himself or someone else)
59
Who has the burden of persuasion regarding sanity?
The defendant. Prosecution doesn't have to prove the defendant is sane, but the defendant can raise the issue of insanity and then must prove it by preponderance or clear and convincing evidence
60
Is duress a defense to homicide under common law?
No.
61
the common law crime of mayhem
is an aggravated form of battery—was either the dismemberment (removal) of some body part or disablement of a body part.
62
“aggravated kidnapping.”
Most states elevate the crime of kidnapping to aggravated kidnapping when the victim is a child, when the victim is held for ransom, or the kidnapping is committed in furtherance of another crime
63
An assault is generally committed by:
Attempting a battery or the intentional creation, other than by mere words, of a reasonable apprehension of an imminent battery
64
examples of strict liability crimes
- statutory rape | - bigamy
65
a defendant may be convicted of kidnapping in addition to the other crime committed if
the victim is moved during the commission of another crime and it Increases the risk of harm over and above that necessarily involved for the other crime
66
what kind of fraud satisfies the without consent element of rape?
Consent obtained by fraud as to whether the nature of the act is intercourse. False promise to marry victim and a fraud about whether D is victim's husband insufficient
67
he three most common batteries that are deemed to be aggravated are:
A battery with a deadly weapon, a battery during which serious bodily injury is inflicted, and a battery of a police officer
68
larceny
taking and carrying away (asportation) of the tangible personal property of another by trespass with the intent to permanently deprive the person of the property.
69
Modern criminal codes often consolidate, under the single title of “theft,” the common law offenses of:
larceny, false pretenses, receipt of stolen goods, embezzlement
70
A defendant finds a wallet on the street. The wallet contains the owner’s driver’s license. To be guilty of larceny, the defendant must have the intent to permanently deprive the owner of the property:
When he picks it up
71
One who threatens to destroy another’s personal property unless the other person pays a sum of money has committed:
Extortion. It is not robbery b/c threat to destroy personal property doesn't work
72
Common law crime of malicious mischief
The malicious destruction of, or damage to, the property of another
73
possession element of larceny
The person from whom the property is taken needs only to have a possessory interest superior to that of the defendant.
74
property of another element of larceny
includes lost or mislaid property
75
receipt of stolen property elements
(i) receiving possession and control; (ii) of “stolen” personal property; (iii) known to have been obtained in a manner constituting a criminal offense; (iv) by another person; (v) with the intent to permanently deprive the owner of his interest in the property.
76
elements of embezzlement
(i) The fraudulent; (ii) Conversion; (iii) Of property; (iv) Of another; (v) By a person in lawful possession of that property.
77
possession element of larceny
The person from whom the property is taken needs only to have a possessory interest superior to that of the defendant.
78
property of another element of larceny
includes lost or mislaid property
79
receipt of stolen property elements
(i) receiving possession and control; (ii) of “stolen” personal property; (iii) known to have been obtained in a manner constituting a criminal offense; (iv) by another person; (v) with the intent to permanently deprive the owner of his interest in the property.
80
elements of embezzlement
(i) The fraudulent; (ii) Conversion; (iii) Of property; (iv) Of another; (v) By a person in lawful possession of that property.
81
elements of false pretenses
(i) Obtaining title; (ii) To the property of another; (iii) By an intentional (or, in some states, knowing) false statement of past or existing fact; (iv) With intent to defraud the other.
82
elements of arson
Burning (at least charring of the fiber of the wood or other combustible material of the dwelling) of a dwelling malice (defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur)
83
intent for burglary
The specific intent to commit a felony therein
84
common law burglary elements
(i) A breaking (actual, or constructive- by fraud); (ii) And entry; (iii) Of the dwelling; (iv) Of another (look to occupancy- use as a dwelling by someone other than D. D cannot burglarize own dwelling) (v) At nighttime; (vi) With the intent of committing a felony therein.
85
modern burglary
During the day or night, by remaining in the structure (rather than “breaking into” the structure), and commercial structures may be burglarized

AMP Crim (1 decks)

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