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Bar Exam > Crim > Flashcards

Crim Flashcards

1
Q

Jurisdiction

A

State acquires jurisdiction when:
(1) Conduct or
(2) Result
happened in that state

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2
Q

Merger

A

Only 2 merge into substantive offenses:

(1) Solicitation
(2) Attempt

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3
Q

Actus Reus

A

Any bodily movement but MUST BE VOLUNTARY

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4
Q

Omissions as an act

A

Legal duty to act:

(1) By statute
(2) By contract
(3) Because relationship between the parties
(4) Because you voluntarily assume duty of care and then fail to adequately perform
(5) When your conduct creates the peril

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5
Q

Mens rea - Common Law

A

(1) Specific Intent
(2) General Intent
(3) Strict Liability
(4) Malice

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6
Q

Specific Intent Crimes - Scale Barfff

A

(1) Solicitation
(2) Conspiracy
(3) Attempt
(4) Larceny
(5) Embezzlement
(6) Burglary
(7) Assault
(8) Robbery
(9) Forgery
(10) False Pretenses
(11) First-Degree Murder

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7
Q

Malice Crimes

A

Only need reckless indifference to show malice.

(1) Arson
(2) Murder

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8
Q

General Intent Crimes

A

All crimes that do not fit in other categories

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9
Q

Strict Liability Crimes

A

No intent crimes

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10
Q

Transferred Intent

A

Intends the harm that is actually caused, but to a different individual

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11
Q

MPC Mental States

A

(1) Purposely - conscious objective for conduct or result
(2) Knowingly - aware that conduct will likely cause result
(3) Recklessly - consciously disregards conduct will likely cause result
(4) Negligently - fails to be aware of substantial and unjustifiable risk

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12
Q

Accomplice Liability

A

Aids, advises, or encourages principal in commission of crime with requisite intent that crime be committed.
Liable for crime committed and all other foreseeable crimes

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13
Q

Accomplice Withdrawal

A

(1) If encourager, must repudiate encouragement
(2) If aided with assistance, must do everything to neutralize assistance
(3) Alternate is to contact the police

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14
Q

Inchoate (Incomplete) Offenses

A

(1) Solicitation
(2) Conspiracy
(3) Attempt

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15
Q

Solicitation

A

Rule: Asking someone to commit a crime.
Common law does not require person solicited to agree to commit crime.
Factual Impossibility is no defense.

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16
Q

Conspiracy

A

Rule: Agreement with intent to agree and pursue unlawful objective

Majority requires overt act, even mere preparation, in furtherance of conspiracy to ground liability

Minority/Common law only requires agreement itself

Common Law: Agreement need not be expressed. Intent may be inferred from conduct. Bilateral Approach.

Unilateral Approach = Modern Trend. Requires only one person have criminal intent

WITHDRAWAL CAN NEVER RELIEVE OF CONSPIRACY, ONLY SUBSEQUENT CRIMES ON CONSPIRATORS

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17
Q

Attempt

A

Rule: (1) Specific intent (2) plus overt act in furtherance of the crime

Overt Act = Substantial step; Mere preparation is NOT sufficient

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18
Q

Attempt - Defense of Abandonment

A

Majority: Once substantial step taken, abandonment is never a defense

Minority/MPC: Defense only if (1) fully voluntary and (2) complete renunciation of criminal purpose

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19
Q

Attempt - Impossibility

A

Legal: May be used

Factual: May not be used

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20
Q

Insanity Defenses - MIDM

A

(1) M’Naghten - Defendant lacked ability to know wrongfulness of actions or nature and quality of actions
(2) Irresistible Impulse - Lacked capacity for self control and free choice
(3) Durham Rule - Conduct product of mental illness
(4) MPC Approach - Lacked ability to conform conduct to requirement of law

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21
Q

Intoxication

A

(1) Voluntary - Only defense to specific intent crimes

(2) Involuntary - Occurs (1) unknowingly or (2) under duress. Defense to all crimes.

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22
Q

Infancy

A

(1) Under 7 - no criminal liability

(2) Under 14 - rebuttable presumption of liability

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23
Q

Self-Defense - Non deadly force

A

May use anytime victim REASONABLY BELIEVES force is about to be used on him

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24
Q

Self-Defense - Deadly force

A

Majority: May use anytime victim REASONABLY BELIEVES deadly force is about to be used on him

Minority: Required to retreat if safe to do so except:

(1) in your home
(2) victim of rape or robbery
(3) Police officer

25
Q

Self Defense - Original Aggressor

A

To get self-defense back, one must:

(1) withdraw; and
(2) communicate withdrawal

26
Q

Defense of Others

A

Rule: Reasonably believes that the person assisted would have had right to use force in own defense

Majority: Need not be special relationship between defendant and person in defense he acted

27
Q

Defense of Dwelling

A

Deadly force may never be used solely to defend your property

28
Q

Duress

A

Rule: Defense to criminal act if:

(1) Person acts under threat of imminent infliction of death or GBI; and
(2) Belief is reasonable

Threats to third person may also suffice

IS NOT A DEFENSE TO HOMICIDE

29
Q

Necessity

A

Rule: Justifiable if result from pressure from (1) natural forces and (2) defendant reasonably believes that conduct was necessary to (3) avoid great societal harm

30
Q

Mistake of Fact

A

Rule: Only defense when (1) mistake negates intent and (2) is reasonable

May always be used for specific intent crimes, no matter how ridiculous

31
Q

Availability of Mistake of Fact Defense

A

(1) Specific Intent - Always
(2) General Intent - Must be reasonable
(3) Malice - Must be reasonable
(4) Strict Liability - Never

32
Q

Consent

A

Rule: Generally no defense

33
Q

Entrapment

A

Valid if:

(1) Criminal design originated with police; and
(2) defendant not predisposed to commit the crime

34
Q

Battery

A

Rule: Unlawful application of force that result in:

(1) bodily injury or
(2) offensive touching

Need not be:

(1) Intentional or
(2) Applied directly

35
Q

Assault

A

Rule: Occurs when:

(1) Attempt to commit battery; or
(2) Intentional creation of reasonable apprehension of imminent bodily harm (Not by mere words)

36
Q

Aggravated Assault

A

Rule: Occur with Assault + either:

(1) Deadly or dangerous weapon; or
(2) Intent to rape, maim, or murder

37
Q

Homicide

A

(1) Murder: Unlawful killing of another human being with malice aforethought
(2) Cause in-fact: Defendant’s conduct is but-for cause of death
(3) Proximate cause: Defendant responsible for all results that are natural and probable consequence of conduct, even if not anticipated

38
Q

Malice aforethought - State of Mind

A

(1) Intent to kill
(2) Intent to inflict GBI
(3) Intent to commit a felony
(4) Reckless indifference to an unjustifiably high risk to human life

39
Q

Degrees of Murder

A

(1) First-degree
(2) Second-Degree
(3) Voluntary Manslaughter
(4) Involuntary Manslaughter

40
Q

First-Degree Murder

A

(1) Premeditated Killing: Must be human and act with intent or knowledge conduct would cause death

(2) Felony-Murder: Any foreseeable killing, even accidental, committed during course of felony
(a) Defense:
(1) Defense to underlying felony is defense to felony murder.
(2) Reached point of temporary safety
(3) Not liable for death of co-felon

Homicide of police officer:

(1) Defendant knew it was police officer; and
(2) Officer acting in line of duty

41
Q

Second-Degree Murder

A

(1) “Depraved heart killing”: a killing done with reckless indifference to an unjustifiably high risk to human life; or
(2) Everything not first-degree murder

42
Q

Voluntary Manslaughter

A

(1) Heat of passion from adequate provocation
(2) Provocation would arouse sudden and intense passion in mind of ordinary person
(3) No sufficient time for reasonable person to cool off; and
(4) Defendant did not cool off

43
Q

Imperfect Self-Defense

A

(1) Honest, but unreasonable belief life in imminent danger

Will reduce murder to manslaughter

44
Q

Involuntary Maslaughter

A

(1) Criminal Negligence; or

(2) Misdemeanor manslaughter

45
Q

False imprisonment

A

Rule: Unlawful confinement with valid consent

Note:
(1) Known alternate route available eliminates confinement element

(2) Consent is defense

46
Q

Kidnapping

A

Confinement of person with movement or concealment

47
Q

Rape

A

Any penetration completes crime of rape

48
Q

Statutory Rape

A

Strict liability

Consent and mistake of fact is no defense

49
Q

Larceny

A

Rule:

(1) Wrongful taking
(2) by carrying away
(3) of property of another
(4) by trespass
(5) with intent to permanently deprive

Note:
(1) Slightest movement is sufficient

(2) Intent must exist at time of taking
(3) If intent developed after taking, can be guilty under continuing trespass
(4) If taken in belief property is yours, it is not larceny

50
Q

Embezzlement

A

Rule:

(1) Fraudulent conversion
(2) of property of another
(3) by person in lawful possession

51
Q

False Pretenses

A

Rule:

(1) Obtaining title
(2) To personal property of another
(3) By intentional false statement
(4) With intent to defraud

52
Q

Larceny by Trick vs. False Pretenses

A

Larceny by Trick = only possession of property obtained

False Pretenses = title obtained

53
Q

Robbery

A

Rule:

(1) Taking
(2) Personal property
(3) From other’s person or presence
(4) By force or threats of immediate harm
(5) With intent to permanently deprive

Note:
(1) Threat must be imminent, not days away

54
Q

Extortion

A

Rule:

Knowingly seeking to obtain property or services by means of a future threat

55
Q

Robbery vs. Extortion

A

(1) Don’t need to take anything to be extortion
(2) Extortion = Threats of future harm
(3) Robbery = Threats of imminent harm

56
Q

Forgery

A

Rule:

(1) Making or altering
(2) a fraudulent writing with apparent legal significance
(3) with intent to defraud

57
Q

Fraudulently Obtaining Signature of Another

A

If defendant fraudulently causes 3rd person to sign document that 3rd person does not realize he is signing, forgery has been committed.

If 3rd person realizes he is signing, then forgery has not bee committed even if induced to sign by fraud.

58
Q

Burglary

A

Rule:

(1) Breaking
(2) And entering
(3) Of dwelling
(4) Of another
(5) At nighttime
(6) With intent to commit felony therein

Note:
(1) No breaking if window or door is wide open

(2) Constructive breaking = breaking by fraud or threat
(3) Entering = any body part crosses into house
(4) Dwelling cannot be barn or commercial structure
(5) Felonious intent must exist at time of breaking and entering

59
Q

Arson

A

Rule:

(1) Malicious (Reckless indifference)
(2) Burning
(3) Of dwelling
(4) Of another

Note:
(1) Charring is sufficient; Scorching is not sufficient

Bar Exam (3 decks)

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