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Crim Law/Crim Pro > Crim Law > Flashcards

Crim Law Flashcards

1
Q

Jurisdiction

A

A state acquires jurisdiction over a crime if either the conduct or the result happened in that state.

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2
Q

Merger

A
  1. Generally, there is no merger of crimes in American law.
  2. But: solicitation and attempt do merge into the substantive offense. Thus, if you have completed a crime, you cannot be convicted of attempting to commit that crime.
  3. Note: conspiracy does NOT merge into substantive offense. Thus, you CAN be convicted of conspiring to do something and doing it.
    a. Ex: remember ex where there’s solicitation and conspiracy  solicitation merges with merger
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3
Q

Two types of crime

A

Felonies - punishable by death or imprisonment for more than one year

Misdemeanors

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4
Q

Constitutional Limits on Criminal Statutes

A

(1) must give fair warning
(2) no arbitrary and discriminatory enforcement
(3) no ex post facto laws
(4) no bills of attainder

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5
Q

General elements of a crime

A

actus reus
mens rea
concurrence
harmful result + causation

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6
Q

actus reus
omission as act
when is there a legal duty to act?

A

voluntary physical act. act is a bodily movement.

omission is an act if: (1) legal duty to act, (2) d has knowledge of duty, and (3) reasonably possible to perform the duty.

legal duty to act when:

  1. by statute
  2. by contract
  3. because of relationship between parties
  4. you voluntarily assume duty and fail to adequately perform it
  5. you created the peril
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7
Q

What is specific intent and what are the 11 specific intent crimes?

A

Crime may require specific intent or objective in addition to an act. Specific intent may be implied from manner in which the crime was committed.

inchoate offenses:

  1. solicitation
  2. conspiracy
  3. attempt
  4. first-degree murder
  5. assault
  6. larceny
  7. embezzlement
  8. false pretenses
  9. robbery
  10. burglary
  11. forgery
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8
Q

What are the malice crimes and what intent is necessary?

A

common law murder and arson

You don’t need specific intent, you need reckless disregard of an obvious or high risk that the particular harmful result will occur.

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9
Q

When is general intent required? What are typical examples of general intent crimes?

A

General intent is the big catch-all category. The fact a d committed the particular act is sufficient for the jury to infer general intent.

General intent means that the Defendant has general awareness that she is acting in a manner that would be prohibited by law.

Battery, rape, kidnapping, false imprisonment

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10
Q

Transferred Intent; when does it apply

A

A defendant can be liable under the doctrine of transferred intent where she intends the harm that is actually caused, but to a different victim or object.

ALWAYS TWO CRIMES FOR TRANSFERRED INTENT You can be convicted for specific intent crime of first-degree murder AND attempted murder with regard to person you shot at and missed.

applies to homicide, battery, and arson (NOT ATTEMPT)

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11
Q

Strict Liability Offenses

A

A strict liability offense is one that doesn’t require awareness of all the factors constituting a crime - guilty from mere fact the defendant committed the act. Defenses that negate state of mind aren’t available.

Selling liquor to minors, statutory rape, bigamy

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12
Q

What are the MPC categories of intent? Subjective or objective?

A

Purposely (subjective) - when d’s conscious object is to engage in conduct
Knowingly (subjective) - one acts knowingly when he is aware that his conduct will very likely cause the result.
Recklessly (subjective and objective) - one acts recklessly when he consciously disregards a substantial and unjustifiable risk.
Negligently (objective) - one acts negligently when he fails to be aware of a substantial and unjustifiable risk where such failure is a substantial deviation from the standard of care

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13
Q

Causation and concurrence

A

Concurrence requirement: the defendant must have had the intent necessary for the crime at the time he committed the act constituting the crime.

Causation: some crimes (e.g. homicide) require a harmful result and causation. Thus, a crime is defined to require not merely conduct, but also a specified result (e.g. death), the d’s conduct must be both the cause-in-fact and the proximate cause of the specified result.

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14
Q

What are the three actors in accomplice liability? When are they liable?

What is the scope of an accomplice’s liability?

How does an accomplice withdraw?

A
  • Principal: one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result
    [liable for principle crime]
  • Accomplice: one who aids, advise, or encourages the principal in the commission of the crime charged
    [to be convicted of substantive crime as an accomplice, accomplice must have: (1) intent to assist the principal in the commission of the crime, and (2) intent that the principal commit the crime]
    … if substantive crime requires recklessness or negligence as mens rea, intent element is satisfied if accomplice (1) intended to assist crime, and (2) acted with recklessness/negligence …
  • Accessory after the fact: one who receives, comforts or assists another knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction.

An accomplice is responsible for the crimes she committed or aided/advised/encouraged and for any other crimes committed in the course of committing the crime contemplated, as long as the other crimes were probable and foreseeable.

If the person encouraged the crime, the person must repudiate the encouragement.

  • If the person aided by providing assistance to the principal (such as giving materials), he must do everything possible to neutralize this assistance (such as attempting to retrieve the materials).
  • An alternate means of withdrawing is to contact the police.
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15
Q

conspiracy - elements
Do we need a covert act?

When can a conspirator be convicted of a crime committed by another conspirator?

What is the effect of factual impossibility? Withdrawal?

A

conspiracy is an (1) agreement, (2) with an intent to agree, and (3) an intent to further an unlawful objective.

If true intention was to catch the act/set up partner, no intent and one guilty mind is not enough.

Majority of states require a covert act. (any little act will do)

A conspirator can be convicted of a crime committed by another conspirator if:

(1) the crimes were committed in furtherance of the objectives of the conspiracy, AND
(2) the crimes were foreseeable, AND
(3) no VOLUNTRAY withdraw
- recall sick person that couldn’t make it but helped prepare: liable for actual robbery

Factual impossibility is no defense to conspiracy.

Withdrawal, even if it’s adequate, can never relieve the d from liability for the conspiracy itself - but you can withdraw from liability from other conspirators’ subsequent crimes.

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16
Q

What is solicitation? When does it end?

A

Asking someone to commit a crime with the intent that the person solicited commit the crime. Ends when you ask them.

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17
Q

What is attempt? Is there a defense of abandonment?

A

(1) specific intent to commit the crime plus (2) overt act in furtherance of the crime.

Overt act must be substantial step, not just mere preparation. No defense of abandonment after this step taken.

18
Q

What is common law murder and the different degrees?

A

murder is the unlawful killing of another human being with malice aforethought. Such a state of mind exists if there is:

premeditated intent to kill (first degree murder)

intent to commit a felony (first degree)

[homicide of a police officer is first degree - d must know he’s a police officer and victim must be acting in the line of duty]

intent to inflict great bodily harm (second degree)

reckless indifference to an unjustifiably high risk to human life (second degree)

19
Q

What is felony murder and what are the five important points regarding it?

A

Rule: any killing – even an accidental killing – committed during the course of a felony
- At common law, it had to be an inherently dangerous felonies: BARRK (burglary, arson, rape, robbery, kidnap)

(1) if the Defendant has a defense to the underlying felony, then she has a defense to felony murder.
Ex: Angelina is drunk; she and brad rob store and brad accidentally kills store owner; she is not liable for felony murder because she has defense (voluntary intoxication) to specific intent crime of robbery

(2) the felony they are committing must be a felony other than the killing.
(3) the deaths must be foreseeable.
(4) deaths caused while fleeing from a felony are felony murders. BUT once the D reaches a point of temporary safety, deaths caused thereafter are NOT felony murders.

(5) at common law, D is NOT liable for the death of a co-felon as a result of resistance by the victim or police.
- Ex: Store owner accidentally kills bystander during robbery: robbers are liable for felony murder
- Ex: Store owner accidentally kills one of the robbers: other robber not liable for felony murder

20
Q

What is voluntary manslaughter?

A

(1) killing in the heat of passion resulting from an adequate provocation by the victim;
(2) the provocation must be one that would arouse sudden, intent passion in the mind of an ordinary person such to cause him to lose self-control;
(3) there must not have been a sufficient time between the provocation and the killing for the passions of a reasonable person to cool; and
(4) the defendant in fact did not cool off between the provocation and the killing

21
Q

What is the imperfect self-defense rule?

A

If defendant (1) was at fault in starting the altercation or (2) has an honest but unreasonable belief that his life was in imminent danger, this defense will reduce a murder to manslaughter.

22
Q

What is involuntary manslaughter?

A

(1) a killing of criminal negligence, or

(2) misdemeanor manslaughter – killing someone while committed a misdemeanor or an un-enumerated felony

23
Q

Murder - Cause in fact, proximate cause

A

Cause in fact: the defendant’s conduct must be the cause in fact of the victim’s death. In other words, the death would not have occurred but for the defendant’s conduct.

Proximate cause: the general rule is that a defendant is responsible for all results that occur as a natural and probable consequence of his own conduct even if he did not anticipate the exact manner in which they would occur.

24
Q

battery

A

unlawful application of force to the person resulting in either bodily injury or offensive touching.

25
Q

assault

A

(1) an attempt to commit a battery, or

(2) the intentional creation – other than by mere words – of a reasonable apprehension of imminent bodily harm

26
Q

aggravated assault

A

Aggravated assault is an assault plus one of the following:

  • Use of deadly or dangerous weapon, or
  • With the intent to rape, maim, or murder
27
Q

false imprisonment

A

unlawful confinement of a person without his valid consent. (must be no reasonable way out)

28
Q

kidnapping

A

confinement of a person with either some movement or napping, OR concealment in a secret place.

29
Q

rape; statutory rape

A

sexual assault; any penetration completes the crime

statutory rape is a strict liability crime; consent can’t be a real defense

30
Q

larceny

A

common law larceny requires a (1) wrongful taking, a carrying away of property of another

(2) by trespass
(3) with intent to permanently deprave at the time of the taking.
- if she decides to later keep it - she can be guilty of larceny under continuing trespass

31
Q

embezzlement

A

the fraudulent conversion of property of another. embezzler always has lawful possession followed by an illegal conversion.

32
Q

false pretenses

A

the defendant persuades the owner of property to convey the title by false pretenses (false representation). This is distinguished from larceny by trick which only involves possession of the property, while false pretenses involves title.

33
Q

robbery

A

(1) the taking of personal property of another from the other person’s presence,
(2) by force or threat
(3) with the intent to permanently deprive him of it. (also remember robbery and attempted robbery merge)

34
Q

extortion

A

(1) knowingly seeking to obtain property or services

(2) by means of a future threat.

35
Q

forgery

A

The making or altering of a false writing with intent to defraud. Writing must have apparent legal significance

36
Q

burglary

A

(1) breaking and entering of a dwelling of another
(2) at night
(3) with the intent to commit a felony

37
Q

arson

A

the malicious burning of a dwelling of another.

no specific intent required - reckless disregard of an obvious risk that the structure would burn will suffice for arson culpability.

38
Q

four insanity defense tests

A
  1. M’Naghten rule: at the time of his conduct, Defendant lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.
  2. Irresistible impulse: defendant lacked the capacity for self-control and free choice
  3. Durham Rule: Defendant’s conduct was produce of mental illness
  4. Model Penal Code: D lacked ability to conform his conduct to the requirements of law.
39
Q

intoxication as a defense

A

Voluntary intoxication: Self-induced intoxication
Voluntary intoxication is a defense on the bar exam only to specific intent crimes (and no other kind of crime).

Note: for purposes of the bar exam, addicts and alcoholics are always considered voluntarily intoxicated.

Involuntary intoxication

(1) unknowingly being intoxicated, or
(2) becoming intoxicated under duress

40
Q

First Degree Murder

A
  • First degree murder is defined by statute as a murder committed with premeditation and deliberation;
  • if the defendant made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing, even if only for a brief period, it is first degree murder
  • first degree murder may also include a murder committed during he commission of an enumerated felony

Crim Law/Crim Pro (2 decks)

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