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Crim Law Flashcards

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1
Q

A state has jurisdiction over a crime if

A

-an act/element of offense was committed there
-an act outside the state caused a result inside the state

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2
Q

These crimes merge into superseding offense

A

Solicitation and Attempt
(Conspiracy does NOT)

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3
Q

Elements of a crime

A

Mens rea, Actus reus, concurrence of M/A

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4
Q

For the Actus Reus, to qualify as a physical act, it must be ___ and not ___

A

a voluntary bodily movement

an involuntary movement (reflex, convulsion, sleep walking, etc)

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5
Q

Failure to act can make one liable if

A

-They had a duty
-The knew of the facts giving rise to the duty
-It was reasonable to perfom

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6
Q

A legal duty to act arises from five circumstances

A

-Statute
-Contract
-Relationship
-Voluntary assumption of care
-Def created the peril

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7
Q

Specific intent crimes are:

A

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

Solicitation
Conspiracy
Attempt
First Deg Murd
Assault
Larceny
Embezzlement
False pretenses
Robbery
Burglary
Forgery

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8
Q

Malice crimes at common law are

A

Murder and arson

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9
Q

The intent for common law malice crimes is

A

reckless disregard of an obvious high risk that a particular harmful result will occur

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10
Q

The intent for common law malice crimes is

A

reckless disregard of an obvious high risk that a particular harmful result will occur

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11
Q

Defenses ONLY available to specific intent crimes are:

A

-Unreasonable mistake of fact
-Voluntary intoxication

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12
Q

General intent crimes are

A

Battery, Rape, Kidnapping, False Imprisonment

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13
Q

Intent under the MPC is

A

-Purpose - result was conscious object
-Knowledge - knowing that their conduct will necessarily cause a particular result
-Recklessly - conscious disregard of substantial and unjustifiable risk
-Negligence - fail to be aware of a substantial and unjustifiable risk

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14
Q

Objective/Subjective test for MPC intent

A

Purpose - subjective
Knowledge - subjective
Recklessness - subjective and objective
Negligence - objective

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15
Q

Mens Rea for Common Law crimes

A

Specific intent
General intent
Malice
Strict liability
(all subjective except strict)

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16
Q

Transferred intent is

A

Intent to cause harm and resulting harm caused to a different victim or object.

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17
Q

Common law parties to a crime are:

A

-Principal 1st deg - actually acted
-Principal 2nd deg - aided, advised, encouraged
-Accessories before the fact - assisted or encouraged but not present
-Accessories after the fact - assisted in escape

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18
Q

At common law, a precondition for conviction of an accessory is

A

Conviction of the principal (most jurisdictions have abandoned this)

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19
Q

Under modern statutes, parties to a crime are

A

Principal - requisite mental state, actual act
Accomplice - aids, advises, encourages
Accessory after the fact - aids in escape

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20
Q

Under modern statutes, an accomplice is liable for ___ and all ____ if ___

A

Principal crime intended and any crimes committed in the course if they were foreseeable

They intended to assist and intended for the principal to commit the principal crime

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21
Q

For withdrawal of principals or accomplices under modern statutes to be effective, the following must be true:

A

-Must occur before crime becomes unstoppable

AND the following tilts in favor of effective withdrawal
-repudiate any encouragement
-attempt to neutralize assistance
-Notify the police

Mere absence is insuff to be withdrawal

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22
Q

Conspiracy elements under common law are

A

-Agreement between people
-Intent to enter that agreement
-Intent by of people to achieve objective

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23
Q

Conspiracy elements under MPC are

A

-Agreement between people
-Intent to enter that agreement
-Intent to achieve objective
-An overt act (mere prep is sufficient)

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24
Q

Difference between Unilateral and Bilateral approach for conspiracy

A

Bilateral (Traditional Rule) = all parties to conspiracy had to have guilty minds
Unilateral (Modern rule) = only one party must have a guilty mind

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25
When does conspiracy end
At completion of the wrongful objective
26
Coconspirators can be liable for crimes committed by other conspirators if
In furtherance of the objectives of the conspiracy AND foreseeable
27
Withdrawal from the conspiracy is generally not a defense to ____ but is a defense to ____
The conspiracy itself (complete at agreement [CL] + act [Mod]) Crimes committed in futherance of the conspiracy
28
Withdrawal from conspiracy requires
Required: -An affirmative act notifying all members of withdrawal -With enough time to abandon Helpful: -neutralize any assistance
29
Elements of solicitation
-Asking, inciting, advising, urging another to commit a crime -With intent that they commit that crime
30
Factual impossibility is ___ a defense for ____
NOT Conspiracy, Solicitation, or Attempt
31
Attempt elements are
-Specific intent to commit the crime -Act in furtherance (beyond mere prep // prox test + substantial step test)
32
For attempt, an act in furtherance must be
Beyond mere preparation
33
Attempt tests for an act in furtherance
-Most courts hold that the Def must take a "substantial step" toward commission -Traditional courts looked to the "proximity test," requiring the person be dangerously close to the completion of the crime
34
Abandonment of attempt under common law is not a
defense
35
Abandonment of attempt under MPC
is a defense if -Fully voluntary (not merely due to hardship) -Complete (not putting it off)
36
Legal impossibility is
Where no crime would have been committed even if Def had completed their intended actions It is a defense to Attempt
37
Common law murder is
the unlawful killing with malice aforethought
38
Malice aforethought exists if no mitigating circumstances and a killing was committed with any of the following:
-Intent to kill -Intent to inflict great bodily harm -Reckless indifference to an unjustifiably high risk to human life (depraved heart) -Intent to commit a felony
39
Statutorily defined types of murder
1st Degree 2nd Degree Voluntary manslaughter Involuntary manslaughter
40
1st Degree murder is
A killing that is Deliberate (cool/dispassionate) and Premeditated (reflected on)
41
1st Degree murder is
A killing that is: -Deliberate - cooly and dispassionately decided to act -Premeditated - after considering for even a second
42
1st Degree Felony Murder
killing committed during an enumerated or inherently dangerous felony
43
2nd Degree Murder
Killing with a depraved heart (reckless indiff to sub unjustifiable risk)
44
2nd Degree Felony Murder
Any death caused in commission/attempt of a felony so long as -Murder distinct from felony itself -Death was foreseeable -Death caused before felony ended (def reaches place of safety)
45
The proximate cause theory for felony murder states
A felon is liable for deaths of innocent victims caused by someone other than a co-felon
46
The agency theory for felony murder states
A felon is liable only if death is caused by a felon or their accomplice, unless they used the victim as a shield or otherwise caused danger
47
Voluntary manslaughter is
Killing that would be murder, but for adequate provocation
48
Provocation is adequate to mitigate murder to VolMans if
-Defs acts would cause a sudden and intense passion to an ordinary person -That actually provoked the defendant -Who did not have sufficient time to cool -and did not cool
49
Imperfect self defense may mitigate murder to Voluntary Manslaughter if
-Even though Def initiated the altercation OR -Def unreasonably but honestly believed deadly force was necessary
50
Involuntary manslaugher is a killing committed
-With criminal negligence (recklessness under MPC) -In some states, during the commission of an unlawful act if foreseeable (misdemeanor or felony not included in felony murder rule)
51
Depraved heart is different from Involuntary Manslaughter because
DH requires a high risk of death InvolMans requires a substantial risk
52
To be any type of murder, the Def's actions must be the
Cause in fact (but for) AND Proximate cause (natural/probable cause)
53
A Def is still liable for murder even if their act is not the sole cause if it
Hastens an inevitable result OR Is one of multiple acts that could have independently caused the death
54
Elements of battery are
Unlawful application of force To person of another Amounting to harmful OR offensive touching Battery does not need to be intentional
55
Aggravated battery is
Battery with a deadly weapon Battery resulting in serious bodily harm Battery of a child, woman, or police officer
56
Assault is either
-Attempt to commit a battery (must have intent to commit battery) OR -Intentional creation of reasonable apprehension of imminent bodily harm (mere words are not enough)
57
Aggravated assault is
Assault plus -Use of a deadly weapon OR -intent to rape, maim, or murder
58
False imprisonment elements
Unlawful confinement or restraint To a bounded area (no reasonable means of escape known to plaintiff) MPC requires that confinement to "interfere substantially" with victim's liberty
59
Kidnapping is
unlawful confinement AND movement OR concealment
60
Rape or sexual assault is
Intercourse without consent which can be accomplished by -actual force -threat -incapacity -fraud
61
Under Traditional Rule and MPC a ___ cannot rape ____, but modern laws ____
Husband can't rape his wife Reject this rule
62
Larceny elements are
-Taking and -Carrying away of -Tangible personal property of another -Without consent -With intent to deprive permanently
63
Larceny can occur where you own the property but
The property has been entrusted to another (a bailee)
64
Larceny can occur with the following types of property that are separated from their owner
Lost or mislaid property, but NOT abandoned property
65
Larceny can occur through "Continuing Trespass" if
OG taking occurs w/o intent to deprive permanently, but later the intent to deprive develops However, if the OG taking was not wrongful, it is not larceny
66
A person cannot be guilty of larceny if
-They believe they own the property -They only intend to borrow the property -They are taking the property as repayment of a debt
67
Elements of embezzlement are:
-Fraudulent -Conversion of -Another's property -While in lawful possession of that property
68
Embezzlement requires specific intent which is negated by
-An intent to restore the EXACT property (not similar/identical property) -Belief that the individual has a claim of right to the property
69
False pretenses elements
-Obtaining title to -Personal property of another -By intentional false statement of past or existing fact (or future, under MPC) -Which actually deceives individual -With intent to defraud
70
Larceny by trick is
Possession or custody obtained by a misrepresentation of fact (does not confer title)
71
Robbery consists of:
-The taking of -Personal property of another -From their person or presence -By force or threat of force -With intent to deprive permanently
72
Burglary is
-Breaking and entering -Into a dwelling (CL) or other building (MS) of another -With intent to commit a felony (CL) or misdemeanor (MS) therein -(CL only) at night
73
Breaking for burglary purposes can be
Actual - physically opening in any way (but going through an open door is not breaking) Constructive - breaking by fraud or threat
74
Intent of burglary requires
an intent to commit a felony at the time of the breaking and entering
75
Arson elements
-Malicious (intentional/reckless disregard of obvious risk) -Burning -Of dwelling (CL) or other property (MS) -Of another
76
The M'Naghten Rule (Right/Wrong Test) for insanity states that a Def is entitled to acquittal if:
-A disease of the mind -Caused a defect -Such that Def did not know the wrongfulness of their actions OR understand the nature and quality of their actions
77
The Irresistible Impulse test states acquittal is warranted if
-A mental illness caused Def to be -Unable to control their actions/conform to the law
78
The Durham (or New Hampshire or Product) test for insanity states a Def should be acquitted if:
The crime was a product of their mental illness (broader than M'Naghten or Irresistible Impulse)
79
ALI or MPC Test provides for acquittal if
Mental disease or defect caused Def to lack substantial capacity to either: -Appreciate the criminality of their conduct OR -Conform to the law
80
For insanity, Defendants are presumed ____ and must ___ the issue. Once raised, they must prove insanity by _____.
Sane Raise Preponderance of the Evidence
81
Involuntary intoxication results from
-Taking of intoxicating substance -Without knowledge of its nature OR -Under direct duress OR -Per medical advice
82
Nondeadly force is an adequate defense if
The person believes such force is necessary to protect from imminent unlawful force
83
Deadly force is a complete defense if
-The person is without fault -Confronted with unlawful force -Reasonably believes imminent death or great harm is threatened
84
The general rule is that retreat ___ necessary. The minority requires retreat unless:
Is NOT The attack occurs: -in victim's home -occurs while victim is making a lawful arrest -during robbery of victim
85
An aggressor may plead self-defense only if
-They withdrew and communicated the withdrawal OR -the victim of initial aggression suddenly escalates a minor incident into a deadly altercation and initial aggressor has no ability to withdraw
86
Defense of others is allowable if
-The defender reasonably believes the victim has the right to use force based
87
Defense of a dwelling with nondeadly force is allowed if
Reasonably believed necessary to prevent/end unlawful entry
88
Defense of a dwelling with deadly force is allowed only
If necessary to prevent violent entry for purpose of attack or commission of a felony
89
_____ force can be used to defend property. ____ force canNOT be used to defend property.
Reasonable nondeadly force Deadly force
90
A person may use force to regain possession if
they reasonably believe the taking was wrongful AND are in immediate pursuit
91
Duress is a defense to any crime but _____
intentional homicide
92
Duress occurs where the individual
Reasonably believes another would imminently kill or greatly harm themselves or another
93
MPC and Modern statutes vary from the traditional duress in that
under the MPC and MS, threats to property may be sufficient if the value of the property outweighs the harm done to society.
94
_____ Mistake of Fact is a defense to any state of mind other than specific intent. _____ Mistake of Fact is a defense to specific intent crimes
Reasonable Unreasonable
95
Entrapment occurs if
-The criminal design originated with law enforcement -The defendant was not predisposed to commit the crime

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