Crim Law Flashcards
(47 cards)
In a sentence define felony
Felony is a crime punishable by death or imprinsonment usually for more than 1 year
define misdeamor
Misdemeanor is usually a crime punishable by 1 year or less in prison– less than a felony.
define merger doctrine
Under merger doctrine, lesser offense merge into greater offenses to avoid conviction for both.
Merger applies to attempt and solicitation, but NOT CONSPIRACY.
4 elements of any crim offense + define them
- actus reus (voluntary physical act or ommission)
- mens rea (requisite mental state)
- concurrence (actus reus and mens rea existed at same time)
- causation of harmsul result (both factual + proximate)
define specific intent
Specific intent is type of mens rea where D must have intended to commit the crime they are charged with.
what is malice
Malice is reckless disregard of obvious or high risk that specic harm will result
Malice crimes include Common Law Murder and Arson.
general intent
general intent is a mens rea that requires that D only intended to act in an illegal way–doesn’t require that D intended for specific harm to result.
strict liability
Strict liability crimes have no intent element–D can be guilty only for commiting the illegal act.
Life is strict on MARS.
Morality
Admin
Reg
Statutory Rape
Define an “accomplice”
An accomplice has
the intent to assist the principal **and intent that the principal commit the crime, **
and aids, counsels, or encourages the principal before or during the crime’s commission.
If the underlying crime’s mens rea is negligence or recklessness, then most courts hold the intent is met if accomplice
intended to help the commission of the crime, and acted with negligence or recklessness (whichever required).
Note: Most courts hold that merely selling an ordinary good at ordinary price even with knowledge that it may be used for a crime in insufficient for accomplice liablity.
define “accessory after the fact”
An accesory after the fact is one who helps another to escape legal consequences knowingly they’ve committed a crime.
How can an accomplice effectively withdraw
if accomplice:
encouraged crime–> must repudiate encouragment
provided aid –> must neutralize the aid (like taking back materials)
Another action to prevent the crime must be taken too –such as notifying police.
what is an inchoate offense
Inchoate offense occurs when someone’s action stop short of completing crime.
Include:
1. solicitation
2. attempt
3. conspiracy
solicitation elements
Solcitation is soliciting another to commit a crime.
Actus reus: solicitation
Mens rea: specific intent that person solicited commit the crime
Merger: Yes- merges with the completed offense.
Conspiracy
Conspiracy is an agreement between people to commit a crime.
**Mens Rea: **
Specific intent to
1. enter agreement
2. achieve criminal objective
Common Law: requires two guilty minds
MPC: one guilt mind sufficient
**Actus Reus: **
*Common Law: *
Crime completed once specific intent is met.
*Majority: *
Requires act in furtherance on conspiracy. Mere prep is ok.
NOTE: Conspiracy does NOT MERGE with underlying offense!
Can someone withdraw from conspiracy?
**Withdrawal is NOT a defense to conspiracy. **
**BUT it may be a defense to liability from co-conspirator’s crimes **in furtherance of conspiracy if
(1) affirmative action of withdrawal is taken and
(2) notice is given to all co-conspirators with time for them to have oppotunity to abandon criminal plan
(3) and **if aid **given, it must be neutralized.
Libiality of co-conspirators
A cospirator can be liable of crime comitted by co-conspirator if it was: (1) in furthrance of conspiracy (2) and foreseeable.
Attempt
**Mens Rea: **
specific intent to commit the crime
**Actus Reus: **
* comitting act beyond mere prep
- Most courts: *
use “proximity test”–the act must be dangerously close to completion - MPC:*
act must be a substantial step toward completing the crime
insanity defense
Insanity defense means that D was so mentally ill at time of crime that should be aquitted.
Presumption of Sanity. D has burden of proof.
M’Naughten Rule
Irresistable Impulse Test
NH Test
MPC test
M’Naughten Rule
Insanity is grounds for aquittal if:
DRAWN
- Disease of mind
-
Reason – caused defect in reasoncaused a defect of reason
3. Ability : such that D lacked ability - Wrongfulness: to known wrongfulness of their actions
- Nature: -OR- understand their nature and quaility
Irrestable Impulse
Insanity is grounds for aquittal if:
MC cubed
M= mental disease
C= control actions or
C= conform
C= conduct to law
bc D’s mental disease, they **couldn’t control their actions or conform their conduct to law. **
Durham Test
3D
Insanity is grounds for aquittal if crime was a product of D’s mental disease.**
MPC insanity test
insanity is grounds for aquittal if:
DSAL
D= mental Disease
S= lacked Substantial capacity
A= Appreciate the criminality -
—-OR—-
L = conform conduct to the Law
(lacked the ability to control impulse to kill … even if they know it was wrong)
When is voluntary intoxication a defense?
Voluntary intox is a defense only when it negates specific intent
Infancy
Infancy under Common Law:
* under age 7 –> no liability
* ages 7- 14 –> is rebuttable presumption that child could not understand wrongfulness of their acts
Infancy under modern law:
defense to all ADULT crimes, but can be delinquent in juvenille or family court
