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Crim Law Flashcards

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1
Q

When can a judge instruct the jury on a lesser included offense?

Note: D not charged with lesser included offense?

A

Court can instruct jury on a lesser included offense if––based on E presented at trial––a rational jury could acquit the D of the higher charged offense, but convict the D of the lesser offense

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2
Q

Which inchoate crimes merger?

A

only solicitation & attempt

*Conspiracy does not merge

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3
Q

Solicitation

A
  1. enticed, encouraged, commanded
  2. another to commit a crime
  3. SI that the person commit the crime
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4
Q

Conspiracy – Modern/Majority/MPC

A

Unilateral approach

  1. < 1 person
  2. specifically intends to enter
  3. into an K; and
  4. an overt act was committed
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5
Q

Conspiracy – CL/ Minority

A

Bilateral

  1. 2+ people
  2. specifically intent
  3. to enter into a K

*no overt act needed

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6
Q

Attempt – Act (2 types)

A

CL –Dangerous Proximity Test

Majority/MPC – Substantial Step Test

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7
Q

Dangerous Proximity Test

A

CL test for an “act” under attempt

D performs act sufficiently close to completing crime (must exceed early steps of planning)

EX:
- act necessary for crime’s success;
- act close in time or physical proximity to crime

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8
Q

Substantial Step Test

A

Maj/MPC test for “act” for attempt

D’s conduct exceeds:
1. mere prep
2. strongly corroborates D’s
3. criminal intent

EX:
- surveilling place where crime is to occur

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9
Q

Accessory After the Fact

A
  1. Knows principal committed a felony
  2. Aided/assisted the P after felony committed; and
  3. did so for specific purpose of
  4. helping P
  5. Avoid arrest or conviction

Only G for separate crime – “obstruction of justice” “harboring fugitive”

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10
Q

Accomplice v. Accessory After the Fact

A

Accomplice either helps or encourages Principal with the intent that P will commit the crime

Accessory After the Fact – helping after the crime is done
- includes if he was the getaway driver (didnt know abt crime), then sees crime happen, and still drive P away to safety

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11
Q

Exigent Circumstances

A

Exigent Circumstances – exception that justifies a warrantless police conduct when they have PC to believe that one of the following exists:

  1. Imminent threat E will be destroyed
  2. Hot pursuit – suspect feeling after felony occurred
  3. Emergency aid – immediate threat of harm to PO and/or public
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12
Q

SAD SPACES

A

Exceptions to a warrantless search:

  1. Search incident to valid arrest
  2. Admin search of highly regulated industry
  3. Stop and Frisk
  4. Plain View Doctrine
  5. Automobile Exception
  6. Consent
  7. Exigent Circumstances
  8. Special Govt purposes
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13
Q

Does the exigent circ exception apply when homeowner tells police not to enter [to save them].

A

YES – PO can still enter w/o 4A violation if the HO unequivocally invokes right to a warrant!

If the HO is in danger, PO can enter if they. have an objection reasonable belief that the person needs emergency aid

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14
Q

Robbery v. Armed Robbery

A

Robbery – threatful taking

Armed Robbery – armed threatful taking

Need SI to commit each

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15
Q

Murder – CL

A

Unlawful killing by a human committed w/ malice aforethought:

  1. intent to kill
  2. intent to cause serious bodily harm
  3. depraved heart murder
  4. Felony Murder
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16
Q

Voluntary Manslaughter

A

Intentional killing mitigated by either:

  1. Adequate Provocation – heat of passion
    - no time to cool off
  2. Imperfect Self-Defense
    - D started altercation or unreasonably believed it necessary to use deadly force
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17
Q

Involuntary Manslaughter

A

Unintentional killing either:

  1. Caused by criminal negligence (or recklessness under MPC), that put person in significant risk of harm
  2. Unlawful Act – killing committed during commission of:
    (a) malum in se MisD (assault, battery); or
    (b) felony not treated as 1st or 2nd degree murder

(ie, misD manslaughter; act willfully or constituted crim neg)

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18
Q

Constitutionally Protected Areas

A

areas protected from unlawful 4A search

  1. body
  2. house
  3. papers
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19
Q

Special Govt Purpose

A

Exception to warrantless search/seizure

typically involves situations where the government has a compelling interest or a specific need related to public safety, law enforcement, or national security.

ie, needing to get DNA swabs from arrestees

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20
Q

6A Ineffective Assitance of Counsel

A

D can have conviction overturned by showing:

  1. Deficient Performance – atty’s rep fell below objective profession standard of reasonableness; and
  2. Prejudice – reasonable probably that outcome would be different but for deficiency
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21
Q

Atty Duty to Investigate – capital case

A

6A – IAC

If atty is repping D in capital offense –> has duty to conduct reasonable investigation to determine if there are mitigating facts for penalty phase that may lead to diff outcome

failure to do so –> deficient performance

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22
Q

“maybe I need a lawyer,” said D during interrogation. Does this trigger 5A R2C?

A

No –request for counsel was not unequivocal and explicit, so PO can continue interrogation w/o 5A violation

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23
Q

Use of Deadly Force – Self Defense

A
  1. actual + reasonable belief of imminent serious harm or death
  2. deadly force necessary to prevent harm
  3. not initial aggressor

MAJ* – no duty to retreat
MIN – duty to retreat, unless at home

*maj is default

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24
Q

Attempted Murder

A

D has:
1. SI to commit murder

  1. committed an act in furtherance of murder
  2. did not complete the murder

Once act occurs, D can be convicted of attempt, even if result was factually impossible

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25
Agency Theory of FM
majority rule 1. D is only responsible 2. for deaths caused 3. D's agents (ie cofelons) not responsible for deaths by PO or TP
26
FM – Proximate Cause Theory
Minority 1. D is responsible 2. for deaths 3. caused by any person 4. that is the natural & probable consequence 5. of the felony
27
Larceny
SI 1. trespassory (w/o consent) 2. taking 3. moving 4. of another's personal property 5. w/ SI to dispossess permanently Once property taken & moved (even slightly), change of heart is not a defense
28
Arson
Malice crime 1. malicious 2. burning 3. of a dwelling* 4. of another *CL requires it to be a house; modern laws expand it to be non-residential structure Damages: need charring/damage; not just discoloration
29
Kidnapping
1. intentional 2. unlawful 3. confinement 4. of another 5. against their will 6. by hiding or moving that person *moving can be very slight
30
If kidnapping is coupled with another crime, what happens to the moving element?
Movement of the V must be more than is necessary to complete the other offense
31
False Pretenses
SI 1. knowingly misrepresented 2. a past or present material fact 3. SI to defraud 4. obtained title (ownership) of another's property
32
Forgery
SI 1. making 2. false writing 3. of apparent legal significance 4. SI to defraud
33
MPC – Purposely
Subjective Standard 1. conscious objective 2. is to engage in 3. certain conduct or 4. cause a certain result
34
MPC – Knowingly
Subjective Standard Aware or practically certain result will occur
35
MPC – Reckless
Subjective Standard Consciously disregards substantial & unjustifiable risk
36
MPC – Negligence
Objective standard fails to become aware of a substantial and unjustifiable risk
37
Depraved Heart Murder
1. unintentional killing 2. committed with 3. wanton + willful disregard 4. of an unreasonable risk 5. to human life EX: - shooting into sky/class & bullet hitting person; - shooting arrows knowing kids are playing behind target - throwing bricks off highway with ppl under
38
When does an initial aggressor gain the right to self defense?
1. initial aggressor's use of nondeadly force is met with deadly force; or 2. when IA, in good faith, completely withdraws and communicated that to OP
39
Defenses of Voluntary & Involuntary Intoxication
Voluntary – defense to SI crimes Involuntary – defense to all crimes
40
How is the Breaking element of Burglary satisfied?
Breaking – any amount of force to create an opening into the dwelling Even if the door is unlocked, opening the door and entering is enough
41
Actus Reus
1. voluntary 2. Act or omission 3. to commit a given crime
42
Omission for AR
D's failure to act can constitute AR if: 1. specific legal duty to act 2. D has knowledge of facts giving ruse to duty; and 3. it was reasonably possible for D to perform the duty
43
Mens Rea
Gulity mind
44
Specific Intent Crimes
D must have SI or objective to commit given crime (FIAT) F - first-degree murder I - inchoate offenses A - assault w/ intent to commit battery T - Theft offenses (larceny, etc)
45
Malice Crimes
1. reckless disregard 2. of high risk EX: CL murder, arson
46
General Intent Crimes
Intent to commit an unlawful act - intent: PKRN - transferred intent EX: battery, rape, kidnapping, false imprisonment
47
Transferred Intent
when D acts w/ intent to cause harm to one person/object, and that directly results in harm to another person/object Usually: battery, arson, homicide Does not apply to attempted crimes
48
Strict Liability
No intent or awareness required The act is enough for D to be convicted
49
Vicarious L
D without fault is held L for another’s criminal conduct (like respondeat superior—See Torts) Often arises with employment or business associations
50
SL Crimes
1. statutory rape 2. regulatory crimes 3. Administrative crimes 4. Morally offensive (bigamy)
51
Mistake of Fact
Defense to SI crimes, even if mistake is unreasonable Defense to GI crimes, only if mistake is reasonable
52
Mistake of Law
Def: D relied on court decision/admin order/ official interpretation Defense to SI crimes only
53
What crimes is D charged w/ for Transferred intent?
1. Attempt of targeted person/object 2. Restuling crime against injured person/object
54
Principal
ringleader 1. person 2. whose acts or omissions 3. are the AR 4. of the crime Must be actively/constructively present at scene of crime
55
Accomplice
1. person 2. requisite MR 3. aids/abets 4. Principal 5. before or during 6. commission of crime L is same as P's
56
How can an Accomplice withdraw?
1. repudiate prior aid 2. do all that is possible to countermand prior help; and 3. do so before crime happens
57
Insanity – 4 types
1. M'naghten 2. Irresitible Impulse 3. Durham 4. MPC
58
M'Naghten
Type of insanity D did not know either: 1. nature + quality of act; or 2. wrongfullness of act 3. due to mental illness can't tell right from wrong
59
Irresistable Impulse
Insanity 1. D lacked capacity 2. for self control 3. and free choice 4. due to mental defect Inability to conform to conduct of law
60
Durham
Insanity 1. unlawful act 2. was product 3. of D's mental defect
61
MPC Insanity
Combined M'Naghten + Irresistable Impulse 1. At time of conduct 2. D lacked substantial capacity 3. to appreciate wrongfulness of act 4. or to conform his conduct to law 5. as a result of mental defect
62
Involuntary Intoxication
Taken w/o knowledge of intoxicating nature or under duress Defense to GI, SI, Malice crimes May be a defense to SL by negating voluntary act
63
Felony Murder
CL Murder; 1st Degree Unintended + foreseeable killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony P Must establish that D committed underlying felony BARRK Burglary Arson Robbery Rape Kidnapping
64
First Degree Murder – statutory murder
1. Premeditation & Deliberation; or - after forming intent to kill, D had time to reflect - SI crime 2. Felony Murder could also have heinous acts (bombing, torture)
65
Second Degree Murder
Malice crime – so 3 of the CL murder variations Murder committed w/ malice aforethought
66
Crimes Against Property
larceny larceny by trick forgery emezzlement false pretenses robbery extortion burglary arson – CL poessession offenses Receipt of stolen property
67
Larceny by Trick
SI 1. Larceny 2. obtaining possession 3. of another's property 4. using false statements 5. of past or existing fact
68
Embezzlement
SI 1. fraudulent 2. conversion 3. of another's property 4. by one in lawful possession
69
False Pretenses
SI 1. obtaining title 2. by false pretenses 3. of past or existing fact 4. SI to defraud
70
Receipt of Stolen Property
SI 1. Receipt of possession and control 2. of stolen personal property 3. known to have been illegally obtained 4. w/ SI to permanently dispossess
71
Robbery
SI 1. Wrongful taking 2. of another's personal property 3. from his person or presence 4. by force or intimidation
72
Extortion
SI 1. obtaining property 2. through threats 3. of future harm 4. or exposing information Property need not be on his body or presence
73
Burglary
SI CL Definition: 1. breaking 2. entering 3. of dwelling 4. of another 5. at night 6. w/ SI to commit felony once inside
74
Crimes against a person
battery assualt mayhem kidnapping false imprisonment rape
75
Battery
GI 1. unlawful 2. application of force 3. to another person 4. that causes bodily harm or is offensive touching
76
Assault
Two types: 1. Assault as a threat – GI 2. Attempted Battery – SI
77
Assault as a Threat
GI 1. intentionally 2. placing another 3. in apprehension 4. of imminent bodily harm
78
Mayhem
1. CL felony battery 2. causes dismemberment 3. or permanent disfiguration
79
Kidnapping
GI 1. unlawful 2. confinement of a person 3. against their will 4. coupled w/ either: movement or hiding of that person
80
False Imprisonment
1. unlawful 2. confinement of a person 3. w/o consent FI can become kidnapping if V is moved/concealed
81
Rape
GI 1. unlawful 2. sexual intercourse 3. w/ female 4. against her will 5. by force or threat of immediate force **modern laws make it gender neutral; Fraud/trickery alone ≠ rape
82
Inchoate Offenses
SI CATS Conspiracy Attempt Solitictation
83
Merger
Crime merges w/ target offense Solicitation & attempt merge w/ completed offense Conspiracy does not
84
Solicitation
SI 1. enticing/encouraging/ requesting/ commaning 2. another person 3. to commit a crime 4. w/ intent they commit the crime
85
Conspiracy
SI *CL – Bilateral* 1. agreement 2. 2+ ppl 3. to commit a crime 4. or unlawful objective 5. NO overt act needed *MPC – Unilateral* 1. agreement 2. < 1 person 3. overt act in furtherance needed Termination: upon completion of TP
86
Scope of Conspiracy
Pinkerton Rule Conspirator is L for conspiracy + coconspirators' substantive crimes committed *in furtherance* of conspiracy
87
Withdrawal from Conspiracy
L for Conspiracy: - Majority –– possible after K but before commission of overt act; D must give notice to coconspirators or timely notice to PO -Minority/MPC -- only if D thwarts the success of conspiracy L for substantive crimes: - notice to coconspirators - or timely advising PD of existence
88
Attempt
SI 1. substantial step 2. towards commission of crime (beyond mere prep) 3. SI to commit crime Factual impossibility – NOT A defense Abandonment – NOT a defense if AR done **Attempt merges w/ TO once complete
89
Self Defense – Retreat
Maj: no duty to retreat CL: duty, unless you're at home
90
Defense of Property
- reasonable steps - nondeadly force - force cannot be disproportionate to perceived harm - deadly force only ok if burglary is happening at home - deadly mechanical devices NOT allowed
91
Arrest Defense
- PO can use reasonable force during arrest - PO can use deadly force only if suspect is a threat to PO or TP Resisiting unlawful arrest: - D may use nondeadly force to resist unlawful arrest - NEVER allowed to use deadly
92
Specific Defenses
Self defense defense of others defense of property arrest durress necessity consent entrapment
93
Duress Defense
- TP unlawful threats cause D to believe only way to avoid death/harm is to comply NOT a defense to intentional murder
94
Necessity Defense
forces of nature caused D to commit what would be a crime Not a defense if D set natural forces in motion (starts fire) , or if there is noncriminal alt
95
Consent Defense
Not a defense unless it: 1. negates required element of crime; or 2. precludes harm sought by avoided crime consent must be voluntary
96
Entrapment Defense
crime is induced by govt agent; and D was not predisposed to commit crime

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