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Bar Exam > Crim Law > Flashcards

Crim Law Flashcards

1
Q

Specific Intent

A

Intent to cause the exact result that’s criminalized

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2
Q

Specific Intent Crimes

FIAT

A
  1. First Degree Murder
  2. Inchoate crimes - conspiracy, attempt, solicitation
  3. Assault with attempt to commit battery
  4. Theft crimes - larceny, burglary, robbery, forgery, embezzelment
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3
Q

MAlice Crimes

A
  1. Murder
  2. Arson
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4
Q

General Intent

A

Intent to perform an act

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5
Q

MPC States of Mind

A
  1. Purposely - highest culpability
  2. Knowingly and willfully
  3. Recklessly
  4. Negligently
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6
Q

Principals

A

Rule - Ds whose act or omission forms the actus reus

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7
Q

Accomplice Liability

Intent + Definition

A

People who assist the principal before or during the commission of a crime

Must have intent of assisting the principal

Same degree of liability as principal - liable for:
1. Planned crime, and
2. Foreseeable crimes

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8
Q

Accessories after the Fact

A

People who assist D after the crime has been committed

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9
Q

Accomplice Liability Mental States

Majority & minority

A

Majority/MPC - must act with purpose/intent to assist

Minority - intentionally or knowingly aids or causes another person to commit offense

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10
Q

Mistake of Law Defense

A

Not a defense

Three exceptions:
1. Reliance on high level government interpretations
2. Lack of notice
3. Mistake of law that goes to an element of specific intent

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11
Q

Mistake of Fact Defense

For each type of intent

A
  • Strict Liability - never defense
  • General Intent - only if mistake is reasonable and goes to the criminal intent
  • Specific Intent - valid defense regardless of whether mistake is reasonable or unreasonable
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12
Q

4 Insanity Tests

A
  1. M’Naghten
  2. Irresistable Impulse
  3. Durham Rule
  4. MPC

ALL require that D have a mental disease/defect

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13
Q

M’Naghten Test

A

D either did not know the nature of the act or did not know that the act was wrong because of mental disease/defect

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14
Q

Irresistable Impulse

A

D has a mental disease or defect that prevents D from controlling himself

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15
Q

Durham Rule

A

D would not have committed the crime but for having a mental disease/defect

Rarely use

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16
Q

MPC Insanity Test

A

Due to mental disease/defect, D did not have the substantial capacity to appreciate the wrongfulness of his actions or conform his conduct to the law

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17
Q

Involuntary Intoxication Defense

A

Valid for general, specific, and malice crimes if negates the necessary mens rea

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18
Q

Voluntary Intoxication Defense

A

Specific intent crimes only and must prevent D from forming mens rea

19
Q

Conspiracy Elements

Common Law + MPC

A

Common Law & MPC
1. Agreement
* CL - two guilty minds
* MPC - at least one guilty mind
2. Between two or more people
3. To commit an unlawful act

MPC
1. Performance of an action in furtherance of conspiracy

Can be liable for conspiracy AND all substantive crimes committed by other conspirators in furtherance of the conspiracy

20
Q

Withdrawing from Conspiracy

Common Law + MPC

A

Common Law - cannot withdraw, crime is completed when agreement is made

MPC - Must:
1. Communicate intention to withdraw to all other conspirators, or
2. Inform police about the agreement
3. If conspirator withdraws after engaging in an overt act, can only withdraw by trying to thwart the conspiracy

21
Q

Attempt Elements + Defenses

A

Attempt requires:
1. Specific intent to commit the criminal act
2. Performs an overt act in furtherance of the crime BUT
3. Does not complete it

Defenses - all SI crime defenses

Merges into completed offense

22
Q

Solicitation

A

Occurs when an individual intentionally invites, requests, or commands another person to commit a crime

If person agrees –> conspiracy is formed

If complete crime - solication merges with completed offense

23
Q

Homicide Rule Statement

A

Homicide is the killing of a living human being by another human being

24
Q

First Degree Murder

A

Rule - First degree murder is the deliberate and premeditated killing of another, or a killing resulting from an inherently dangerous felony.

25
Q

Common Law Murder

Rule + Types of Malice

Same as Second Degree Murder

A

Rule - Common law murder is the unlawful killing of another with malice aforethought.

4 Types of Malice
1. Intent to kill
2. Intent to inflict serious bodily harm
3. Abandoned or malignant heart, or depraved heart
4. Felony Murder - BARRK

26
Q

Voluntary Manslaughter

Rule + Test

A

D intends to kill the victim but acted in the heat of passion or under extreme emotional disturbance

Test - Is the situation one in which most people would act without thinking and without time to cool off?

27
Q

Involuntary Manslaughter

A

Criminally negligent killing or killing of someone while engaging in a crime other than those covered by felony murder

28
Q

Larceny

A

Larceny is the:
1. Taking or moving
2. Of another person’s property
3. Without their permission (trespassory)
4. With intent to deprive them of it permanently

Specific Intent crime

29
Q

Embezzlement

A

Variation of larceny

D starts with having V’s consent to have the property but converts the property to his own use

30
Q

False Pretenses

A

Variation of larceny

D obtains title to someone’s property through act of deception

31
Q

Robbery

A

Larceny + Assault

  1. Taking
  2. Another person’s property
  3. Without their consent
  4. With intent to deprive them of it permanently, and
  5. The taking occurs from the V’s person or in V’s presence
  6. Either by violence or putting V in fear of imminent physical harm
32
Q

Burglary

A
  1. Breaking and
  2. Entering
  3. The dwelling - MPC - commercial buildings + dwellings
  4. Of another
  5. At night - common law only
  6. With the specific intent to commit a felony once inside
33
Q

Battery

A
  1. Unlawful
  2. Application of force
  3. To another person
  4. That causes (1) bodily harm or (2) offensive touching

General Intent crime

34
Q

Assault

A

Two Types:
1. Attempted battery - SI crime
2. Intentionally placing another in fear of imminent bodily harm - GI crime

35
Q

Kidnapping

Common Law

A
  1. Unlawful
  2. Confinement of another person
  3. Against that person’s will
  4. Etiher by hiding or moving V
36
Q

Arson

A
  1. Malicious
  2. Burning
  3. Of another person’s - MPC - own home too
  4. Dwelling - MPC - commercial buildings & dwellings
37
Q

Felony Murder Crimes

A
  1. Burglary
  2. Arson
  3. Rape
  4. Robbery
  5. Kidnapping
38
Q

Self-Defense + Deadly Force

A
  1. Actual and reasonable belief of imminent serious harm or death
  2. Deadly force is necessary to prevent the harm, and
  3. Not initial aggressor

Majority - no duty to retreat
Minority - duty to retreat if safe to do so, except inside your home

39
Q

Self-Defense + Non-Deadly Force

A

3 Requirements:
1. Actual and reasonable belief of imminent unlawful harm
2. Force reasonably necessary to prevent harm
3. Not the initial aggressor

No duty to retreat

Can only use non-deadly force to protect property

40
Q

Duress

A

D can claim he only committed a crime because he was threatened by a 3rd party and reasonably believed the only way to avoid death/injury was to commit crime

Threat - must be death or serious bodily harm

NOT defense for murder

41
Q

Felony Murder Liability

A

Agency Theory (Majority) - D responsible for deaths caused by co-felons

Proximate Cause (Minority) - D responsible for deaths casued by any person

If co-felon killed by police officer –> not felony murder

42
Q

Kidnapping

MPC

A

Occurs when V is intentionally and unlawfully moved or confined for purposes to:
1. Hold for ransom or as hostage/shield
2. Facilitate commission of any felony or flight thereafter
3. Inflict bodily injury or terrorize the V or another, OR
4. Interfere with performance of a governmental or political function

43
Q

Attempt Test - Common Law

A

Dangerous Proximity Test - D performs act sufficiently close to completing the offense

44
Q

Attempt Test - MPC/Majority

A

Substantial Step Test - D engages in conduct that exceeds mere preparation & strongly corroborates criminal intent

Bar Exam (13 decks)

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