Crim Law Flashcards

Question

Accomplices

Answer 1

People who assist the princpal either before or during crime commission Must have the intent to assist the principal to commit the crime--approving bystanders are not accomplices. Therefore there is a dual intent requirement--intent to assist and the intent for the applicable crime.

Answer 2

Can be liable for planned crime and any other foreseeable crimes that occur in the course of the criminal act. Exception: Persons protected by a statute cannot be an accomplice in violating it

Answer 3

An accessory after the fact is a person who aids or assists a criminal in avoiding apprehension or conviction after the crime's commission Must know that a crime was committed, act specifically to aid or assist the criminal, and give that aid for the purpose of helping the crim avoid apprehension or conviction.

Answer 4

An aider/abettor is one who aids or abets the D's commission of a crime. They have accomplice liability for the substantive crime AND may be guilty of conspiracy if there was a 1) agreement to commit the crime, and 2) an overt act in furtherance of that agreement

Answer 5

MPC & Majority of states--Accomplice must act with purpose of promoting or facilitating commission of offense; and must intend that acts will assist or encourage crim conduct. Minority of states--Must intentionally or knowingly aid or cause another to commit offense Criminal Facilitation--Under majority rule, a person who is not guilty of substantive crime (no intent) may by guilty of lesser offense of crim facilitation for simply assisting

Answer 6

There are four defenses to a requisite mental state--Mistake of Law, Mistake of Fact, Insanity, and Intoxication.

Answer 7

Typically Mistake of Law is no defense. There are 3 exceptions--1) reliance on high level government interpretation, 2) lack of notice, or 3) a mistake of law that goes to an element of specific intent (for those FIAT crimes)

Answer 8

A mistake of fact may negate criminal intent but it must be an "honest mistake." A mistake of fact is a defense to a specific-intent crime, even if the mistake is unreasonable. Mistake of Fact is not a defense to a strict liability crime. Mistake of Fact is a defense to a general intent crime only if the mistake is reasonable and goes to the criminal intent.

Answer 9

Insanity may negate criminal intent.

Answer 10

M'Naghten, Irresistible Impulse, Durham Rule, MPC D has burden of proof to establish insanity (typically preponderance of evi or clear and convincing) M'Naughten Test requires that the D did not know the nature of their act or that it was wrong due to the insantiy Irresistible Impulse Test requires that a mental defect prevents the D from controlling themselves Durham Rule says that but for the mental defect, the D would not have committed the crime MPC requires that due to the mental defect, the D did not have the substantial capacity to appreciate the wrongfulness of their actions or to conform their conduct to the law.

Answer 11

Voluntary Intoxication is a valid defense only to specific intent crimes and only if it prevented the D from forming the mens rea. Under the MPC – voluntary intoxication is a defense only when a material element req. purpose or knowledge & Intox prev. formation of that state. Involuntary Intoxication is a valid defense to negate mens rea. Involuntary Intoxication occurs when a person 1) doesn't realize they received an intoxicating substance, 2) is coerced into ingesting an intoxicating substance, or 3) has an unexpected or unanticipated reaction to prescription med.

Answer 12

Inchoate Crimes are Specific Intent Crimes. Remember the mnemonic CATS--Conspiracy, ATtempt, Solicitation

Answer 13

Conspiracy is an agreement btwn 2 or more persons to accomplish an unlawful purpose w/ the intent to accomplish that purpose. A conspirator can be convicted of conspiracy and all substantive crimes committed by their co-conspirators in furtherance of the conspiracy. The majority rule/MPC requires an overt act in furtherance of the conspiracy, although the common law does not. Additionally, only the D must agree to commit the act. A conspirator can be convicted of both the offense of conspiracy and all substantive crimes committed by any other co-conspirators acting in furtherance of the conspiracy.

Answer 14

Under the Common Law, it was impossible to withdraw once the agreement was made. Under MPC/Fed - Can withdraw --prior to the commission of any overt act by communicating intention to w/draw to 1)all other conspirators or 2) by informing law enforcement --After the overt act, can only withdraw by helping to thwart success

Answer 15

Elements: 1) Specific intent to commit particular crim act AND 2) A substantial step towards perpetrating crime Merger: Attempt merges into a completed offense

Answer 16

At common Law, cannot withdraw following the substantial step

Answer 17

Solicitation is the encouraging, commanding, enticing, or encouraging of another to commit a crime with the intent that the other commits the crime. If the other agrees, solicitation becomes conspiracy instead. Merger: If person commits offense, solicitation merges into completed offense

Answer 18

Homicide is the killing of a living human by another human. There must be a causal relationship btwn the D's actions and what happened to the victim, where Actual causation is that the Vic wld not have died but for what the D did and Proximate Causation is that the D’s act is a foreseeable cause of V’s death (natural and probable result of conduct). There are Four variations of homicide: 1st degree murder (specific intent), common law murder (malice), voluntary homicide, and involuntary homicide

Answer 19

1st Degree Murder is a specific intent crime. 1st Degree Murder is 1) the deliberate and premeditated murder of another or 2) a killing that results during the commission of an inherently dangerous felony

Answer 20

Common Law Murder is is a killing with malice aforethought. There are four types of malice aforethought. Intent to kill, where the D acted with the desire that the victim end up dead Intent to inflict serious bodily harm, where the D intends to hurt the victim badly, and the victim dies. Abandoned/malignant/depraved heart, where 1) the D acts with a cavalier disregard for human life, 2) that D recognizes that their conduct is really risky, 3)death results. Felony murder, which is a killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony, including a robbery.

Answer 21

Felony Murder is a killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony. Inherently dangerous felonies are BARRK felonies--burglary, arson, robbery, rape, kidnapping. Most states apply the agency theory when a bystander is killed by a resistor, wherein the criminal will not be liable for deaths caused by those who are not the criminal's agent.

Answer 22

Manslaughter is all unlawful killings of another human that are not 1st degree or common law murder. Voluntary manslaughter is homicide committed with malice aforethought, but also with mitigating circumstances. It includes homicide committed in response to adequate provocation (i.e., in the "heat of passion"). Ask - Is the situation one in which most ppl wld act w/o thinking and without time to cool off.

Answer 23

Involuntary manslaughter is an unintentional homicide committed with reckless(MPC) or criminal negligence (CL) or during an unlawful act. Criminal Negligence is more than ordinary neg but less than extreme in depraved heart

Crim Law Flashcards

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