Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Crim Law/Crim Pro > Crim Law > Flashcards

Crim Law Flashcards

(49 cards)

Start Studying
1
Q

Defenses for Spec, General, Malice

A

Specific Intent:

  • Vol Intoxication: for specific ONLY (may negate mens rea)
  • Invol intox (treat as insanity)
  • Reasonable OR Unreasonable Mistake of fact: for specific ONLY if it negates mens rea

Malice crime

  • Vol intox NOT a defense
  • Invol intox (treat as insanity)
  • ONLY Reasonable mistake of fact

General Intent

  • Invol intox (treat as insanity)
  • Vol intox NOT a defense
  • ONLY Reasonable mistake of fact
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Extortion

A

Seeking to obtain prop or services by means of future threat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Rape

A

Nonconsensual intercourse w/person, not the spouse, accomplished by threat, force, fear, fraud (only element required: consent)

  • Slightest penetration completes the crime
    Statutory rape: mistake of fact or consent are NOT A DEFENSE
  • Mens rea: recklessness
  • Defenses: ONLY reasonable mistake
  • Vol intoxication NOT a defense
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Infancy (Mental defense: Child) and Diminished capacity

A
  • Under < 7yrs: NO crim liab
  • 7 to <14: rebuttable presumption against crim liab
  • 14+: presumed to have mens rea
  • Diminished capacity: D has some mental defect short of insanity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Strict Liab

A

NO INTENT!

  • Mistake of law NOT a defense
  • Intox OR ANY mistake of fact NOT a defense
  • Statute does NOT include: knowingly, willfully, intentionally
  • Statute addresses: morality, regulatory, admin purposes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Defense of Others

A

D reasonably believes V would have had the right to use force in his own defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Embezzlement

A

Fraudulent conversion of prop of another (lawful possession + unlawful conversion) w/intent to permanently deprive

D does NOT need to receive benefit (e.g. take trust funds and donate to charity)

  • High level employee + long term possession + never in actual possession of owner + conversion = embezzlement
  • Mens rea: specific intent crime
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Defenses to Felony FDM

A

Not a BARRCKS felony

Defenses to BARRCKS crime

Deaths while feeling are Felony murder UNLESS D reaches place of temp safety

D is NOT liable for death of co-D if V resists and kills co-D

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Aggravated Assault

A

Assault + use of DW or dangerous weapon OR w/intent to rape, murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Mistake of fact Defense

A

Specific intent crimes: ONLY when it negates intention, mistake can be reasonable OR unreasonable

General intent + malice crimes: ONLY reasonable mistake

Malice: ONLY reasonable mistake

Strict liab crimes: NEVER a defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Solicitation

A

Asking someone to commit a crime (if agreed, solicitation merges into conspiracy)

  • No need for other to agree

NOT a defense: factual impossibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Forgery

A

Making/altering of a FALSE DOCUMENT of apparent legal significance w/intent to defraud

  • Focus on the Doc not its contents
  • Mens rea: specific intent crime
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Elements of a crime

A

1) Actus Reus: voluntary act (not reflexive, convulsive, unconscious)

2) Mens Rea:
a) Specific intent crimes

b) Malice crimes
- Intent or extremely reckless
- Defenses: reasonable mistake only
- Vol intox NOT a defense
- Invol intox (treat as insanity)

c) General intent crimes
- Intent or reckless
- Defenses: reasonable mistake only
- Vol intox NOT a defense
- Invol intox (treat as insanity)

d) Strict liability crimes
3) Concurrence of the act and intent
4) Causation:

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Accomplice:

A

Specific INTENT to aids, counsel, encourages (ACE) the P1D in the commission of the crime
AND
w/the INTENT that the crime be committed (knowledge of D’s guilt)

  • Not liable as accomplice if statute to protect the party charged

Withdrawal: Aid - do everything possible to neutralize, Encouragement - repudiate, alternatively - contact police

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Entrapment defense

A

Criminal design originated w/PO
AND
D is NOT predisposed to commit the crime

Note: high threshold thus analyze but NOT a valid defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Burglary

A

Breaking and entering of a dwelling (ANY structure customarily used for sleeping) of another, in the nighttime w/intent to commit a felony or ANY degree of larceny (intent at entry NOT already inside unless break+enter again inside)

MPC: Entering an occupied structure w/intent to commit a crime UNLESS the premises are at the time open to public or actor is licensed to enter

Constructive breaking: by fraud or threat

  • Mens rea: specific intent crime
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Self-Defenses

A

Self-Defense available if D reasonably believed that force will be used against him AND used ONLY reasonable force (non-DF)

DF (majority rule / CA): only if reasonably believes DF will be used against him (No retreat rule)

DF (minority rule): MUST retreat if safe to do so
Except: from home, robbery, rape

Original aggressor: withdraw AND communicate withdraw. If OG uses force and V uses DF in return, OG may use DF

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

General Intent and Strict liab

A

Crimes not listed as specific are gen unless strict liab crimes

Gen Intent: D is aware he is acting in a proscribed way and that any attendant circumstances required by the crime are present

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Larceny

A

Intentional taking and carrying away of PP in the possession of another by tresspass (w/o consent) w/intent to permanently deprive possession
- Slightest movement is sufficient
- If continuing tresspass w/o initial intent: Intent can be formed after thus Larceny
Defense: Taking prop in belief it’s yours

  • Mens rea: specific intent crime
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Arson

Study These Flashcards
A

Malicious (general intent) burning OR charring (scorching NOT enough) of dwelling (no barn, no commercial) of another (not guilty if your own)

MPC: Starting a fire or causing an explosion w/purpose of destroying building or occupied structure of another OR to one’s prop to collect insurance for oneself

21
Q

Attempt

Study These Flashcards
A

Specific Intent to commit a crime AND substantial step (overt act) in furtherance of the crime (NOT mere preparation) or ineffectual act towards the commission of the crime

Withdrawal (majority): NEVER a defense
Withdrawal (MPC): fully voluntary + renunciation of crim purpose

NOT a defense: factual impossibility (legal impossibility IS a defense)

  • Mens rea: specific intent crime
22
Q

Affirmativ Defenses

Study These Flashcards
A
  1. SD (DofO, DofP, DofH)
  2. Prevention of a crime
  3. Duress
  4. Necessity
  5. Public authority
  6. Entrapment
  7. Mistake of fact (reasonable and unreasonable)
  • Mistake of Law NOT a defense
23
Q

MPC mental state: Purposely

Study These Flashcards
A

Person has conscious objective to engage in certain conduct or cause a certain result

24
Q

Conspiracy

Study These Flashcards
A

Agreement between two or more people w/intent to agree and intent (TWO criminal minds) to commit an unlawful act (NO overt act required)

Modern: + Overt Act (by any of the Ds - even if mere preparation) in furtherance of the agreement

Liable for Conspiracy AND (Furtherance + Foreseeable):

1) All crimes committed or attempted in furtherance of conspiracy AND
2) Natural and Probably crimes (foreseeable crimes): liable for O-crimes that are NandP consequences of T-crime where a reasonable person would have expected the O-crime to likely occur

  • Withdrawal ONLY limits liab for all crimes AFTER the withdrawal BUT does NOT relieve D of the crime of conspiracy (Conspiracy already completed)
  • Withdrawal: voluntary act to withdrawal and communicate it to other co-Ds in time for their withdrawal

NOT a defense: factual impossibility
Withdrawal: NEVER a relief, ONLY limits liab for co-D’s subsequent crimes but NOT from conspiracy

NOTE: Consp is its own crime and does NOT merge w/substantive offense

  • Mens rea: specific intent crime
25
Murder CL: state of mind
Unlawful killing of human being w/malice aforethought Mens rea: any of these mental states BARD establishes murder 1. Intent to kill (express) 2. Intent to inflict GBH (implied) 3. Intent to commit felony (felony M: BARRCKS) 4. Reckless indifference to unjustifiable high risk to human life (depraved heart or abandoned and malignant heart) Causation: but for Prox Cause: D liable for all natural and probable consequences - Defenses: reasonable mistake only - Vol intox NOT a defense
26
Assault
1) Attempt to commit battery OR 2) Intentional Placing a person in REASONABLE apprehension (knowledge and perception of act, NOT afraid requirement) - Reasonable: if apparent = reasonable AND 2) Apprehension of an immediate battery - Words alone not actionable, even if menacing words - Words can negate the immediacy of battery (e.g. later future time) - Mens rea: specific intent crime
27
Kidnapping
Moving a person a substantial distance w/o consent by force or fear
28
Necessity Defense
Justifiable as a result of natural forces + reasonable belief that conduct is necessary to avoid greater societal harm Necessity vs Duress: natural forces vs human threat
29
Felony First DM
BARRCKS | Burglary, arson, robbery, rape, carjacking, kidnapping, sexual assault
30
Battery
1) Intentional Harmful or offensive contact (i.e. std offensive contact = un-permitted contact by RP) 2) W/P’s person (i.e. anything connected to P, P holding or touching: P holding horse, D hits horse = Contact w/P’s person, D poisons P’s food and eats it hours later = Contact w/P’s person) - General intent crime (mens rea: recklessness)
31
Factual impossibility NOT a defense for:
ALL inchoate crimes (solicitation, conspiracy, attempt)
32
False pretenses
Obtaining title and possession by false (past or present) representation (cannot be future false representation) w/intent to defraud - Mens rea: specific intent crime vs Larceny by trick: possession induced by misrepresentation
33
First DM
Willful: specific intent to kill Deliberate: formed, determined upon as a result of careful thought; and weighing of considerations for and against an action Premeditated: considered beforehand (no time required) Anderson factors: motive, manner of killing, planning - Mens rea: specific intent crime
34
Consent as defense
NEVER
35
Robbery
Taking and carrying away of PP of another from other person's presence by force or fear of imminent harm w/intent to permanently deprive PP - Presence: mere vicinity also applies - Mens rea: specific intent crime
36
Criminal Capacity Defenses: Intoxication
Vol intoxication is a defense ONLY to specific intent crimes if it negates intent Invol intoxication (treated as insanity): unknowingly or under duress (forced). Defense to ALL crimes
37
Specific intent crimes
Students Always Can Fake A Laugh Even For Ridiculous Bar Facts ``` Solicitation (inchoate crime) Attempt (inchoate crime) Conspiracy (inchoate crime) First D Murder Assault Larceny Embezzlement (Fraudulent conversion) False Pretenses (title by misrep) Robbery Burglary Forgery ```
38
MPC mental state: Knowingly
Person is aware that his conduct will likely cause the result - Aware: knows, believes, substantially certain
39
Malice crimes
Murder: malice aforethought (intent to kill, intent to inflict GBH, Intent to commit a felony BARRKS, reckless disregard of a substantial and unjustifiable risk to human life) Arson Definition of Malice: intent to commit the crime OR reckless disregard for life - Defenses: reasonable mistake only - Vol intox NOT a defense - Invol intox (treat as insanity)
40
Merger theories
Modern Law: - Solicitation merges into Attempt or Conspiracy - Attempt merges into completed crime Thus cannot be convicted of the inchoate crime and the completed crime Conspiracy (inchoate crime) is its own theory of crim liability
41
MPC mental state: Negligently
Person fails to be aware of a substantial and unjustifiable risk
42
False Imprisonment
1) Intentionally applying physical, or psychological, force to restraint a person - Sufficient if it operates on a RPP (e.g threat) - Omission: leaving someone bound or retrained 2) Person confined to bounded area in an unreasonable manner for an unreasonable time - Area does NOT to be defined (e.g. "wait here") - NOT bounded if REASONABLE means to find and escape (NOT reasonable: use of exit is hidden, dangerous, humiliating)
43
Felony 2DM
Killing in the commission OR attempt of a felony not BARRCKS that is inherently dangerous to human life in the abstract (high prob of death) BUT if felony is assaultive in nature, then it's manslaughter
44
Involuntary Manslaughter
Manslaughter: Unlawful killing of a human being w/o malice aforethought Killing in the commission of a misdemeanor or felony NOT BARRCKS OR Lawful act in a reckless or negligent manner - Mens rea: recklessness (invol) or heat of passion (vol)
45
Duress Defense
D believes he is under threat of imminent infliction of GBH AND the belief is reasonable Defense to ALL crimes except HOMICIDE Necessity vs Duress: natural forces vs human threat
46
Larceny by trick
Possession induced by misrepresentation: larceny by trick vs False pretenses: Obtaining title by misrepresentation
47
Voluntary Manslaughter
Manslaughter: Unlawful killing of a human being w/o malice aforethought Killing upon sudden quarrel or heat of passion resulting from LAC - Legally adequate provocation (objective std: reasonable person) - Actual provocation: D is actually provoked (subjective std) - Cooling-off period: no cooling-off period - Mens rea: recklessness (invol) or heat of passion (vol)
48
Criminal Capacity Defenses: Insanity tests
M'Naghten (lacked): at time of conduct, D had a mental disease such that D lacked ability to know wrongfulness of his actions OR understand the nature and quality of actions Irresistible impulse (lacked): because of mental illness D lacked capacity for self-control OR conform to the law MPC (M'Naghten + Irresistible impulse / lacked): D had mental disease such that D lacked substantial capacity to appreciate criminality of his action OR ability to conform his conduct to requirements by law Durham (insanity Wills): but for mental illness conduct would not have occurred (product of mental illness)
49
MPC mental state: Recklessly
Person consciously disregards a substantial and unjustifiable risk - Extreme deviation from normal behavior - Defenses: D made a reasonable mistake - NOT a defense: Vol intoxication

Crim Law/Crim Pro (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions