Crim Law Flashcards
(49 cards)
Conspiracy
Conspiracy is a specific-intent crime. Consequently, even though the offense of supplying alcoholic beverages to persons under the age of 21 is a strict-liability offense, conspiracy to commit this offense is a specific-intent crime. Because the owner did not have the specific intent to supply alcoholic beverages to individuals under the age of 21, the owner cannot properly be charged with conspiracy.
purposefully inflamed person to kill another
Common-law murder is the unlawful killing of another human being committed with malice aforethought. When the store clerk purposefully inflamed his girlfriend in an effort to have her kill the new owner, his reckless indifference to the value of human life (depraved heart) resulted in his girlfriend’s death. The clerk knew that the store was frequented by police officers but nonetheless enticed his girlfriend to go to the store with a large machete to kill the new owner. As a result, he will likely be convicted of the girlfriend’s murder.
<p>seller discovered doc was forgery. sold anyway. buyer appraised as valid. Is false pretenses?</p>
<p>No. Did not rely on seller, relied on own appraiser.
False pretenses requires (i) obtaining title to the property (ii) of another person (iii) through the reliance of that person (iv) on a known false representation of a material past or present fact, and (v) the representation is made with the intent to defraud.</p>
<p>Can the woman testify as to the statements she alleges SHE HEARD from the masked assailant made during the robbery?</p>
<p>A voice can be identified by any person who has heard the voice at any time. Consequently, the fact that the woman was not aware of the speaker’s identity at the time she heard the statements does not prevent her from identifying the man as their speaker at trial.</p>
<p>challenge a facially valid warrant</p>
<p>A defendant can successfully challenge a facially valid warrant only when the defendant can establish, by a preponderance of the evidence, that: (i) the affidavit contained false statements that were made by the affiant knowingly, intentionally, or with a reckless disregard for their truth; and (ii) the false statements were necessary to the finding of probable cause.</p>
loan shark shattered knees; victim died from complications.
guilty of attempted murder?
Although murder is a malice crime that can be satisfied by an intent to do serious bodily harm, attempted murder is a specific-intent crime. Here, the loan shark had the intent to do serious bodily harm to the borrower by subjecting him to a shattered kneecap. However, the loan shark did not possess the intent to kill the borrower. Therefore, even though the loan shark took a substantial step towards the murder of the borrower in directing his henchman to shatter the borrower’s kneecaps, the loan shark is likely not guilty of attempted murder because attempt requires specific intent.
<p>when can past criminal activity be presented</p>
<p>A criminal defendant has no obligation to testify under his right against self-incrimination. If he does, however, he is subject to cross-examination and impeachment, which can include questions about his past crimes, under certain circumstances. If more than 10 years have elapsed since the conviction or release from confinement, whichever is later, a conviction is admissible only if the probative value of the conviction substantially outweighs its prejudicial effect.</p>
M’Naghten test
a defendant is not guilty if he does not know the nature, quality, or wrongfulness of his act because of his mental disease
e.g. guilty of “defendant appreciated the wrongfulness of his actions.”
hitting his co-worker over the head with a bottle
Malice aforethought includes the intent to inflict serious bodily injury.
therefore, element of murder
larceny
i) Trespassory;
ii) Taking and;
iii) Carrying away;
iv) Of the personal property;
v) Of another;
vi) With the intent to permanently deprive that person of the property (i.e., intent to steal).
larceny by trick
i) Larceny
ii) Accomplished by fraud or deceit
iii) THAT RESULTS IN the conversion of the property of another.
felony murder
If a murder is committed during the perpetration of an enumerated felony, then it may be first-degree murder. The most commonly enumerated felonies are Burglary, Arson, Rape, Robbery, and Kidnapping. [Mnemonic: BARRK].
is larceny intent crime?
Larceny is a specific-intent crime. The intent to permanently deprive the owner of the property must be present at the time of the taking.
false pretenses
i) Obtaining title to the property (including money);
ii) Of another person;
iii) Through the reliance of that person;
iv) On a known false representation of a material past or present fact; and
v) The representation is made with the intent to defraud.
robbery
i) Larceny;
ii) From the person or presence of the victim;
iii) By force or INTIMIDATION.
merger
Larceny, assault, and battery all merge into robbery or attempted robbery.
burglary
i) Breaking and;
ii) Entering;
iii) Of the dwelling;
iv) Of another;
v) At nighttime;
vi) With the specific intent to commit a felony therein.
battery
i) Unlawful;
ii) Application of force;
iii) To another person;
iv) That causes bodily harm to that person or constitutes an offensive touching.
assault
i) An attempt to commit a battery; or
ii) Intentionally placing another in apprehension of imminent bodily harm.
Fear of harm:
The “fear of harm” type of assault (also called “apprehension assault”) is a general-intent crime—the defendant must intend to cause bodily harm or apprehension of such harm. The victim’s apprehension must be reasonable. Unlike attempted battery, because actual apprehension is necessary, the victim’s lack of awareness of the threat of harm is a defense to this type of assault.
Specific intent crimes
Specific intent crimes require that the defendant possess a subjective desire, specific objective, or knowledge to accomplish a prohibited result. When dealing with specific intent crimes, it is necessary to identify specific intent for two reasons. First, the prosecution must prove the specific intent in order to prosecute the defendant; second, certain defenses (e.g., voluntary intoxication and unreasonable mistake of fact) are applicable only to specific intent crimes.
The specific intent crimes include:
i) First-degree murder;
ii) Inchoate offenses (attempt, solicitation, conspiracy);
iii) Assault with intent to commit a battery; and
iv) Theft offenses (larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery).
General intent crimes
General intent crimes require only the intent to perform an act that is unlawful. Examples include battery, rape, kidnapping, and false imprisonment.
Motive is not the same as intent. The motive is the reason or explanation for the crime and is immaterial to the substantive criminal offense.
bad legal advice
Incorrect or bad legal advice from an attorney is not itself a valid mistake-of-law defense,
but it may negate the required intent or mental state for a material element of the crime.
Impossibility [is or isn’t] defense to attempt if the crime attempted is factually impossible to commit
Impossibility is not a defense to attempt if the crime attempted is factually impossible to commit due to circumstances unknown to the defendant. If the girl had actually been only 13 years old, then there would have been a crime committed. Further, the MPC crime of attempt (as well as many jurisdictions) requires the performance of a substantial step to support a conviction of attempt, which the man performed here.
conspiracy with minor
Conspiracy is (i) an agreement (ii) between two or more persons (iii) to accomplish an unlawful purpose (iv) with the intent to accomplish that purpose. Under the majority rule, one of the co-conspirators must also commit an overt act in furtherance of the conspiracy. However, when the purpose of a criminal statute is to protect a type of person (e.g., a statutory rape statute that protects minors), there is no conspiracy between the protected party and the targeted defendant. Here, the male is a member of the protected class because he is only 15 years old. Consequently, even though he agreed to have sexual intercourse with the 18-year-old female, he cannot be a party to the conspiracy. Because the only other person consenting to the sexual intercourse was the 18-year-old female, she cannot properly be charged with conspiracy to commit rape, as at least two people must agree in order to form a conspiracy.
