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Bar Exam > Crim Law > Flashcards

Crim Law Flashcards

1
Q

Essential Elements - Actus reus

A
  • Act = any VOLUNTARY bodily movement
  • Omission can be an act if legal duty:
    (a) By statute
    (b) By contract
    (c) Bc of relationship bw parties
    (d) Bc voluntarily assumed a duty of care
    (e) Where you created peril
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2
Q

Essential Elements - Mens rea - 4 CL Mental States

A
  • Specific intent:
    (a) Inchoate offenses (solicitation, attempt, conspiracy)
    (b) First degree murder
    (c) Assault
    (d) CL property crimes (larceny, embezzlement, false pretenses)
    (e) Robbery
    (f) Burglary
    (g) Forgery
  • Malice/reckless indifference:
    (a) Murder (2nd degree/CL)
    (b) Arson
  • General intent/general awareness acting in prohibited matter:
    (a) All other crimes but NOT strict liability (esp battery)
  • Strict liability/no intent
    (a) Often from statutes
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3
Q

Essential Elements - Mens rea - Doctrine of Transferred Intent

A

Intent requirement satisfied even if result is different from what was intended

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4
Q

Essential Elements - Mens rea - MPC Mental States

A
  • Apply them only if told directly
  • Purposefully - Conscious objective
  • Knowingly - Aware conduct will very likely cause results
  • Recklessly - Consciously disregards a substantial and unjustifiable risk
  • Negligently - Fails to be aware of a substantial and unjustifiable risk
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5
Q

Accomplice Liability

A
  • At CL, 4 types of parties to a felony:
    (1) Principals in the first degree - Engage in act that causes offense
    (2) Principals in the second degree - Aid, advise, or encourage and are present at crime
    (3) Accessories before the fact - Aid, advise, or encourage and are NOT present at crime
    (4) Accessories after the fact - Assist after the crime
  • Modern/statutory parties:
    (1) Principal - Engages in act w mental state
    (2) Accomplice - Aids, advises, or encourages
  • Mental state required for accomplice liability: (1) Intent to assist principal, AND (2) Intent that principal actually commit the crime
  • Scope of liability - Crimes committed or aided, advised, or encouraged, AND any other crimes committed in the course if probably and foreseeable
  • Withdrawal:
    (a) If encouraged - Repudiate encouragement
    (b) If aided/assisted - DO everything possible to neutralize assistance
    (c) Call the police
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6
Q

Inchoate Offenses - Conspiracy

A

An agreement with (1) an intent to agree, AND (2) an intent to pursue an unlawful objective

  • 2 approaches to intent on the part of BOTH parties:
    (a) Default/CL - Both parties must have intent
    (b) Modern/MPC - Only 1 party must have intent
  • 2 approaches to overt act:
    (a) Majority - Need agreement+overt act in furtherance of crime
    (b) Minority/CL - Need an agreement and any little act, even mere preparation
  • Intent can be express or inferred from conduct
  • NO merger (unlike w solicitation and attempt)
  • Withdrawal - CAN’T withdraw from conspiracy liability, only from subsequent foreseeable crimes
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7
Q

Inchoate Offenses - Solicitation

A

Asking someone to commit a crime, even if they don’t agree

  • MERGER
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8
Q

Inchoate Offenses - Attempt

A

(1) Specific intent to commit crime, AND (2) Overt act in furtherance of crime
* Act must be substantial, not mere preparation

  • 2 approaches to abandonment/withdrawal:
    (a) Majority/CL - Once have taken a substantial step, CAN’T abandon
    (b) Minority/MPC - Can abandon but ONLY if (1) fully voluntary, AND (2) a complete renunciation of criminal purpose
  • Only LEGAL impossibility (NOT factual) a defense
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9
Q

CL Murder - First Degree

A
  • Intent to kill - Premeditated killing
  • Intent to commit a felony - Any killing, even accidental, committed during the course of a felony
    (a) Felony must be inherently dangerous “BARRK
    (b) Defenses:
    • Defense to underlying felony
    • Death unforeseeable
    • Deaths while fleeing a felony BUT after you reach a point of temporary safety
    • Death is of a co-felon
  • Homicide of a police officer
    (a) Must know police is police
    (b) Police must be (1) acting in line of duty, OR (2) off-duty but identified
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10
Q

CL Murder - Second Degree

A
  • Intent to commit great bodily harm - Depraved, hard killing w reckless indifference to unjustifiably high risk to life
  • Reckless indifference
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11
Q

CL Manslaughter - Voluntary

A

Killing in the heat of passion resulting from adequate provocation by the victim

  • Provocation - Arouse sudden, intense passion in an ordinary person causing him to lose control
  • Must not be sufficient cooling down time
  • Must not have actually cooled down
  • In SOME states - D having honest but unreasonable belief his life is in imminent danger will downgrade murder to VM
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12
Q

CL Manslaughter - Involuntary

A

Killing of criminal negligence OR misdemeanor manslaughter (killing while committing misdemeanor or unenumerated felony)

  • Conduct must be but-for cause/cause in fact
  • Proximate cause - D liable for all foreseeable/probably consequences
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13
Q

Crimes Against Person - Battery

A

Unlawful application of force to person resulting in injury or offensive touching

  • Intent = general
  • Force can be indirect
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14
Q

Crimes Against Person - Assault

A

(1) An attempt to commit a battery, OR (2) Intentional creation other than by mere words of a reasonable apprehension of bodily farm

  • Intent = general
  • Aggravated assault = Assault + (1) use of a deadly/dangerous weapon, OR (2) assault w intention to rape, maim, or murder
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15
Q

Crimes Against Person - Unlawful Imprisonment

A

Unlawful confinement of a person w/o valid consent

  • Can’t be a known, reasonable, escape
  • Consent precludes (ONE instance where this works)
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16
Q

Crimes Against Person - Kidnapping

A

Confinement of a person with (1) some movement to, OR (2) concealment in, (3) a secret place

17
Q

Crimes Against Person - Rape

A
  • AKA sexual assault
  • Slightest penetration completes rape
  • Statutory rape - Strict liability
18
Q

CL Property Crimes - Larceny

A

Wrongful taking (carrying away) of property or another WITH trespass (without permission) with intent to permanently deprive

  • Slightest movement of property is sufficient
  • Intent must exist at time of time
    (a) If no, but then keeps property, guilty under theory of continuing trespass
19
Q

CL Property Crimes - Embezzlement

A

Fraudulent conversion of property of another

20
Q

CL Property Crimes - False Pretenses

A

Convincing an owner of property to convey title under false pretenses (not just a false future promise)

  • If TITLE is obtained, as required = False pretenses
  • If just possession, not title = Larceny by trick
21
Q

Other Property Crimes - Robbery

A

Taking of personal property from other’s presence by force or threat with intent to deprive

  • Force - Pretty broad, but NOT pickpocketing
  • Threat - Must be of imminent harm
  • Armed robbery - W deadly/dangerous weapon (even unloaded gun)
22
Q

Other Property Crimes - Extortion

A

Knowingly seeking to obtain property or services by means of a future threat (essentially blackmail)

23
Q

Other Property Crimes - Forgery

A

Making or altering a false writing with intent to defraud

  • Any writing with apparent legal significance can be the subject
24
Q

Other Property Crimes - Burglary

A

Breaking and entering dwelling of another at night w intent to commit a felony therein

  • Breaking can be:
    (a) Actual - Wide open doors/windows don’t count, but opening INTERIOR doors does
    (b) Constructive - Breaking by fraud or threat
  • Entering - When ANY part of the body crosses into a HOUSE
  • Intent to commit a felony therein must exist at time of breaking and entering
25
Q

Other Property Crimes - Arson

A

Malicious burning of the dwelling of another

  • Applies only to BURNING/CHARRING, not smoke damage/scorching
  • Building must be another person’s house
26
Q

Defenses - Insanity

A
  • Available to ALL crimes, including strict liability
  • Four tests:
    (a) McNaughton Rule - Lack ability to know wrongfulness of actions or understand nature and quality of actions
    (b) Irresistible impulse - Lack capacity for self-control and free choice
    (c) MPC - Lack ability to conform conduct to requirements of law
    (d) Durham Rule - Conduct was a product of mental illness; RARE
27
Q

Defense - Intoxication

A
  • Voluntary:
    (a) ONLY applies to specific intent crimes
    (b) Addicts/alcoholics are always considered voluntarily intoxicated
  • Involuntary:
    (a) Available to ALL crimes; type of insanity
    (b) 2 definitions:
    • Unknowingly being intoxicated
    • Becoming intoxicated under duress
28
Q

Defenses - Self-defense

A
  • Non-deadly force - If reasonably believes force is about to be used on him
  • Deadly force:
    (a) Majority rule - If reasonably believes deadly force is about to be used on him
    (b) Minority - Required to first retreat if safe to do so
    • EXCEPTIONS: (1) Retreat from home, (2) Retreat from rape or robbery, and (3) Police officer
  • If self-defense by ORIGINAL aggressor, must withdraw AND communicate withdrawal
    (a) If no time before before escalation to deadly force, can use deadly force
29
Q

Defenses - Defense of Others

A

Reasonable belief that victim would have had right to use force in his own defense

  • Majority - No need for a special relationship
  • Minority - Need a special relationship
30
Q

Defenses - Duress

A

(1) Imminent infliction of death or great bodily harm, AND (2) believe in imminency is reasonable

  • Threats to harm third party OK
  • Applies to all crimes EXCEPT homicides
31
Q

Defenses - Necessity

A

As a result of pressure from natural forces, D reasonably believes conduct was necessary to avoid greater societal harm

32
Q

Defenses - Defense of Dwelling

A
  • CAN’T use deadly force
33
Q

Defenses - Mistake of Fact

A
  • Applies ONLY if negates intention
  • Mistake must be reasonable to be a defense to malice and general intent crimes; DOESN’T have to be reasonable for specific intent
  • NEVER a defense to strict liability
34
Q

Defenses - Mistake of Law

A

NEVER a defense

35
Q

Defenses - Entrapment

A

(1) Criminal design originated w law enforcement officers, AND (2) D wasn’t predisposed to commit crime
* VERY high threshold for predisposition; must have essential no predisposition at all

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