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Crim Law Flashcards

1
Q

Actus reus

A

Voluntary act, involuntary act arising from voluntary act, or an omission to act where there is a legal duty to act

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2
Q

When does criminal liability result for failure to act when there is a legal duty?

A
  1. When imposed by statute
  2. Duty imposed by K
  3. There is a special relationship
  4. When one begins to aid victim and stops - detrimental undertaking
  5. Causation: Failing to aid after causing victim’s peril
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3
Q

Mens rea definition

A

Rqmnt of a guilty mind/legally proscribed mental state D must possess in order to commit a crime

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4
Q

Specific Intent Crimes

A

Rq that D possess a subjective desire, objective, or knowledge to accomplish a prohibited result

  • Key language “with intent to..”
  • Crimes that rq specific intent (FIAT)
    1. First degree murder;
    2. Inchoacte offenses (attempt, solicitation, conspiracy);
    3. Assault with intent to commit a battery; and
    4. Theft offenses (larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery)
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5
Q

What are mens rea defenses for SI crimes?

A
  1. Insanity
  2. Diminished capacity
  3. Intoxication (voluntary/involuntary)
  4. Mistake of fact (even if unreasonable)
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6
Q

What are mens rea defenses for GI crimes?

A
  1. Insanity
  2. Voluntary intoxication
  3. Reasonable mistake of fact
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7
Q

Malice Crimes

A

Rq a reckless disregard of a high risk harm

  • Criminal act without excuse, justification, or mitigation
    1. Arson;
    2. Murder
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8
Q

What does it mean for crime to be SL crime?

A

No mens rea is rqd, D need only commit the crime

- There are no mens rea defenses

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8
Q

What does vicarious liability mean?

A

Hold a person/entity responsible for the actus reus committed by another
i.e. respondeat superior, accomplice conduct, co-conspirator conduct

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8
Q

Mens Rea Defense: Mistake of law

A

Generally not an excuse
EXCEPT
1. Reliance on a decision of ct, administrative order, or official interpretation of law;
2. Lack of notice, and
3. Mistake of law that goes to an element of specific intent

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8
Q

Mens Rea Defense: Mistake of fact

A
  1. SL crimes: Never a defense
  2. General intent crimes: a reasonable mistable of fact negates recklessness/negligence rqd by general intent crimes
  3. Specific intent crime: any material mistake of facr (whether reasonable or unreasonable) negates specific intent
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8
Q

Principals

A
  1. D whose acts/omissions are the actus reus of the crime
  2. Must be actually or constructively present at scene of crime
  3. There can be more than one principal
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8
Q

Accomplice

A

Person is criminally liable if he gives assistance/encourages/fails to act where he has a legal duty to oppose the crime of another and purposely intends to effectuate commission of the crime
- Criminal consequences must be reasonably foreseeable

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9
Q

Criminal liability for accomplice

A
  1. Same as principal
  2. Accomplice is liable for other crimes if the crimes are the natural and probable consequences of principal’s conduct
  3. Accomplices can be criminally liable even if can’t be principals or even if the principal can’t be convicted
    BUT a person who’s protected by statute can’t be convicted as an accomplice in its violation (i.e. underage partner in a sexual relationship)
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10
Q

Withdrawal of an accomplice

A

To legally withdraw and avoid liability for substantive crime, accomplice must:

  1. Repudiate prior aid;
  2. Do all that is possible to countermand prior assistance, and
  3. Do so before the chain of events is in motion and unstoppable
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11
Q

Accessory after the fact

A
  1. Person who aids or assists a felon in avoiding apprehension or conviction after commission of the felony
  2. Must know felony was committed
  3. Subject to punishment for obstruction of justice or harboring a fugitive
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12
Q

M’Naghten test

A

D not guilty if, at the time of the offense, he was laboring under such a defect of reason from a disease of the mind as not to know the nature and quality of his act, or if he did know, he dn know that the act was wrong

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13
Q

Irresistible impulse test

A

D not guilty if, at the time of the offense, he was unable to control his conduct as a result of mental disease

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13
Q

Durham rule

A

D not guilty if unlawful act was product of D’s mental disease/defect and would not have been committed but for disease/defect

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14
Q

MPC test

A

D not guilty if, at time of conduct, as a result of mental disease or defect, he lacks substantial capacity to appeciate the wrongfulness of the act, or to conform the conduct to the law

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15
Q

Burden of proof for insanity

A
  1. D is presumed sane and has initial burden of raising issue of mental capacity and responsibility
  2. Burden of production shifts to prosecution. Prosecution also has burden of persuasion on the issue
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16
Q

Voluntary intoxication

A

Intentional taking of substance known to be intoxicating. Actual intoxication need not be intended

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17
Q

When is voluntary intoxication a defense?

A
  1. Viable defense to specific intent crimes if it prevents the formation of the rqd intent, and
  2. Only applicable if prevents D from forming the mens rea
    - Not a valid defense if D got drink to commit a crime
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18
Q

Involuntary intoxication

A

A valid defense to any crime

It may negate a rqd mental state if D is so intoxicated that he dn understand the criminal nature of his conduct

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19
Q

When is intoxication voluntary?

A

To be considered involuntary, intoxicating substance must have been taken:

  1. Without knowledge of intoxicating substance, or
  2. Under duress
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20
Q

What must prosecutor show for homicide?

A

Prosecutor must show that D caused the victim’s death
Actual Cause:
1. Victim would not have died but for D’s act
2. D sets form in motion forces that led to death of victim, D is actual cause
Proximate Cause:
1. No unforeseen intervening causes
2. When there are multiple causes and D’s act was a substantial factor in causing the death

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21
Q

Murder definition

A

Unlawful killing of another human being with malice aforethought

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22
Q

What are the 4 types of malice?

A
  1. Intent to kill: D acted w/ desire that victim end up dead
  2. Intent to inflict serious bodily injury: examine TOC
  3. Depraved heart murder: extreme indifference to human life; conscious disregard of unreasonable risk of death/SBI
  4. Felony murder: Killing proximately caused by and during commission/attempted commission of an inherently dangerous felony
    - BARRK: Burglary, Arson, Rape, Robbery, Kidnapping
23
Q

Who can be the victim in felony murder?

A
  1. Someone who resists felony
  2. Bystander, or
  3. 3rd person killed by resister or police officer
24
Q

Defenses to felony murder

A

D must establish

  1. Valid defense to underlying felony;
  2. Felony not distinct from or independent of killing itself; or
  3. Death occurred after commission of felony and ensuring flight from scene of crime
25
Q

First degree murder

A

Includes all intent to kill murders committed w/ premeditation and deliberation and felony murder

26
Q

Voluntary manslaughter

A

Intentional killing mitigated by adequate provocation

  • Adequate provocation is measured by test if reasonable person would lose self-control
    1. Heat of passion or under extreme emotional disturbance
    2. Serious provocation: Includes serious battery, threat of deadly force, or discovery of adultery by spouse
    3. Causation: Must be a causal connection btw provocation, passion, and fatal act
27
Q

Involuntary manslaughter

A

Unintentional killing resulting w/o malice aforethought caused either by reckless/criminal negligence/during comission/attemtped commission of an unlawful act
Criminal negligence: Rqs that D’s conduct create a high degree of risk of death/SBI beyond the tort std of ordinary negligence
Unlawful act:
1. Under misdemeanor manslaughter rule: killing committed in the commission of a malum in se misdemeanor, or
2. Killing committed in the commission of a felony that is not statutorily treated as 1st degree felony murder or 2nd degree murder

28
Q

Larceny

A

Trespassory taking and carrying away of the personal property of another w/ intent to permanently deprive person of property

  • SI crime: Not larceny as long as D thinks what he is taking is his property, no matter how unreasonable
  • SI dn exist when D’s intent is to
    1. Borrow property w/ ability to return it
    2. Pay for merchandise she means to buy; or
    3. Takes money as repayment of a debt
29
Q

Larceny by trick

A

Taking possession of personal prop of another w/ intent to permanently deprive by means of representation/promise Dknows is false at time of taking

30
Q

Embezzlement

A

Fraudulent conversion of property of another entrusted to D’s custody

31
Q

Forgery

A

Fraudulent making of a false writing with apparent legal significance and intent to defraud

32
Q

False pretences

A

False representation of a past/present material fact made by D w/ intent to cause victim to pass title to D who knows his representation is false

33
Q

Robbery

A

Robbery = Larceny + assault
Taking another person’s property from her person or in her presence either by violence or putting her in fear of imminent harm

34
Q

Extortion

A

Taking property through threats of future harm (including non physical harm)

35
Q

Burglary

A

CL: Breaking and entering of the dwelling of another at night w/ the specific intent to commit a felony therein
Modern Law: Eliminated nighttime rqmnt
Entry is achieved by placing any portion of the body inside structure
Entry must be done w/o consent

36
Q

Arson

A

Malicious burning of the dwelling of another
Malice: Element satisfied if D performs act w/ reckless disregard that creates a substantial risk of such burning
Burning: Need charring, not just smoke damages to the structure of dwelling
Dwelling: Must be used for habitation

37
Q

Receiving stolen goods

A

Statutory crime that rqs: Receiving of property known to be solen w/ intent to permanently deprive the owner

  • D must know/actually believe that the property is stolen
  • Honest but unreasonable belief that property is not stolen will not be enough to convict
38
Q

Battery

A

Intentional/reckless unlawful application of force to the person of a victim
Unlawful: Force applied w/o legal excuse
Application of force: Touch must result in bodily harm/offensive touching
To the person of another: includes application of force to object near/carried by/attached to victim

39
Q

Assault

A
  1. An attempt to commit a battery; or
    • Specific intent crime: D must take substantial step toward commission of battery
  2. Intentionally placing another in apprehension of imminent bodily harm
    • General intent crime: D must intend to cause bodily harm or reasonable apprehension of such harm
40
Q

Aggravated assault

A

Assault w/ a deadly weapon w/o intent to kill or with intent to commit a felony

41
Q

Mayhem

A

Common law battery that causes dismemberment or permanent disfigurement of a person

42
Q

Kidnapping

A

Unlawful confinement of a person against that person’s will w/ either the movement/hiding of that person

  • Freedom of movement is significantly restricted; prevented from leaving an area or compelled to go where they dn want to go
  • Confinement must be accomplished by force, threats, or fraud
  • Victim may be concealed for a substantial period of time at a hidden location
43
Q

False imprisonment

A

Unlawful confinement of a person without consent

44
Q

Rape

A

CL: Unlawful sexual intercourse by man w/ female against her will by force/threat of immediate force

45
Q

Statutory rape

A
  1. Sexual intercourse with a female under the age of consent

2. SL crime: Consent and mistake of fact is not a defense

46
Q

Perjury

A

Willful act of falsely promising to tell the truth, either verbally/in writing, ab material matters that affect the outcome of a case

47
Q

Subornation of perjury

A

Person persuades someone else to commit perjury

48
Q

Bribery

A

Payment of something of value for the purpose of influencing the action of official in the discharge of his public/legal duties

49
Q

Merger

A

D can be convicted of more than one crime arising out of the same act
But D can’t be convicted of 2 crimes when the 2 crimes include:
1. Lesser included offenses, and
2. inchoate and completed offenses

50
Q

Inchoate offense: Conspiracy

A

CL: An agreement btw 2+ ppl to commit an unlawful act
Modern conspiracy statutes add: The performance of an overt act that furthers the conspiracy
- overt act can be legal or illegal, as long as it furthers the conspiracy
Under MPC: Only D must agree to commit the unlawful act. The other people w/ whom D agrees can be undercover agents

51
Q

Scope of a conspiracy

A

CL: each conspirator can be convicted both of conspiracy and of all substantive crimes committed by any other conspirator acting in furtherance of the conspiracy

52
Q

Withdrawal of a conspiracy

A

CL: Impossible to withdraw from a conspiracy bc the crime is completed the moment the agreement is made
Federal and MPC rules: Conspirator can withdraw prior to the commission of any overt act by
- Communicating her intention to withdraw to all other conspirators and informing law enforcement
Although D will remain liable for conspiracy, a co-conspirator who withdraws successfully will not be liable for any substantive crimes committed after his withdrawal

52
Q

Inchoate offense: Attempt

A

D is guilty of an attempt to commit a crime if with a specific intent to cause a criminal result he takes a substantial step towards perpetrating the crime

  • D who actually completes a crime, the attempt merges into target crime
  • Legal impossibility is a traditional defense where D did all things but his acts dn constitute a crime
53
Q

Inchoate offense: Solicitation

A

Occurs when an individual intentionally invites, requests, or commands another person to commit a felony/breach of peace
Solicitation merges into the completed offense

54
Q

Factual impossibility

A

Not a defense if based upon a mistake that dn negate culpability

55
Q

Do conspiracy and substantive offense merge?

A

No. One can be convicted of both conspiracy to commit an offense and committing the offense

56
Q

Aiders/Abettors and Conspiracy

A

In addition to being guilty of the substantive crime, individuals who aid or abet D to commit a crime may also be guilty of the separate crime of conspiracy
If there was an agreement to commit crime and an overt act was done in furtherance of committing the crime

57
Q

Self-defense

A

If at time of the act, D reasonably beleived that the amount of force used was necessary to protect himself from imminent danger of unlawful bodily harm, he may use that amount of force in self-defense unless he is the initial aggressor

  • Deadly force: intended or likely to cause death or serious injury (like shooting someone)
  • Non-deadly force: pushing back; locking door
58
Q

Defense of others

A

D’s act was done in defense of another person and the person defended had a legal rt to use the same amount of force used by D

59
Q

Defense of property

A

An individual has the right to use non-deadly force to protect his property

60
Q

Defense of Duress

A

Justifies criminal conduct where D reasonably believes that the only way to avoid unlawful threats of great bodily harm/imminent death is to engage in unlawful conduct

61
Q

Alibi

A

Defense whereby D denies participation in a crime bc he asserts that he was somewhere else at time of the commission of the alleged crime

Crim Law (1 decks)

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