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California Bar Essay Subjects > crim law one-timers > Flashcards

crim law one-timers Flashcards

(73 cards)

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1
Q

Intended killings

A
  1. premeditation and deliberation
    or
  2. provocation

if you find that the D premed and delib before killing –> intent element of malice aforethought HAS to be intent to kill. can’t delib and premed plan a murder if he only intended to inflict great bodily harm.

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2
Q

1st degree murder

A

is statutory - they’ve gotta give you a statute on MBE (or not??)))

and usually encompasses 
premed and deliberation ("intent to kill") 
torture 
explosions 
felony murder
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3
Q

Consent to murder

A

not allowed.

guy is dead. can’t testify that he consented to being killed

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4
Q

Premeditation

A

means the defendant
“actually thought about it”
and reflected on the idea of killing

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5
Q

Deliberation

A

“cool reflection”
for any length of time - no matter how brief

defendant must have made a conscious decision to kill in a calm and cool manner

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6
Q

Intent to kill

A

may be shown by use of a deadly weapon
or by D’s own words
deadly force permits ingerence that D intended to kill V

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7
Q

2nd degree

A

catch-all

intent to cause great bodily injury or
depraved heart

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8
Q

In MBE ques… if you get stuck

A

FOCUS ON D’S INTENT
also

if ques has statute, read carefully

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9
Q

how to answer question

A

killing? (intent or unintentional)
with malice aforethought?

–> 2nd degree

UNLESS
premed and delib

or UNLESS
mitigating circumstances-provoked
–> Voluntary manslaughter

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10
Q

provocation

A 
**TIP** 
D will always be provoked 
so!
what they are going to test you on is the OBJECTIVE prong of the test
would a reasonable person be provoked

(voluntary manslaughter)

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11
Q

Voluntary manslaughter

A

IS an intentional killing
but w/ provocation

and also imperfect self defense
(honest and rsble) – again, honest part will never be in question. the question will be about reasonableness

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12
Q

Unintended killings

A

still guilty of murder

other elements of malice

  • intent to great bodily injur
  • felony murder
  • reckless/N-ly killing
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13
Q

reckless and negligent killing**

A

criminally negligent- involuntary manslaughter
vs
reckless-depraved heart murder (implied malice murder)

ask: 
would you do that?****
driving 40 miles per hour in a 35 miles per hour 
v 
80 miles in 15 miles in school zone

devoid of social utility

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14
Q

Felony Murder

A

unintended killing

during felony
before reaching place of temporary safety!!

*** felony must be INDEPENDENT

assault w/ deadly weapon and voluntary manslaughter can’t be used as underlying crime for felony murder rule

D MUST BE FOUND GUILTY FOR UNDERLYING MURDER

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15
Q

killing by a co-felon

A

red-line rule

co-felon gets killed- justifiable
there is no felony murder

victim killed-
felony murder even if not co-felon

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16
Q

Misdemeanor Manslaughter

A

unintended killing

usually assault or battery

how they test:
battery is malum in se (inherently bad)

  • A D driving carefully, reasonably, with all due care, a child darts out in front of his car, he doesn’t have a license, child dead

want to charge w/ involuntary manslaughter
no!
there is no causation. him driving w/o a license isn’t the cause of kid’s death

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17
Q

malum in se
v
malum prohibitum

A

inherently bad- don’t need a law to tell you that
v
action prohibited by statute (i.e. driving w/o a license)

D not guilty of manslaughter unless the death is a foreseeable or natural consequence of D’s unlawful conduct

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18
Q

Theft

A

encompasses three different crimes:

  • larceny
  • embezzlement
  • false pretenses
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19
Q

larceny

A

trespassory taking

took it w/o consent

with intent to permanently deprive

CAN steal something w/o monetary value
CAN steal from dead person
intent!!! focus!!

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20
Q

embezzlement

A

lawful conversion

given property lawfully
and later converted

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21
Q

embezzlement

A

lawful conversion

given property lawfully
and later converted

*initial possession was lawful**

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22
Q

False pretenses

A

lawful title

through deception

example: 
a false cashier's check 
switch price tags on an item
GOTTA BE A present or past fact 
not a future one! (let me borrow $ cause I will pass the bar)
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23
Q

Continuing trespass doctrine

A

when you get the intent to perm deprive later

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24
Q

Claim of Right

A

HONEST belief that property is yours

–>
no larceny
no burglary

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25
a possible PR embezzlement example
you hire an attorney win judgement judgement is supposed to go into a trust lawyer converts that money and puts it in another account or for his own use THATS EMBEZZLEMENT (intent to restore the equivalent is not a defense)
26
forgery
a type of false pretense document must affect legal rights (contracts, birth certificate etc)
27
Receiving stolen goods
you have to actually know goods are stolen WHEN recieved ^^ only element that can be tested
28
robbery
force or threat of force (AT TIME OF TAKING) ``` and larceny (trepassory taking w/ intent to perm) ``` ex: steal friend's watch. week later friend notices it on your wrist. you say "let me keep the watch or i'll kill you" ^^ NOT robbery.
29
Burglary
the moment any part of you enters you go in to house, see someone sleeping and immediately go back out? that's burglary not attempted burglary CL: nighttime residence
30
criminal trespass
you're on the land w/o permission
31
Assault
mere were with no immediacy is not an assault "if you don't leave, i'll beat you up tmrw" -- no assault
32
battery
intent: consciously desire or w/ substantial certainty general intent crime- intoxication not defense
33
transferred intent
two crimes attempted on one V and completed crime of other
34
Rape
unconsensual forcibly against her will rape by fraud: rape in the factum: lying about what the act is a doctor that puts a woman anesthesia -- fraud in the inducement if you have sex w/ me, i'll make you my wife does the woman know she is having sex w/ the man?
35
kidnapping
aggravated form of false imprisonment conceal or move for substantial distance example: bank robbery. tell teller "get up and open vault"-- technically that's kidnapping cause moved her a substantial distance but its part of robbery- it's incidental
36
arson
the structure has to be "charred' *** key word intent: MALICIOUS burning intentional or reckless reckless= disregard an obvious risk
37
possession offenses
gotta know or should have known it was contraband
38
attempt
specific intent** if
39
Statutory rape
underage Strict liability
40
factual v legal intent/ impossibility
if i intend to do something that's not criminal then its legally impossible to commit a crime no attempt example: i want to kill gf. go to her room, shoot her three times in the heart. but an hour before she passed from a heart attack. can't be guilty of murder cause no causation so? guilty of attempted murder (factual impossible^^)
41
Conspiracy
agreement need an overt act because 1A (modernly) CL: as soon as agreement two people with culpable mind MPC: WILL test undercover officer
42
withdrawal
its never right because conspiracy is complete at moment you made overt act abandon
43
legislative class that statute is encouraged to protect
14 year old says "lets conspire to commit statutory rape"
44
Parties to a crime/ | accomplice liability
accomplice liability v co-conspirator assistance, facilitate a crime that the accomplice KNEW of crime present at scene even if gangmember--> that's not enough but if encourage? --> that's assistance affirmative act and mental state needed** use of innocent agent** baby sitter is guilty of being an accomplice
45
another way they test accomplice L on MBE
stake in the venture i.e. go to walmart, get big butcher knife and go up to cashier and say "yo, im going to use these to kill my wife" okay, w.e. he's just trying to do his job but if you go up to manager and say "yo i need you to sell me those knives for 19.99 to kill..." and he goes "whoa, i can't do that, but I can.. if you give me 80$" well now he has a stake in the crime (usually 4x price or 10x on MBE)
46
legislative exemptions
it takes two people to commit a crime - solicit a prostitute - adultery - buying/selling drugs if you are a victim then you can't be an accomplice
47
accessory after the fact
or harboring a fugitive its a separate crime its not accomplice L has to be after a FELONY have them escape justice in some way
48
CAN be vicarious Liability
not really tested. usually involved w/ corporations
49
lifeguard
duty to act
50
caused the harm
duty to act driving late at night and hit someone
51
State of mind
usually "knowingly" statute on MBE
52
general intent
intend to do the act
53
specific intent
intent to cause the harm
54
knowingly
you are practically certain of result
55
recklessness
conscious disregarding a substantial risk
56
concurrence
just cause I want someone dead, isn't enough, gotta act on it MBE= receipt of stolen goods
57
Strict Liability
promote Health, welfare, safety of citizens i.e. selling spoiled milk small fine etc exception stat rape
58
mistake of fact/ mistake of law
i.e. go up to a guy, intent to rob, but he doesn't have a wallet doesn't matter, mistake of fact is no defense, you intended to rob ignorance of law is no excuse just focus on D's intent
59
Responsibility
Mental disorder rarely on MBE, if on, give you stat, if no stat --> majority majority= Mc'Naughten Test: right/wrong test ITS ALSO CA cognitive disability didn't know nature of act he was going or if he did, he didn't know what he was doing was wrong
60
Insanity
only applies to criminal law! not tort! | no defect of reason defense
61
intoxication
just focus on D intent super drunk, take water bottle thinking its mine, larceny? no, because no intent to perm deprive. who cares if drunk technically its specific intent v general intent. but just focus on D's intent
62
actual cause
but for or substantial factor if more than one actor
63
Contributory N by victim
not a defense
64
self-defense
amount of force must be reasonable your belief must be OBJECTIVELY reasonable (only thing they'll test) i.e. guy breaks in, has a gun, you shoot him first. self-defense? yes. what if its a nine year old girl? not objectively reasonable a reasonable mistake? a woman reaching to get her hat that blew off in the wind you see only her hand from corner of eye and punch her YES self defense objectively that's all he knew
65
duty to retreat
only when DEADLY FORCE only use when deadly force! only time its applied majority no retreat minority: retreat ONLY IF you can get you can get to complete safety (that's too hard for a fact pattern) no duty to retreat in your house, or office
66
Defense of others
similar to self-defense OBJECTIVELY REASONABLE minority: step into other person's shoes
67
defense of property
can't use deadly force to protect property
68
crime prevention
deadly force to prevent a dangerous felony misdemeanor not usually tested "breach of peace" if wasn't an actual misdemeanor, then you take risk of losing defense
69
Necessity**
distinguish between duress ``` Necessity= physical forces, tornadoes, hurricanes duress= people ```
70
Duress
NEVER A DEFENSE TO MURDER b.c. law takes view that value of each life is equal threat of bodily harm you can lose duress defense if you knowingly inject yourself into the controversy (i.e. a gang member)
71
jury instructions
bring SOME credible evidence in support of your defense? D doesn't even have to bring the evidence. the prosec could
72
directed verdict
can't direct verdict for prosecution CAN direct verdict for Defendant (b.c. violation of right to jury and fair trial)
73
Alibi
not a defense it's an element of the crime b.c. concurrence therefore, burden CAN'T be on defendant to prove alibi

California Bar Essay Subjects (13 decks)

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