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

crim law one-timers Flashcards

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
Q

a possible PR embezzlement example

A

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)

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26
Q

forgery

A

a type of false pretense
document must affect legal rights
(contracts, birth certificate etc)

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27
Q

Receiving stolen goods

A

you have to actually know goods are stolen WHEN recieved

^^ only element that can be tested

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28
Q

robbery

A

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.

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29
Q

Burglary

A

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

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30
Q

criminal trespass

A

you’re on the land w/o permission

31
Q

Assault

A

mere were with no immediacy is not an assault “if you don’t leave, i’ll beat you up tmrw” – no assault

32
Q

battery

A

intent:
consciously desire or
w/ substantial certainty

general intent crime- intoxication not defense

33
Q

transferred intent

A

two crimes
attempted on one V
and
completed crime of other

34
Q

Rape

A

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
Q

kidnapping

A

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
Q

arson

A

the structure has to be “charred’ *** key word
intent:
MALICIOUS burning
intentional or reckless

reckless= disregard an obvious risk

37
Q

possession offenses

A

gotta know or should have known it was contraband

38
Q

attempt

A

specific intent**

if

39
Q

Statutory rape

A

underage

Strict liability

40
Q

factual v legal intent/ impossibility

A

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
Q

Conspiracy

A

agreement

need an overt act because 1A (modernly)
CL: as soon as agreement

two people with culpable mind

MPC: WILL test undercover officer

42
Q

withdrawal

A

its never right

because conspiracy is complete at moment you made overt act

abandon

43
Q

legislative class that statute is encouraged to protect

A

14 year old says “lets conspire to commit statutory rape”

44
Q

Parties to a crime/

accomplice liability

A

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
Q

another way they test accomplice L on MBE

A

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
Q

legislative exemptions

A

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
Q

accessory after the fact

A

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
Q

CAN be vicarious Liability

A

not really tested. usually involved w/ corporations

49
Q

lifeguard

A

duty to act

50
Q

caused the harm

A

duty to act

driving late at night and hit someone

51
Q

State of mind

A

usually “knowingly” statute on MBE

52
Q

general intent

A

intend to do the act

53
Q

specific intent

A

intent to cause the harm

54
Q

knowingly

A

you are practically certain of result

55
Q

recklessness

A

conscious disregarding a substantial risk

56
Q

concurrence

A

just cause I want someone dead, isn’t enough, gotta act on it

MBE= receipt of stolen goods

57
Q

Strict Liability

A

promote Health, welfare, safety of citizens

i.e. selling spoiled milk

small fine etc
exception
stat rape

58
Q

mistake of fact/ mistake of law

A

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
Q

Responsibility

A

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
Q

Insanity

A

only applies to criminal law! not tort!

no defect of reason defense

61
Q

intoxication

A

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
Q

actual cause

A

but for

or
substantial factor if more than one actor

63
Q

Contributory N by victim

A

not a defense

64
Q

self-defense

A

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
Q

duty to retreat

A

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
Q

Defense of others

A

similar to self-defense
OBJECTIVELY REASONABLE

minority: step into other person’s shoes

67
Q

defense of property

A

can’t use deadly force to protect property

68
Q

crime prevention

A

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
Q

Necessity**

A

distinguish between duress

Necessity= physical forces, tornadoes, hurricanes
duress= people
70
Q

Duress

A

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
Q

jury instructions

A

bring SOME credible evidence in support of your defense?

D doesn’t even have to bring the evidence. the prosec could

72
Q

directed verdict

A

can’t direct verdict for prosecution
CAN direct verdict for Defendant
(b.c. violation of right to jury and fair trial)

73
Q

Alibi

A

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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