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Torts > Criminal > Flashcards

Criminal Flashcards

1
Q

Crime

A

Prohibited action including mens rea, actus reus, causation and attendant circumstance.

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2
Q

Cause in Fact

A

(but for): but for the action of the defendant the result would not have happened.

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3
Q

Proximate Cause:

A

is a means to determine whether the defendant as a matter of fairness, should be held liable for the criminal liability

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4
Q

ASSAULT

A

Assault is defined as the unlawful placing of another in the reasonable apprehension of an immediate impending battery.

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5
Q

BATTERY

A

Is defined as the unlawful, harmful, or offensive touching of another without consent or privilege.

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6
Q

LARCENY

A

is defined as the taking and carrying away the property of another with the intent to permanently deprive.

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7
Q

BURGLARY

A

At common law, burglary is defined as breaking and entering the dwelling house of another at nighttime with the intent to commit a felony therein.

Modernly, burglary is defined as entering the protected structure of another with the intent to commit a felony or theft therein.

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8
Q

Robbery

A

is the taking and carrying away of the personal property of another by force or fear, from their immediate presence, with the intent to permanently deprive the owner of their property.

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9
Q

Homicide

A

is defined as the unlawful killing of a human being by another

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10
Q

Murder

A

is defined as the intentional killing of another with malice aforethought

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11
Q

Malice Aforethought - Express Malice

A

is defined as the intent to kill

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12
Q

Malice Aforethought - Implied Malice

A

can be inferred by
1) acts intending to create great bodily harm,
2) acts that demonstrate depraved indifference,
3) acts that are inherently dangerous to human life,
4) a killing during the commission of a felony.

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13
Q

MURDER IN THE FIRST DEGREE

A

is defined as the unlawful killing of another with malice aforethought committed with premeditation and deliberation.

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14
Q

PREMEDITATION:

A

is supported by facts indicating planning and preparation to kill.

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15
Q

DELIBERATION

A

is supported by facts indicating the killer took the time to reflect before killing.

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16
Q

MURDER IN THE SECOND DEGREE

A

is defined as the unlawful or intentional killing of another with malice aforethought.

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17
Q

FELONY MURDER IN THE FIRST DEGREE

A

is death occurring during the intentional commission of an inherently dangerous felony.

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18
Q

FELONY MURDER IN THE SECOND DEGREE:

A

is death occurring during the intentional commission of a felony not otherwise inherently dangerous.

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19
Q

STRICT LIABILITY

A

A crime that does not require a culpable mental state, but rather is comprised solely of an unlawful action, or a failure to act when there is a legal obligation to do so.

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20
Q

MENS REA - General Intent

A

the intent to commit an act without the intent to achieve a specific result

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21
Q

MENS REA - Specific Intent

A

the intent to commit an act and achieve a specific result

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22
Q

Actus Reus

A

The wrongful or illegal act or omission that comprises the physical component of a crime.

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23
Q

Actus Reus - Omission as act.

A

There are at least four situation in which the failure to act may constitute breach of a legal duty for which one can be held criminally liable:
1. When a state imposes a duty to care
for another
2. When one stands in a certain status
relationship to another
3. Where one has assumed a contractual
duty to care for another
4. Where one has voluntarily assumed
the care of another and so secluded
the helpless person as to prevent
others from rendering aid.

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24
Q

Possession

A

is a voluntary act if the possessor knowingly procures or receives the thing possessed, or having acquired control of it was aware of his control for a sufficient time to have enabled him to dispose or terminate control of it.

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25
Q

Defenses: Voluntary Intoxication

A

Potential defense to only specific intent crimes when it negates the intent level.
- Can weaken proof of the intent.

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26
Q

Defenses: Involuntary Intoxication

A

Defense to both specific and general intent crimes. Prosecution has to prove consciousness of the act and of the intent.

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27
Q

MANSLAUGHTER

A

is defined as an intentional killing of another without malice aforethought.

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28
Q

VOLUNTARY MANSLAUGHTER

A

is defined as an intentional or unlawful killing of another during heat of passion or during the use of imperfect self-defense.
- HEAT OF PASSION
- IMPERFECT SELF-DEFENSE

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29
Q

VOLUNTARY MANSLAUGHTER

HEAT OF PASSION

A

exists when a defendant is provoked in manner and time frame where a reasonable person would have been so provoked and would not have had time to cool off.

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30
Q

VOLUNTARY MANSLAUGHTER

IMPERFECT SELF-DEFENSE:

A

occurs when a defendant believes their personal safety is in danger, but that belief is unreasonable.

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31
Q

INVOLUNTARY MANSLAUGHTER

A

is defined as the unintentional killing of another. It can occur during an unlawful act not amounting to a felony, when committed without due caution and circumspection and when the act constitutes criminal negligence.

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32
Q

MISDEMEANOR MANSLAUGHTER

A

Occurs when an individual unintentionally takes a human life during the commission of a misdemeanor offense.

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33
Q

Embezzlement

A

is defined as the converting of the property of another who has entrusted that property to the person, with the intent to permanently deprive.

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34
Q

FALSE PRETENSES

A

is defined as the fraudulent appropriation of title to another’s property with the intent to permanently deprive.

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35
Q

VOLUNTARY INTOXICATION

A

is defined as the intentional consumption of the alcohol or mind-altering drug.

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36
Q

INVOLUNTARY INTOXICATION

A

is defined as the unintentional consumption of the alcohol or mind-altering drug.

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37
Q

REDLINE RULE

A

When the death of a co-felon results from the justifiable act of a third party, the surviving co-felon is not criminally liable for the killing.

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38
Q

MINORITY RULE

A

When the death of a co-felon results from the justifiable act of a third party, the surviving co-felon can be held criminally liable for the death which is a direct and foreseeable consequence of the actions of those committing the felony.

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39
Q

RAPE

A

is defined as sexual intercourse with another against the other person’s will and without that person’s consent.

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40
Q

RECEIPT OF STOLEN PROPERTY

A

is defined as obtaining property known to be stolen with the intent to permanently deprive from the legal owner.

41
Q

FORGERY

A

is defined as the fraudulent creating or altering of a document or object of legal significance with the intent to defraud or deceive.

42
Q

MISAPPROPRIATION OF FOUND PROPERTY

A

is the crime that occurs when a defendant retains found property and makes no reasonable or just efforts to find the owner.

43
Q

MERGER (Ireland) RULE

A

if defendant committed three or more crimes in a single act but is only charged with one crime
- Multiple instances are merged and
combined into a single charge
- Lesser of two offenses will drop out
only charged with greater offense.

44
Q

Possession as Actus Reus.

A

General intent. The voluntary act is simply the possession.
- Possession is a voluntary act if the
possessor knowingly procures or
receives the thing possessed, or having
acquired control of it was aware of his
control for a sufficient time to have
enabled him to dispose of it or
terminate his control.

45
Q

Date Rape

A

social term for when people know each other enough to be on a date. Issues: consent, fear. Their relationship becomes relevant.

46
Q

Stranger rape

A

social term for people that don’t know each other.
- Issue will normally be identity.
- Medical exams become important:
- Victim will be asked when the last time
they had intercourse because of a
potential mixture of DNA.

47
Q

Asportation

A

Capture or taking, occurs when the actor secures dominion over the property of another; and is satisfied with even the slightest change in position of the stolen object.

48
Q

Permanent deprivation

A

Defendant must intend to permanently deprive the owner/possessor of the property, rather than a temporary deprivation.
- It is not larceny to take a thing for
temporary use with the bona fide
intention of returning it. (Compare with
“joyriding.”)

49
Q

Feloniously

A

mens rea - with the intent to permanently deprive.

50
Q

Continuing Trespass

A

States that the defendant’s retaining possession of the item is considered a trespass, becoming a larceny the moment the defendant has the intent to permanently hold the item.
- When the defendant took property
temporarily, and changed their mind to
keep it,

51
Q

Stealing From a Thief

A

Common law did not require that the victim of larceny be a lawful possessor of the personal property taken by the defendant.
- A person may be the subject of theft
even though the “victim” is a person
whose interest in the property is
unlawful.

52
Q

Constructive possession

A

is the legal possession of an object that is not in the person’s direct physical control, but had knowledge of the object and the ability to control it.

53
Q

ROBBERY - Force

A
  • Sufficient force to constitute robbery may
    be found when the article taken is “so
    attached to the person or clothes as to
    create resistance, however slight.”
54
Q

Malum In Se

A

A crime malum in se (wrong in itself) is one that is inherently evil, either because
criminal intent is an element of the offense, or because the crime involves “moral turpitude.

55
Q

ACCESSORY AFTER THE FACT

A

Defined as a crime when one who knows that a crime has been committed, assists one in escaping capture or prosecution for that crime.

56
Q

Arson

A

Defined as willfully and maliciously setting fire to any structure and land of another. Arson can be defined as willfully and maliciously setting fire to one’s own property if for the purpose of insurance fraud.

57
Q

Attempt

A

is defined as a direct but ineffectual act towards the completion of a criminal offense with the specific intent to commit the crime.

58
Q

Attempted Battery

A

is defined as a direct but ineffectual act towards the completion of the crime of battery with the specific intent to commit battery.

59
Q

Bigamy

A

is defined as marrying any other person while having a husband or wife living.

60
Q

Bribery

A

is defined as giving, offering, or promising consideration to anyone about to be called as a witness, (or a government official), with an understanding or agreement that the testimony of the witness shall be influenced by the consideration.

61
Q

Compounding a Felony

A

is defined as taking money, property, gratuity, reward, or promise thereof, while agreeing to conceal or abstain from prosecuting a crime with knowledge that a crime has been committed.

62
Q

Conspiracy

A

is defined as an agreement between two or more parties to commit the criminal offense of ( ) and an overt act towards the completion of that offense.

63
Q

Extortion

A

is defined as obtaining property of another by wrongful use of force or under color of authority with the intent to permanently deprive.

64
Q

Misdemeanor Manslaughter

A

is defined as the unintentional killing of another during the commission of a misdemeanor or an infraction.

65
Q

Kidnapping

A

is defined as the unlawful movement of a person a substantial distance, by force or fear and without consent, from one place to another.

66
Q

Larceny by Trick

A

is defined as the taking and carrying away of the property of another, by the use of false promises, with the intent to permanently deprive.

67
Q

Mayhem

A

is defined as an unlawful act by means of physical force resulting in a dismembering or disfiguring injury done with malice.

68
Q

Perjury

A

is defined as making a willful statement, under oath, of any material matter which the witness knows to be false.

69
Q

Solicitation

A

is defined as encouraging another to commit a criminal offense with the intent that the offense be committed.

70
Q

Threatening or Interfering with a Peace Officer

A

is defined as willfully resisting, delaying, or obstructing a peace officer in the performance of their duty.

71
Q

Conspiracy Liability

A

attaches to two and more persons who agree to commit a crime and one or more commits an overt act in furtherance of that agreement.

72
Q

The Pinkerton’s Rule

A

provides criminal liability to a party to a conspiracy for all foreseeable crimes committed by any co-conspirator during the conspiracy.

73
Q

ACCOMPLICE LIABILITY

A

attaches to all persons who commit a crime, or promote, encourage, and facilitate the commission of that crime.

74
Q

PRINCIPALS AND ACCESSORIES

A

A Principal is one who commits the crime and
An Accessory is one who promotes, encourages, and facilitates the commission of that crime.

75
Q

PERPETRATORS - AIDERS AND ABETTORS

A

A Perpetrator is one who commits the crime and
An Aider and Abettor is one who promotes, encourages, and facilitates the commission of that crime.

76
Q

Third Party Vicarious Liability

A

Provides that a co-felon is liable for the actions of a third party who acts with justification or excuse.

77
Q

Alibi

A

is defined as facts placing the defendant at the relevant time in a different place so as to render it impossible for the defendant to be the guilty party.

78
Q

Defense of Others

A

Provides that a person is justified in using force to protect a third party from unlawful force by an aggressor.

79
Q

Defense of Property

A

Provides that a person may use as much force as is immediately and reasonably necessary to prevent theft and eject a trespasser or thief from their property.

80
Q

Duress

A

is defined as a defense which excuses criminal conduct, where the defendant was under an unlawful threat of imminent death or serious bodily injury, onaccount of which causes the actor to engage in conduct violating the literal terms of the criminal law.

81
Q

Entrapment

A

is a defense to a criminal charge when the defendant asserts they committed the crime because a government agent induced, encouraged, and/or incited the commission of the crime.

82
Q

Objective Entrapment

A

defines entrapment regarding a defendant who committed a crime as a result of outrageous police conduct in the inducement. (minority)

83
Q

Subjective Entrapment

A

defines entrapment regarding a defendant who was pre-disposed to commit the crime even though police conduct may have provided the opportunity. (majority)

84
Q

Insanity

A

is a defense which calls into question the defendant’s ability to form the requisite mental state of the crime.

85
Q

AMERICAN LAW INSTITUTE

A

defines a test for insanity. A person is not responsible for criminal conduct if at the time of the conduct, due to a mental disease or defect, they lack substantial capacity either to appreciate the criminality of the conduct or to conform their conduct to the requirements of the law.

86
Q

M’Naghten’s Rule

A

defines a test for insanity. It must be clearly proven that, at the time of committing of the act, the defendant, due to a mental disease or defect, did not to know the nature and quality of the act they were doing; or, if they did know it, that they did not know what they were doing was wrong.

87
Q

Irresistible Impulse

A

defines a test for insanity. It must be clearly proven that, at the time of the committing of the act, the defendant knew the action was wrong, but who, as a result of a mental disease or defect, was unable to exercise control over their actions.

88
Q

Durham Rule

A

defines a test for insanity. It must be clearly proven that, at the time of committing the act, a defendant suffered from a mental disease or defect.

89
Q

Necessity

A

is an affirmative defense where a defendant is justified in committing crimes necessary as an emergency measure to avoid an imminent public or private injury that is about to occur and is in no part due to the conduct of the defendant.

90
Q

Self-Defense

A

Is the reasonable use of force or violence to protect oneself from imminent and unprovoked harm, serious bodily injury, or death, that could not be otherwise avoided.

91
Q

Inchoate Crime

A

A precrime or incomplete crime of preparing for or seeking to commit an offense. Ex. Solicitation, Attempt or Conspiracy

92
Q

IRELAND RULE

A

Assaultive behavior cannot be the underlying felony for felony murder

93
Q

FACTUAL IMPOSSIBILITY

A

The defendant is mistaken about the facts, but if the defendant had been correct the crime could be accomplished

94
Q

LEGAL IMPOSSIBILITY

A

if the person’s objective had been accomplished, but there would be no criminal violation, the person cannot be held criminally liable for an attempt

95
Q

BATTERED PERSON SYNDROM:

A

A blend of medical and psychological symptoms of a person who has suffered physical, sexual, or emotional abuse at the hands of a spouse or partner and who as a result, cannot take action to escape the abuse.

96
Q

JUSTIFICATION DEFENSE:

A

a type of defense that exempts the defendant from liability because their actions were justified or not wrong.
ex: assualt as a means of self-defense

97
Q

WHARTON RULE:

A

States that an agreement by two or more persons to commit a particular crime cannot be prosecuted as a conspiracy if the crime could not be committed except by the actual number of participants involved.

98
Q

ARREST:

A

Is taking a person into custody, in a case and manner authorized by law.

99
Q

INTOXICATION:

A

Is defined as consuming sufficient alcohol or a mind-altering drug such that the defendant is unable to form the requisite intent to commit the crime. (E)

Torts (3 decks)

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