Criminal Flashcards
(22 cards)
How can assault be committed under Criminal Law?
- An attempt to commit a battery
- Intentional creation of reasonable apprehension of immediate bodily harm
What intent is required for an attempted battery
Specific intent crime that requires intent to cause injury/offensive contact
What intent is required for an attempt
Specific intent to commit the underlying offense.
- Even if the intent for the underlying offense does not require specific intent.
How is Recklessness defined
- Defendant consciously disregards a substantial/unjustifiable risk that a prohibited result will follow, and
- This disregard constitutes a gross deviation from the standard of reasonable care.
When is voluntary intoxication available as a defense?
To a crime that requires
- Purpose
- Knowledge.
It is no defense to a crime of recklessness.
One who is not consciously aware of a risk solely because of his voluntary intoxication will be deemed to have acted recklessly with regard to this risk.
For which elements of an offense must the mens rea be proved for when the statute fails to specify?
In absence of it being specified otherwise, mens rea must be established for all elements of an offense.
How is the Mens Rea of “Knowingly” defined under the MPC?
Nature of one’s conduct = when he is aware that:
(a) His conduct is of that nature, or
(b) Certain circumstances exist.
Result = when he knows that his conduct either:
(a) will necessarily or
(b) will be very likely to cause such a result.
- Knowing that there is a small chance of something occurring is insufficient for culpability where the defendant is required to act knowingly under the statute..
- Knowledge of a small risk of a particular result occuring may be sufficient to establish recklesness.
What are the exceptions to the warrant requirement?
- Automobile exception (elements, scope, traffic stop)
- Consent
- Plain view
- Exigent circumstances
- Inventory search
- Search incident to arrest (general scope, checkpoints, home arrest, automobile arrest)
- Stop and frisk
- Special need
Is specific intent to kill required for murder?
No.
Murder can be based on any type of malice aforethought.
When is a jury trial required?
All serious offenses
- Imprisonment of more that 6 months.
When there is a constitutional right to a jury, what are the number and unanimity requirements?
- At least 6 jurors
- A unanimous verdict
What is the standard of proof required for the elements of the crime itself?
Prosecution must prove each element beyond a reasonable doubt.
What is the standard of proof required for the elements of an affirmative defense?
Prosecution can place the burden on proof on the D.
Prosecution may determine the standard required:
(a) Beyond a reasonable doubt (highest standard)
(b) By clear and convincing evidence (medium standard)
(c) By a preponderance of the evidence (lowest standard)
What is required for an arrest warrant to be effectuated at the residence of a 3P?
- A search warrant for the residence.
- Exigent circumstances.
What is the difference between Theft by False Pretenses and Larceny by Trick?
Whether the D obaitned possession (Theft by False Pretenses) or title to the goods (Larceny by Trick).
What is Forgery
(1) Making/altering
(2) A false instrument (falsity must relate to the instrument itself, cf. the contents of the instrument)
(3) With the intent to defraud
How can Malice be established for the purposes of Common Law Arson?
(a) Intentional burning of the dwelling of another
(b) Acting with reckless disregard that any structure would burn
When is mistake of fact a defense?
Mistake of fact
- Must be reasonable.
- Voluntary intoxication is not reasonable.
What is the Felony Murder Rule?
D can be convicted of Murder if a death occurs during the commission of/attempt to commit/flee from an inherently dangerous felony, even though the death was unintended.
Underlying felony must be independent
- Not directly cause death (or it merges)
- Have a purpose other than causing injury/harm
What is 1st Degree Murder
A murder that is:
1. Wilfull
2. Deliberate, and
3. Premeditated
What is 2nd Degree (Common Law) Murder?
Murder that requires malice aforethought
Groups the following into the same category of Murder:
- Intent to kill (i.e. D intended to kill V and acted with that intent)
- Intent to inflict great bodily harm
- Reckless disregard of an extreme risk to human life (Depraved Heart murder)
- Intent to commit an inherently dangerous felony (Felony Murder rule)
What is Murder under the MPC?
When the D acted:
- Purposefully
- Knowingly
- Recklessly (presumed when killing occurs during the commission/attempt/flee from of any of the inherently dangerous felonies - a.k.a. Felony Murder rule)
