Criminal Law

Question 1

CRIM K

Answer 1

Criminal's state of Mind
C-criminally Negligent
R-recklessly (wantonly)
I-intentionally
M-maliciously
K-knowingly

Question 2

Elements of a crime

Answer 2

A crime consists of an acts rea (physical act) and a mens era (mental state) which together violate a criminal statute, which was factually and proximately caused by the act.

Question 3

Burden of proof

Answer 3

The People bear the burden of proving beyond a reasonable doubt that the D’s had the necessary mens rea

Question 4

Accomplice Liability

Answer 4

In order to hold an accomplice liable for the crimes of the principal, the prosecution must prove:

1. the accomplice ASSISTED the principal in the commission of the crime, and
2. that the accomplice acted with BOTH the INTENT to ASSIST the principal and the intent that the PRINCIPAL COMMITS THE OFFENSE

Question 5

Crime of Solicitation- TACO

Answer 5

T-Ascertainable terms
A- Acceptance
C- Consideration
O- Officer

Question 6

Criminal Negligence (C in CRIM K)

Answer 6

Mens Rea exceeds that for mere Tort Negligence.

Criminal negligence requires a FAILURE by the D to PERCEIVE a risk so SUBSTANTIAL and UNJUSTIFIABLE that it constitutes a GROSS DEVIATION from the standard of care that a reasonable person would observe in the same situation.

Question 7

R- Criminal Recklessness (wanton conduct)

Answer 7

Exists when the D perceives a substantial and unjustifiable risk, but consciously disregards it and his conduct constitutes a gross deviation from the behavior expected of a reasonable person.

Question 8

I- Intent (purposely in MPC)

Answer 8

Exists when the defendant CONSCIOUSLY DESIRES to bring about a result or is aware that his conduct is SUBSTANTIALLY CERTAIN to bring it about.

General intent

Specific Intent (most intent crimes requires specific intent)

Question 9

General Intent v. specific intent

Answer 9

GI: Requires that the defendant intent to perform the physical act prohibited by the penal law.

SI: When the crime requires not just the desire to do the act, but also the desire to achieve a specific result.

(GENERAL INTENT + the D’s subjective purpose of yielding some additional prohibited consequences.

Question 10

Transferred Intent

Answer 10

The tort doctrine of transferred intent arises when the D’s intentional conduct causes harm to an unintended victim. Limited to results that would cause the same type of harm.

Question 11

Maliciousness

Answer 11

Exists when the D acts either INTENTIONALLY OR RECKLESSLY

Question 12

Knowingly

Answer 12

Exists when the D acts with an AWARENESS that certain facts or circumstances exist.

Cannot be charged with crime of knowledge if he acts mistakenly.

Under the doctrine of conscious avoidance, the jury will be instructed that they can find a D acted knowingly, if he acted with willful blindness of particular facts

Question 13

Strict Liability Crimes

Answer 13

is imposed for the welfare of the public to discourage certain conduct. Only proof of the Acts Reus is required, w/o regard to the D’s mental state

Question 14

Principal in the second degree (aka aider or abettor)

Answer 14

PEAS
1- INTENTIONALLY renders some assistant

2. stands by with an intent to render aid if needed. This is someone who is present and encourages the commission of the crime with the same MENS rea as the principal in the first degree.

P- Present at the crime scene (intentionally renders some assistance OR stands by with an intent that the crime be committed, and with an intender to render aid if needed)
E- Encouraged the crime
A- Assisted in its commission
S- Shared the same mens res as principal 1st degree

Requires “scienter”

Question 15

Accessory Before the Fact (accomplices)

Answer 15

A3CES

A- Absent from the scene of the crime, Assists, AIDS, ABETS

C-Commands or
E- Encourages the criminal plan
S-Shared same mens rea as principal 1st degree

Question 16

Accessory After the Fact

Answer 16

Is a person who renders assistance AFTER the crime is completed. Such person will be charged with the crime of hindering prosecution, if the People can prove beyond a reasonable doubt that the D knew that he was assisting someone who had a committed a felony. The D must act with a SPECIFIC INTENT to prevent, impede, or delay discovery of evidence or discovery of the D. CANNOT BE CONVICTED AS ACCOMPLICE OR FOR CRIME OF CONSPIRACY B/C MENS REA WAS AFTER THE FACT

Must have specific intent to DIP

D- Delay the felon’s capture
I- Impede the felon’s capture
P- Present the felon’s capture

Will be charged with hindering prosecution, if the People can prove beyond a reasonable doubt that the D knew that he was assisting someone who had committed a felony.

Question 17

Crime of Conspiracy

Answer 17

An AGREEMENT of two or more parties the SPECIFIC INTENT to COMMIT a crime. Conspiracy itself is a crime, so even if the underlying crime that was subject of the agreement never comes to fruition, a conspiracy to commit that crime has still be committed.

At common law, no additional OVERT ACT was required for conspiracy. However, today most state and federal statutes expressly require some overt act in furtherance of the agreement.

MPC and in most states, a conspirator is not liable for the crimes committed by another unless he SUFFICIENTLY PARTICIPATED in those crimes to be an accomplice to them.

Exception: BRAKERS (violent felonies)

Question 18

Crime of Attempt

Answer 18

to intentionally try to commit a crime, but not succeed.

CL: requires only some activity BEYOND mere preparation

MPC and the majority: require a “substantial step” toward the commission of the crime strongly CORROBORATING the D’s criminal purpose. Mere preparation is not sufficient.

Minority: D is guilty of a crime of attempt only if she is “DANGEROUSLY NEAR” or “ON THE VERGE” of accomplishing the contemplated crime, while others describe it as “PROXIMATE” to the crime.

FACTUAL IMPOSSIBILITY IS NEVER A DEFENSE. Legal impossibility is a valid defense (“crime” is actually lawful)

Question 19

Homicide

Answer 19

Occurs when one human being causes the death of another. Homicide includes both murder and manslaughter

If malice aforethought—> P must prove that D intended to cause death or great bodily harm or exhibited extreme and reckless indifference to the value of life.

Question 20

Murder

Answer 20

FIGS MAN

F- Felony Murder
I- Intentional murder
G- D’s conduct created a GRAVE risk of death and D was aware of the risk and consciously disregarded it by displaying indifference to the victim’s life
S- Intent to cause SERIOUS bodily harm that results in death

MAN- Manslaughter (voluntary and involuntary)

Question 21

Causation

Answer 21

To determine causation, courts inquire whether the D’s conduct was both

1. the FACTUAL CAUSE, but for the defendant’s conduct the victim would not have suffered injury
2. the PROXIMATE CAUSE, the defendant’s conduct was a “substantial factor” in the victim’s death or serious injury

A foreseeable intervening cause does not break the causation chain. A defendant will not be liable for his criminal conduct only if an intervening act was so “out-of the ordinary” that is is no longer fair to hold the D criminally responsible for the crime

Question 22

Felony Murder

Answer 22

Felony murder usually is an unintended homicide occurring during the COMMISSION, ATTEMPT OR FLIGHT from a dangerously inherent felony. The purpose of the felonious conduct must be independent of the homicide. The felon is held strictly liable for the unintended death.

The felony is deemed to end once the D reaches a “safe harbor” at which time there is a break in the chain of events.

Accomplices are guilty for any deaths caused during the dangerous felony. UNLESS CUB

Agency Doctrine requires one of the felons to proximately cause the accidental killing for a felony murder to occur.

Some states recognize felony murder even if the act causing accidental death was not committed by a felon.

Question 23

Deaths caused during _________felony amount to felony murder, but deaths caused during ______felonies do not.

Answer 23

BRAKERS | LAB

B- Burglary
R- Robbery
A- Arson
K- Kidnapping
E- Escape
R- Rape
S- Criminal SEXUAL ACT

L-Larceny
A- Assault
B- Battery

Question 24

An accomplice is not guilty of felony murder if he was only a ______.

Answer 24

CUB

C-the accomplice didn’t COMMIT, command or request the homicide

U- the accomplice was UNARMED with a deadly instrument or substance readily capable of causing death or serious physical injury AND

B- the accomplice had no reason to BELIEVE another co-conspirator was armed or intended to engage in conduct likely to result in death

Question 25

Intentional Murder

Answer 25

In majority: the P must prove that the D "with premeditation (preconceived intent to kill) and deliberation (cool reflection)", desired to cause the death of another, and in fact caused the death of that person or a third person. Minority: do not require premeditation and deliberation and define murder simply as intentionally killing another. Where the D intentionally uses a deadly weapon and death results then the jury may infer that the D intended to kill that person

Question 26

Depraved Indifference Murder

Answer 26

Exists when the D creates and CONSCIOUSLY DISREGARDS an UNJUSTIFIABLE, GRAVE risk of death to his victim, and in disregarding it, he demonstrates a depraved indifference to the value of human life. Significant minority: RECKLESS MANSLAUGHTER or INTENTIONAL MURDER

Question 27

Voluntary Manslaughter

Answer 27

Occurs where the D INTENTIONALLY committed murder, but D's intent arose under circumstances of EED or in the HOP Verbal insults are to sufficient provocation. Adultery aggravated battery, or a serious criminal assault may be sufficient.

Question 28

Involuntary Manslaughter

Answer 28

The Dd causes the death of another human being by engaging in conduct that creates an unreasonable risk of death or serious bodily injury. Majority: Reckless manslaughter: involuntary manslaughter arises where the D is aware of a SUBSTANTIAL RISK of death or bodily injury but despite this knowledge the D consciously disregards the risk. minority: Criminally negligent homicide arises when a defendant fails to PERCEIVE a substantial and unjustified high risk of death or serious bodily injury that a reasonable person would have been aware of

Question 29

Burglary

Answer 29

I-BEND (intent to commit a felony, breaking, entering, nighttime, dwelling) At common law burglary required an unauthorized breaking and entering into another's dwelling during the night with a specific intent to commit a felony therein. Today, the general intent of criminal trespass is entering or remaining unlawfully on realty. Burglary is the general intent crime of criminal trespass coupled with the specific intent to commit a crime therein. (add sentence on general intent and specific intent) Breaking occurs by entering force to remove a barrier to enter the dwelling. (breaking may occur after entering a dwelling (if not before) i.e. opening a bedroom door). Entering occurs where any part of the D's body enters the premises. Crime against habitation, thus D may be convicted and consecutively sentenced for both burglary and the crime attempted or committed within.

Question 30

Constructive breaking and entering

Answer 30

if consent to enter was obtained by fraud, when an intruder, intending criminal conduct, who breaks the barrier with a lie or deception

Question 31

How has the MPC expanded burglary?

Answer 31

It includes any structure or vehicle either for overnight lodging or to carry on a business, day or night, and have eliminated the "breaking element". Knowingly entering or remaining in a structure unlawfully. Affirmative offenses afforded if building or structure was abandoned.

Question 32

Arson

Answer 32

At common law, arson was the malicious burning of the dwelling of another. Common law defined "dwelling as a structure used for overnight habitation, but one was not required to be in the dwelling at the time of the burning. By statute, most jurisdictions have expanded arson to include any "structure", used either for overnight lodging or to carry on a business. Total destruction is not required, but there must be more damage than mere blackening by smoke.

Question 33

Most serious arsons

Answer 33

PIES P: There was a PECUNIARY motive for setting the fire I: an INCENDIARY device was used (Molotov cocktail) E: Explosive were used or S: Someone is SERIOUSLY injured If arson is the proximate cause of death of the victim, then felony murder also occurs.

Question 34

Defenses

Answer 34

NICE MICE EVADE WASPS NICE: Necessity, Infancy, Claim of right, Excessively broad penal statue MICE: Legal or factual MISTAKE, INSANITY or INTOXICATION, CUB status as a defense to felony, EED EVADE: ENTRAPMENT, VAGUE criminal statute, Bill of ATTAINDER, DURESS, EX POST FACTO WASP: WITHDRAWAL (renunciation), ALIBI, SELF-DEFENSE, Heat of PASSION

Question 35

Claim of Right

Answer 35

A D who is charged with a theft crime, may alert claim of right, if he had an HONEST SUBJECTIVE GOOD FAITH mistaken belief, that the property he is accused of stealing was his own, or that he had the right to take it.

Question 36

What are the 6 general intent crimes?

Answer 36

- Battery - Rape - Arson - Kidnapping - False Imprisonment - Manslaughter

Question 37

what are the 4 categories of mens rea under common law?

Answer 37

1. specific intent 2. general intent 3. negligence 4. recklessness

Question 38

What are the 5 categories of mens reas under MPC

Answer 38

1. Purposely 2. Knowingly 3. Recklessly 4. Negligently 5. Criminal Negligence

Question 39

What are the two tests to determine whether ACTUAL Cause exists?

Answer 39

1. But for (factual) 2. substantial factor (proximate) foreseeable intervening cause does not break chain of causation. superseding cause does.

Question 40

Elements of common law murder

Answer 40

1. unlawful killing 2. of a human being 3. with malice aforethought

Question 41

What are fie mental states that fall under malice aforethought for homicide?

Answer 41

CRIM K 1. intent to kill 2. intent to inflict grievous bodily harm 3. reckless disregard for human life 4. intent to commit a felony

Question 42

What constitutes intent to kill?

Answer 42

Acting with the PURPOSE to kill or the KNOWLEDGE that it is SUBSTANTIALLY CERTAIN DEATH WILL OCCUR.

Question 43

Elements of depraved heart murder?

Answer 43

1. reckless or grossly negligent conduct; 2. that creates an EXTREME RISK TO OTHERS 3. Demonstrates a WANTON INDIFFERENCE TO HUMAN LIFE

Question 44

Elements of felony murder

Answer 44

1. unintentional and foreseeable killing 2. proximately caused during the attempt commission or flight from; 3. an inherently dangerous felony Remember BRAKERS

Question 45

Voluntary Manslaughter

Answer 45

An intentional killing that has been downgraded due to mitigating factors such as: - Adequate provocation - Imperfect self-defense - Diminished capacity

Question 46

Involuntary manslaughter

Answer 46

General intent crime. 1. Killing committed with gross negligence. In most jurisdictions, A D is guilty of manslaughter when the D causes the death or another human being by engaging in conduct that creates UNREASONABLE RISK OF DEATH OR SERIOUS BODILY INJURY. The modern and majority view iss that D must have acted RECKLESSLY to be convicted of involuntary manslaughter. A defendant acts recklessly when he is aware of the unreasonable risk of death or serious bodily injury. Recklessness is generally defined as conscious disregard of a known risk. In other jurisdictions it is enough if the D acted with greater ordinary negligence. Thus even if D was unaware of the risk, he may be found guilty if an ordinary person in the same situation would have been aware that her conduct created an unreasonable risk.

Question 47

Mens Rea Intent

Answer 47

D actued with the purpose to bring about the result or the knowledge that it is substantially likely harm would result.

Question 48

DRAM SHOP Rule

Answer 48

If a business sells alcohol to an obviously drunk person, they will be strictly liable for anyone injured by the drunken person

Question 49

Purposely

Answer 49

A person acts purposely with respect to his conduct when it is his CONSCIOUS OBJECTIVE to engage in certain conduct or cause a certain result

Question 50

Knowingly

Answer 50

A person acts knowingly when he is aware AWARE of that NATURE or that CERTAIN CIRCUMSTANCES exist. He is deemed to be aware of these circumstances when he is aware of a HIGH PROBABILITY that they exist and DELIBERATELY AVOIDS learning the truth.

Question 51

Recklessly

Answer 51

A person acts recklessly when he consciously disregards a SUBSTANTIAL and UNJUSTIFIABLE risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a GROSS DEVIATION from the standard of care that a reasonable person would exercise in the situation. An act performed recklessly is also performed wantonly.

Question 52

Negligently

Answer 52

A person acts negligently when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances. To determine whether a person acted negligently, an objective standard is used.

Question 53

Specific intent v. General intent

Answer 53

GI: D intended to commit the crime SI: Subjective intent to cause a SPECIFIC OUTCOME

Question 54

What intent is required for theft?

Answer 54

Specific intent crime. Intent to permanently deprive a person of property

Question 55

What negates the intent to steal?

Answer 55

Claim of right

Question 56

What intent is required for voluntary manslaughter?

Answer 56

Specific intent. Intent arose under circumstances of EED or in the heat of passion. Verbal insults not enough.

Question 57

Intent required for attempt?

Answer 57

Specific intent to commit the underlying crime

Question 58

Common law elements of solicitation

Answer 58

1. Enticing, advising, requesting or otherwise encouraging someone else 2. to commit a crime 3. with the intent the other person commits the crime Crime is complete as soon as D entices or encourages someone to commit a crime. Other person does not need to agree. Withdrawal is a valid defense 9but not recongized but common law)

Question 59

Elements of Conspiracy

Answer 59

1. intentional agreement b/w two or more persons; 2. to commit an unlawful act or a lawful act by unlawful means 3. an overt act in furtherance of the unlawful act ( only required for half the states) D must intend for his actions to further criminal conduct

Question 60

Overt Act Requirement for Conspiracy under the MPC

Answer 60

1. Any act is sufficient as long as the act is in furtherance of the crime 2. mere preparation

Question 61

Unilateral Conspiracy

Answer 61

Recognized by the majority of states and exists when a single party is charged with conspiracy. (not permitted under common law)

Question 62

wharton's rule

Answer 62

If the target requires two or more people, then conspiracy charge cannot be brought. Exception there are more people than necessary to complete the crime. CL only, not MPC

Question 63

Defenses to conspiracy under common law and mpc?

Answer 63

CL: None. As soon as agreement is made, parties can be charged MPC: withdrawal or abandonment

Question 64

When is accomplice criminally liable?

Answer 64

1. Aids, abets, or encourages principal to commit crime 2. with the intent to assist the principal 3. with the intent for the principal to commit the crime

Question 65

Defenses to accomplice liability under common law?

Answer 65

1. Withdrawal a. makes it clear to parties he is withdrawing and renouncing aid b. does everything possible to counter prior aid; and c. does so before the crime begins 2. legal impossibility

Question 66

Defense to accomplice liability under MPC?

Answer 66

Withdrawal but only if D actually thwarts the success of the substantive crime

Question 67

Competence

Answer 67

Competence is determined at the time of trial, not at the time the crime was committed. A D is competent if he understands the nature of his crimes with which he is charged; the nature and consequences of the proceedings against him; and if he is able to participate effectively in his own defense.

Question 68

M'Naghten Test

Answer 68

Requires the D to show that he has a "disease of the mind" which caused a defect in reasoning such that he could not understand the "nature and quality" of his actions, or that what he was doing was wrong. States have different requirements on what level of impairment is required for a disease of the mind.

Question 69

A motion for judgment

Answer 69

A motion for judgment of acquittal should be granted only if the prosecution has failed to present sufficient evidence for a reasonable jury to find that the D committed each element of the charged offense beyond a reasonable doubt.

Question 70

An unintended homicide is murder if it was a BIG death

Answer 70

B: it occurred during a BREAKERS felony I: the D's intent was to cause serious injury resulting in death; G: the D created a GRAVE risk of death and the D consciously disregarded the risk (Depraved heart murder)

Question 71

Common law larceny requires TIP

Answer 71

T: Wrongful TAKING of property I: Specific INTENT to permanently deprive the owner of that property P: PERSONAL property of another is taken

Question 72

Does HOP or EDD allow reflection?

Answer 72

EED. HOP does not

Question 73

How to prove attempt

Answer 73

To prove attempt, the prosecution must prove that: 1) the D INTENDED to commit the crime, and 2) the D's acts went sufficiently beyond MERE PREPARATION to commit the crime. CL: D MUST COME DANGEROUSLY CLOSE committing the crime. MPC: Requires D's conduct is a SUBSTANTIAL STEP toward the crime and corroborative of his criminal intent. Most states: abandonment is not a defense

Question 74

Willfullness

Answer 74

A D acts willfully when he acts with KNOWLEDGE that his conduct was UNLAWFUL. The Prosecutor must prove that the law posed a LEGAL DUTY, the D KNEW of that DUTY, and the D VOLUNTARILY and INTENTIONALLY violated that duty.

Question 75

What was murder at common law?

Answer 75

At common law, murder was the unlawful killing of another w/ malice aforethought

Question 76

The common law requirement of "malice aforethought is satisfied if the D has any of the following four mental states:

Answer 76

1. Intent to kill 2. the intent to inflict serious bodily 3. Extreme recklessness, meaning reckless indifference to human life 4. Felony murder

Question 77

Two limitations of felony murder

Answer 77

1. D must have committed the underlying felony | 2. the felony must be inherently dangerous

Question 78

Common Law Voluntary Manslaughter

Answer 78

1. a killing committed intentionally 2. in the heat of passion (no premeditation or deliberation) 3. upon adequate provocation

Question 79

Two qualify for voluntary manslaughter, an intentional homicide must satisfy four requirements:

Answer 79

1. the provocation must be objectively adequate, which means it would arouse a sudden and intense passion in the mind of a reasonable person 2. the D was actually provoked 3. the D did not have time to cool off 4. the D did not actually cool off b/w provocation and killing

Question 80

Three Inchoate offenses

Answer 80

SAC 1. Solicitation 2. Conspiracy 3. Attempt