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Criminal Law Flashcards

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1
Q

Actus Reus

A

physical part of the crime - the act that caused the social harm

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2
Q

Mens Rea

A

intent/mental state of the actor when committing the social harm

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3
Q

Causation

A

the link between D’s conduct and the social harm that occurred

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4
Q

Result Crime

A

tangible harm

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5
Q

Conduct Crime

A

social harm exists but doesn’t always have tangible result

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6
Q

Omissions/Negative Acts

A

Generally no duty to act unless it is a status relationship, contractual relationship, hierarchy relationship, statutory created duty, or you put the person in harm’s way

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7
Q

Purposely

A

conscious object to cause the result or perform the act

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8
Q

Knowingly

A

actor is aware that the result is virtually certain to occur

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9
Q

Recklessly

A

actor consciously takes a substantial and unjustifiable risk in causing a particular result

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10
Q

Negligently

A

actor inadvertently creates a substantial and unjustifiable risk for which he ought to be aware

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11
Q

Knowingly and Willful Blindness Doctrine

A

Knowingly - Actor must be aware that it is practically certain his/her conduct will cause such a result
Willful Blindness - D must subjectively believe there is a high probability that the fact exists; and D must take a deliberate action to avoid learning of the facts

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12
Q

Mistake of Fact

A

negate mens rea

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13
Q

Actual Causation

A

factual causation - cause in fact

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14
Q

But-For Test

A

But for D’s voluntary act or omission, would the social harm still have occurred when it did?

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15
Q

Substantial Factor Test

A

when the individuals commit separate acts which alone can bring about a certain result

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16
Q

Acceleration Theory

A

accelerates the social harm

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17
Q

Proximate Causation

A

intervening act of causal significance occurs after D’s voluntary act but before social harm occurs

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18
Q

Foreseeability Test

A

whether the intervening party’s act were reasonably foreseeable - responsive or coincidental intervening acts

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19
Q

Responsive Intervening Act

A

act is responsive to the situation D created

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20
Q

Coincidental Intervening Act

A

an intervening act that does not occur in response to D’s conduct

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21
Q

Apparent Safety Doctrine

A

After victim reached place of safety there was an intervening act that superseded D’s conduct thereby breaking the causal link between D’s act & the social harm that occurred

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22
Q

Free, deliberate, informed human intervention test

A

Free will - causal significance of the free choice in relation to the social harm

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23
Q

Intended Consequences Test

A

Work backwards to find the actor with the intent to cause the social harm

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24
Q

Homicide

A

killing of a human being by another human being

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25
Malice Aforethought
thinking about the killing beforehand
26
4 Types of CL Murder
27
Intent to Kill
conscious object to kill another person or virtually certain your actions will lead to death
28
Intent to cause grievous bodily harm
intent not to kill but to cause serious bodily harm
29
Abandonment & Malignant Heart/Depraved Heart
acting with extreme recklessness
30
Felony Murder
31
First Degree Murder
o Killing perpetrated by poison o Lying in wait o Intentional killing w/premeditation & deliberation o Death that results during commission of specifically enumerated felonies
32
Second Degree Murder
All other kinds of killing’s w/malice aforethought
33
Willful, deliberate, and premeditation killing
o Wilful – intentional (ex. Intentional killing) o Premeditate – to think about beforehand (thinking & planning) o Deliberation – to consider, evaluate (weighing & consideration)
34
MPC Murder
1. a killing that occurs purposely or knowingly | 2. a killing caused by recklessly manifesting of extreme indifference to the value of human life
35
CL Voluntary Manslaughter
1. adequate provocation 2. heat of passion 3. no reasonable time to cool off
36
Adequate Provocation
Must be something to incite a person in a way that causes a person to act without rational judgment
37
Heat of Passion
actus reus has to occur during heightened emotional state
38
No reasonable opportunity to cool off
evaluate whether person has enough time to come out of heat of passion
39
MPC Manslaughter
1. a killing that is committed recklessly 2. a killing that occurs as a result of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse
40
2 Inquiries under EMED (MPC Manslaughter)
1. was actor in a state of EMED when he acted? | 2. if so, is there a reasonable explanation or excuse for why D was in an extremely disturbed state?
41
CL Involuntary Manslaughter
1. Criminal Negligent Killings | 2. Misdemeanor Manslaughter Rule
42
Criminal Negligent Killings
D is unaware (subjective) that he has taken a substantial and unjustifiable risk that resulted in death
43
Misdemeanor Manslaughter Rule
an unintended death occurs during the commission of an unlawful act not amounting to a felony
44
MPC Negligent Homicide
person negligently kills another human being
45
Felony Murder Doctrine
a killing occurs in the commission or attempted commission of a felony
46
Felony Murder Limitations
1. Inherently Dangerous Felonies | 2. Independent Felony Limitation
47
Felony Murder - Killing by a Non-Felon
48
Attempt (2 types)
Incomplete and complete
49
CL Mens Rea for Attempt
(1) Intent to do the acts that bring D within proximity to commit underlying offense. (2) Intent to commit the target offense (underlying crime)
50
MPC Mens Rea for Attempt
Step 1: Complete or Incomplete crime | Step 2: Conduct or Result
51
Actus Reus for Attempt
Distinguishing preparation from perpetration Two Categories o A focus on how close D came to completing crime (proximity) o A focus on how much D has done to complete the crime
52
Attempt - Proximity Tests
Physical Proximity and Dangerous Proximity
53
Physical Proximity Test
54
Dangerous Proximity Test
Did actor come dangerously close to committing crime? (1) Nearness of danger (2) Greatness of harm (3) Degree of apprehension felt
55
(Un)equivocality (certainty) Test
Only consideration is D’s conduct - Conduct alone must demonstrate crim. Intent
56
Substantial Step-MPC Test
57
Defense to Attempt
CL - abandonment is no offense | MPC - renunciation - complete and voluntary - change of heart
58
Solicitation
invites, asks, induces, another to commit a crime
59
CL Mens Rea for Solicitation
60
Actus Reus for Solicitation
invites, asks, induces, entices another to commit a crime
61
Merger - Solicitation
solicitation merges with the crime or the attempted crime if the person being solicited does or attempts the crime
62
MPC Solicitation
63
Conspiracy
64
Mens Rea for Conspiracy
1. Intent to agree | 2. Intent to commit target offense
65
Actus Reus for Conspiracy
forming/making the agreement
66
Conspiracy Merger (CL & MPC)
CL - Can be convicted & punished for both the conspiracy and underlying offense MPC - Cannot be convicted and punished for conspiracy and the object of the conspiracy
67
Pinkerton Rule
once a conspiracy is formed each person is responsible for the actions of others in the conspiracy as long as those actions were in furtherance of the conspiracy
68
Plurality Requirement
Common Law o Bilateral requirement o Cannot conspire with yourself; need 2 parties to intend the crime be committed Under MPC 5.03(a) oUnilateral approach oFocus is on culpability of the individual actor rather than that of the “group”
69
Abandonment (Conspiracy)
70
Accomplice Liability
imposes liability one one party for the actions of another
71
Principle in the first degree
perpetrator
72
Principle in the second degree
present during commission of crime - encouraging or aiding and abetting
73
Accessory Before the Fact
not present during commission of the crime; aided the principals in acquiring the means to do the crime
74
Accessory After the Fact
not present during the crime but they know of the guilt and render assistance after the commission of a crime
75
CL Mens Rea for Accomplice Liability
o Intent to aid the primary party | o Intent that one’s assistance result in the commission of the offense charged
76
CL Actus Reus for Accomplice Liability
(1) Solicitation of the offense (2) Active assistance in commission of the crime (3) Failure to act where a duty to act exists (4) Encouragement of the offense
77
MPC Accomplice Liability
78
Receiving Stolen Property
Intentionally receiving or possessing property one knows is stolen, with the intent to permanently deprive the owner.
79
Larceny
intentional taking of one's property with the intent to permanently deprive the owner
80
Burglary
81
Arson
malicious burning the dwelling house of another
82
Defense - Justification
83
Defense - Excuse
Focus on the condition of the actor to excuse their conduct
84
CL - Necessity
85
MPC - Necessity
NO imminency requirement; emphasis is on whether choice was lesser of two evils - can be used in homicide cases
86
CL - Duress
Looking at the circumstance’s actor was in 3 elements 1. Another person threatened imminent unlawful force against actor or close relative 2. Actor reasonably believed the threat 3. No reasonable escape from the threat
87
MPC - Duress
D’s unlawful conduct must be a response to threat of deadly force - defense to homicide - does not have to be close family member
88
Self-Defense
A person is justified in using deadly force against another person if he is not the aggressor & he reasonably believes that such force is necessary to repel the imminent use of unlawful, deadly force by another person
89
CL Self-Defense
Elements to justify use of deadly force: oThreat of deadly force oThreat is unlawful & imminent oD reasonably believes force is necessary to protect oneself
90
3 Components to CL Self-Defense Elements
1. Necessity 2. Proportionality 3. Reasonable Belief
91
MPC Self-Defense
A person is justified in using force when it is immediately necessary to protect oneself
92
Retreat Rule
CL - retreat to the wall | MPC- whether person knows he could have retreated with complete safety or not
93
Castle Doctrine
CL o If you are in your own home, you do not have a duty to retreat MPC o Broader in that it does not limit itself to your own home. Includes any space you own or have legal rights to.
94
Insanity
a person's mental condition at the time the crime was committed
95
M'Naghten Test
1. At the time of the act did D not “know” the nature and quality of act he was doing, or 2. If D did know, did he know what he was doing was “wrong”
96
Irresistible Impulse Test
insane if acted from an uncontrollable impulse
97
MPC Insanity Test
98
Durham Test
99
Federal Test: 18 USC 17(a)

Criminal Law (1 decks)

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