Criminal Law Flashcards
(24 cards)
Murder
- Murder is:
1. the unlawful killing of a person
2. with malice aforethought. -
Malice aforethought is:
(a) intent to kill,
(b) intent to inflict great bodily harm,
(c) reckless disregard to human life, or
(d) intent to commit a felony (felony murder rule). - Some jurisdictions divide murder into degrees.
First degree murder - killing with premeditation and deliberation (acting with a cool mind).
Second degree murder - killing with malice aforethought.
Felony Murder Rule
Under the Felony Murder Rule, all participants are guilty of murder if a person is killed while the participants are committing or attempting to commit a felony, even if the D did not actually kill.
Voluntary Manslaughter
- Voluntary manslaughter is an intentional killing of a person without malice aforethought (there was an adequate provocation).
- An adequate provocation reduces murder to voluntary manslaughter.
- Adequate provocation is established if:
1. the D was provoked (sudden and intense passion causing a loss of control),
2. a resonable person would have been provoked,
3. there was no time to cool off, and
4. the D in fact did not cool off.
Involuntary Manslaughter
Involuntary manslaughter is an unintentional killing of a person commited:
(a) recklessly, or
(b) during misdemeanor.
Crimes against persons
Battery
Battery is the:
1. unlawful application of force,
2. directly or indirectly upon another person,
3. resulting in injury or offensive contact.
Crimes against persons
Assault
Assault is either:
(a) an attempted battery, or
(b) the intentional creation of a reasonable apprehension of imminent bodily harm.
Crimes against persons
Kidnapping
Kidnapping is the:
1. confining, restraining, or moving of a person,
2. without authority of law.
Crimes against persons
False Imprisonment
False imprisonment is the:
1. unlawful,
2. confinement of a person,
3. against their will,
4. with knowledge that the restriction is unlawful.
Theft crimes
Larceny
Larceny is the:
1. unlawful taking and carrying away,
2. of the personal property of another,
4. with the intent to steal.
Theft crimes
Larceny by Trick & False Pretenses
- Larceny by trick occurs when one obtains possession (not title) of the personal property of another by trick or deception.
-
False pretenses occurs when one:
1. obtains title,
2. to personal property of another,
3. through an intentional false statement of material fact,
4. with intent to defraud.
Theft crimes
Receiving Stolen Property
Receiving stolen property is a crime when a person:
1. knowingly receives a stolen property,
2. with the intent to permanently deprive the owner of the property.
Theft crimes
Robbery
Robbery is a larceny, and in addition,
1. the property was taken from the person in their presence,
2. by force or intimidation.
Theft crimes
Burglary
Burglary is the:
1. breaking and entering,
2. of a dwelling,
3. of another,
4. at night,
5. for the purpose of committing a felony inside.
* Most jurisdictions have extended burglary to include any structure at any time.
Incomplete crimes
Attempt
- A person is guilty of attempt if the person:
1. had the specific intent to commit a crime, and
2. took an overt act (substantial step) beyond mere preparation. - The attempt merges with the underlying crime.
Incomplete crimes
Defenses to Attempt
- In most jurisdictions, withdrawal is not a defense once the D has taken a substantial step toward the crime.
- Legal impossibility is a defense to an atempt crime, but factual impossibility is not a defense.
Incomplete crimes
Conspiracy
Conspiracy requires:
1. an express or implied agreement between two or more people,
2. intent to pursue an unlawful objective, and
3. an overt act in furtherance of the unlawful objective (any act, including preparation, taken by a co-conspirator is sufficient).
- Conspiracy does not merge with the completed crime, and a D can be charged with the conspiracy and the crime itself (including all foreseeable crimes committed by other co-conspirators).
Incomplete crimes
Defenses to Conspiracy
Withdrawal is not a defense to the conspiracy, but is a defense for crimes committed by co-conspirators after the withdrawal.
Incomplete crimes
Solicitation
A person is guilty of solicitation if:
1. he requests another person to commit a crime (or join in the commission of a crime),
2. with the intent that the crime be committed.
Accomplice Liability
- An accomplice is one who aids, abets, or facilitates the commission of a crime.
- An accomplice is liable for all crimes he committed/assisted and all foreseeable crimes committed by the primary party.
- Withdrawal is a defense only if the accomplice withdraws before the crime becomes unstoppable.
Defenses
Legal and Factual Impossibility
- Legal impossibility arises when the D incorrectly believes that what he is doing is criminal when it is not. This is a valid defense.
- Factual impossibility arises when the D’s intended crime is incapable of completion due to some condition unknown to the D. This is not a valid defense (eg a gun is not loaded).
Defenses
Mistake of Fact & Law
- Mistake of Fact is a defense if it negates the mental state required for the crime (eg you take a jacket that you think is yours when it is not).
- Mistake of Law (not knowing the activity was illegal) is generally not a defense.
Defenses
Self-Defense
- Self-defense is a complete defense to a crime.
-
Non-deadly force can be used when:
1. the D reasonably believes,
2. that he is in imminent danger of being harmed, and
3. the force used is proportional to the danger. -
Deadly force can be used only when:
1. the D reasonably believes,
2. that he is in imminent danger of being killed or suffering great bodily injury, and
3. it is necessary to defend against the danger.
Defenses
Defense of Others
The same rules for self-defense apply to the defense of others.
Defenses
Necessity
Necessity may be a defense if the D reasonably believed that commission of the crime was necessary to avoid an imminent and greater injury to society than that involved in the crime.
(Cannot not be used in homicide cases).
