Criminal Law Flashcards
(109 cards)
1
Q
When does the U.S. have jurisdiction over a crime?
A
When the crime:
- occurs anywhere in the U.S.
- occurs on ships and planes, or
- is committed by U.S. nationals abroad
2
Q
When does a state have jurisdiciton over a crime?
A
Only when there is some connection between the state and the crime. The crime:
- occurs in whole or in part inside the state
- conduct outside the state involves an attempt to commit a crime inside the state
- a conspiracy to commit a crime if an overt act occurred within the state
3
Q
What is required for actus reus.
A
There must be a voluntary act.
4
Q
When is a failure to act sufficient for actus reus?
A
- it is a failure to comply with a statutory duty
- there is a special relationshp between the defendant and victim
- there is a voluntary assumption of a duty of care that is then cast aside
- the defendant causes the danger and fails to mitigate the harm tot he victim
5
Q
What are the common-law states of mind (mens rea)?
A
- Specific Intent
- Malice
- General Intent
- Strict Liabiility
6
Q
What does specific intent mean under the common law?
A
A defendant commited the actus reus for hte very purpose of causing the result that the law criminalizes.
7
Q
What are the four categories of crimes that are specific intent crimes under the common law?
A
FIAT (CATS)
- First degree murder
- Inchoate Crimes: Conspiracy, ATempt, Solicitation
- Assault with attempt to commit battery
- Theft offenses: larceny, embezzlement, forgery, burglary, robbery
8
Q
What is malice under the common law?
A
Malice exists when the defendant acts in reckless disregard of a high degree of harm. The defendant realizes the risk and acts anyway.
9
Q
What two crimes involve malice under the common law?
A
(I AM certain there are only two malice crimes.)
Arson and Murder
10
Q
What is general intent under the common law?
A
A catchall category for mens rea. General intent requires an intent to perform an act that is unlawful. Knowledge that the act itself is unlawful is not required, it is sufficeint to intend to perform the act.
11
Q
What is strict liability under the common law?
A
No state of mind is required, the defendant just has to have committed the act.
12
Q
Which offenses require strict liability for mens rea under the common law?
A
- statutory/regulatory offenses
- Morals offenses (statutory rape)
13
Q
What are the five mens rea for the MPC?
A
- Purpose - highest level of culpability
- Knowledge
- Recklessness
- Negligence - lowest level of culpability
- Strick liability
14
Q
A
15
Q
What is the mens reas for knowingly or willfully under the MPC?
A
The defendant is aware that: (i) their conduct is of hte nature required to commit the crime and (ii) teh result is practically certain to occur from this conduct.
16
Q
What is the mens rea of recklessly under the mPC?
A
The defendant acts with a conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of conduct of a law-abiding citizen.
17
Q
What is the mens rea of negligently under the MPC?
A
The defendant should be aware of a substantial and unjustifiable risk and acts in a way that grossly deviates from teh standard of care of a reasonable person in the same situation.
18
Q
What is the Transferred Intent Doctrine?
A
When a defendant has the requisite mens rea for committing a crime against Victim A, but actually commits a crime against Victim B, the law transfers the intent from Victim A over to Victim B.
19
Q
What is vicarious liability in criminal law?
A
It holds a person or entity liable for an actus reus committed by someone else.
A corporation can be liable for the actions of its high-level employees or the Board of Directors.
20
Q
What is merger in criminal law?
A
A defendant can be convicted of more than one crime arising out of the same act, but htey cannot be convicted of two crimes when those crimes merge into one.
21
Q
What are the two categories of merger?
A
- lesser included offenses - an offense in whcih each of its elements appears in another offense, but the other offense has something additional.
- the merger of an inchoate crime and a complete offense. (attempt, solicitation BUT NOT conspiracy).
22
Q
What is the rule with children being principals to a crime?
A
A child less than seven is never liable for a crime.
A child age 7 to 13 is presumed incapable of committing a crime.
23
Q
What is a principal?
A
A defendant whose acts or ommissions form the actus reus of hte cimre. There can be more than one principal to a particular crime.
24
Q
What is the theory of an accomplice?
A
Another theory for holding people other than the principal responsible for the crime committed by the principal. They have the same degree of culpability.
25
Who is an accomplice?
A person who assists the principal either before or during hte commission of the crime and acts with the intent of assisting the principal to commit the crime.
26
What are accomplices liable for?
Both the planned crime and any other foreseeable crimes that occur in the course of the criminal act.
27
Can an accomplice be criminally liable even if he or she cannot be a principal or if the prinicpal cannot be convicted?
Yees, with the exception that a person protected by a statute cannot be an accomplice in violating the statute.
28
What is an accessory after the fact?
A person who assist the defendant after the crime has been committed.
29
What is an accessory after the fact guilty of?
They are not guilty of the underlying crime, but are guilty of a separate crime. (e.g. obstruction of justice or harboring a fugitive).
30
What is an aider/ abbettor of a conspiracy?
An individual who aids or abets a defendant in committing a crime (an accomplice) may also be guilty of the separate crime of conspiracy if there was an agreement to commit the crime and an overt act was taken in furtherance of that agreement.
31
What is the majority and MPC approach tot he mental states of accomplices?
The accomplice must act with the purpose of promoting or facilitating the commission of the offense; the accomplice must intend that their acts will assist or encourage the criminal conduct.
32
What is the minority approach to the mental states of accomplices?
The accomplice is liable if they intentionally or knowingly aid or cause another perosn to commit an offense.
33
What is the criminal facilitation approach to the mental state of accomplices?
Under the majorityrule, a person who is not guilty of a substantive crime (because he did not act with intent) may nevertheless be guilty of the lesser offense of criminal facilitaiton for simply assisting.
34
What are the three defenses to negate mens rea?
1. mistake
2. insanity
3. intoxicationW
35
What are the exceptions for a mistake of law being a valid defense against mens rea.
1. Reliance on high-level government interpretations (NOT lawyer's advice)
2. lack of notice
mistake of law that goes to an element of specific intent (only applies to "FIAT" crimes or specific intent)
36
When is mistake of fact a defense to negate mens rea?
1. Strict Liabiltiy: NEVER for strict liability
2. General Intent Crimes: only if the mistake is reasonable and goes to the criminal intnet
3. Specific Intent Crimes: a defense whether the mistake is reasonable or unreasonable, the only question is whether the defendant held the mistaken belief.
37
What are the four tests for insanity?
1. M'Naghten
2. Irresistible Impulse
3. Durham Rule
4. Model Penal Code
38
What is the M'Naghten test for insanity?
The defendant either did not know the nature of the act or did not know that the act was wrong because of a mental disease or defect.
39
What is the irresistible impulse test for an insanity defense?
The defendant has a mental disease or defect that prevents the defendant from controlling himself.
40
What is Durham Rule for an insanity defense?
The defendant would not have committed the crime but for his having a mental disease or defect. (Rarely used because it is so defendant-friendly)
41
What is the MPC test for an insanity defense?
Due to a mental disease or defect, the defendant did not have substantial capacity to appreciate the wrongfulness of his actions or to conform his conduct to the law.
42
What is the majority rule regarding burden of proof for an insanity defense?
The defendant has the burden of proving insanity by either preponderance of the evidence or clear and convincing evidence.
Some jurisdictions require the defendant to introduce evidence of insanity, and then the burden of persuasion shifts to the prosecution to prove beyond a reasonable doubt.
43
What types of substances are covered in an intoxication defense?
drugs, alcohol, and medications.
44
What is involuntary ubtoxication?
Involuntary intoxication occurs when a person
(i) doesn't realize that she received an intoxicating substance, or
(ii) is coerced into ingesting a substance, or
(iii) has an unexpected or unanticipated reaction to prescription medication.
45
When is involuntary intoxication a valid defense to negate mens rea?
Involuntary intoxication can be a valid defense to general intent, specific intent and malice crimes when it negates the mens rea necessary for the crime.
46
What is voluntary intoxication?
Voluntary intoxication occurs when a person intentionally ingests the substance, knowing it is an intoxication.
47
When is voluntary intoxication a defense under common law?
Involuntary intoxication is only a defense to specific-intent crimes (FIAT) and only if it prevented the defendant from forming the mens rea.
It is NOT a valid defense if the defendant got drunk in order to commit the crime.
48
When is voluntary intoxication a valid defense under the MPC?
Under the MPC, voluntary intoxication is only a defense to crimes for which a material element requires purpose or knowledge, and the intoxication prevents the formation of that mental state
49
What are the common law elements for conspiracy?
1. An agreement (can be explicit or implict)
2. between two or more people
3. to commit an unlawful act (can be lawful or unlawful, so long as it furthers the conspiracy
50
What are the modern law elements of conspiracy?
Federal law, the MPC, and a majority of states require:
1. an agreement,
2. between two people
3. to commit an unlaw act
4. and the performance of an overt act in furtherance of the conpsiracy
51
Who must agree to the conspiracy under common law?
At least two people.
52
Who must agree to a conspiracy under the MPC?
Under the MPC and in most states, only the defendant msut actually agree to commit the unlawful act..
53
What is the scope of a conspiracy under common law?
Each co-conspirator can be convicted of both:
1. conspiracy and
2. all substantive crimes committed by any other conspirator acting in furtherance of the conspiracy
54
What is a chain conspiracy?
Co-conspirators are engaged in an enterprise consisting of many steps. Each participant i sliable for the substantive crimes of his co-conspirator.
55
What is a spoke-hub conspiracy?
A spoke-hub conspiracy involves many people dealing with a central hub. Participants are not liable for the substantive crimes of their co-conspirator because each spoke is treated as a separate agreement rather than one larger general agreement.
56
How can you withdraw from a conspiracy under common law?
It is impossible to withdraw, because the crime is committed the moment the agreement is made.
57
How can you withdraw from a conspiracy under federal law and the MPC?
Prior to the commision of an overt act: by communiticating their intention to withdraw to all other conspirators or by informing law enforcement
After an overt act - only by helping thwart the success of the conspiracy.
58
If a defendant cannot withdraw from a conspiracy, how can they limit their liability for substantive crimes?
By informing the other coconspirators of withdrawal or by timely advising authorities.
59
What are the requirements for attempt?
1. specific intent to commit a particular criminal act; and
2. substantial steps towards perpetrating the crime.
60
What are teh defenses to attempt?
Defenses for specific-intent crimes can be used as a defense to attempt. Certain defenses are available even if they wouldn't be available had the crime been committed.
61
What are the elements of soliciation?
Solicitation occurs when an individual intentionally invites, requests, or commands another person to commit a crime.
62
What is homicide?
The killing of a living human being by another human being.
63
What is the causation requirement for homicide?
There must be a causal relationship between the defendant's actions and the victim's death.
- Actual Causation: the victim would not have died "but for" the defendant's actions AND
- Proximate Causation: the defendant's act was a foreseeable cause of the victim's death (i.e. death is a nuatural and probable result of the conduct)
64
What are the three types of homicide?
1. First-Degree Murder
2. Common-Law Murder
4. Manslaughter
65
What is first degree murder?
A specific-intent crime. The deliberate and premeditated murder. OR A killing that resulds during the commision of an inherently dangerous felony.
66
What is common-law murder?
The unlawful killing of another human being committed with malice aforethought.
67
What are the four kinds of malice for a common law murder?
1. Intent to kill
2. intent to inflict serious bodily harm
3. abandoned or malignant heart or depraved heart
4. felony
68
What is intent to kill malice?
The defendant acted with the desire that the victim end up dead. It doesn't have to be premeditated.
69
What is intent to inflict serious bodily harm malice?
The defendant intended to hurt the victim badly and the victim died.
70
What is the abandoned or malignant hear or depraved heart malice?
The defendant acted with a cavalier disregard for human life and a death resulted.
- Majority and MPC - defendant must actually relaize there is a dnager
- Minority - a reasonable person would hav erecognized the dangger
71
What is felony malice?
A death that occurred during the comission or attempted commission of a dangerous felony.
- BARRK - burglarly, arson, robbery rape, and kidnapping
72
What is manslaughter?
All unlawfulkillings of another human being that are not first-degree murder or common law murder.
73
What is voluntary manslaughter?
When a defendant intends to kill the victim but his state of mind is less blameworthy than murder.
"heat of passion" or "under extreme emotional disturbance"
74
What are the elements of larceny?
1. taking and carrying away (even slight movement)
2. another's personal property
3. without his consent (treaspassory)
4. with the intent to deprive the person of the property permanently
75
What type of mens rea crime is larceny?
A specific intent crime (FIAT)
76
What is embezzlement?
A variation of alrceny where the defendant starts out having the victim's consent to have hte property but commits embezzlement by converting the property to his own use.
77
What is false pretenses?
A variation of larceny where the defendant obtains title to someone else's property through an act of deception.
78
What is the difference between larceny at common law and under the MPC and modern jurisdictions.
Under the MPC, and in many jurisdictions, crimes such as larceny, false pretenses, and embezzlement are treated as a single statutory crime of theft (which includes both tangible and intangible property).
79
What is robbery?
(Larceny + Assault)
1. taking
2. another person's property
3. wtihotu his consent
4. with intent to deprvie him of it permanently
5. the taking occurs from the victmi's person or in his presence
6. either by violence or by putting the victim in fear of imminent physical harm
80
What is extortion?
A variation of robbery that involves threats of future harm (including non-physical harm).
81
What is common law burglarly?
1. Breaking and (can including pushing or opening door, or obtaining entry by fraud or threat)
2. entering (involves the plane of a dwelling
3. the dwelling (now includes commercial buildings)
4. of antoher
5. at night
6. with the specific intent to commit a felony once inside
82
What are the modern law burglary requirements?
1. breaking and
2. entering
3. the property
4. of another
5. with the specific intent to commit a felony inside
83
What are teh elements of battery?
1. unlawful
2. application of force
3. to another person
4. that causes bodily harm OR an offensive touching (doesn't have to be defendant's physical body)
84
What mens rea type crime is battery?
general intent - voluntary intoxication and unreasonable mistake of fact arent' defenses
85
What are the two forms of assault?
1. attempted battery
2. fear of harm
86
What is attempted batther?
If a defendant has taken a substantial step toward completing a battery but fails, they'll be guilty of assault.
Specific intent crime vacuse it is an intent.
87
What is fear of harm assault?
intentionally placing another in fear of imminent bodily harm.
88
What type of mens rea crime is fear of harm?
General intent
89
What are the common-law rape requirements?
1. unlawful
2. sexual assault
3. with a female
4. against her will by force or threat of force
90
What are the modern rape statues?
- gender neutral
- require a lack of consent rather than a force requirement
91
What type of mens rea crime is rape?
A general intent crime.
92
What is statutory rape?
A regulatory morals offense that involves consensual sexual intercourse with a person under hte age of consent. It is a strict liability offense.
93
What are the other sex crimes at common law?
1. adultery
2. fornication
3. crimes against nature - beasiality
4. incest
5. bigamy
6. seduction
94
What are the elements of kidnapping?
1. unlawful
2. confinement of another person
3. against the person's will
4. either by moving or hiding the victim
95
What are the common law requirements of arson?
1. malicious
2. burning
3. of another person's
4. dwelling
96
What are the elements of purjury?
A wilful act of falsely promising to tellt he truth, either verbally or in writing, about material maters.
The three requiremetns are:
1. the person must know what they are saying false
2. the person must intend to say something that is false
3. the falsity must go to a material matter
97
What is subornation of perjury?
A person persuades someone else to commit perjury, such as paying someone to identify falsely .
98
What is bribery at common law?
Corrupt payment of soemthign of value for purposes of infuencing an official in the discharge of his official duty.
NOTE: offering and receibing a bribe are both felonies.
99
What is bribery at modern law?
Allows a brigery charge even if the person being charged is not a public official.
100
What are the two kinds of force involved in self defense?
1. Deadly force: inended or likely to cause death or serious injury (e.g. shooting someone)
2. Non-deadly force
101
When is a victim entitled to use non-deadly for?
At any time they reasonably fear imminent or unlawful hamr.
102
When is a victim entitled to use deadly force?
If they reasonably believe that deadly force will be used agaisnt them, or under the MPC< reasonably believe the crime will result in serious bodily injury.
103
What is the majority rule regarding retreat?
Retreat is not required even when entitled to use deadly force.
104
What is the minority rule around retreat?
You must retreat rather than using deadly force if it is safe to do so.
105
What is defense of others?
An individual has the same right to defend other individuals against a criminal that they have to defend themselves.
106
What force can be used in defense of property?
Only non-deadly force can be used to protect propery.
107
When can a defendant claim duress?
1. When they committed a crime only because they were threated by a third party. And
2. They reasonably believed that the only way to avoid deah or injury to themself or others was to commit a crime.
108
What crimes can a defendant claim duress for?
All crimes other than intentional murder.
109
When is the defense of necessity available?
When the crime was in response to natural forces. (i.e. the choice was the lesser of two evils).
