Criminal Law Flashcards
(76 cards)
1
Q
Jurisdiction for Crimes
A
A state has jurisdiction over a crime IF:
- Any act constituting an element of the offense was committed in the state
OR - An out-of-state act caused a result in the state
2
Q
Material Elements of a Crime
A
- CONDUCT (actus reus): A voluntary act OR culpable omission
- MENTAL STATE (mens rea)
- CONCURRENCE PRINCIPLE: Prosecution MUST establish the mens rea and actus reus existed at the same time
- CAUSATION: (1) Cause in Fact & (2) Proximate Cause
3
Q
Voluntary Act
A
Willed bodily movement
Possession as an Act: Defendant MUST know:
i. They have possession AND
ii. They know the nature of the item (Majority)
Involuntary Act: Insufficient
i. Reflex or convulsion
ii. Behaviors while unconscious or asleep
4
Q
Culpable Omission
A
-
Defendant has a Legal Duty:
(1) Statutory Duty; (2) Status Relationship; (3) Contractual; (4) Voluntary Assumption of Care; OR (5) Defendant Created the Peril -
Defendant fails to perform that duty;
AND - Defendant was capable of performing duty
5
Q
Specific Intent
A
Additional mens rea requirement beyond that associated with the act
Defendant intended the result
6
Q
Specific Intent Crimes
A
FLAME COBRAS
Crimes Against People
* Murder (Premeditated ONLY)
* Assault
Crimes Against Property
* Larceny
* Embezzlement
* OPBFP
* Robbery
* Burglary
* Forgery
Inchoate Crimes
* Attempt
* Solicitation
* Conspiracy
7
Q
General Intent
A
Mens rea is associated with the act
Defendant intended to engage in OR was aware of engaging in the conduct
General Intent Crimes
* Battery
* Rape
* Kidnapping
8
Q
Strict Liability
A
Defendant’s mental state at the time of the crime’s commission is not required
9
Q
Cause in Fact
A
Defendant’s act is the antecedent but for which the result would not have occurred
Acceleration Theory: Causation exists if defendant’s actions accelerated the coming of the result
Substantial Factor Test: Causation exists if defendant was a concurrent operative cause AND acts with another cause to produce the result
10
Q
Proximate Cause
A
Results were reasonably foreseeable consequence of the defendant’s act
AND
An independent intervening cause did not break the causal chain
11
Q
Malice Murder (Common Law)
A
Unlawful killing of another human being with malice aforethought
12
Q
Malice Aforethought
A
- Intent to Kill
- Intent to Inflict Serious Bodily Injury
- Reckless Indifference to an Unjustifiably HIgh Risk to Human Life
- Intent to Commit a Felony
13
Q
First-Degree Murder
A
Unlawful killing of another human being that is willful, premeditated, AND deliberate
14
Q
Willful (Murder)
A
Defendant had an intent to kill
15
Q
Premeditated
A
Defendant considered the killing beforehand, planned it in advance, OR involved prior calculation and design
Demonstrates defendant considered HOW to kill
16
Q
Deliberate
A
Result of reflect or careful/conscious thought AND with a weighing of considerations
Demonstrates defendant considered WHETHER to kill
17
Q
Felony Murder
A
Unlawful killing of another human being while in the commission of a felony
- Defendant MUST have committed/attempted to commit the underlying felony
- Felony MUST be distinct from the killing
- Death MUST be a foreseeable result of the felony
a. Agency Approach (Majority): Defendant is ONLY liable for killings they OR their accomplice commit
b. Proximate Cause (Minority): Defendant is liable for any killing proximately caused by their felony commission - Death MUST precede defendant’s escape to a place of temporary safety
- Defendant NOT liable for death of a resisting co-felon
18
Q
Second-Degree Murder
A
Unlawful killing of another human being with malice
- Intent to Kill
- Intent to Cause Serious Bodily Injury
- Reckless Killings
19
Q
Voluntary Mansalughter
A
Unlawful killing of another human being without malice
Intentional killing BUT in a heat of passion resulting from adequate provocation
20
Q
Heat of Passion
A
- Defendant acted under the influence of intense emotion (Objective)
- Requires there be no reasonable opportunity for passion to cool (Subjective)
21
Q
Adequate Provocation
A
- Something capable of inflaming the passion of a reasonable person AND causing them to act out of passion rather than reason (Objective)
- Requires a causal connection between the provocation and the killing (Subjective)
22
Q
Adequate Provocation
(Examples)
A
- Extreme assault on the defendant
- Mutual combat
- Illegal arrest of the defendant
- Injury or serious abuse of close relative/friend
- Sudden discovery of spousal adultery
23
Q
Involuntary Manslaughter
A
- Negligent Killing
- Misdemeanor Manslaughter
24
Q
Murder (MPC)
A
Causes the death of another human being EITHER:
1. Purposely (Conscious object to cause death) OR
- Knowingly (Aware death is practically certain)
25
Battery
Unlawful **application of physical force** with a criminal mental state, resulting in **bodily injury** **OR** **offensive touching**
26
Assault
**EITHER** an **attempted battery** **OR** intentionally **placing the victim in a reasonable apprehension of bodily harm**
27
Kidnapping
Unlawful **confinement** of a person without consent for a **specific unlawful purpose**, involving **EITHER**:
1. **Asportation** of the victim **OR**
2. **Concealment** of the victim in a secret location
28
Confinement
Imprisonment within a **bounded area**
**Restricts** or interferes with the victim's **freedom of movement**
29
False Imprisonment
Unlawful and **intentional** **confinement** of another **without consent**
30
Rape
Forced sexual intercourse without consent
31
Without Consent
Victim’s **affirmative demonstration of non-agreement**
**OR**
When victim’s **compliance** is:
* Accomplished by **force, threat, or fraud**
* Obtained when victim is **too young** to give legal consent
**OR**
* Obtained when victim **lacks capacity** to consent
32
Larceny
**Trespassory taking AND carrying away** of the **personal property of another** with the **intent to permanently deprive** the other person of their interest in that property
33
Trespassory
Act **violative of another’s legal interest** because it’s **without consent or legal authorization**
34
Asportation
**Bare removal** from the place where the item is found
Requires some movement of the property **BUT NOT** necessarily the successful removal of the item from the building or location
35
Continuing Trespass Rule
**IF** the **initial taking was wrongful** (unpermitted borrowing) **AND** they later decide to keep it, they have the requisite intent
**IF** the **initial taking was NOT wrongful** (taking by mistake) **AND** they later decide to keep it, they **DO NOT** have the **requisite intent**
36
Embezzlement
**Fraudulent conversion** of the **personal property of another** by **one who is in lawful possession**
37
Obtaining Property By False Pretenses
**Obtaining title** to the **property of another** with **intent to defraud** by means of a **false representation**
38
Robbery
**Larceny from another** person or presence of another **by force**/threat of force
39
Extortion
Obtaining property from another person **by threats to do future harm** **OR** to **expose information**
40
Forgery
**Making or altering** of a **false writing with apparent legal significance** with **intent to defraud**
41
Uttery
**Offering as genuine** a **false writing with apparent legal significance** with **intent to defraud**
42
Arson
**Malicious burning** of the **dwelling of another**
43
Burning
**Charring**
**NOT** Scorching
**NOT** Smoke Damage
44
Dwelling
**Place of human habitation**, including curtilage
**NOT** commercial building
45
Burglary
**Breaking** and **entering** the **dwelling of another** in the **nighttime** with **intent to commit a felony** therein
46
Breaking
**Actual**: Applying **physical force**, however slight, to **achieve entry**
**Constructive**: Using **fraud** or **duress** to obtain entry
47
Entering
Any portion of **defendant's person** or **instrumenatlity** **passes the threshold**
48
Inchoate Crimes
1. Attempt
2. Conspiracy
3. Solicitation
49
Attempt
Defendant has a **specific intent to commit the target crime** **AND** performs a **sufficient act** toward the commission of the crime
50
Sufficient Act
(Attempt)
**Substantial Step Test** (*Majority/MPC*): Examines whether the defendant acted **beyond mere preparation** to complete in the crime
**Dangerous Proximity Test** (*Common Law*): Examines whether the defendant was so near to accomplishing the target crime that the **danger of success was very high**
51
Attempt
(Defenses)
**Legal Impossibility**: Recognized
**Factual Impossibility**: **NOT** Recognized
**Abandonment**: **MUST** be voluntary **AND** complete
* *Common Law*: **NOT** Recognized
* *Majority/MPC*: Recognized
52
Merger Doctrine
(Inchoate Crimes)
1. **Conspiracy**: **DOES NOT** merge with completed offense
2. **Attempt**: **DOES** merge with completed offense
3. **Solicitation**: **DOES** merge with completed offense
53
Conspiracy
1. **Agreement to Commit a Crime**
2. **Intent to Enter into an Agreement**
3. **Intent to Achieve Object of Conspiracy**: Specific intent that the target crime which is the goal of the agreement be accomplished
4. **Overt Act Committed by Any Conspirator** (*Majority*): Mere preparation sufficient
54
Intent to Enter into an Agreement
(Conspiracy)
**Bilateral** (*Common Law/Minority*): Requires **two sincere parties** to the criminal agreement
* **Wharton Rule**: If the elements of a target crime necessarily require participation by two persons, there cannot be a criminal conspiracy **UNLESS** at least three people are involved
**Unilateral** (*Majority/MPC*): A single individual can create an agreement **EVEN IF** there is no true agreement from the other party
55
Conspiracy Liability
Conspirators are liable for crimes committed by co-conspirators **IF** the crimes are **foreseeable** **AND** **committed in furtherance** of the conspiracy
56
Conspiracy
(Defenses)
**Withdrawal**: Extinguishes liability for crimes committed after withdrawal **NOT** for the conspiracy itself
* **MUST** provide notice to all coconspirators
* **MUST** attempt to neutralize any assistance given
**Factual Impossibility**: **NOT** Recognized
57
Solicitation
**Solicitation of Another to Commit a Crime**:
* **Asking, Inciting, Counseling, Advising, Urging, or Commanding**
a. *Majority*: Requires that the communication be completed
b. *Minority/MPC*: Failed communication is sufficient
* **Unilateral Approach**: Does not require the other person to agree to commit the target crime
**Intent for Other Party to Commit the Crime**
58
Renunciation
Defense to Solicitation
***MPC***: Recognized
* Requires defendant to **prevent the commission** of the crime **AND** demonstrate a **complete and voluntary renunciation**
***Majority***: NOT Recognized
59
Accomplice Liability
(Elements)
1. Principal Committed the Crime
2. Defendant Committed an Act to Assist/Support to the Principal
3. Intent to Assist Principal in Commission of Crime
4. Intent for Principal to Commit the Offense
60
Accomplice Liability
(Scope)
Accomplices are liable for any crimes committed by the principal **IF** they are **probable OR foreseeable**
**Withdrawal**: An accomplice can extinguish liability **IF**:
* Withdrawal comes before the crime becomes unstoppable
* **IF Encouraged**: Complete Repudiation
* **IF Aided/Assisted**: Attempt to Neutralize Assistance
61
Accomplices
(Common Law Distinctions)
1. **Principal in First Degree**: One performing the actus reus
2. **Principal in the Second Degree**: One aiding, advising, or encouraging the principal **AND** is actually or constructively present at the crime
3. **Accessory Before the Fact**: One providing assistance beforehand **BUT NOT** present at time of crime
4. **Accessory After the Fact**: One providing assistance afterwards knowing principal committed a crime
62
Tests for Insanity
1. **ALI / MPC Test** (*MPC/Majority*)
2. **M'Naghten Rule** (*Minority*)
3. **Irresistible Impulse Test** (*Minority*): Because of defendant's mental illness, they were unable to control their actions OR conform their conduct to the law
4. **Durham (New Hampshire) Test** (*Minority*): Crime was the product of defendant's mental illness
63
ALI / MPC Test
(Insanity)
Defendant has a **mental illness** causing them to **lack the substantial capacity** to **EITHER**:
* Appreciate the criminality of their conduct
**OR**
* Conform their conduct to the law
64
M'Naghten Rule
(Insanity)
Defendant's mental illness
* Affects their mind;
* Caused a defect in reason;
**AND**
* Caused defendant to lack the ability to **EITHER**: (1) know the wrongness of their actions; **OR** (2) understand the nature and quality of their actions
65
Voluntary Intoxication
Defendant knowingly **AND** voluntarily took an intoxicating substance
* **Specific Intent Crimes**: Valid Defense **IF** **intent formed during intoxication**
* **General Intent / Strict Liability / Malice Crimes**: NO Defense
66
Involuntary Intoxication
Provides a valid defense against any crime **IF** the defendant took an intoxicating substance:
* Without knowledge of its nature
* Under duress
**OR**
* Pursuant to medical advice unaware of the intoxicating effects
67
Non-Deadly Self-Defense
* Defendant **actually and reasonably believes** they are in **imminent danger** of **unlawful bodily harm**
* Defendant **actually and reasonable believes** non-deadly **force is necessary**
**AND**
* Defendant is **NOT** the **initial aggressor**
68
Deadly Self-Defense
* Defendant **actually and reasonably believes** they are in **imminent danger** of **unlawful death OR serious bodily injury**
* Defendant **actually and reasonably believes** deadly **force is necessary**
* Defendant is **NOT** the **initial aggressor**
**AND**
* Defendant is under **no duty to retreat**
69
Initial Aggressor
**IF** the defendant is the initial aggressor, **THEN** the privilege to act in self-defense is lost and is not restored **UNLESS**:
* Defendant **attempts** in **good faith** to **withdraw**
**AND**
* Defendant **communicates** their intent to **withdraw** to adversary
70
Duty to Retreat
***Majority***: NO duty to retreat
***Minority***: Defendant **MUST** retreat **UNLESS**:
* Attack occurs in their own home
* Defendant is making a lawful arrest
**OR**
* Defendant is being robbed
71
Imperfect Self-Defense
Murder **MAY** be reduced to manslaughter **EVEN IF**:
* Defendant was the **initial aggressor**
**OR**
* Defendant **unreasonably BUT honestly believed deadly self-defense was necessary**
72
Defense of Others
Defendant **MUST** actually and reasonably believe the victim has a legal right to use force in their own defense
73
Defense of Dwelling
**Deadly Force**: Defendant may use deadly force to defend their dwelling **IF**:
1. **Preventing a violent, unlawful entry** by an intruder
**AND**
1. **Actually and reasonably believes force is necessary** to prevent **EITHER**:
* **Harm** to someone inside the dwelling
**OR**
* **Commission of a felon**y in the dwelling
**Non-Deadly Force**: Defendant may use non-deadly force to defend their dwelling **IF** they **actually and reasonably believe** force is necessary to **protect** the dwelling from **unlawful attack OR unlawful entry**
74
Defense of Personal Property
**Deadly Force**: NO Defense
**Non-Deadly Force**: Defendant may use non-deadly force to defend their personal property **IF**:
* Defendant **actually and reasonably believes** there is an **imminent** threat of another’s **unprivileged interference** with defendant’s property
**AND**
* A **request to desist would not suffice**
75
Duress
Defendant **actually and reasonably believes** commission of the crime is **necessary** to **prevent death OR serious bodily injury to the defendant OR another**
* **Intentional Homicide**: NO Defense
* **Any Other Crime**: Valid Defense
76
Mistake
**Mistake of Fact**:
* **Specific Intent Crimes**: MAY NOT be reasonable
* **General Intent Crimes**: MUST be reasonable
* **Strict Liability Crimes**: NO Defense
**Mistake of Law**: NO Defense
