Criminal Law Flashcards
(93 cards)
1
Q
Elements
Battery
A
- Unlawful application of force to another
- Resulting in bodily harm or offensive touching
2
Q
Elements
Assault
A
- Attempt to commit a battery, or
- Intentionally creating a reasonable apprehension of imminent bodily harm in the victim by something other than mere words
3
Q
Elements
False imprisonment
A
- Unlawful confinement
- Of a person
- Without that person’s valid consent
- Confinement substantially interferes with victim’s liberty (MPC element only)
4
Q
Elements
Kidnapping
A
- Unlawful confinement
- Of a person
- Involving movement of victim or concealment of victim in secret place
5
Q
Elements
Conspiracy
A
- Agreement between at least two people
- Intent to enter into a criminal agreement
- Intent to achieve unlawful objective
6
Q
Elements
Attempt
A
- Overt act
- Done with intent to commit the crime
- That falls short of completing the crime
7
Q
Elements
Solicitation
A
- Asking, inciting, counseling, advising, urging, or commanding another
- To commit a crime
- With intent for that person to commit the crime
8
Q
Elements
Murder
A
Unlawful killing of a human
With malice aforethought
9
Q
Elements
Voluntary manslaughter
A
- Killing
- That would be murder
- But for existence of adequate provocation
10
Q
Elements
Involuntary manslaughter
A
- Killing committed with criminal negligence or reckless indifference to a substantial risk to human life, or
- Killing committed during a misdemeanor or felony that does not qualify for felony murder
11
Q
Elements
Arson
A
- Malicious
- Burning
- Of dwelling of another
12
Q
Elements
Robbery
A
- Taking
- Of another’s personal property
- From person or presence
- By force or threats of immediate death or physical injury
- Of the person, their family member, or someone in their presence
- With intent to permanently deprive them of it
13
Q
Elements
Burglary
A
- Breaking and entry
- Of another’s dwelling
- At night
- With intent to commit a felony in the structure
14
Q
Elements
Larceny
A
- Taking and
- Carrying away
- Of the tangible person of another
- By trespass
- With intent to permanently deprive the purpose of their interest in the property
15
Q
Elements
Embezzlement
A
- Fraudulent conversion
- Of another’s personal property
16
Q
Elements
False pretenses
A
- Obtaining title
- To another’s personal property
- By intentional false statement
17
Q
Elements
Extortion
A
- Knowingly
- Seek to obtain
- Property or services
- By means of future threat
18
Q
Elements
Forgery
A
- Making or altering
- A writing
- With intent to defraud
19
Q
What are the specific intent crimes?
A
- Conspiracy
- Attempt
- Solicitation
- First-degree murder
- Assault
- Larceny
- Embezzlement
- False pretenses
- Robbery
- Burglary
- Forgery
20
Q
What are the malice crimes?
A
- Second-degree murder
- Arson
21
Q
What are the general intent crimes?
A
Catchall category, including:
* Battery
* Kidnapping
* Involuntary manslaughter
* False imprisonment
22
Q
Actus reus
A
Bodily movement
Act must be voluntary, not:
* Reflexive
* Convulsive
* Unconscious
* Not of own volition
23
Q
When is there a duty to act?
A
- Statute (e.g. failure to file taxes)
- Contract while on duty (e.g. nurse or lifeguard)
- Relationship (e.g. parent-child, spouses)
- Voluntary assuming care (e.g. rescue)
- Conduct created peril
24
Q
What are the common law mental states?
A
- Specific intent
- General intent
- Malice
- Strict liability
25
# Mens rea
Specific intent
Acted with specific intent or objective
Defenses exclusive to specific intent:
* Voluntary intoxication
* Unreasonable mistake of fact
26
# Mens rea
Malice
Reckless disregard of an obvious or high risk that the particular harmful result will occur
27
# Mens rea
General intent
* Catchall category
* Acted with general awareness that the act is illegal
* Inferred from D merely doing the act
28
# Mens rea
Strict liability
D can be found guilty merely because they committed the act
No awareness needed
Features:
* Usually regulatory, administrative, and morality based
* No adverbs or mens rea requirement in language of statute
* Generally carry low penalties
29
What are the MPC mental states?
1. Purposely
2. Knowingly
3. Recklessly
4. Negligently
30
# Mens rea
Purposely
Conscious object is to engage in certain conduct or cause a certain result
31
# Mens rea
Knowingly
* Aware that conduct will very likely cause the result
* Can act knowingly with respect to nature or result of conduct
32
# Mens rea
Knowingly: nature of conduct
* Aware conduct is of a particular nature or that certain circumstances exist, or
* Aware that there is a high probability that circumstances exist and they deliberately avoid learning the truth
33
# Mens rea
Knowingly: result of conduct
Know conduct will necessarily, or very likely, cause a particular result
34
# Mens rea
Recklessly
Consciously disregards substantial and unjustifiable risk
35
# Mens rea
Negligently
Fail to be aware of a substantial and unjustifiable risk and lack of awareness is a substantial deviation of standard of care
36
# Mens rea
Transferred intent
* D intended to harm a different victim or object
* Applies to homicide, battery, and arson
* D may be charged with actual crime against actual victim and attempted crime of intended victim
37
# More information
Conspiracy
* Agreement need not be express, may be inferred from conduct
* Does not merge into substantive offense
* Majority rule: overt act required, but mere preparation sufficient
* Common law: agreement alone is sufficient
38
# Conspiracy
1. Bilateral approach
2. MPC approach
1. At least two parties must have criminal intent, so if other conspirator is found not guilty, D is also not guilty
2. Only one party needs to have criminal intent, so if other conspirator is found not guilty, D may be guilty
39
What are not defenses to conspiracy?
* Factually impossible to commit the intended substantive crime
* Cannot withdraw to avoid conspiracy liability, but may withdraw to avoid liability for substantive crimes
40
What must be done to withdraw from a conspiracy?
Perform an affirmative act that notifies all co-conspirators and give enough time for other conspirators to abandon their plans
41
# More information
Attempt
* Requires overt act that goes beyond mere preparation
* Merges into substantive offense
42
# Attempt
Abandonment
* Majority rule: once substantial step taken, abandonment is not a defense
* MPC rule: abandonment is a defense if fully voluntary and a complete renunciation of criminal purpose
43
# Attempt
Impossibility
* Legal impossibility is defense
* Factual impossibility is not defense
44
Does solicitation merge?
* Guilty of solicitation if solicited person does not agree
* Merges with conspiracy if solicited person agrees
45
What are not defenses to solicitation?
* Withdrawal
* Factual impossibility
46
First-degree murder
1. Premeditated killing with intent or knowledge that conduct would cause death
2. Felony murder
3. Killing of law enforcement officer when D knew the victim was an officer and the officer was acting in the line of duty
47
Felony murder
* Killing committed during a felony, even if accidental
* Qualifying felonies: burglary, arson, robbery, rape, kidnapping
* Includes deaths resulting from a fleeing from a felony
48
Defenses to felony murder
* If D has defense to underlying felony, also has defense to felony murder
* Death must be foreseeable
* Does not include death caused after D reaches a point of temporary safety
* Does not include death of co-felon caused by resistance of victim or police
49
Second-degree murder
* "Depraved heart killing"
* Killing with reckless indifference to an unjustifiably high risk to human life
50
Voluntary manslaughter
* Killing in the heat of passion resulting from an adequate provocation by victim
* Imperfect self-defense
51
# Voluntary manslaughter
Elements of killing in heat of passion
1. Provocation must arouse sudden and intense passion in mind of ordinary person, causing them to lose self-control
2. D was actually provoked
3. Reasonable person would not have had time to cool off between provocation and killing
4. D did not actually cool off between provocation and killing
52
# Voluntary manslaughter
Imperfect self-defense
Murder reduced to voluntary manslaughter when D has honest but unreasonable belief that life was in imminent danger
53
Involuntary manslaughter
* Killing committed with criminal negligence, or
* Killing committed during commission of misdemeanor or felony that does not qualify for felony murder
54
# More information
Battery
Direct contact not necessary
* Examples: setting a dog on someone, poisoning them, spitting on them, throwing something at them
Aggravated battery when:
* Use deadly weapon,
* Results in serious bodily harm, or
* Victim is a woman, child, or police officer
55
# More information
Assault
If there is an actual touching, merges with battery
Mere words are not sufficient
Aggravated assault when:
* Use deadly or dangerous weapon, or
* Intent to rape, maim, or murder
56
# More information
False imprisonment
* May be done through actual force, threats, or show of force
* No false imprisonment if alternative reasonable route available
57
When does kidnapping become aggravated kidnapping?
* Ransom demand
* Victim is a child
58
# Arson
"Malicious"
Committed intentionally or with reckless disregard of an obvious risk the structure would burn
59
# Arson
"Burning"
* Damage to structure caused by fire
* Satisfied by "charring" (damage to combustible material)
* Not satisfied by "scorching" (blackened by smoke or discolored by heat)
60
# Arson
"Dwelling"
* Structure regularly used for sleeping purposes occupied by someone other than D
* MPC arson encompasses basically all buildings, including D's own home
61
# Burglary
"Breaking"
* May be actual or constructive
* Even slight push is sufficient for actual breaking, but crawling through open window is not
* Constructive breaking: breaking by fraud or threat
62
# Burglary
"Entry"
Placing any part of body or instrument used to commit crime inside structure
63
# More information
Burglary
* Must form intent to commit felony at the time of entering
* Does not include just stealing property, any felony is sufficient
64
# More information
Larceny
* Even slight movement is sufficient
* Theory of continuing trespass: larceny includes when D did not mean to permanently deprive when they took it, but later decides to keep it
* No larceny if D believed they had right to the property
65
# More information
Robbery
* Force must be sufficient to overcome victim's resistance
* If threat of force, must be threat of immediate harm
* Simulated deadly weapon is sufficient for armed robbery
66
# More information
Embezzlement
* Lawful possession followed by illegal conversion
* Usually involves trustee
* Embezzler does not need to obtain benefit
67
# More information
False pretenses
* Includes false statements of present or past facts, but not false promises to do something in future
* If only obtain possession and not title to property, crime is larceny by property
68
# More information
Extortion
Threat must be of future harm, not imminent harm
69
# More information
Forgery
Includes any writing with apparent legal significance
70
What are the defenses that negate criminal capacity
D entitled to acquittable if can prove by a preponderance of the evidence:
* Insanity
* Intoxication
* Infancy
71
# Defense
Insanity tests
* M'Naghten rule: disease of the mind caused defect of reason so D lacked ability to know the wrongfulness of actions or nature and quality of actions
* Irresistable impulse: mental illness causes D to be unable to control actions or conform conduct to law
* MPC: D had mental disease or defect that meant they lacked substantial capacity to appreciate criminality of conduct or conform conduct to law
* Durham test: crime was product of mental illness
72
# Defense
Voluntary intoxication
* Intentionally taking substance known to be intoxicating
* Defense to specific crimes only
73
# Defense
Involuntary intoxication
* Taking intoxicated substance without knowledge of its nature, under direct duress of another person, or pursuant to medical advice while being unaware of intoxicating effect
* Defense to all crimes
74
# Defense
Infancy
Under common law:
* No criminal liability for under 7s
* Rebuttable presumption that child unable to wrongfulness of actions for 7-14 yos
* 14+ treated like adult
Children can be found deliquent and subject to juvenile court proceedings
75
What are the exculpatory defenses?
* Self-defense
* Defense of others
* Defense of property
* Duress
* Necessity
* Entrapment
76
# Defense
Self-defense
* D forced to use force to protect themselves from danger
* Initial aggressor cannot claim self-defense unless withdraw and communicate withdrawal
* Mere words by initial aggressor not sufficient
77
# Defense
Self-defense with non-deadly force
Permitted if reasonably believed that force was about to be used on them
78
# Defense
Self-defense with deadly force
Permitted if reasonably believed that deadly force was about to be used against them
Minority rule: D required to retreat if safe to unless at home, victim of robbery, or police officer making lawful arrest
79
# Defense
Defense of others
* Person has right to defend others if they reasonably believe that the person assisted has a right to use force in self-defense
* No special relationship required
* Minority rule: requires familial relationship
80
# Defense
Defense of property: non-deadly force
May be used to protect property
81
# Defense
Defense of property: deadly force
Never permitted unless:
* D is lawfully present at home and uses to prevent a violent entry, and
* D reasonably believes deadly force is necessary to prevent an attack against someone in the house or the entry of someone who intends to commit a felony
82
# Defense
Duress
* Person acts under threat of imminent infliction of death or great bodily harm and that belief is reasonable
* Threats to harm a third person are sufficient
* Does not apply to homicide
83
# Defense
Necessity
D reasonably believes conduct is necessary to avoid a greater societal harm
84
# Defense
Entrapment
Criminal design originated with law enforcement and D not predisposed to commit the crime
85
# Defense
Mistake of fact
Only defense when mistake negates intention
* General intent crime: mistake must be reasonable
* Specific intent crime: mistake need not be reasonable
Never defense for strict liability crime
86
# Defense
Mistake of law
Generally not a defense
87
Common law accomplice liability crimes
* Principal in first degree: engaged in the act or omission, or caused an innocent agent to do so
* Principal in the second degree: aided, advised, or encouraged the principal and were present at the crime
* Accessory before the fact: assisted or encouraged but were not present for the offense
* Accessory after the fact: assisted principals after the crime knowing they committed a crime
88
Modern trend accomplice liability
All parties to the crime can be found guilty of the principal offense
89
# Modern trend accomplice liability
Principal
* Actually engages in the act or omission that causes the criminal result
* Guilty of principal crime
90
# Modern trend accomplice liability
Accomplice
Aids, advises, or encourages the principal in the commission of the crime, whether present during the crime or not
91
# Modern trend accomplice liability
When is an accomplice guilty of the substantive crime?
* If intend to assist the principal in the commission of a crime and principal commits the substantive offense
* Also responsible for any other probable or foreseeable crimes committed in the course of the contemplated crime
92
# Modern trend accomplice liability
How can an accomplice withdraw?
Requirements:
* Repudiate encouragement,
* Attempt to neutralize assistance, and/or
* Contact police or take another act to prevent crime
93
# Modern trend accomplice liability
Accessory after the fact
* Receives, comforts, or assists another, knowing they committed a felony
* Not guilty of principal crime
