Criminal Law Flashcards
(128 cards)
1
Q
What are the general bases for a state to assert jurisdiction over a crime?
A
1) Act in state, 2) Result in state, 3) Duty under state law, 4) In-state act for out-of-state conspiracy, 5) Out-of-state act for in-state conspiracy
2
Q
Under modern law, when does merger of crimes apply?
A
Merger applies when a person is convicted of both solicitation or attempt and the completed crime; they merge except for conspiracy.
3
Q
Under the M.P.C., what is the rule regarding multiple inchoate offenses for the same crime?
A
A defendant cannot be convicted of more than one inchoate crime aimed at the same offense.
4
Q
Does conspiracy merge with the completed offense?
A
No, conspiracy does not merge; a defendant can be convicted of both conspiracy and the completed crime.
5
Q
What rule prevents multiple convictions for lesser included offenses in the same transaction?
A
Double jeopardy prohibits trial or conviction for a lesser included offense after conviction for the greater offense.
6
Q
What distinguishes a felony from a misdemeanor?
A
Felonies are punishable by death or imprisonment over one year; all others are misdemeanors.
7
Q
What are the essential elements of a crime?
A
Actus reus, mens rea, and concurrence; sometimes also result and causation.
8
Q
What are the requirements for omission to qualify as actus reus?
A
1) Legal duty, 2) Knowledge of duty, 3) Reasonable possibility to perform.
9
Q
What are the five sources of a legal duty to act?
A
1) Statute, 2) Contract, 3) Relationship, 4) Voluntary assumption, 5) Defendant-created peril.
10
Q
When is possession sufficient to constitute actus reus?
A
When the defendant has control long enough to terminate it, even constructively.
11
Q
Under possession statutes with a mental state, what must the defendant know?
A
The identity or nature of the item possessed.
12
Q
What crimes qualify as specific intent crimes?
A
Solicitation, conspiracy, attempt, 1st-degree murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery.
13
Q
What mental state defines malice crimes like common law murder and arson?
A
Reckless disregard of an obvious or high risk that harm will occur.
14
Q
How is general intent defined in criminal law?
A
Awareness of acting in a proscribed way and of required attendant circumstances.
15
Q
Why is mistake of fact not a defense to strict liability crimes?
A
Because strict liability offenses do not require awareness of all elements.
16
Q
What is the key distinction in M.P.C. between purposely, knowingly, and recklessly?
A
Purposely: conscious objective; Knowingly: awareness or high probability; Recklessly: conscious disregard of unjustifiable risk.
17
Q
What is the M.P.C. definition of criminal negligence?
A
Failure to perceive substantial, unjustifiable risk constituting gross deviation from standard of care.
18
Q
When can a corporation be held criminally liable?
A
When an agent acts within scope of employment or a high-level agent reflects corporate policy.
19
Q
What is transferred intent?
A
Liability transfers if intended harm occurs to a different victim.
20
Q
What is required for concurrence in criminal law?
A
The intent must exist at the time of the act and prompt the act.
21
Q
What two types of causation must be proven for result crimes?
A
Cause-in-fact and proximate cause.
22
Q
What are the four categories of parties to a crime under common law?
A
- Principal in the first degree, 2. Principal in the second degree, 3. Accessory before the fact, 4. Accessory after the fact.
23
Q
Who is a principal in the first degree under common law?
A
A person who actually engages in the act or omission that constitutes the offense or causes an innocent agent to do so.
24
Q
Who is considered a principal in the second degree at common law?
A
A person who aided, advised, or encouraged the principal and was present at the crime.
25
Who is an accessory before the fact under common law?
A person who assisted or encouraged the principal but was not present at the crime.
26
Who qualifies as an accessory after the fact under common law?
A person who, knowing a felony was committed, assisted the felon in escaping arrest or punishment.
27
How do modern statutes treat parties to a crime?
Most jurisdictions treat all parties as principals and abolish distinctions between degrees of principals or accessories before the fact.
28
Who is considered an accomplice under modern statutes?
One who aids, advises, or encourages the principal in committing the charged crime.
29
What mental state is required for accomplice liability?
1. Intent to assist the principal, and 2. Intent that the principal commit the crime.
30
What intent is required when a accomplice commit a crime of recklessness or negligence as the mens rea?
The accomplice must intend to facilitate the crime and act with the required recklessness or negligence.
31
Is mere knowledge that a crime will result enough for accomplice liability?
No, unless the seller has a stake in the venture such as selling at inflated prices or procuring illegal items.
32
For which crimes is an accomplice liable?
The crimes they counseled and any foreseeable crimes committed during the commission of the contemplated crime.
33
Are members of a protected class liable as accomplices under a statute?
No, they are excluded from accomplice liability.
34
Can a necessary party to a crime be an accomplice if not provided for in the statute?
No, they are excluded from liability as the statute must provide for their punishment.
35
What are the requirements for effective withdrawal from accomplice liability?
Repudiate encouragement, neutralize assistance, or notify authorities before the crime becomes unstoppable.
36
Is mere withdrawal from involvement enough to avoid accomplice liability?
No, additional action must be taken such as prevention or neutralization.
37
What are the elements of conspiracy?
1) Agreement between two or more persons; 2) Intent to enter the agreement; 3) Intent to achieve the objective.
38
What is required for the object of a conspiracy?
It must be criminal or a lawful object achieved by criminal means.
39
What is the overt act requirement for conspiracy?
Most states require an overt act, but even mere preparation suffices.
40
What is the unilateral approach to conspiracy?
Only one party must have genuine criminal intent.
41
What is the bilateral approach to conspiracy?
At least two guilty minds are required.
42
What does the Wharton Rule state?
No conspiracy unless more parties participate than are necessary to commit the substantive offense.
43
When does the Wharton Rule not apply?
When the agreement includes 'necessary parties not provided for' by the offense.
44
Can a person in a protected class be guilty of conspiracy to commit a crime against that class?
No.
45
What is the mental state required for conspiracy?
Specific intent: intent to agree and intent to achieve the objective.
46
When does a conspiracy terminate?
Upon completion of the wrongful objective.
47
When is a conspirator liable for co-conspirators' crimes?
If the crimes were in furtherance of the conspiracy and foreseeable.
48
Is factual impossibility a defense to conspiracy?
No.
49
When is withdrawal a defense to co-conspirators’ crimes?
Only if the conspirator notifies others in time and tries to neutralize any aid given.
50
Does conspiracy merge with the completed crime?
No, both can be punished.
51
What are the elements of solicitation?
Soliciting another to commit a crime with intent that they commit it.
52
What happens if the person solicited agrees to commit the crime?
It becomes conspiracy or attempt, and solicitation merges.
53
Is factual impossibility a defense to solicitation?
No.
54
Is renunciation a defense to solicitation?
Only under the MPC if the solicitor prevents the crime.
55
What are the elements of attempt?
1) Specific intent; 2) Overt act beyond mere preparation.
56
What is required for intent in attempted murder?
Specific intent to kill.
57
What is the proximity test for attempt?
The act must be dangerously close to completing the crime.
58
What is the MPC's substantial step test for attempt?
The act must strongly corroborate the actor’s criminal purpose.
59
Is abandonment a defense to attempt?
No at common law; yes under MPC if voluntary and complete.
60
Is legal impossibility a defense to attempt?
Yes.
61
Is factual impossibility a defense to attempt?
No.
62
Can a defendant charged with attempt be convicted of the completed crime?
No.
63
What are the four mental states that constitute malice aforethought under common law murder?
1) Intent to kill; 2) Intent to inflict great bodily injury; 3) Reckless indifference to human life; 4) Intent to commit a felony.
64
What inference does the intentional use of a deadly weapon permit in common law murder?
It authorizes a permissive inference of intent to kill.
65
What makes a murder first degree under the deliberate and premeditated theory?
The defendant decided to kill in a cool and dispassionate manner and actually reflected on the idea.
66
What are commonly enumerated felonies for first degree felony murder?
Burglary, arson, rape, robbery, and kidnapping.
67
When is the killing of a police officer considered first degree murder?
When the defendant knows the victim is a law enforcement officer acting in the line of duty.
68
What is second degree murder under statutes dividing murder into degrees?
It is any murder not classified as first degree, including depraved heart killings.
69
What is the rule for felony murder at common law?
Any death caused during the commission or attempt of a felony is murder.
70
Name one limitation on felony murder liability regarding the completion of the felony.
The felony must be distinct from the killing itself.
71
What theory of felony murder holds a felon liable for any death resulting from the felony, even if caused by someone else?
The proximate cause theory.
72
What theory of felony murder limits liability to deaths caused by a felon or their agent?
The agency theory.
73
What are the four elements required for adequate provocation in voluntary manslaughter?
1) Provocation would arouse intense passion in a reasonable person; 2) Defendant was provoked; 3) No time to cool off; 4) Defendant did not cool off.
74
What are the two circumstances that allow for imperfect self-defense manslaughter?
1) Defendant started the altercation; or 2) Unreasonable but honest belief in need for deadly force.
75
What are the two bases for involuntary manslaughter?
1) Criminal negligence or recklessness; 2) Killing during an unlawful act not qualifying as felony murder.
76
What distinguishes involuntary manslaughter from depraved heart murder?
Manslaughter involves a substantial risk of death, not a high risk.
77
What is the traditional Year and a Day Rule in homicide?
Victim must die within one year and one day of injury for homicide liability.
78
What are the elements of battery in criminal law?
Unlawful application of force to another resulting in bodily injury or offensive touching.
79
Is intent required to commit a battery?
No, battery need not be intentional.
80
What are three situations treated as aggravated battery under most jurisdictions?
1) Battery with a deadly weapon; 2) Battery causing serious bodily harm; 3) Battery of a child, woman, or police officer.
81
What are the two types of assault in criminal law?
1) Attempt to commit a battery; 2) Intentional creation of reasonable apprehension of imminent bodily harm.
82
When does conduct qualify only as battery and not assault?
When there has been actual touching of the victim.
83
What elevates a simple assault to aggravated assault?
Use of a deadly weapon or intent to rape, maim, or murder.
84
What are the elements of false imprisonment?
Unlawful confinement of a person without valid consent.
85
Under the MPC, what must confinement do to qualify as false imprisonment?
It must substantially interfere with the victim’s liberty.
86
What invalidates consent in a false imprisonment case?
Coercion, threats, deception, or incapacity.
87
What additional elements make confinement qualify as kidnapping?
Movement of the victim or concealment in a secret place.
88
What qualifies as aggravated kidnapping?
Kidnapping for ransom, to commit other crimes, for offensive purposes, or child stealing.
89
What constitutes the act of rape under modern statutes?
Any sexual penetration without effective consent.
90
What are the four situations where there is no effective consent for rape?
1) Actual force; 2) Threats of great and immediate bodily harm; 3) Victim is incapable of consent; 4) Fraudulent belief act is not intercourse.
91
What type of fraud renders consent ineffective for rape?
Fraud causing victim to believe the act is not intercourse.
92
Is mistake as to the victim's age a defense to statutory rape?
No, statutory rape is a strict liability crime.
93
What are the elements of common law larceny?
1. Taking, 2. Carrying away, 3. Of tangible personal property, 4. Of another with possession, 5. By trespass, 6. With intent to permanently deprive.
94
What constitutes transportation in larceny?
The slightest movement of the property is enough.
95
When is a taking not larceny due to possession?
If the defendant had possession of the property, not mere custody, it may be embezzlement instead.
96
What is the custody vs. possession distinction in larceny?
Possession involves broader authority; low-level employees usually have custody, not possession.
97
What is the 'breaking bulk' rule in larceny?
A bailee who opens a container loses possession, allowing for larceny if property is then taken.
98
What intent is required for larceny?
Intent to permanently deprive the owner at the time of taking.
99
What kinds of intent are sufficient for larceny?
Intent to create substantial risk of loss, or to sell or pledge the goods to the owner.
100
What kinds of intent are insufficient for larceny?
Belief that property is theirs, intent only to borrow, or to keep as debt repayment.
101
When can lost or mislaid property be subject to larceny?
When it is lost or mislaid, or delivered by mistake, but not when abandoned.
102
What is the 'continuing trespass' doctrine?
If the original taking was wrongful, later deciding to keep it makes it larceny.
103
What are the elements of embezzlement?
1. Fraudulent, 2. Conversion, 3. Of personal property, 4. Of another, 5. By one in lawful possession.
104
How does embezzlement differ from larceny?
Embezzlement involves lawful possession; larceny does not.
105
When is intent to restore a defense to embezzlement?
Only if defendant intends to restore the exact same property.
106
Is there embezzlement if conversion is based on a claim of right?
No, if defendant believes they have a right to the property.
107
What are the elements of false pretenses?
1. Obtaining title, 2. To personal property, 3. By intentional false statement of past or present fact, 4. With intent to defraud.
108
What misrepresentation is required for false pretenses?
A false representation that deceives the victim and causes them to pass title.
109
What is the difference between false pretenses and larceny by trick?
False pretenses involves obtaining title; larceny by trick involves only custody.
110
What are the elements of robbery?
1. Taking, 2. Of personal property, 3. From person or presence, 4. By force or threat of imminent harm, 5. With intent to permanently deprive.
111
What distinguishes robbery from larceny?
Robbery involves force or threats; larceny does not.
112
What is constructive breaking in burglary?
A breaking by fraud or threat.
113
When is arson complete despite minimal damage?
If there is charring, even if structure is not destroyed.
114
What are the three elements of the M'Naghten Rule for insanity?
1. Disease of the mind; 2. Defect of reason; 3. Inability to know wrongfulness or understand nature of act.
115
When is a defendant entitled to acquittal under the Irresistible Impulse Test?
If they were unable to control their actions or conform conduct to law due to mental illness.
116
What is the Durham Test for insanity?
The defendant is entitled to acquittal if the crime was the product of mental illness.
117
What are the two prongs of the Model Penal Code test for insanity?
Lack of substantial capacity to: 1. Appreciate criminality; or 2. Conform conduct to law.
118
What is the federal standard of proof for insanity?
Clear and convincing evidence.
119
Can a defendant refuse a psychiatric exam if they raise the insanity defense?
No, they cannot refuse if they raise the insanity defense.
120
What happens post-acquittal for a defendant found not guilty by reason of insanity?
They may be committed to a mental institution until cured.
121
What are the two prongs of competency to stand trial under due process?
1. Understand proceedings; 2. Assist in defense.
122
What is diminished capacity and when is it available?
A defense that due to mental defect, defendant lacked required mental state; often for specific intent crimes.
123
When is voluntary intoxication a defense?
Only to specific intent crimes if it negates intent or knowledge.
124
What are the three posibilities for involuntary intoxication?
1. No knowledge of nature; 2. Duress; or 3. Medical advice without knowing effects.
125
Can intoxication be used to support an insanity defense?
Yes, if prolonged use causes actual insanity.
126
What is the common law rule of criminal liability for children under age 7?
No liability for children under 7.
127
What are the three elements required to justify deadly force in self-defense?
1. Without fault; 2. Confronted with unlawful force; 3. Reasonably believes imminent death or harm.
128
When can an initial aggressor use deadly force in self-defense?
If they withdraw and communicate it, or if victim escalates to deadly force unexpectedly.
