Criminal Law Flashcards
(34 cards)
1
Q
Theft Crimes
A
- Larceny
- Embezzlement
- False Pretenses
- Larceny by Trick
- Robbery
- Receipt of Stolen Property
2
Q
Theft Crime - Larceny
A
- Trespassory (without consent)
- Taking
- And carrying away of
- Tangible personal property of another
- With intent to permanently deprive the other of his interest in the property.
3
Q
Theft Crime - Embezzlement
A
- Fraudulent conversion
- Of property of another
- By a person in lawful possession of that property
4
Q
Theft Crime - False Pretence & Larceny by Trick
A
- Obtaining (FP = Title; LBT = Possession)
- To the property of another
- By an intentional or knowing false statement of Past or Existing fact
- With the intent ot defraud the other.
5
Q
Theft Crime - Robbery
A
- Taking
- Of personal property of another
- From the other’s person or prsence
- By force or threat of force
- With the intent to permanently deprive the other of his interest in the property
6
Q
Theft Crime - Receipt of Stolen Property
A
- ∆ Receives possession and control of stolen property
- Knows it was stolen by another perosn or that supplier did not have right to property
- Intent to permanently deprive true owner of their property
7
Q
Crimes Against Habitation - Burglary
A
- Breaking and
- Entering
- Of the dwelling of another
- In the nighttime
- With the intent to commit a felony therein
8
Q
Crimes Against Habitation - Arson
A
- The malicious burning of the dwelling of another.
9
Q
Crimes Against the Person
A
- Criminal Assault
- Criminal Battery
- Mayhem
- Kidnapping
- Rape
- Homicide
10
Q
Crimes Against the Person - Criminal Assault
A
- The attempt to commit a battery OR
- Intentional creation, by other than mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm.
11
Q
Crimes Against the Person -** Criminal Battery**
A
- Unlawful application of direct or indirect force
- To the person of another
- Resulting in
- Bodily injury or an offensive touching
12
Q
Crimes Against the Person - Aggravated Battery
A
Victim = a child, woman, or police officer
13
Q
Crimes Against the Person - Mayhem
A
Dismemberment or disablement of body part
14
Q
Crimes Against the Person - Kidnapping
A
- The confinement of a person
- That also involves either:
- Movement of the victim or
- Concealement of the victim in a secret place
-
Aggravated kidnapping if purpose is:
- Ransom
- To commit other Crimes
- Offensive (sexual)
- Child stealing
15
Q
Crimes Against the Person - Rape
A
At comon law:
- The unlawful carnal knowledge
- Unlawful = without consent
- Consent ineffective if by:
- Force
- Threat
- Victim incapable of consent (drugs/alcohol/mental capacity/unconscious)
- Of a woman
- By a man who is not her husband.
*Modern statutes eliminate #3
16
Q
Crimes Against the Person - Statutory Rape
A
- Strict liability crime
- All that matters is age of victim, not whether ∆ knows victim’s age
17
Q
Homicide Analysis
A
- Analyze whether there is second-degree murder
- Conclude on Second Degree murder before moving to consideration of first degree murder.
-
Common law (second degree) Murder is the:
- Unlawful killing of a human being
- Without justification
- Causation implicit unless ∆ not the direct killer
- With malice aforethought
- Intent to kill;
- May be inferred from the killing
- Intent to inflict great bodily injury;
- Reckless indifference to the unjustiifable high risk to human life (abandoned and malignant heart;) OR
- Felony (killing committed in the course of the commission of a felony)
- Must be dangerous felony
- Felony in felony murder must be independent of killing
-
If co-felon is kileld by victim or police:
- Majority view = NOT felony-murder
- Minority view = felony-murder
- Intent to kill;
- Unlawful killing of a human being
18
Q
First or Second Degree Murder…
A
- All murder is second-degree murder UNLESS committed with premeditiation and deliberation.
- PREMEDITATION = act committed after a period of reflection (however brief)
- DELIBERATION = cool and dispassionate
- 1st Degree Felony-Murder =
- Highly dangerous
- On enumerated list:
- Burglary
- Arson
- Robbery
- Rape
- Kidnapping
- Train robbery
19
Q
Crimes Against the Person - Voluntary Manslaughter
A
- The intentional killing of a human being
- With adequate provocation
- Provocation would arouse sudden and intense passion in the mind of an ordinary person (obj.)
- ∆ is in fact provoked (Subj.)
- Insufficient time for passions of a reasonable person to cool (obj.) and
- ∆ in fact did not cool off (subj.)
20
Q
Crimes Against the Person - Involuntary Manslaughter
A
- Involves either:
- Criminal Negligence
- Greater deviation from the standard of care
- A killing caused by an unlawful act not a felony (misdemeanor)
- Criminal Negligence
21
Q
Attempt
A
-
Elements
- An intent to commit a specific crime, and
- An overt act in furtherance of that crime.
- Just iscuss the elements – not the underlying crime
- Attempt is a specific intent crime
- ∆ must nitend to commit the act – if no independent evidence of intent, infer from conduct.
- Factual impossibility is NOT a defense, but a legal impossibility is.
22
Q
Inchoate Crimes
A
- Solicitation
- Accomplice Liability
- Conspiracy
- Accessory after the fact
23
Q
Inchoate Crimes - Solicitation
A
- ∆ incites, cousnels, advises, induces, urges, or commands another person to commit a crime
- With the intent tha tthe crime be committed by that person.
24
Q
Inchoate Crimes - Accomplice Liability
A
- ∆ encourages or assists
- Another person who commits a crime
- With the intent to promote or facilitate the commission of the crime
- ∆ liable for all forseeable acts.
25
Inchoate Crimes - **Conspiracy**
1. An agreement between or among two or more persons to commit a crime
2. an intent to enter into the agreement, and
3. An intent to achieve the objective of the agreement.
\**Members of conspiracy liable for all acts of other co-conspirators that are foreseeable and "in furtherance" of conspiracy.*
"In Furtherance" = necessary to accomplish goal.
26
Inchoate Crimes - **Accessory After the Fact**
* The one who receives, relieves, comforts, or assists another knowing that he has committed a felony, in order to help the felon escape arrest, trial or conviction.
27
Defenses
1. Self Defense
2. Imperfect Self Defense
3. Defense of Others
4. Duress
5. Mistake of Fact
6. Intoxication
7. Insanity
28
Defenses - **Self Defense**
* A person may use deadly force if:
1. He is without fault
* *Did not initiate the assault or provocation*
2. **He is confronted with unlawful force; and
3. He is threatened with imminent death or great bodily harm.
29
Defenses - **Imperfect Self Defense**
* Unreasonable belief
* Mitigates to voluntary manslaughter
30
Defenses - **Defense of Others**
∆ must reasonably believe the other person is _legally entitled_ to use force, and may only use reasonable force to prevent it.
31
Defenses - **Duress**
* Threat
* ∆ reasonably believes threatens death or great bodily harm
* Not a defense to homicide crimes
32
Defenses - **Mistake of Fact**
* Reasonable
* Negates mental state required
33
Defenses - **Intoxication**
* **_VOLUNTARY_**** = _not_ **a defense to genereal intent or malice crimes. It is a defense to specific intent crimes, including attempt.
* **_INVOLUNTARY_** = defense to general and specific intent. May be treated as insanity, in which case you discuss the four types of insanity defenses.
34
Defenses - **Insanity**
1. M'Naughten Rule
2. Irresistible Impulse
3. Durham Rule
4. ALI/MPC Test
