Criminal Law Flashcards

Question

Factual impossibility re Conspiracy

Answer 1

Not a defense

Answer 2

elements: 1) specific intent to commit a crime, and 2) a substantial step in furtherance of that crime. Note: D cannot

Answer 3

The unlawful killing of another with malice aforethought. MPC has done away w malice aforethought as mens rea.

Answer 4

mens rea for CL murder. includes: 1) intent to kill 2) intent to inflict great bodily injury and unintentional death 3) Reckless indifference to an unjustifiable risk to human life (dont confuse w involuntary manslaughter) 4) felony murder (intent to commit felony)

Answer 5

has intent to kill if she has intent to cause death of another, and causes the death of such person or a 3rd person. D if G of intentional murder if she committed a killing with premeditation and deliberation. Don't confuse w Voluntary Manslaughter, that is an intentional killing lacking premeditation and deliberation b/c of provocation (frequently raised as a defense to intentional murder).

Answer 6

If D intended to do great bodily harm and unintentionally killed someone, the intent to do harm coupled with death constitutes malice

Answer 7

D must be depravedly indifferent to human life by recklessly engaging in conduct that creates a grave risk of death to another person, and thereby causes the death of another person. Dont confuse with Involuntary Manslaughter, that is a negligent killing likely to cause serious injury.

Answer 8

a person is G of FM if she or a participant causes the death of a non-participant during an attempt of or flight from one of the BARK-R felonies (Burgulary, Arson, Robbery, Kidnappint, Rape). Elements: 1) Commission of inherently dangerous felony (BARK-R) 2) Death of a non-participant during the course of the felony 3) D was a participant, AND 4) D must be found G of underlying felony Note: if co-felon dies during the commission of a felony then other co-felon is not G. BUT if a non-participant causes the death of another non-participant then they a G.

Answer 9

intentional killing w/o malice aforethought b/c there is no premeditation or deliberation due to adequate provocation if: 1) D provoked by exposure to a threat if harm or caught spouse having sex with another that; 2) aroused a sudden and intense passion causing an ordinary person to lose self-control 3) not sufficient time to cool off, AND 4) the killing.

Answer 10

is an unintentional homicide that is the result of either criminal negligence or an unlawful act. 1) Criminal Negligence--failure to perceive the risk or a disregard of the consequences. The D's conduct must have been a gross deviation from the reasonable person standard. 2) Unlawful Act/Misdemeanor/Manslaughter: If a killing occurred during the course of a crime that is not a recognized under the felony murder rule, then the killing constitutes involuntary manslaughter.

Answer 11

1) the taking 2) of personal property from another's person or presence 3) by force or threat of force of immediate death or physical injury, inducing fear in order to obtain or retain the property; 4) with the intent to permanently deprive the other of property

Answer 12

1) unlawful application of force 2) to the person of another 3) that results in offensive touching/bodily injury Intent: battery is a general intent crime that can be satisfied by either intentional, reckless, or criminally negligent conduct.

Answer 13

a more serious Battery by intentional maiming or the permanent disfigurement of a bodily part

Answer 14

is either the attempt to commit a battery or intentionally placing another in reasonable apprehension of imminent bodily injury

Answer 15

False imprisonment is the: 1) unlawful 2) detention or confinement of an individual 3) w/o valid consent Merger w/ other crimes: if the detention or confinement is wholly incidental to the simultaneous commission of another crime (eg robbery or rape), then the imprisonment mergers into the other crime.

Answer 16

1) unlawful 2) confinement of an individual accompanied by 3) either movement or concealment of that individual Merger: if movement wholly incidental to the simultaneous commission of another crime (robbery, rape) then the kidnapping mergers into the other crime.

Answer 17

1) unlawful intercourse by a man who is not her spouse, and 2) w/o consent Note: Stat rape is a separate crime that is committed when one has sec w another who is under the legal age of consent. SL crime, mistake of age is not a defense.

Answer 18

-Incest--sex or marriage btw closely related persons -Bigamy--marrying a person while already being married -Adultery--a married person that cohabitates or has sexual intercourse with someone other than their spouse or if not married has sex w someone they know is married. -Fornication--sex by unmarried persons Seduction--G if induced unmarried female to engage in an act of intercourse on the promise of marriage

Answer 19

CL has 4 elements: 1) MALICIOUS (includes gen intent, knowledge, or reckless disregard) 2) BURNING (most cause charring--under CL needs be be cause by fire NOT bomb) 3) of a DWELLING (modern view = vehicles other structures included) 4) of another

Answer 20

CL has 6 elements: 1) Breaking (not necessary under modern view) 2) and entering (modern view = or remaining unlawfully) 3) a dwelling (modern view = any structure) 4) of antoher 5) at night (modern view = anytime) 6) with the intent to commit a felony (modern view = any crime) Concurrence

Answer 21

with intent to permanently deprive: 1) by trespass (enter sphere of V) 2) a taking (from V's control) 3) carrying away (movement) 4) of personal property 5) of another

Answer 22

a false representation that causes the person to pass possession of property to a thief, who knows that the representation is false and intends to defraud by the representation.

Answer 23

with intent to defraud: obtains title of another's property by an intentional false statement of past or existing fact.

Answer 24

a false representation of a future fact that causes the person to pass title and possession of property to a thief, who knows that the rep is false and intends to defraud by the rep

Answer 25

With the intent to defraud: making or altering a writing, such that is it false

Answer 26

the fraudulent conversion of the personal property of another by one already in lawful possession

Answer 27

Exacting property or payment of money by verbal or written threats of harm to another or threats to damage the victim's property in the future DO NOT confuse w robbery (a present threat)

Answer 28

receiving possession of personal stolen property know to have been obtained in a manner constituting a criminal offense by another person w/ intent to permanently deprive O of her interest in the property

Answer 29

Malicious destruction of, or damage to, the property of another

Answer 30

only requires the D to come forward with the defense (burden of production) but not to satisfy the burden of proof Defenses: - insanity - incompetency - diminished capacity - intoxication - infancy - justification

Answer 31

If D insane at TIME OF ACT will be acquitted (4 theories): 1) M'Naughten Test 2) Irresistible Impulse Test

Answer 32

1 of 4 theories on insanity defense--a disease of the mind which caused a defect of reasoning such that the D lacked the ability at the time of her actions to either: a) KNOW the wrongful nature of the act, or 2) UNDERSTAND the nature and quality of her act. D must not be able to tell society deems acts wrong

Answer 33

D must establish that due to a mental disease or defect she was unable to: 1) Control her actions, or 2) Conform her conduct to the law 3) Durham Test 4) MPC test ie., the D had lost ability to conform conduct to uncontrollable urge

Answer 34

D must prove the criminal conduct was the PRODUCT of mental disease or defect. The disease must have actually caused the criminal conduct. ie., but for the mental disease the crime would not have been committed

Answer 35

D must est that AT THE TIME of the criminal conduct, she suffered from a mental disease/defect and as a result LACKED SUBSTANTIAL CAPACITY to either: 1) Appreciate the criminality of her act (M'Naughten); or 2) Conform such act within the the req of the law (irresistible impulse)

Answer 36

D cannot be tried, convicted, or sentences if, as a result of mental disease or defect, she is unable to: 1) Understand the nature of the proceedings being brought against her, or 2) assist her lawyer in the perpetration of her defense

Answer 37

this defense is available if the D can show that, as a result of mental disease/defect, she was unable to form the requisite intent necessary for the crime

Answer 38

Is a defense if the intoxication negates a required element of the crime (eg mens rea). Voluntary or Involuntary Intoxication

Answer 39

- Is the ingestion of an intoxicating substance w/o duress - Defense to crimes that require intent or knowledge if the D was so intoxicated as to be unable to form such intent or acquire such knowledge. Voluntary intox is not a defense to offenses: 1) where intox is an element (DUI) 2) SL crimes 3) where crime is based on recklessness/neg of D 4) where D become inebriated to build up nerve 5) requiring recklessness or malice

Answer 40

the ingestion of intoxicant: 1) under duress 2) by virtue of med advice 3) w/o knowledge of intoxicating nature of substance Apply to same crimes insanity defense can be used for

Answer 41

1) under age of 7--conclusive presumption child not criminally L 2) 7 to 14--rebuttable presumption that child is not criminally L 3) 14+--under CL treated as adults

Answer 42

Due to natural forces the D: 1) acted with a reasonable belief that her actions were necessary to prevent 2) An immediate hard to society 3) and the harm to society would outweigh the harm caused by the crime

Answer 43

Requires two forms of reasonableness: 1) reasonableness in the belief that the force was necessary, and 2) reasonableness of the force used. If either is deemed unreasonable not a complete defense BUT might mitigate

Answer 44

person may use to prevent the imminent use of unlawful physical force

Answer 45

Person may use only if: 1) she is confronted w/ unlawful force 2) she is w/o fault (not initial aggressor), and 3) she reasonably believes she is faced with a threat of serious bodily harm or death

Answer 46

Most jurisdictions do not require. NY does if person can do so safely unless: 1) making a lawful arrest 2) attack in V's home (castle doctrine) 3) assailant attempting to commit Dr Barks (Deadly force can be used to prevent Robbery, Burglary, Arson, Rape, Kidnapping, forcible Sodomy

Answer 47

Has no right to use deadly force unless: 1) aggressor withdraws AND communicates OR 2) V escalates fight to

Answer 48

Rules differ whether deadly or non-deadly can be used: 1) Non-deadly--to prevent or terminate unlawful entry into one's home 2) Deadly--cannot be used to defend property unless: a) threat of force OR b) entry into a dwelling where V believes D is going to commit dangerous felony and V believes force is necessary to prevent such harm NOTE: defense of personal property never justifies deadly force

Answer 49

1) Non-Deadly ok if person reasonably believes will prevent substantial breach of the peace 2) Deadly--ok to prevent Dr. Barks

Answer 50

Non-deadly--may use to effect lawful arrest or prevent escape of someone already arrested Deadly--only if felon threatened serious bodily harm or death and deadly force necessary to prevent his escape

Answer 51

1) non-deadly--can use only if (a) she reasonably believes that the person arrested has committed the crime and (b) the crime was in fact committed 2) deadly--can only use in effecting an arrest if the person was actually guilty of offense for which they were arrested

Answer 52

Person NG of criminal offense if: 1) an act is performed under a threat of of imminent death or serious bodily injury; and 2) the person reasonably believes that death or serious bodily injury will be inflicted on herself or others Note: threats of future harm not sufficient. Defense cannot be used for an intentional killing

Answer 53

Mistake of Fact--For malice or general intent crimes, the ignorance/mistake must be REASONABLE. However, for specific intent crimes a mistake of fact is a defense whether mistake is reasonable or unreasonable. Mistake of Law--Not a defense, but a few exceptions. Eg D cannot be criminally L for actions taken at the advice of a public official or if D's reliance on her atty negates a necessary mental state element (e.g. knowingly)

Answer 54

3 elements to defense: 1) criminal plan did not originate w/ D but originated w police 2) A law enforcement official induced D to commit the crime (don't confuse providing opportunity w inducement), 3) And D was not predisposed to commit the crime

Answer 55

If an element of the crime requires establishing a lack of consent, then evidence of consent is a defense. Valid consent must be free of coercion, duress, deception, fraud, and must be given by one legally capable of consent.

Criminal Law Flashcards

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