Criminal Law Flashcards
(108 cards)
1
Q
Criminal Law
Crim Law MBE tips
A
- Focus on murder/manslaughter and then on crimes against property. 2. Know the elements cold! Most questions revolve around the elements of the cause of action. 3. Remember that the best defense is that the prosecution cannot sustain its burden; don’t go with an affirmative defense unless it’s the only option.
2
Q
Criminal Law
federal jdx over crim defendants
A
The United States has the power to criminalize and to prosecute crimes that occur: 1 anywhere on a US territory 2 On ships and planes; and 3 By United States nationals abroad.
3
Q
Criminal Law
state idx over crime defendants
A
There must be a connection to the state: 1) Whole crime or part of the crime occurred inside the state 2) Conduct outside the state that involved an attempt to commit a crime inside the state 3) A conspiracy to commit a crime and an overt act occurred within the state
4
Q
Criminal Law
3 things to consider for actus reus
A
- there must be some physical act (can be speech) 2. act must be voluntary 3. Act can be an omission - statutory duty, special relationship, assumption of duty, placing in peril and being aware of the danger
5
Q
Criminal Law
Four types of mens rea
A
specific intent, malice, general intent, strict liability
6
Q
Criminal Law
specific intent def
A
D not only committed the acts refs, but did it for the purpose of causing a specific result
7
Q
Criminal Law
specific intent crimes
A
FIAT 1) first-degree murder 2) inchoate crimes: CAtS- Conspiracy, Attempt, Solicitation 3) Assault with attempt to commit a battery 4) Theft offenses: larceny, embezzlement, forgery, burglary, robbery
8
Q
Criminal Law
criminal Malice def
A
D acted in a reckless disregard of a high risk of harm occurring
9
Q
Criminal Law
MAlice crimes
A
Murder and Arson
10
Q
Criminal Law
criminal General intent def
A
Catch all category, D must intend to commit an act that is in fact unlawful. Under MPC- knowingly, recklessly, negligently.
11
Q
Criminal Law
mens rea for SL crimes
A
D need not have a particular state of mind; he must only have committed the act.
12
Q
Criminal Law
mens rea in a statute
A
“intent to”- specific intent crime “knowingly or recklessly”- general intent crime “no mens rea language= consider SL
13
Q
Criminal Law
transferred (criminal) intent
A
When a defendant has the requisite mens rea for committing a crime directed against Victim A, but actually commits the crime against Victim B, we’ll transfer the specific intent the defendant had for Victim A over to Victim B.
14
Q
Criminal Law
Vicarous (criminal) liability def
A
Holds a person liable for an actus reus committed by someone else
15
Q
Criminal Law
Vicarious (criminal) liability of corporation
A
A corporation can be liable for the actions of its high-level employees or the Board of Directors. The Model Penal Code requires a specific duty imposed by law on the corporation, or that high-level officials have authorized or tolerated the act. Both the individual who has the actus reus and mens rea and the corporation for which he works can be held liable.
16
Q
Criminal Law
Two categories of merger for crimes
A
1) lesser-included offenses 2) inchoate and a completed offense
17
Q
Criminal Law
Lesser-included offense def
A
an offense in which each of its elements appears in another offense, but the other offense has something additional
18
Q
Criminal Law
Greater-included offense def
A
an offense which includes all elements of the lesser-included offense but requires something additional
19
Q
Criminal Law
Merger of attempt
A
The inchoate offense of attempt merges into the complete offense if the defendant actually commits the crime. Success is a “defense” to an attempt charge.
20
Q
Criminal Law
does conspiracy merge with the substantive offense?
A
No
21
Q
Criminal Law
can children be criminally liable at cl?
A
- At common law, children under the age of 7 were never capable of committing a crime; 2. children ages 7-14 were rebuttably presumed to be incapable of committing crimes; and 3. children at least 14 years old could be charged as adults.
22
Q
Criminal Law
Principals def
A
Defendants whose acts or omissions form the actus reus of the crime
23
Q
Criminal Law
what is accomplice liability
A
Theory for holding people who are NOT the principal responsible for the crime actually committed by the principal
24
Q
Criminal Law
who can be charged as an accomplice?
A
Under the majority and MPC rule, a person is an accomplice in the commission of an offense if he acts with the purpose of promoting or facilitating the commission of the offense. Thus, the accomplice must intend that her acts will assist or encourage the criminal aim.
25
# Criminal Law
For which crimes can an accomplice be held liable?
Liable for both the planned crime and any other crimes that occur in the course of the criminal act, as long as they are foreseeable
26
# Criminal Law
can an accomplice be liable if principal can't be convicted?
yes ex: child under 7, diplomat with immunity, person protected by a statute
27
# Criminal Law
accessories after the fact def
An accessory after the fact is a person who aids or assists a felon in avoiding apprehension or conviction after commission of the felony. An accessory after the fact must: 1) know that a felony was committed, 2) act specifically to aid or assist the felon, and 3) give the aid or assistance for the purpose of helping the felon avoid apprehension or conviction. -not reporting IS NOT -giving false info to police to prevent apprehension IS
28
# Criminal Law
which crimes can accessories after the fact be guilty of?
Guilty of a separate offense; e.g., harboring a fugitive or obstruction of justice
29
# Criminal Law
can accomplices and accessories after the fact also be guilty of conspiracy?
yes, if there was an agreement to commit the crime and an overt act was taken in furtherance of that agreement.
30
# Criminal Law
which defenses negate mens rea?
Mistake, insanity, and intoxication
31
# Criminal Law
when does mistake of law negate mens rea?
Generally, mistake of law is not a defense, unless there was 1) reliance on high-level government interpretations, 2) lack of notice, or 3) mistake of law goes to an element of specific intent
32
# Criminal Law
For which crimes can one use mistake of fact defense?
general intent and specific intent crimes
33
# Criminal Law
Mistake of fact for general intent crimes
Mistake of fact is a defense only if the mistake is reasonable and it goes to the criminal intent
34
# Criminal Law
Mistake of fact for specific intent crimes
Mistakes of fact are a defense anytime the defendant actually held the mistaken belief, whether it was reasonable or unreasonable.
35
# Criminal Law
Four test for insanity defense
1) M'Naghten 2) Irresistible impulse 3) Durham Rule 4) MPC
36
# Criminal Law
N'Naghten
Defendant either did not know the nature of the act or did not know that the act was wrong
37
# Criminal Law
Irresistible Impulse
Defendant has a mental disease or defect that means the defendant cannot control himself
38
# Criminal Law
Durham Rule
Defendant would not have committed the crime but for his having a mental disease or defect
39
# Criminal Law
MPC rule for insanity
Due to a mental disease or defect, the defendant did not have substantial capacity to appreciate the wrongfulness of his acts or to conform his conduct to the law
40
# Criminal Law
Two types of intoxication defense
voluntary and involuntary
41
# Criminal Law
when does involuntary intoxication occur?
When a person: 1) Doesn’t realize that she received an intoxicating substance (e.g., “date rape” drugs); 2) Is forced or coerced into ingesting a substance; or 3) Has an unexpected or unanticipated reaction to a prescription medication.
42
# Criminal Law
when is an involuntary intoxication defense valid?
when it negates the mens rea necessary for those crimes.
43
# Criminal Law
to which crimes does involuntary intoxication defense apply?
Can be a valid defense to general intent, specific intent, and malice crimes
44
# Criminal Law
when does voluntary intoxication occur?
Occurs when a person intentionally ingests the substance, knowing that it was an intoxicant
45
# Criminal Law
to which crimes does voluntary intoxication apply?
only to specific-intent crimes, and only if it prevented D from forming the mens rea
46
# Criminal Law
CL Conspiracy elements
1) agreement 2) between two or more people 3) to commit an unlawful act
47
# Criminal Law
fourth element to conspiracy under modern statutes
overt act
48
# Criminal Law
Can there be unilateral agreement to form conspiracy?
yes, under MPC only the defendant who actually has been charged must actually intend to commit the unlawful act.
49
# Criminal Law
If what the conspirators agree to do is not a crime, is there a conspiracy?
no, there must be an unlawful purpose
50
# Criminal Law
What can be an overt act for conspiracy?
Can be lawful or unlawful, as long as it furthers the conspiracy
51
# Criminal Law
Scope of conspiracy
At common law, each co-conspirator can be convicted both of: 1) Conspiracy; and 2) All substantive crimes committed by any other conspirator acting in furtherance of the conspiracy.
52
# Criminal Law
Chain conspiracy
1) A number of steps in a narrative chain 2) Each participant is liable for the substantive crimes of his co-conspirators
53
# Criminal Law
Spoke-Hub conspiracy
There is a central person that is dealing with many people on the periphery. The central person will be liable for all the crimes, but each of the spokes is treated as a separate crime. Therefore they will not be liable for each other's crimes.
54
# Criminal Law
withdrawal from conspiracy at CL
At common law, it’s impossible to withdraw from a conspiracy, because the crime is completed the moment the agreement is made.
55
# Criminal Law
withdrawal from conspiracy under federal rule
Under the federal rule, a conspirator can withdraw prior to the commission of any overt act by communicating her intention to withdraw to all other conspirators or by informing law enforcement
56
# Criminal Law
withdrawal from conspiracy under MPC
Under the MPC rule, a conspirator who helps to thwart the success of a conspiracy can raise a withdrawal defense even after an overt act has occurred.
57
# Criminal Law
liability after withdrawal from conspiracy
Although a defendant who tries to withdraw may remain liable for conspiracy (e.g.,because notification was not timely), that defendant will not be liable for any substantive crimes committed after his withdrawal.
58
# Criminal Law
Attempt
An attempt requires: i) A substantial step toward the commission of a crime; coupled with ii) The specific intent to commit the crime. If the crime is successfully completed, the attempt is merged into the completed crime. Attempt can be abandoned BEFORE a substantial step is taken.
59
# Criminal Law
attempt- substantial step test
A subjective test, called the “substantial step” test, is applied to determine whether an attempt has occurred. Under this test, conduct does not constitute a substantial step if it is in mere preparation; the act must be conduct that tends to effect the commission of a crime.
60
# Criminal Law
attempt- specific intent
The defendant must possess the specific intent to perform an act or attain a result, which, if completed, would constitute the target crime, even if the target crime is not a specific-intent crime.
61
# Criminal Law
Defenses to attempt
1) voluntary and involuntary intoxication 2) reasonable and unreasonable mistake of fact 3) merger 4) mistake of law 5) Impossibility- only legal, not factual 6) Abandonment before substantial step is taken
62
# Criminal Law
Solicitation
1) encouraging another person 2) to commit a crime 3) with the intent the other person commits the crime (voluntary renunciation may be a defense if D thwarts)
63
# Criminal Law
Homicide def
Homicide: The killing of a living human being by another human being
64
# Criminal Law
three types of homicide
1) first-degree murder; 2) common-law murder; 3) manslaughter
65
# Criminal Law
Elements of homicide
1) homicide 2) actual and proximate causation
66
# Criminal Law
Mens rea for homicides
First-degree murder is a specific-intent crime, whereas common-law murder is a malice crime, and other forms of homicide are general-intent crimes.
67
# Criminal Law
Common law murder def
the unlawful killing of another human being committed with malice aforethought
68
# Criminal Law
Four kinds of malice aforethought
1) intent to kill 2) intent to inflict SBH 3) abandoned and malignant heart 4) Felony murder
69
# Criminal Law
intent to kill
D acted with the desire that the victim end up dead. The intent need not be pre-meditated. It can be formed in a second.
70
# Criminal Law
intent to inflict serious bodily harm
D intended to hurt the victim badly, and the victim died. Intent to inflict serious bodily harm can be inferred from the use of a deadly weapon to inflict the bodily injury
71
# Criminal Law
abandoned and malignant heart
D acted with a cavalier disregard for human life and a death resulted. D must realize that his conduct is really risky but need not have any intent regarding the outcome of his actions.
72
# Criminal Law
Felony Murder
Felony murder is an unintended killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony.
73
# Criminal Law
Manslaughter def
All unlawful killings of another human being that aren't first-degree murder or common-law murder. They can be voluntary and involuntary.
74
# Criminal Law
Voluntary Manslaughter
Voluntary manslaughter is murder committed in response to adequate provocation (i.e., in the “heat of passion”). Test to determine if it’s murder or manslaughter: Is the situation one in which most people would act without thinking and without time to cool off?
75
# Criminal Law
Involuntary Manslaughter Def
A criminally negligent killing or killing of someone while committing a crime other than those covered by felony murder.
76
# Criminal Law
heat of passion
The defendant acts in the heat of passion if she was provoked by a situation that would inflame the passion of a reasonable person to the extent that it would cause that person to momentarily act out of passion rather than reason. The defendant cannot have been set off by something that would not bother most people.
77
# Criminal Law
what is sufficient provocation for heat of passion?
A serious battery, a threat of deadly force, or discovery of adultery by a spouse constitutes sufficient provocation. Usually words, such as taunts, do not.
78
# Criminal Law
when is there a "cooling off"
If there was sufficient time between the provocation and the killing for a reasonable person to cool off, then murder is not mitigated to manslaughter. If there was sufficient time to cool off for a reasonable person but the defendant himself did not regain self-control, the murder is not mitigated to manslaughter.
79
# Criminal Law
Larceny elements (specific intent)
1) taking (at CL only tangible personal property; taking includes movement of property) 2) of another person's property 3) without his consent and 4) with the intent to deprive him of it permanently
80
# Criminal Law
Robbery equation
robbery= larceny + assault
81
# Criminal Law
Robbery elements
1) taking 2) another person's property 3) without consent 4) with intent to deprive him of it permanently 5) the taking occurs from the victim's person or in his presence; and 6) either by physical violence or putting the victim in fear of imminent physical harm
82
# Criminal Law
Burglary elements (specific intent)
1) breaking and (push open; entry by fraud; no consent) 2) entering (breaking the plane of the dwelling) 3) the dwelling (where ppl lived; modern- also commercial) 4) of another (not own home) 5) at night (modern- also at day) 6) with the specific intent to commit a felony once inside
83
# Criminal Law
Battery elements (general intent)
1) unlawful (no consent) 2) application of force (slightest touch; indirect) 3) to another person 4) that causes bodily harm OR constitutes an offensive touching
84
# Criminal Law
Assault
two forms of assault: 1) attempted battery (specific intent): if D has taken a substantial step toward completing a battery but fails, he will be guilty of assault 2) intentionally placing another in fear of imminent bodily harm (general intent)
85
# Criminal Law
Rape elements (general intent)
1) unlawful 2) sexual intercourse 3) with a female 4) against her will by force or threat of force
86
# Criminal Law
Kidnapping elements
1) unlawful 2) confinement of another person 3) against that person's will 4) either by moving or hiding the victim
87
# Criminal Law
Arson elements (mAlice)
1) malicious (intent to act in a way that will cause burning, or substantially likely to) 2) burning 3) of another person's (today includes own house) 4) dwelling (today includes commercial)
88
# Criminal Law
Perjury
1) Willful act of falsely promising to tell the truth 2) stating something false either verbally or in writing 3) about material matters
89
# Criminal Law
subornation of perjury
paying someone to testify falsely
90
# Criminal Law
Bribery (CL)
corrupt payment of something of value for purposes of influencing an official in the discharge of his official duties
91
# Criminal Law
Defenses to crimes
1) intoxication 2) insanity 3) mistake of fact 4) self-defense 5) defense of others 6) defense of property 7) duress 8) Necessity
92
# Criminal Law
forgery
1) fraudulent 2) making of 3) false writing 4) with apparent legal significance 5) intent to defraud
93
# Criminal Law
embezzlement
1) fraudulent 2) conversion 3) of property 4) of another 5) by person in lawful possession of property
94
# Criminal Law
false pretense
1) obtaining title to property 2) of another 3) thru reliance of that person 4) on known false representation of material past/present fact 5) representation made with intent to defraud
95
# Criminal Law
Extortion
1) taking of money/property from another by threat 2) threat need not be physical or of immediate harm 3) property need not be on person or in presence of victim 4) threat is the essence of the crime ( maj)
96
# Criminal Law
receipt of stolen goods
1) receiving control 2) of stolen property 3) with knowledge that it is stolen, and 4) intent to permanently deprive
97
# Criminal Law
Entrapment
1) criminal offense planned and induced by police/gov agent 2) D was not predisposed to commit crime
98
# Criminal Law
Wharton Rule
Under the Wharton Rule, if a crime requires two or more participants (e.g., adultery) there is no conspiracy unless more parties than are necessary to complete the crime agree to commit the crime.
99
# Criminal Law
mens rea for bigamy
Bigamy is a strict liability crime, thus only an actus reus is required
100
# Criminal Law
lesser included offenses of robbery
Larceny, assault, and battery all merge into robbery or attempted robbery as lesser-included offenses.
101
# Criminal Law
agency theory of felony murder
under the agency theory of felony murder, a felon is not liable for the death of a bystander caused by a police officer, because the officer is not the felon’s agent.
102
# Criminal Law
accomplice liability exception
A defendant is not guilty as an accomplice when that person's action is itself an essential element of the crime. The statutory crime for which the defendant was charged as an accomplice, receipt of a bribe by a public official, requires a person who bribes the public official. Consequently, the fact that the crime required the defendant’s participation is the most likely reason that the defendant was found not guilty.
103
# Criminal Law
legal impossiblity defense to attempt
Legal impossibility is a defense if the act intended is not a crime; the defendant cannot then be guilty of attempt.
104
# Criminal Law
larceny: continuing trespass rule
Under the continuing trespass rule, a trespass is deemed to be continuing when the defendant does not possess the necessary intent at the time of the taking but later develops the intent to permanently deprive the owner of the personal property. However, the initial taking of the personal property must have been wrongful.
105
# Criminal Law
withdrawal from accomplice liability
To legally withdraw (and therefore avoid liability for the substantive crime), an accomplice must (i) repudiate prior aid, (ii) do all that is possible to countermand prior assistance, and (iii) do so before the chain of events is in motion and unstoppable. A mere change of heart, a flight from the crime scene, an arrest by law enforcement, or an uncommunicated decision to withdraw is ineffective.
106
# Criminal Law
Pinkerton Rule
“Pinkerton Rule” says that every co-conspirator is guilty of any foreseeable substantive offense committed in furtherance of the conspiracy, regardless of actual knowledge of its commission
107
# Criminal Law
One man conspiracy at CL
At common law, a conspirator cannot be convicted of conspiracy if all other conspirators are acquitted at the same trial, because there must be more than one conspirator to have a conspiracy.
108
# Criminal Law
Robbery
Robbery is larceny from the person or presence of the person by force or intimidation. The threat must be of immediate serious physical injury to the victim, a close family member, or other person present.
