Flashcards in Criminal law Deck (72):
What crimes MERGE into substantive offense?
Attempt and Solicitation
Does Conspiracy MERGE into the substantive offense?
No, you can be convicted of conspiring to do something and doing it.
What are the two essential elements of a crime?
1. voluntary act and 2. mental state
Is there sometimes a legal duty to act?
yes when by statute, contract, relationship, or you voluntarily assume care, or your conduct created peril.
What are the four Common Law mental states of a crime?
1. Specific Intent, 2. Malice Crimes, 3. General Intent, 4. Strict Liability.
what are the 11 specific intent crimes?
1. Attempt 2. Solicitation 3. Conspiracy 4. First Degree Murder 5. Assault 6. Larceny 7. Embezzlement 8. Robbery 9. Burglary 10. False Pretenses 11. Forgery
what two additional defenses do specific crimes qualify for?
1. voluntary intoxication and 2. unreasonable mistake of fact.
what are the two malice crimes?
arson and murder.
what are strict liability crimes?
No intent crimes.
what are the four mental state of the model penal code
1. purposely: acts purposely when it it his conscious objective to engage in certain conduct or cause a certain result.
2. knowingly: when he is aware that his conduct will very likely cause the result.
3. recklessly: consciously disregards a substantial and unjustifiable risk.
4. negligently: fails to be aware of a substantial and unjustifiable risk.
What is an accomplice?
an accomplice is one who aids, advises, or encourages the principal in the commission of a crime.
do accomplices have to have the requisite intent that the crime be committed?
Yes. Accomplices are liable for the crime itself and all other forseeable crimes.
how can an accomplice withdraw?
repudiate the encouragement, neutralize the assistance, contact the police.
What are inchoate crimes?
incomplete crimes; attempt, solicitation, conspiracy
What is solicitation?
Solicitation is asking someone to commit a crime. Under common law, if the person agrees, it becomes conspiracy.
is factual impossibility a defense?
No factual impossibility is never a defense to solicitation.
what is conspiracy?
(1) An agreement, with (2) intent to agree and (3) an intent to pursue an unlawful objective. Under the majority rule, there must some overt act in furtherance of the conspiracy.
When are co-conspirators liable?
liable for all crimes committed in (1) furtherance of the crime and (2) were forseeable
what is the common law bi lateral approach to conspiracy?
that it requires two guilty parties.
what is the unilateral modern trend approach?
only that one person have a genuine criminal intent.
is factual impossibility a defense to conspiracy?
Is it possible to withdraw from conspiracy?
No once you agree the crimes is committed, but you can withdraw from future subsequent crimes.
what is attempt?
(1) Specific Intent plus (2) an overt act in furtherance of the crime.
Must the overt act be substantial?
Yes, a substantial step in furtherance of the commission of the crime, mere preparation is not enough.
Is Abandonment a defense?
No once the defendant has taken a substantial step toward committing the crime, abandonment is never a defense.
is legal impossibility or factual impossibility a defense to attempt?
what are the four insanity tests?
1. M'naghten Rule 2. Irrestible Impulse 3. Durham Rule
4. Model Penal Code
What is the Mnaghten rule?
the defendant lack the capacity to know the wrongfulness or understand the nature or quality of his actions.
what is the Irresistible Impulse Rule
defendant lacked the capacity of self control and free choice
what is the Durham Rule
defendant's conduct was a product of a mental illness.
Model Penal Code
Defendant lacked ability to conform his conduct to the requirements of the law.
What is voluntary intoxication and what crimes does it apply to?
It is self induced intoxication. Is a defense on the bar exam only to specific intent crimes. (includes addicts and alcoholics.)
what is Involuntary intoxication
unknowingly being intoxicated or under duress. Involuntary intoxication is a form of insanity and it is a defense to all crimes.
when may a victim use non-deadly self-defense ?
anytime the victim reasonably believes that force is about to be used on him.
when may a victim use deadly force?
anytime the victim believes that force is about to be used on him
what the three exceptions to the minority duty to retreat rule?
1. no duty to retreat from home;
2. no duty to retreat if you are the victim of a rape or a robbery;
3. police officers have no duty to retreat
to get back the defense of self-defense, the original aggressor must do what?
1. communicate withdraw and 2. withdraw.
when is duress a defense to a criminal act?
duress is a defense when the person acts under (1) great bodily harm to you or a third person, and that (2) belief is reasonable. Duress is never a defense to homicide.
are unreasonable mistakes of fact a defense when it negates the intent for general crimes?
No only for specific intent crimes. must be reasonable mistakes for genreal.
is consent of a victim a defense?
generally no, think homicide, someone cant consent to homicide.
criminal designed originated with law offices and d was not predisposed to commit the crimes.
What is the rule for battery
application of force that results in either bodily injury or offensive touching.
is battery a specific intent crime?
No it is a general intent crime. Force does not need to be applied directly.
what is assault?
Assault is an (1) attempt to commit battery or (2) the intentional creation of a reasonable apprehension of imminent bodily harm. if there has been an actual touching it is battery.
what aggravated assault?
Aggravated Assault is an assault plus the use of a (1) deadly or dangerous weapon; or (2) with the intent to rape maim, or murder.
Murder is the unlawful killing with malice aforethought.
when does malice aforethought exist?
Malice aforethought exists when there is (1) intent to kill or (2) intent to inflict great bodily harm or (3) intent to commit a felony and (4) reckless indifferance to an unjustifiably high risk to human life.
what are the degrees to murder?
First Degree, Second Degree, Voluntary Manslaughter, and Involuntary Manslaughter
What is First Degree Murder?
First Degree Murder is (1) a premeditated killing (acted with intent or knowledge) or (2) killing commited in the course of a felony (bark crimes) or (3) killing of a police officer.
what are the BARK crimes?
bark crimes include Burglary, Arson, Rape, Kidnapping.
how do the defenses to felony murder work?
(1) if the defendant has a defense to the underlying felony, then he has a defense for murder. or (2) the deaths were forseeable.
are D's responsible for the death of a co-felon?
What is second degree murder?
Second degree murder is classified as (1) a depraved heart killing - killing done with reckless indifference to an unjustifiably high risk to human life. (Reckless killing) or murders that are not classified as first-degree murders.
What is voluntary manslaughter?
Voluntary Manslaughter is (1) killing in the heat of passion resulting from adequate provocation. (2) the provocation must be one that would arouse sudden and intense passion in mind of ordinary person such to cause him to lose self-control; (3) there must be sufficient time between the provocation and the killing for the passions of a reasonable person to cool. (4) the defendant in fact did not cool off between the provocation and the kiiling.
what is imerfect self-defense murder
1) the defendant has an honest but unreasonable belief that his life was in imminent danger, this defense will reduce a murder to manslaughter.
(1) a killing of criminal negligence or (2) killing someone while committing a midemeanor.
What is false imprisonment?
the unlawful confinement of a person without his valid consent. if a known alternate route is available the confinement will not be met.
is the taking/confinement of a person with some movement or concealment in a secret place.
what are the property crimes?
larceny, false pretenses, burglary, robbery, embezzlement, forgery, arson
what is larceny?
(1) a wrongful taking of property of another by trespass with (asportation as well) (2) intent to permanently deprive. rewatch video
will the slightest movement of the property be enough for larceny?
when must the defendant have had the intent to permanently deprive?
at the time of the taking unless a person decides to keep the property, that is larceny under the theory of continuing trespass.
Is taking property in belief that it is yours, larceny?
What is Embezzlement?
The fraudulent conversion of property of another. the embezzler always has lawful possession.
What is False Pretenses?
the defendant persuades the owner of property to TITLE.
What is the difference between larceny by trick and false pretenses?
If only POSSESSION is obtained, the offense is larceny by trick. If TITLE is obtained, the offense is false pretenses.
what is robbery
robbery is the (1) taking of personal property of another from the other person's presence, by (2) force or (3) threat of imminent harm with the intent to permanently deprvive him of it.
what is extortion?
knowingly seeking to obtain property or services by means of a future threat. Threats are future harm not imminent harm.
what is forgery?
forgery is the making or altering of a false writing with intent to defraud.
what is burglary?
(1) breaking and entering of a dwelling of another at night with (2) the intent to commit a felony therein. can be constructive or actual. wide open door doesnt count.
when does entering count?
entering occurs when any part of body crosses into the house.