Criminal Law Flashcards Preview

FL Bar Review > Criminal Law > Flashcards

Flashcards in Criminal Law Deck (174)
Loading flashcards...
1

Bob, standing in California, shoots a high-powered rifle across state lines into Arizona and kills someone. Which state has jurisdiction over the crime?

Both. CA = conduct; AZ = result

2

Is there merger of crimes in American law?

Generally, no.

3

_____________ and ___________ do merge into the substantive offense. Thus, if you have completed that crime, you cannot be convicted of _____________________________.

Solicitation & attempt; attempting to commit the crime

4

Conspiracy does NOT merge into the substantive offense. Thus, you _______ be convicted of conspiring to do something and doing it.

Can

5

An act can be any bodily movement - but the act must be a _______________.

Voluntary act

6

Examples of bodily movements that do not qualify for criminal liability:

(1) Conduct which is not the product of your own volition;
(2) A reflexive or convulsive;
(3) An act performed while you are unconscious or asleep.

7

You are standing waiting for a train when someone pushes you into a 3rd person, who then falls in front of the train, is run over and killed. Would you be held criminally liable?

No. No voluntary act because was pushed.

8

Generally there is no legal duty _________ but sometimes there is a ________________.

To rescue; legal duty to act

9

A legal duty to act can arise in one of five circumstances:

(1) By statute
(2) By contract
(3) Because of the relationship between the parties
(4) Because you voluntarily assume a duty of care and fail to adequately perform it
(5) Where your conduct created the peril

10

Shaq has a party on the lake at his lake lot. Everyone suddenly notices a man flailing in the lake, as if he is about to drown. Shaq tells everyone that he'll save the man, and he dives into the lake. Shaq swims out to the man and sees that the drowning man is Kobe. Kobe says, "Help all of my championship rings are weighing me down, and I'm drowning." Shaq says, "That's terrible - hasta la vista baby," and then swims back. If Kobe drowns, does Shaq have any criminal liability?

Yes because he assumed a duty to act by saying he would save him.

11

Dr. Evil has a pool party and is showing off his fancy new laser pointer. He flashes the laser pointer into Austin's eyes, and Austin falls into the pool. Austin cannot swim, and Dr. Evil decides to laugh, rather than do anything to save Austin. Will Dr. Evil face any criminal liability in this situation?

Yes because he created the problem.

12

4 Common Law Mental States of a Crime:

(1) Specific intent crimes;
(2) Malice crimes;
(3) General intent crimes;
(4) Strict liability crimes

13

The importance of specific intent crimes is that they will qualify for ______________ not available for other types of crime.

Additional defenses

14

Specific Intent Crimes

Students Can Always Fake a Laugh, Even For Ridiculous Bar Facts

(1) Solicitation
(2) Conspiracy
(3) Attempts of any crime
(4) First degree murder
(5) Assault
(6) Larceny
(7) Embezzlement
(8) False pretenses
(9) Robbery
(10) Burglary
(11) Forgery

15

Type of crime that doesn't have to be for a specific purpose; reckless disregard of high risk.

Malice Crimes

16

On the bar exam, there are only 2malice crimes:

(1) Murder; and
(2) Arson

17

General wrongful intent.

General Intent Crimes

18

General intent is the big catch-all category. All crimes that are not specific intent or malice crimes unless they qualify for _________________.

Strict liability

19

Most common general intent crimes:

Rape & battery

20

I want to kill the woman wearing the Barney the Dinosaur shirt. I pull out my gun, fire it at the woman in the Barney shirt, but the shot misses her and instead hits and kills the woman in the Dora the Explorer shirt sitting behind her. Am I guilty of murder? Why or why not? If so, can I be charged with two crimes?

Yes, guilty of murder because of transferred intent. The intent was to kill one woman, so transferred to the one you did kill.

Can be charged with murder AND attempted murder (no merger!).

21

No intent crimes.

Strict liability crimes

22

The importance of strict liability on the bar exam is that any defense that _________________ cannot be a defense to the no intent crimes of strict liability.

Negates intention

23

Strict liability crimes are the ______________ crimes.

No intent

24

If the crime is in the administrative, regulatory, or morality area and you don't see any adverbs in the statute such as ______________, _______________, or _________________, then the statute is meant to be a no intent crime of strict liability.

Knowingly; willfully; intentionally

25

Linda was 15 years old, but she appeared and acted older. When asked, she always said she was 22, and she carried false identification saying she was that old. She frequented taverns and drank heavily. One evening in a bar she became acquainted with Duke. He believed her when she told him her claimed age. They had several drinks and became inebriated. Later, they drove in Duke's car to a secluded spot. After they necked for a while, Duke propositioned Linda and she consented. Before Duke achieved penetration, Linda changed her mind saying, "Stop! Don't touch me! I don't want to do it." When Duke did not desist, Linda started to cry and said, "I am only 15." Duke immediately jumped from the car and ran away. Duke was indicted for, among other crimes, contributing to the delinquency of a minor. The age of consent int he jurisdiction is 16.

If the indictment above were based on a statute reading, "Whoever shall commit an act affecting the morals of a minor under 16 years of age shall be deemed guilty of contributing to the delinquency of a minor and shall be punished by imprisonment in a state penitentiary for a period not to exceed 5 years."

Duke's best legal defense would be that:

(A) The statute is unconstitutionally vague.
(B) Linda, the woman in question, consented to his actions.
(C) He was entrapped by Linda's appearance.
(D) He did not intend to contribute to her delinquency.

(A) The statue is unconstitutionally vague.

(B) is not a defense, so irrelevant. (C) is a legal defense, but has to be a law enforcement officer. (D) doesn't matter because of strict liability.

26

Linda was 15 years old, but she appeared and acted older. When asked, she always said she was 22, and she carried false identification saying she was that old. She frequented taverns and drank heavily. One evening in a bar she became acquainted with Duke. He believed her when she told him her claimed age. They had several drinks and became inebriated. Later, they drove in Duke's car to a secluded spot. After they necked for a while, Duke propositioned Linda and she consented. Before Duke achieved penetration, Linda changed her mind saying, "Stop! Don't touch me! I don't want to do it." When Duke did not desist, Linda started to cry and said, "I am only 15." Duke immediately jumped from the car and ran away. Duke was indicted for, among other crimes, contributing to the delinquency of a minor. The age of consent int he jurisdiction is 16.

If the indictment above were based on a statute reading, "Whoever shall commit an act affecting the morals of a minor under 16 years of age shall be deemed guilty of contributing to the delinquency of a minor and shall be punished by imprisonment in a state penitentiary for a period not to exceed 5 years."

With respect to the contributing charge under the statute set out above, proof by Duke that he was so inebriated that he could not have formed a criminal intent would be a:

(A) Good defense, because the charge requires a specific intent.
(B) Good defense, because at least a general criminal intent is required for every offense.
(C) Poor defense, because contributing to the delinquency of a minor is an offense against a child.
(D) Poor defense, because the state of mind of the ∆ is irrelevant to this offense, so long as he was legally sane.

(D) Poor defense, because the state of mind of the ∆ is irrelevant to this offense, so long as he was legally sane.

(A) is incorrect because it is a strict liability crime. (B) is incorrect for strict liability because no intent is required. (C) is true, but irrelevant.

27

Model Penal Code Mental States:

(1) Purposely;
(2) Knowingly;
(3) Recklessly;
(4) Negligently

28

Purposely: One acts purposely when it is his ______________ to engage in a certain conduct or cause a certain result.

Conscious objective

29

Knowingly: One acts knowingly when he is ________ that his conduct will very likely cause the result.

Aware

30

Recklessly: One acts recklessly when he _________________ a _____________ and ________________ risk.

Consciously disregards; substantial; unjustifiable