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Criminal Law Flashcards

(69 cards)

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1
Q

Legal Duty to Act

A

(1) by statute (2) by contract (3) relationship b/t parties (4) voluntarily assumed duty (5) created the peril

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2
Q

Specific Intent Crimes (Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts)

A 
Solicitation 
Conspiracy
Attempt
First Degree Murder
Assault
Larceny 
Embezzlement
False Pretenses 
Robbery
Burglary 
Forgery
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3
Q

Malice Crimes

A

Murder
Arson
(reckless indifference sufficient)

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4
Q

General Intent

A

general awareness that D is acting in a manner that would be prohibited by law

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5
Q

MPC Mental States

A

Purposely
Knowingly
Recklessly
Negligently

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6
Q

Purposely

A

conscious objective to engage in certain conduct or cause certain result

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7
Q

Knowingly

A

aware that his conduct will very likely cause the results

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8
Q

Recklessly

A

consciously disregards a substantial and unjustifiable risk

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9
Q

Negligently

A

fails to be aware of a substantial and unjustifiable risk

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10
Q

Concurrence Requirement

A

D must have the intent necessary for the crime at the time of the act

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11
Q

Accomplice

A

one who aids, advises, or encourages the principal in the commission of the crime charged

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12
Q

Accessory after the fact

A

one who receives, comforts or assists another knowing hat he has committed a felony, in order to help felon escape arrest, trial, or conviction

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13
Q

Mental State for Accomplice Liability (substantive crime)

A

(1) intent to assist the principal (2) intent that the principal commit the crime

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14
Q

Accomplice Withdrawal

A

Encouraged the crime? Repudiate
Aided? neutralize the assistance

Contact the police

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15
Q

Inchoate Offenses

A

Conspiracy
Solicitation
Attempt

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16
Q

Conspiracy

A

Agreement, with an intent to agree, and an intent to pursue an unlawful objective

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17
Q

Does conspiracy merge with substantive defense?

A

NO.

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18
Q

Bilateral approach (default)

A

Requires two guilty parties. If one party is feigning agreement, no conspiracy for either party

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19
Q

Overt Act Requirement

A

Conspiracy requires an agreement and an overt act in furtherance of the conspiracy

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20
Q

Conspiracy Withdrawal

A

Can never withdrawal from conspiracy. Can withdrawal from the substantive crime

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21
Q

Solicitation

A

Asking someone to commit a crime.

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22
Q

Does solicitation merge?

A

Yes, if the person agrees to commit the crime, it becomes conspiracy

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23
Q

Attempt

A

(1) Specific Intent

2) Overt Act in furtherance of the crime (substantial step

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24
Q

Is mere preparation an overt act?

A

NO

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25
Can you abandon attempt?
Not after substantial step
26
Can you abandon attempt under MPC?
Yes if: (1) fully voluntary (2) renunciation of criminal purpose
27
Is impossibility a defense to attempt?
Legal: yes Factual: no
28
Homicide
Unlawful killing of another human being with malice aforethought
29
First Degree Murder
(1) Premeditated Killing - intent of knowledge that the conduct would cause death (2) Felony Murder (3) Homicide of Police Officer
30
Second Degree Murder
A killing done with reckless indifference to an unjustifiably high risk to human life OR non-first degree murders
31
Homicide of Police Officer
Must: | 1) know the victim is police (2) acting in the line of duty (not need to be on duty
32
Felony Murder
Any killing committed during the course of a felony
33
BARRK
Applicable felony murder crimes: - Burglary - Arson - Rape - Robbery - Kidnapping
34
Is there defenses to felony murder?
Yes if defense to underlying felony
35
Voluntary Manslaughter
(1) adequate provocation from victim (2) provocation that would arouse sudden intense passion in the mind of an ORDINARY PERSON (3) not sufficient time for a reasonable person to cool (4) Did not cool off
36
Imperfect Self Defense
Some states allow this as voluntary manslaughter if there was (1) an honest but (2) unreasonable belief that (3) life was in imminent danger
37
Involuntary Manslaughter
(1) killing of criminal negligence OR | (2) killing someone while committing a misdemeanor or non-BARRK felony
38
Battery
Unlawful application of force to the person resulting in bodily injury or offensive touching
39
Assault
(1) an attempt to commit battery OR | (2) the intentional creation of reasonable apprehension of imminent bodily harm
40
Agg Assault
Assault + - deadly or dangerous weapon OR - intent to rape, maim, murder
41
False Imprisonment
Unlawful confinement of a person without his valid consent
42
Kidnapping
confinement of a person with either some movement to concealment in a secret place
43
Larceny
wrongful taking or carrying away of another property with intent to permanently deprive
44
Larceny (continuing trespass)
Didnt intend at the time of taking to permanently deprive but later decides to keep it
45
Can you commit larceny if you believe the item is yours or you have rights to it?
NO
46
Embezzlement
fraudulent conversion of property of another
47
False Pretenses
D persuades the owner of property to convey title by false pretenses
48
Larceny by Trick
possession of the property is obtained under false pretenses
49
Robbery
taking of personal property of another from the other persons presence by force or threat (imminent) with the intent to permanently deprive
50
Extortion
knowingly seeking to obtain property or services by means of a future threat
51
Forgery
The making or altering of a false writing with intent to defraud
52
Burglary
Breaking and entering of a dwelling go another at night with the intent to commit a felony therein
53
Arson
malicious burning of the dwelling of another
54
Specific Intent for Arson?
No, can be reckless disregard of an obvious risk that the structure would burn
55
Defenses
- Insanity - Intoxication - Self-Defense - Duress - Necessity - Defense of Dwelling - Mistake of Fact - Entrapment
56
M'Naghten Rule
At the time of conduct, D lacked the ability to know the wrongfulness of his actions or understand the nature and quality of the actions
57
Irresistible Impulse Test
D lacked the capacity for self-control and free choice
58
Durham Rule (very rare)
D's conduct was a product of mental illness
59
MPC Insanity Test
D lacked ability to conform conduct to the requirements of the law
60
Intoxication
Voluntary: defense for specific intent Involuntary: defense for everything
61
Non-Deadly Self Defense
OK if victim reasonably believes that force is about to be used on him
62
Deadly Force (majority rule)
OK if victim reasonable believes that deadly force is about to be used on him
63
Deadly Force (minority rule)
Victim required to retreat if safe EXCEPT - your home - rape or robbery - police officers
64
Original Aggressor Rule
MUST (1) withdraw, and (2) communicate the withdrawal
65
Duress
(1) acts under threat of imminent infliction of death or GBH and (2) belief is reasonable NOT FOR HOMICIDE
66
Necessity
criminal conduct justified because of natural forces
67
Defense of Dwelling
No deadly force for defense of property
68
Mistake of Fact
(1) Negates intent, and | (2) Reasonable
69
Entrapment
(1) Criminal design originated with police | (2) D not predisposed to commit the crime

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