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Flashcards in Criminal Law Deck (66):
1

Murder

A Homicide committed with Malice

2

Homicide

Killing of another human caused by defendant

3

Vicarious Liability for Criminal Liability

A defendant may be liable for the crime of another if the defendant;
1. solicits the crime; or
2. as a conspirator with the one who commits the crime; or
3. is an accomplice to the one who commits the crime; or
4. under Felony murder rule

4

Malice

The mental state required for murder:
1. Intent to kill; or
2. Intent to inflict great bodily harm; or
3. Depraved Heart; or
4. Felony Murder Rule

5

Depraved Heart

Reckless indifference to a known high risk of death

6

Felony Murder Rule

Homicide committed during the perpetration of an inherently dangerous felony

7

Inherently Dangerous Felonies
(BARRK)

Burglary, Arson, Rape, Robbery and Kidnapping

8

Involuntary Manslaughter

A homicide committed without malice under one of the following circumstances:
1. Intent to inflict Slight bodily injury
2. Gross Negligence
3. Misdemeanor-Manslaughter Rule

9

Misdemeanor-Manslaughter Rule

Defendant kills while committing a non inherently dangerous felony or a inherently wrongful misdemeanor.

10

Self Defense (Criminal Law)

The defendant may use deadly force to protect against an imminent deadly attack. Deadly force must be reasonable and necessary to repel the attacker.

11

Defense of Others (Criminal Law)

Defendant can use deadly force if reasonable and necessary to defend another.

12

Crime Prevention Defense

A police officer or private person may use deadly force if reasonably necessary to prevent the commission of a dangerous felony

13

Apprehension/Arrest of a Criminal Defense

A police officer or private person may use deadly force if reasonably necessary to prevent apprehend/arrest a dangerous felon.

14

Reasonable Mistake Defense

A defendant may use deadly force based on a reasonable mistake as to self-defense, defense of others and crime prevention.

15

Excuse defense

if a homicide or any other crime is excused, the defendant is not criminally liable. Can be excused by
1. Youth/infancy
2. Insanity
3. Intoxication

16

M'Naghten Test

Insanity Test
Defendant, as a result of mental defect or disease, did not know of the wrongfulness of his act or could not understand the nature and quality of his acts.

17

Irresistible Impulse Test

Insanity Test
Defendant, as a result of mental defect, was unable to control his conduct or conform his conduct to the law.

18

Insanity Model Penal Code Test

Defendant lacked the substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.

19

Durham Test

Insanity Test
Defendant is not guilty if his crime was the product of a mental disease or defect.

20

Voluntary Intoxication Defense

Exists when the defendant voluntarily and knowingly consumes an intoxicating substance. Can negate specific intent but only if the defendant is so intoxicated he cannot form the specific intent for the required crime.

21

Involuntary Intoxication Defense

Exists when the defendant involuntarily or unknowingly become intoxicated. Defense to all crimes if the intoxication renders the defendant "insane" under the applicable test.

22

Mitigation

An intentional killing that would otherwise be murder will be mitigated to voluntary manslaughter under Heat of passion or Good Faith mistake.

23

Heat of Passion

Defendant experiences adequate provocation. must be one would cause subjective and objective passion and no "cooling off" period.

24

Good Faith Mistake

A defendant who intentionally kills victim under good faith, but unreasonable mistaken belief as to self defense, defense of others or crime prevention can successfully argue their homicide crime should be mitigated to voluntary manslaughter

25

First Degree Murder

Homicide that has:
1. Premeditatation and Deliberate Intent to Kill or
2. Felony Murder Rule

26

Second Degree Murder

All murders that do not qualify as first degree murder.

27

Voluntary Manslaughter

Homicide with Malice but with mitigation

28

Assault (Criminal Law)

Attempted batter or Intentional creation of reasonable apprehension of contract

29

Battery (Criminal Law)

The unlawful application of force to another person causing bodily injury or offensive contact

30

Kidnapping

The confinement of another person involving either movement or concealment of the victim.

31

Larceny

The trespassory taking and carrying away of the personal property of another with the intent to permanently deprive.

32

Larceny by Trick

Same as larceny but the taking occurs with the victim's apparent consent. But the consent is negated because acquired by the defendant's misrepresentation.

33

Embezzlement

The fraudulent conversion of the property of another by one in rightful possession.

34

False Pretenses

The acquisition of title to another's property by a false representation with the intent to defraud.

35

Robbery

A larceny committed from the victim's person or presence by force or threat of force of immediate bodily harm.

36

Arson

The burning of a protected structure of another with malice

37

Burglary

The trespassory breaking and entering of the protected structure of another at night time with the intent to commit a felony therein.

38

Attempt

an act done with intent to commit a crime and an affirmative act, or substantial step, in furtherance of the intent to commit the crime, beyond mere preparation.

39

Legal Impossibility

Exists when the acts defendant intends to commit are not a crime in the jurisdiction.

40

Factual Impossibility

Exists when the acts defendant intended to commit would be a crime, if the facts were as defendant believed them to be. Not a defense.

41

Solicitation

Defendant is guilty of solicitation if Defendant asks or requests another to commit a crime with the intent the person solicited commits the crime.

42

Conspiracy

Defendant is guilty of conspiracy if Defendant enters into an agreement with another party to for an unlawful objective and some overt act is performed in furtherance of the unlawful objective.

43

Principal

One who, with the intent to commit the crime, causes the crime to occur.

44

Accomplice

One who, with the intent the crime be committed, aids, counsels or encourages the principal.

45

Accessory after the fact

One who, with the intent to help the felon escape or avoid arrest or trial, receives, relieves, or assists a known felon after the felony has been completed.

46

Duress

A defendant's criminal liability is excused if the crime is committed under the threat of imminent death or great bodily harm.

47

Entrapment

A defendant will have no liability for a crime if committed because the defendant was entrapped by government officials.

48

Reasonable Mistake of Fact

if the defendant makes a reasonable mistake of fact or is ignorant of a fact that negates the required mental state for the crime, defendant is not guilty of that crime.

49

Unreasonable Mistake of Fact

if the defendant is mistaken or ignorant to a fact, but mistake is unreasonable under the circumstances, then the mistake is a defense only if the crime is a specific intent crime.

50

Mistake of Law

A mistake or ignorance of the law is no defense if charged with violation of that law. No defense.

51

Fleeing Felon Standard

A law enforcement officer can use deadly force against a felon if:
1. the use of deadly force is necessary to prevent the felon's escape;
2. the fleeing felon has threatened the officer with a weapon or the officer has probable cause to believe that the felon has committed a crime involving the infliction of threatened infliction of serious physical harm; and
3. the officer gives the felon some warning of the imminent use of deadly force.

52

Mayhem

the permanent dismemberment or disablement of a bodily part

53

Rape

unlawful sexual intercourse of a female, not one's wife, without her consent.

54

Extortion

the threat of future harm to deprive an owner of his property.

55

Theft

the illegal taking of another person's property

56

Receipt of Stolen Property

a crime when one knowingly receives, conceals, or disposes of stolen property

57

Actus Reus

Voluntary physical act or failed to act under the circumstances

58

Omission as an Act

Only if:
1. there is a specific duty to act imposed by law;
2. the defendant has knowledge of the facts giving rise to the duty to act; and
3. it is reasonably possible to perform the duty.

59

Strict Liability Crimes

Do not require awareness of all the factors of the crime:
1. Statutory Rape
2. Selling liquor to minors
3. Bigamy (some jurisdictions)

60

Purposely

A person acts purposely when his conscious object is to engage in certain conduct or cause a certain result

61

Knowingly

A person acts knowingly when he is aware that his conduct is of a particular nature or knows that his conduct will necessarily or very likely cause a particular result.

62

Recklessly

A person acts recklessly when he knows of a substantial and unjustifiable risk and consciously disregards it.

63

Accomplice Liability

An accomplice is responsible for the crimes he did or counseled and for any other crimes committed in the course of committing the crime contemplated to the same extent as the principal, as long as the other crimes were probable or foreseeable. `

64

Wharton Rule

Where two or more people are necessary for the commission of the substantive offense there is no crime of conspiracy unless more parties participate int he agreement than are necessary for the crime.

65

Liability for Co-Conspirators

A conspirator may be held liable for crimes committed by other conspirators if the crimes (1) were committed in furtherance of the objectives of the conspiracy and (2) were foreseeable.

66

Redline View on Felony Murder

holds that the killing of a felon by a police officer to prevent the felon's crime or escape cannot be the basis for felony murder.