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Flashcards in Criminal Law Deck (56)
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1

What is homicide? What are the two types?

Unlawful taking of the life of another.
1. Murder
2. Manslaughter

2

What is murder?

Unlawful killing of another person with malice aforethought.

3

How is malice established?

1. Intent to kill (can be inferred from deadly weapon)
2. Intent to cause substantial bodily injury
3. Reckless indifference to human life (“depraved heart” murder)
4. Intent to commit dangerous felony

4

What are inherently dangerous felonies?

BARK
Burglary
Arson
Rape
Robbery
Kidnapping

5

What is the felony murder rule?

Intent to commit dangerous felony that results in death during commission of felony will supply malice necessary for murder.

6

Is a defendant liable for the death of a co-felon in the commission of a dangerous felony?

No.

7

Is a defendant liable for the death of a bystander if a nonfelon (cop, bystander, etc) kills them?

No.

8

Can intent transfer in murder?

Yes

9

What are the two types of manslaughter?

Voluntary and involuntary

10

What are the two types of voluntary manslaughter?

Heat of passion and imperfect self-defense

11

What is heat of passion manslaughter?

Murder can be reduced to voluntary manslaughter if D acted in heat of passion and:
1. He was reasonably provoked (reasonable person would lose control)
2. No cooling off time

12

What is imperfect self-defense?

Murder can be reduced to voluntary manslaughter if
1. D makes UNREASONABLE mistake about need for self-defense, or
2. D started the altercation

13

How can someone be eligible for involuntary manslaughter?

1. Gross negligence (disregard of substantial danger of bodily harm/death)
2. Misdemeanor-manslaughter - commits misdemeanor and death accidentally occurs

14

What are the statutory murders?

1st and 2nd degree

15

What is 1st degree murder?

1. Premeditation and deliberation (only requires a moment), acted in cool/dispassionate manner
2. Dangerous felony murder (BAARK)

16

What is 2nd degree murder?

If murder isn’t 1st degree, but doesn’t qualify for manslaughter.

17

What are the inchoate crimes?

Solicitation, conspiracy, attempt.

18

What is solicitation?

If one requests/encourages another to commit a crime with intent that person commit crime (whether or not they agree)

19

What is conspiracy?

Agreement between 2 or more persons who intent to commit crime.

20

Can agreement for conspiracy be implied?

Yes.

21

Is knowledge of a conspiracy sufficient to establish intent?

No.

22

Is an overt act required to create a conspiracy?

At common law, no. It was completed when agreement made.
Majority of jurisdictions now require it, however.

23

Is one person seriously agrees to criminal plan, but the other person only jokingly does, is it conspiracy?

At common law, no. Required two guilty minds.

However, modernly, a “unilateral” conspiracy is sufficient.

24

Are conspirators liable for the crimes of co-conspirators?

Only if committed:
1. In furtherance of conspiracy
2. Foreseeable

25

Are there any defenses to conspiracy?

A person CANNOT withdraw from the conspiracy, but they CAN withdraw from future crimes if they communicate withdrawal and take affirmative steps to withdraw.

26

Is factual impossibility a defense to conspiracy?

No.

27

What is attempt?

Act done with intent to commit a crime and a substantial step taken.

28

Is mere preparation sufficient for attempt?

No.

29

Does solicitation merge with actual crime?

Yes.

30

Does attempt merge with actual crime?

Yes.