Criminal Law All Flashcards
(134 cards)
1
Q
Elements of a Crime
A
- Actus Reus
- Mens Rea
- harmful result to person/society caused by act/omission
2
Q
Who writes the MPC
A
the American Law Institute
3
Q
What are the levels of culpability from greatest to least?
A
- purposely (intentionally)
- knowingly
- Recklessly
- Negligently
4
Q
What does Malum in Se mean
A
bad in itself
5
Q
what does Malum Prohibitum mean?
A
bad because we have outlawed it
6
Q
What is the difference in prison time for felonies and misdemeanors?
A
Misdemeanors = less than 1 year in jail
Felonies = more than 1 year in jail
7
Q
The Legality Doctrine
A
says we cannot create ex-post facto laws meaning that it is unfair to charge a defendant with a crime where the act/omission was not a crime when they committed it.
8
Q
What are the 3 collaries of criminal law statutes
A
- statutes should be understandable by the average person
- statutes should be interpreted narrowly for benefit of the defendant
- statutes should not give unfettered discretion to police and courts
9
Q
Burden of Production
A
requirement to produce evidence to support your claim
10
Q
Burden of Persuasion
A
Requirement to persuade fact finder that the evidence exists and is true
11
Q
How does a case go through the system?
A
Arrest, Booked, Bail, prelim hearing, grand jury, arraignment, discovery, plea negotiations, trial, acquitted or appeal, maybe a TN supreme court appeal, collateral attack
12
Q
Actus Reus
A
the guilty act
13
Q
what constitutes an actus reus?
A
(1) a physical act, omission or failure to act, possession and (2) it must be accompanied by some degree of voluntary volition, willfulness, or mindfulness and (3) there must be harm done.
14
Q
constructive possession
A
- power to obtain them
2. intent to use that power
15
Q
Constructive possession and Guests
A
guest retain dominion and control over their own property even in someone else’s home
16
Q
Harm
A
loss of value to society or parties involved
17
Q
MPC on Voluntariness: What’s not voluntary?
A
- reflex
- conduct during hypnosis
- unconscious bodily movement
- bodily movement not a product of an actor’s determination
18
Q
What are Ex Post Facto laws?
A
laws created to retroactively punish someone. they are illegal.
19
Q
Does every moral wrong require someone to do something?
A
No, unless there is a duty to act (most of the time there is no duty to act)
20
Q
5 Circumstances which require a legal duty to act
A
- voluntarily assumes car/ secludes them, prevents other help
- causes the dangerous situation
- assumes contractual duty
- statute imposes duty
- close relationship
21
Q
Voluntariness and Automatism
A
For there to be Actus Reus the act must be voluntary. Automatism is a valid criminal defense, but if a voluntary act affects the automatism and he knew it would, then it could be voluntary
22
Q
What are status crimes?
A
They punish existence and not actions. they are a violation of the 8th amendment because it is “cruel and unusual” to jail someone for just existing
23
Q
Name 2 examples of status crimes
A
vagrants and drug addicts
24
Q
Is the judicial branch bound by the ex post facto law doctrine?
A
No, the judicail branch is free to reevaluate and clarify common law rules without violating ex post facto or due process so long as application is not “Unexpected and Indefensible”
25
How much specificity should a law have?
Enough to give adequate notice of the prohibited conduct and do not permit arbitrary and discriminatory enforcement
26
Required Mens Rea under CL
general intent (necessary for all crimes) or specific intent (required to commit offense)
27
Required Mens Rea under MPC
levels of culpability
28
MPC Culpability Levels
1. Purposefully/Intentionally
2. Knowingly
3. Recklessly
4. Negligently
29
Purposely/Intentionally
conscious object
30
Knowingly
practically certain
31
recklessly
consciously disregard
32
negligently
should've been aware
33
Will deliberate ignorance negate culpability?
No, it's basically positive knowledge. Don't trust men named Ray in Tijuana
34
Mistake of Fact
Negates necessary state of mind but must be reasonable
35
Do strict liability crimes require a mens rea?
No.
36
Reckless Default Rule (CL)
when there is no statutory mens rea, it is satisfied by showing the act was done purposely, knowingly or recklessly
37
MPC: When is mistake of law a defense?
1. statute isn't generally known
2. reasonable reliance on a judicial decision
3. reliance on official interpretation
38
When will extreme voluntary intoxication negate mens rea?
where intoxication is so great that there is a great frustration of facilities which rendered a mental state totally lacking
39
Criminal version of Eggshell skull Plaintiff
you take the victim as you find them
40
Causation is the necessary link between . . .
an act/omission and the resulting harm
41
2 Prong analysis for Causation
1. But-For
| 2. Legal Proximate Cause
42
Causation: But For
- Objective
- D's act needs to only be significant
- Was D's act necessary or sufficient in causing V's death?
43
Causation: Legal Proximate Cause
- Subjective
| - Conduct must be related to the result in a sufficiently strong way
44
Hypo: D1 fatally shoots V but before V dies, D2 comes in and inflicts an immediate fatal shot. Who is guilty?
Courts are split:
1. Both are guilty of murder
2. 1st D is guilty of assault(or attempt?) and D2 is guilty of murder
45
Elements of Conspiracy
1. Agreement
2. Intent
3. Overt Act
46
how do you form an agreement for conspiracy?
need not be expressed; inferred from actions; meeting of the minds
47
Bilateral Conspiracy
Common law; at least 2 people must have requisite intent to conspire (undercover cop doesn't count)
48
Unilateral Conspiracy
MPC; modern approach; inly 1 person needs the mens rea to conspire
49
Abandonment of Conspiracy under common law
abandonment will limit liability but not absolve; withdrawal must be communicate to all participants
50
Abandonment of Conspiracy under MPC
requires affirmative defense that thwarts the conspiracy in a manner that demonstrates complete and voluntary renunciation
51
Merger of Offenses of Conspiracy
MPC - can only be convicted of one
Common Law - can be convicted of both
52
conspiracy agreement may be inferred by . . .
circumstantial evidence and concert of action
53
True or False: conspiracy ends when object of it becomes impossible
FALSE. The crux of a conspiracy is the agreement
54
Does knowledge of a crime = purpose? Factors?
No. (People v. Lauria)
1. does D have a significant stake in crime?
2. is there a legit purpose of the business?
3. is the majority of the business based on illegal activity or jacked prices?
55
Conspiracy: Intent
intent to enter agreement + intent to achieve the objective of the agreement (target crime)
56
Conspiracy: Overt Act
act in furtherance of conspiracy, by a member of the conspiracy. Mere Preparation is sufficient
Not required at common law, but modern trend is to require it
57
Conspiracy: Forming Agreement
need not be expressed; inferred from actins; meetings of the minds
58
Pinkerton Rule: Conspiracy
if another member of a conspiracy completes another crime, everyone in conspiracy can be held liable if the crime was foreseeable. Common Law
59
Who rejects the Pinkerton Rule?
MPC
60
Conspiracy: Wharton's Rule
when an offense, which was the object of the conspiracy, necessarily requires 2+ people for its commission, a separate conspiracy charge cannot be maintained against those involved. I.e. bigamy, dueling, bribe, incest
61
Homicide is a legally ______ term
neutral
62
Accidental Homicide
no criminal liability
63
Justifiable Homicide
killing justified under the facts
64
Excusable Homicide
D's criminal liability excused by D's mental condition
65
Criminal Homicide
all other forms of death at hands of another
66
Common law = all homicides were punishable by
death
67
2 categories of homicide under common law
1. Murder - killing with malice aforethought
| 2. Manslaughter - killing without malice aforethought
68
Pennsylvania Reform of Homicide
1. Murder in the 1st
2. murder in the 2nd
3. voluntary manslaughter
4. involuntary manslaughter
69
What is malice aforethought?
express/implied; extreme indifference to human life as evidenced by state of mind
1. intention to kill
2. intention to inflict serious bodily harm
3. extreme reckless disregard for human life (depraved heart)
4. intention to commit another dangerous felony and death results
70
How do you prove an intent to kill?
Natural and Probable Causes Doctrine
71
What is the natural and probable causes doctrine?
presumes a person intends N&PC of his voluntary act
72
What is manslaughter under the common law?
killing of another without malice aforethought; without excuse or justification
A killing done in sudden heat of passion as a result of adequate provocation
73
3 Categories of Homicide under MPC
1. Murder
2. Manslaughter
3. Negligent murder
74
MPC Murder
purposely, knowingly, recklessly under circumstances manifesting extreme indifference to human life
75
MPC Manslaughter
recklessly kills another as a result of extreme mental or emotional disturbance
76
MPC Negligent Murder
negligently kills another
77
Is Motive a required element?
No, but it is helpful to show
78
Adequate Provocation
1. Mutual Affray(slit throat after fight)
| 2. Adultery
79
Felony Murder
(an unintentional homicide); D can be found guilty of murder if occurred during the commission or attempt to commit certain enumerated felonies
80
Voluntary Manslaughter at Common Law
Intentional killing; reduced if:
1. sudden heat of passion
2. sufficient for ordinary person to lose control
3. insufficient time for passion to cool
adequate provocation
81
Unintentional Homicide
(gross negligence or depraved heart)
1. invol. Manslaughter
2. vehicular homicide
3. 2nd degree murder
4. felony murder
82
Justification and Excuse require D to
acknowledge he did the crime and had culpable mental state; applied to deadly and nondeadly force
83
Justification
recognizes difficult choices to be made; must be necessary, proportional, and reasonable belief
84
Justification Examples
self-defense; defense of others; law enforcement; defense of property, etc
85
Excuse
society excuses behavior due to disability of D - result is something that usually does not benefit society
86
Excuse Examples
Duress, insanity, etc
87
Justification and excuse at MPC
no distinction, just important that society recognize that criminal sanction are not important
88
Defensive Force at Common Law
1. reasonable fear of death/ serious bodily injury
2. imminent/unlawful threat
3. invites proportional response
4. D didn't start it
5. maybe a duty to retreat
89
Defensive Force at MPC
1. Honest belief force is necessary (subjective)
2. relaxed immediacy requirement (no longer imminent)
3. proportional response - broader (includes kidnapping and rape)
4. initial agressor rule
5. duty retreat (unless at home, work, or public officer in official capacity)
90
Necessity
D chooses lesser of two evils; danger should be eminent, actor must have clean hands, defense of last resort
91
Duress
Actor's will is overborne by threats; coercer must threaten death/great bodily injury (not property or money or dogs); threat must be imminent; D must have clean hands
92
Excuse Defense: Entrapment Definition
criminal act admitted but excused as a matter of public policy
93
Entrapment Majority View
2 step process:
1. D induced by law enforcement
2. D did not have intent or predisposition to commit crime until induced by law enforcement; SUBJECTIVE
94
Entrapment Minority View
the government's tactics were of such a nature that they would have induced an innocent person to commit a crime; OBJECTIVE
95
Mental Illness as a Defense
admit you did it, but excused as a matter pf public policy
96
True or False: You need D's permission to raise Mental Illness as a Defense
True
97
True or False: you need D's permission to raise a competency to stand trial issue
False, it can be raised by attorney, prosecutor, or judge
98
M'Naghten Test
if at the time of the act D was laboring under such a defect of reasoning arising from a mental disease or defect that D didn't know if he did/ didnt know right from wrong
99
MPC insanity
2 prongs: cognition or volition
100
Agency Theory
D1 is not liable for the death of D2 because both were acting in concert and accepted the associated risks [People v. Washington]
101
Causation Theory
D1 is liable for the death of D2 because he set the ball in motion so to speak [People v. Hickman]
102
3 types of intervening causes
1. acts of god
2. acts by 3rd party
3. temporal
103
6 elements of intervening causes
1. dependent
2. independent
3. free deliberate informed human intervention
4. apparent safety doctrine
5. acts of nature
6. medical treatment
104
what is necessary for attempt under MPC?
substantial step (mere preparation is not enough)
105
what is necessary for attempt under common law?
Proximity
106
When is solicitation complete?
upon request and it requires no additional corroboration
107
Elements of Attempt
1. intent to commit the crime
| 2. intent to commits act necessary to accomplish the crime beyond mere prep
108
7 things that count as a substantial step to prove attempt under the MPC
1. lying in wait
2. enticing or seeking to entice the contemplated victim
3. stake out the place for the contemplated commission of the crime
4. the unlawful entry of a structure
5. possession of materials to be employed in the crime
6. possession, collection, or fabrication of materials to be employed
7. soliciting an innocent agent to engage in conduct constituting an element of the crime
109
what is complicity?
a legal theory
110
Complicity: 2 theories of liability
Accomplice & Co-conspirator
111
what is an accomplice?
D who assists another in commission of crime; not a separate crime - theory of joint liability
112
what is a co-conspirator?
D who is a part of a criminal agreement to commit a crime; actual assistance is not required; separate inchoate crime of conspiracy
113
Complicity levels at CL
1. Principal in 1st degree - person who commits the crime
2. Principal in 2nd degree - person who aids, commands, assits and is present (actually or constructively)
3. Accessory before the fact - same as above BUT not present
4. Accessory after the fact - person with knowledge of principal's guilt assists in avoiding arrest, trial, conviction
114
Complicity levels at CL that provide the parties are guilty of the initial crim
Principal in 1st and 2nd and Accessory before the fact
115
Complicity level at CL that provide the party has a lesser punishment for the crime
accessory after the fact
116
Complicity levels at MPC
1. Principal in the 1st - person with required mental state commits the crime (need not be tried and convicted first to get rest)
2. Accomplice - any person with intent to assist the principal and intent that the crime be committed (equally liable as the principal)
3. Accessory after the fact - person who knowing the principal's guilt assists in escape, avoidance of arrest, trial or conviction (treated as separate crime)
117
Legal impossibility under CL
is a defense
118
impossibility under MPC
not a defense; no difference between legal and factual expect pure legal impossibility
119
Elements of Culpability MPC
1. Conduct
2. Attendant Circumstances
3. Result of conduct
120
Mistake of law and fact Modern View
either can work if the mistake negates the culpability element
121
What kind of defense is voluntary intoxication?
not a complete defense
| ex. 1st degree --> 2nd / purposely --> knowingly
122
Attempt: Steps taken for an intentional crime
1. idea
2. pros and cons
3. fully formed intent
4. preparation
5. commences with commission
6. completion
123
Attempt elements
1. intent to commit target crime
| 2. intent to commit acts necessary to accomplish the crime (beyond mere prep)
124
Solicitation Renunciation
defense is under MPC but not under Common Law
125
TRUE or FALSE: attempt and solicitation are crimes that will merge into the completed crime if done successfully
TRUE
126
proper premeditation and deliberation for 1st degree murder
1. conduct before hand
2. D's prior relationship with victim (need for motive)
3. Nature of the killing
127
Complicity: Dual intent
1. intent to assit
| 2. intent that the crime be committed
128
Robbery
aggravated theft; a taking from the person accomplished by force or threat (probably use of deadly weapon)
129
Burglary
the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony therein (expanded: daytime, intrusions, other buildings)
130
Theft
trespassory taking and carrying away property from the possession of another with intent to permanently deprive the owner of the property
131
Rape (common law)
woman must resist to the utmost; consensual intercourse between non-spouses was illegal
132
Rape (MPC)
outdated and of little consequence to development of the law; currently being drafted
133
Rape (American Traditional View)
accomplished by force, against the will and without the consent of the woman
134
Rape: Focus
lack of consent (fraud and incapacity)
