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Must Know Bar Exam > Criminal Law and Procedure > Flashcards

Criminal Law and Procedure Flashcards

(47 cards)

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1
Q

specific intent crimes include

A
  • inchoate offenses (attempt; conspiracy; solicitation)
  • first-degree murder
  • assault with intent to commit battery; and
  • theft offenses
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2
Q

malice crimes include

A
  • common law murder
  • arson
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3
Q

general intent crimes include

A
  • battery
  • rape
  • kidnapping
  • false imprisonment
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4
Q

strict-liability crimes include

A
  • statutory rape
  • bigamy
  • regulation of food and drugs
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5
Q

MPC levels of intent

A
  • purposely
  • knowingly/willfully
  • recklessly
  • negligently
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6
Q

what are the four requirements for every crime

A
  1. actus reus
  2. mens rea
  3. causation
  4. concurrence of actus reus and mens rea
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7
Q

how does mistake of fact as a defense work?
* can negate criminal intent (must be an honest mistake)(can be unreasonable)
* defense to specific-intent crimes, (can be unreasonable)(only if reasonable)
* is a defense to general-intent or malice crimes (can be unreasonable)(only if reasonable)

A
  • may negate criminal intent (if an “honest mistake”)
  • defense to specific-intent crimes (even if unreasonable)
  • defense to general-intent or malice crimes (only if reasonable)
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8
Q

what is the M’Naughten insanity test

A

because of a defect due to a mental disease, D did not know either (1) the nature and quality of the act; OR (2) the wrongfulness of the act

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9
Q

what is the irresistable impulse test

A

D lacked the capacity for self-control and free choice due to mental disease or defect (inability to conform conduct to the law)

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10
Q

what crimes is voluntary intoxication a defense to?

A
  • specific intent crimes if it prevents the formation of the required intent
  • MPC crimes that have a mental state that is “purposely” or “knowingly” where it prevents the formation of that mental state
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11
Q

when is involuntary intoxication a defense to a crime?

A

when it negates an element of any non-strict liability crime; and when it negates the voluntary aspect of a strict liability

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12
Q

what is murder?

A

the unlawful killing of another living human being with malice aforethought

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13
Q

how do you show malice aforethought for murder?

A
  • intent to kill
  • intent to do serious bodily injury
  • reckless indifference to human life
  • intent to commit an inherently dangerous felony (felony murder)
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14
Q

what felonies are “inherently dangerous” for the purpose of the felony murder rule?

A
  • burglary
  • arson
  • robbery
  • rape
  • kidnapping
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15
Q

what is the agency theory of felony murder?

A
  • majority positition
  • D is not liable for a bystander’s death caused by a felony victim or police officer
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16
Q

what is the proximate cause theory RE: felony murder?

A
  • minority position
  • a bystander’s death falls under FMR because the death is a direct consequence of the felony
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17
Q

felony murder: is a D liable for a co-felon’s death by a victim or police officer?

A

no

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18
Q

does the felony murder rule encompass death occurring after flight from the scene of the crime?

A

no

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19
Q

what generally constitutes statutory first degree murder?

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A
  • deliberate and premeditated (D had time to reflect) murder OR
  • felony murder
20
Q

what is second-degree murder?

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A

a malice crime committed with the necessary malicious intent (common-law murder), or the default category if not first-degree murder

21
Q

what is voluntary manslaughter?

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A

a homicide committed with malice aforethought, but also with mitigating circumstances (i.e. heat of passion or an imperfect defense)

22
Q

what is involuntary manslaughter

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A

an unintentional homicide committed with criminal negligence or during an unlawful act

23
Q

what is larceny

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A

trespassory taking and carrying away of the personal property of another with the specific intent to permanently deprive the owner of the property

24
Q

what is larceny by trick

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A

larceny accomplished by fraud or deceit that results in the conversion of the property of another

25
what is forgery
making of a false writing with apparent legal significance and with the intent to defraud
26
what is embezzlement
fraudulent conversion of the property of another by a person who is in lawful possession of the property
27
what is false pretenses
obtaining title to the property of another person through the reliance of that person on a known false representation of a material past or present fact and the representation is made iwh tthe intent to defraud
28
what is larceny
larceny from the person or presence of the victim by force or intimidation
29
what is extortion
the taking of money or property from another by threat (threat does not need to be of immediate harm or of a physical nature)
30
what is burglary at common law
breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony therein
31
what is arson at common law
malicious burning of the dwelling of another
32
what is the crime of battery
unlawful application of force to another person that causes bodily harm to that person or constitutes an offensive touching
33
what is the crime of assault
an attempt to commit a battery OR intentionally placing another in apprehension of imminent bodily harm
34
what is the crime of mayhem
a common-law felony battery that causes the dismemberment or permanent disfigurement of a person
35
what is the crime of kidnapping
the unlawful confinement of a person against that person's will, coupled with either (1) the movement OR (2) the hiding of that person
36
what is the crime of false imprisonment
the unlawful confinement of a person without consent
37
what is the crime of rape at common law
unlawful sexual intercourse with a female against her will by force or threat of immediate force
38
how have most modern statutes modified the common law crime of rape
* gender neutrality * replacing the force requirement with lack of consent
39
what is merger RE: inchoate crimes
D may be tried, but not punished, for solicitation/attempt AND the completed crime ## Footnote under the MPC, more than one inchoate offense; conspiracy and attempt do not merge under the common law
40
what is the crime of solicitation
enticing, encouraging, requestion, or commanding another person to commit a crime wiht the intent that the other person commits the crime | MPC--voluntary renunciation defense if D thwarts commission of crime
41
what is the crime of conspiracy | talk about bilateral vs unilateral conspiracy too
an agreement to accomplish an unlawful purpose with the intent to accomplish that purpose * unilateral conspiracy--(modern trend/MPC) may be formed when only one party actuall agrees * bilateral conspiracy--(common law) requires both parties to agree
42
talk about overt act RE: conspiracy
* common law--no overt act * majority/federal law/MPC--require overt act in furtherance UNLESS the conspiratorial crime is a first or second-degree felony
43
what is the Pinkteron rule RE: conspiracy
a conspirator is liable for conspiracy and the co-conspirators' substantive crimes committed in furtherance of the conspiracy
44
is D liable for conspiracy if D withdrew from the conspiracy
* federal/majority rule--withdrawal possible before commission of an overt act, but D must give notice to co-conspirators or police * MPC/minority rule--subsequent withdrawal possible onyl if D acts voluntarily to thwart success of conspiracy
45
what is the crime of attempt
a substantial step toward commission of a crime, coupled with the specific intent to commit the crime | impossibility: factual not a defense; legal is a defense ## Footnote abandonment is not a defense after completion of actus reus (substantial step or dangerous proximity) after completion of the crime, the attempt merges into the completed crime
46
what are the specific defenses to a crime
* self-defense * defense of others * defense of property * arrest (by police) * duress * necessity * consent * entrapment
47
what is the Pinkerton rule
conspirator is liable for any crimes committed by co-conspirators in furtherance of the conspiracy

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