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Criminal Law 1 > Criminal Law Final Exam > Flashcards

Criminal Law Final Exam Flashcards

1
Q

Two types of CL MR Intent

A

General intent

Specific Intent

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2
Q

What type of intent is burglary?

A

Specific Intent

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3
Q

What type of intent is larceny?

A

Specific Intent

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4
Q

What type of intent is murder?

A

Specific Intent

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5
Q

What type of intent is battery?

A

General Intent

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6
Q

What type of intent is arson?

A

General Intent

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7
Q

What type of intent is rape?

A

General Intent

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8
Q

What type of intent is manslaughter?

A

General Intent

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9
Q

Two types of evidence in proving MR

A

Direct Evidence

Circumstantial Evidence

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10
Q

What type of evidence is a credible eyewitness?

A

Direct Evidence

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11
Q

What type of evidence is physical evidence?

A

Direct Evidence

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12
Q

What type of evidence are statements by the Def?

A

Direct Evidence (5th Amendment and Miranda)

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13
Q

What are the 4 MPC MR elements (MR words)?

A

Purposely
Knowingly
Recklessly
Negligently

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14
Q

What are the 3 factors in AR?

A

Act
Omission
Possession

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15
Q

Vagueness Doctrine?

A

A constitutional rule that requires criminal laws to state explicitly and definitely what conduct is punishable. Criminal laws that violate this requirement are said to be void for vagueness. Vagueness doctrine rests on the due process clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution. By requiring fair notice of what is punishable and what is not, vagueness doctrine also helps prevent arbitrary enforcement of the laws.

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16
Q

What is the Act in AR?

A

Where a voluntary act is required.

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17
Q

What is the Omission in AR?

A

An instance where one SHOULD act. Like filing your taxes.

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18
Q

What is the Possession in AR?

A

Knowingly procured or received the thing possessed. Were aware of his control thereof for a sufficient period to have been able to terminate his possession

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19
Q

What is Purposely in MPC MR?

A

Conscious Objective to engage in the conduct or cause the result

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20
Q

Knowingly MPC MR?

A

Aware of the conduct’s nature or the circumstances existence

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21
Q

Recklessly MPC MR?

A

Consciously disregard a substantial and unjustifiable risk that the element will occur or exist

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22
Q

Negligently MPC MR?

A

SHOULD be aware of a substantial and unjustifiable risk that the element will occur or exist

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23
Q

Willful Blindness?

A

deliberate ignorance is a form of knowledge, not a substitute for knowledge

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24
Q

Transferred Intent examples

A

Shooting at a dog and killing a person

Throwing a rock at a person and breaking a window

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25
Q

Malum in se?

A

Where the act itself is evil/wrongful in nature. Murder is an evil act because the community thinks it to be evil and wrongful

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26
Q

Malum prohibitum?

A

Where the act is wrongful because it is prohibited by law. Not inherently evil. Speeding is malum prohibitum because statutes prohibit this type of action

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27
Q

Strict Liability in Criminal Law

A

Public Welfare Offense.

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28
Q

Inchoate?

A

That which is not yet completed or finished

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29
Q

What are 3 Inchoate Offenses? (ASC)

A

Attempt
Solicitation
Conspiracy

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30
Q

What are the 3 types of Attempted Crimes? (Tried but…)(3 Fs)

A

Tried but Failed (unsuccessful)
Tried but Foiled (interrupted/captured)
Tried but Fooled (impossible)

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31
Q

Two tests for Attempt at CL AR?

A

Proximity Test

Unequivocal Test

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32
Q

T/F For most states, the penalty for Attempt is less than the punishment available for the completed crime?

A

True. Often, the punishment is limited to half the maximum penalty. In some states (minority MPC), Attempt is punished just as severely as the completed crime

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33
Q

T/F Impossibility is a defense to Attempt.

A

False. Impossibility is NOT a defense to attempt

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34
Q

What is the CL MR of Attempt?

A

Cause with general intent

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35
Q

What is the MPC MR of Attempt?

A

Conduct: purposely engages in conduct
Result: with the purpose of causing it
Circumstances: the MR is unchanged from what it would be for the actual completed crime

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36
Q

Three factors for MPC crimes? (CRC)

A

Conduct
Result
Circumstances

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37
Q

Is there a defense for Attempt?

A

Yes, Abandonment

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38
Q

What is Abandonment MPC modern rule?

A

A defense for an Attempted crime, where the crime never occurs because you backed out. Prevented the commission of the offense, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose

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39
Q

What is Abandonment CL traditional rule?

A

No defense to this. Once the Defendant has crossed the line from preparation to attempt, the inchoate crime cannot be undone or erased

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40
Q

MPC for Solicitation?

A

“Commands, requests, or encourages another person to engage in specific conduct that would constitute” the crime, attempt, or complicity

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41
Q

Key difference between Attempt and Solicitation

A

There must be Purpose for all AR elements, unlike Attempt.

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42
Q

T/F Impossibility is NOT a defense for the crime of Solicitation?

A

True.

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43
Q

What is a defense to Solicitation?

A

Renunciation, where after soliciting the crime, the defendant then “persuaded him not to do so or otherwise prevented the commission in a “complete and voluntary renunciation of his criminal purposes”

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44
Q

Who is guility? A solicits B. B refuses.

A

A is guilty of solicitation

B is not guilty

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45
Q

Who’s guilty? A solicits B. B agrees

A

Both A and B are guilty and have formed a conspiracy

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46
Q

What happens if A solicits B, but the message is not received? (MPC)

A

A is guilty but B is not.

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47
Q

What are the different types of Theft? (7 of them) (L,LbyT,F,E,R,B,R)

A 
CL Larceny
Larceny by Trick
False Pretenses
Embezzlement
Receiving Stolen Property
Burglary
Robbery
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48
Q

Elements for Larceny (4) (CL)

A

Trespassory taking
carrying away
of personal property of another
with intent to permanently deprive

49
Q

Larceny by Trick

A

(a lie) the elements are the same for Larceny, minus the “taking”. Example: the victim knows that they are giving the property to the thief, but the thief lied to accomplish this

50
Q

False Pretenses

A

The elements are the same for Larceny by Trick, except for what is obtained from the victim. Where you get the title to the property that. Example: if the victim thinks they are giving the property to defendant temporarily, the crime is larceny by trick. But if the victim knows they are giving the property to defendant to keep forever, the crime is false pretenses

51
Q

Embezzlement

A

Conversion
of personal property]by a person in lawful possession
with intent to permanently deprive

52
Q

Receiving Stolen Property

A

Receiving possession of personal property
Knowing that it was obtained by theft or other criminal offense by another
With intent to permanently deprive the true owner

53
Q

Robbery

A 
Tresspassory taking and carrying away
of personal property of another
with the intent to permanently deprive
from the other's person or possession
by force or intimidation
54
Q

Burglary

A 
Breaking
and Entering
dwelling of another
in the nighttime
with intent to commit felony therein
55
Q

Complicity

A

An individual is complicit in a crime if they are aware of its occurrence and have the ability to report the crime, but fail to do so. As such, the individual effectively allows criminals to carry out a crime despite potentially being able to stop it from happening, either directly or by contacting the authorities. The offender is a de facto accessory to the crime, rather than an innocent bystander.

56
Q

AR of Conspiracy under CL

A

AR is a bilateral Agreement. There must be an overt act to commit a crime. Same for MPC. The conspiracy must merge with the completed act

57
Q

AR of Conspiracy under MPC

A

Same under CL. Agreement with an overt act to commit a crime. The conspiracy must merge with the completed crime

58
Q

What are the 3 scopes of Conspiracy?

A

Chain conspiracy
Hub and Spoke
Wheel

59
Q

Chain Conspiracy?

A

One large conspiracy involving all of the participants. The small agreements are links in an overall chain

60
Q

Hub and Spoke Conspiracy?

A

Separate conspiracy’s. The central hub interacts with each spoke, who are independent of each other

61
Q

Wheel Conspiracy

A

The spokes are also connected to each other as well as to the central hub. So it is one large conspiracy

62
Q

MPC of Conspiracy

A

“With the purpose of promoting or facilitating the commission of the offense.

63
Q

CL MR of Conspiracy

A

The Defendant has knowledge that he is joining a conspiratorial agreement

64
Q

Is Conspiracy a General Intent crime of a Specific Intent crime?

A

Specific Intent

65
Q

Defenses to Conspiracy

A

Limitations of Liability: Can’t be convicted as an accomplice to an offense if… he is an innocent instrumentality of the offense, victim of the offense, incapable of committing the offense, or his conduct is inevitably innocent to the crime’s commission

66
Q

T/F Leaving a Conspiracy is a complete defense (same for MPC and CL)

A

False. You are still guilty of the conspiracy charge, but you have no future liability. You have to advice the conspirators or tell police

67
Q

How do you end Complicity? (Defense)

A

Must give timely warning to police or otherwise use the proper effort. Must wholly deprive yourself of the effectiveness of the complicity before the offense is committed.

68
Q

What is Wharton’s rule?

A

if the definition of the crime requires two people to commit it, then those two cannot be charged with conspiracy. It is now demoted to presumption

69
Q

Homicide

A

Causation resulting in the death of a person (cause of death)

70
Q

AR of Homicide under CL

A

Unlawful
Killing
of a human being

71
Q

MR of Homicide under CL

A

Malice aforethought-Murder

No malice aforethought- Manslaughter

72
Q

AR of Homicide under MPC

A

Conduct- any act or omission
Circumstance- another/ human being
Result- Causes death

73
Q

MR of Homicide under MPC

A

Purpose, knowledge, recklessness, negligence plus several special rules just for homicide

74
Q

What are the 3 levels of Homicide?

A

1st Degree murder
2nd Degree murder
Manslaughter

75
Q

1st Degree murder? (CL MR)

A

willful, deliberate, and premeditated = express malice. Includes Felony murder

76
Q

2nd Degree murder? (CL MR)

A

intentional killing. “depraved heart” = implied malice. also, the heat of passion

77
Q

Manslaughter? (CL MR)

A

Negligence Crime.

78
Q

Two types of Manslaughter

A 
Voluntary Manslaughter (intentional killing)
Involuntary Manslaughter (unintentional killing)
79
Q

T/F Involuntary manslaughter is a specific intent crime

A

False. General intent (reckless or criminally negligent)

80
Q

What is Depraved Heart Murder in Involuntary Manslaughter?

A

Extreme indifference to the value of human life

81
Q

What makes the difference between Voluntary Manslaughter and 2nd Degree Murder?

A

In VM, there needs to be adequate provocation, raised by the Heat of Passion argument to reduce the conviction

82
Q

What are the adequate forms of provocation?

A

Serious battery or assault
Observing spouse in the act of adultery
There are others (mutual combat, witnessing serious crime against close relative)

83
Q

What are Inadequate forms of provocation?

A

Mere words, like insulting words (race or religion) or informational words (I’ve been cheating on you or I just killed/raped your child)

84
Q

MPC of Voluntary Manslaughter

A

Crime is still committed under the influence of extreme emotional or mental disturbance for which there is a reasonable explanation or excuse. All under the circumstances as he believes them to be. Still requires proof that the defendant was disturbed at the time of the killing

85
Q

AR of Rape under CL

A

Carnal knowledge (penetration)
of a woman (gender neutral)
forcibly
against her will (without consent)

86
Q

MR of Rape under CL

A

Just need General Intent to commit rape (reasonably knowing that you are having forced intercourse)

87
Q

Statutory Rape

A

Sexual intercourse with a victim that is below the age of consent (often 16 years old)

88
Q

5 types of Defenses (FOJEN)

A 
Failure of Proof
Offense modification
Justification
Excuse
Non-exculpatory public policy
89
Q

Failure of Proof Defense?

A

Lack of MR/AR

90
Q

Example of an Offense Modification defense

A

abandonment, etc

91
Q

Example of a Justification defense

A

Self Defense, necessity, etc

92
Q

Example of Excuse Defense

A

Duress, insanity

93
Q

Example of non-exculpatory public policy

A

statute of limitations, lack of jurisdiction

94
Q

Is self Defense a complete defense to a charged crime?

A

Yes, if the elements of Self Defense are present. The mistake of fact must be reasonable

95
Q

What is Self Defense at CL? (3 elements)

A
  1. Anyone other than an aggressor
  2. who anticipates immediate physical harm
  3. may use reasonable force in self-defense
96
Q

What are the 2 types of Reasonableness?

A

Objective (It was 4 on 1!)

Subjective (I was scared to death!)

97
Q

What are the 4 types of Self-Defenses?

A

Self Defense
Defense of others
Defense of Personal Property
Defense of Home

98
Q

T/F Mistake of Criminal Law is a Defense

A

False. Mistake of Criminal Law is NOT a defense

99
Q

T/F Soliciting someone to commit a crime is also Attempt

A

False. Solicitation is it’s own crime in itself. Attempt is something else

100
Q

T/F Abandonment of an attempt is not a defense under CL

A

True

101
Q

Can you steal services (rather than property)?

A

No. Theft only applies to stealing property

102
Q

What are the 5 kinds of AR elements under the MPC for Complicity/Conspiracy?

A 
Solicits
Aids
Agrees to aid
Attempts to aid
Omits a legal duty
103
Q

What are some examples of “Aiding and Abetting”?

A

Encourages, assists, or conspires

104
Q

If a defendant uses an innocent agent to commit a crime, does the defendant become an accomplice to that crime?

A

No

105
Q

Does the MPC merge a conspiracy charge into a subsequent attempt/completed object offense?

A

Yes

106
Q

Does the CL merge a conspiracy charge into a subsequent attempt/completed object offense?

A

No

107
Q

Does the MPC merge a solicitation into a conspiracy once the agreement is formed?

A

Yes

108
Q

Does CL merge the attempt of a crime into a completed offense?

A

Yes

109
Q

Does MPC merge the attempt of a crime into a completed offense?

A

Yes

110
Q

Is Conspiracy a General Intent or Specific Intent crime under CL?

A

Specific Intent

111
Q

Is Complicity a General Intent or Specific Intent crime under CL?

A

Specific Intent

112
Q

What is the Pinkerton Rule (liability)?

A

(associated with Conspiracy) rule imposes liability on the conspirator even if those offenses are actually performed by co-conspirators.

113
Q

Does the Pinkerton Rule apply under MPC?

A

No

114
Q

Does the Pinkerton Rule apply under CL?

A

Yes

115
Q

What determines the type of homicide, MR or AR?

A

MR

116
Q

M’Naghten Test

A

Insanity defense test that is purely cognitive. A disease of the mind caused a defect of reason so great that the defendant either didn’t know the nature and quality of his act or didn’t know it was wrong

117
Q

Is Involuntary Intoxication a Defense?

A

Yes

118
Q

Is Insanity a MR Defense?

A

No

119
Q

Is Insanity an Excuse?

A

Yes

Criminal Law 1 (1 decks)

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