Criminal Law General Deck

Question 1

Vagueness

Answer 1

Constitutional limitation on criminal statutes based on due process.

To satisfy this requirement, there must be 1) fair warning (a person of ordinary intelligence must be able to discern what is prohibited) and 2) no arbitrary and discriminatory enforcement.

Question 2

Substantive limitations on federal and state legislatures for criminal statutes

Answer 2

1) no ex post facto laws and 2) no bills of attainder

Question 3

Standard of interpretation for criminal statutes

Answer 3

Strict, in favor of defendants. If two statutes address the same subject matter, the more specific statute will be applied, and more recent statutes control over older. New comprehensive codes are generally NOT retroactive

Question 4

Merger under Common Law

Answer 4

If person engaged in conduct that is both a felony and a misdemeanor, can be CONVICTED only of the felony–misdemeanor merged into the felony

Question 5

Merger under modern law

Answer 5

Generally no merger of crimes (mids. into felony) in American Law

BUT SOLICITATION AND ATTEMPT MERGE:
If person solicits another to commit a crime, may not be convicted of BOTH solicitation and the completed crime (if person does complete it).

If person completes crime after attempt, may not be convicted of BOTH attempt and completed crime.

NOTE EXCEPTION: Conspiracy DOES NOT MERGE with completed crime, aka may be charged with both conspiracy and crime

Question 6

M.P.C. limits to convictions for inchoate crimes

Answer 6

D may not be convicted of more than one inchoate crime (attempt, conspiracy, solicitation) when conduct designed to culminate in commission of same offense, aka D who conspired to commit burglary and actually attempted burglary can’t be charged w both conspiracy and attempt

Question 7

Double Jeopardy

Answer 7

Prohibits trial/conviction for lesser included offense if D has been “put in jeopardy” for greater offense

Question 8

Multiple convictions for same transaction

Answer 8

Double Jeopardy not allowed; BUT court can impose multiple punishments at single trial for two/more statutorily defined offenses specifically intended by legislature to carry separate punishments EVEN IF offenses arise from same transaction and constitute the same crime (statutory exception to double jeopardy)

Question 9

Jurisdiction over crime

Answer 9

State has jurisdiction over a crime if either the conduct or the result happened in that state.

additionally–if crime involved NEGLECT OF DUTY imposed by law of the state; or attempt/conspiracy outside the state PLUS an act IN the state, OR attempt/conspiracy in the state to commit an offense outside the state

Question 10

ACT (actus reus)

Answer 10

An act can be any bodily movement, but the act must be a VOLUNTARY ACT–non-voluntary movements do not qualify for criminal liability

Question 11

Involuntary acts/bodily movements that do NOT qualify for criminal liability

Answer 11

1. conduct which is not the product of one’s own volition
2. a reflexive or convulsive act (e.g. seizure)
3. an act performed while unconscious or asleep

Question 12

Omissions as Acts

Answer 12

5 circumstances when legal duty to act:

1. By statute (e.g. req’d to file tax returns)
2. By contract (e.g. nurse or lifeguard b/c employment contract, but ONLY when on duty)
3. Because of relationship between parties (parent, spouse)
4. Because you voluntarily assume duty of care then fail to adequately perform it (Shaq hypo, “I’ll save him”)
5. Because your conduct created the peril

Question 13

Common Law Mental States of a Crime

Answer 13

1) Specific Intent
2) Malice Crimes
3) General Intent Crimes
4) Strict Liability Crimes

Question 14

Specific Intent Crimes

Answer 14

1) Solicitation
2) Conspiracy
3) Attempt
4) First Degree Murder
5) Assault
6) Larceny
7) Embezzlement
8) False Pretenses
9) Robbery
10) Burglary
11) Forgery

NOTE: Specific Intent crimes qualify for TWO additional defenses!

1) voluntary intoxication
2) unreasonable mistake of fact

Question 15

Students Can Always Fake A Laugh Even For Ridiculous Bar Facts

Answer 15

Solicitation, Conspiracy, Attempt, First Degree Murder, Assault, Larceny, Embezzlement, False Pretenses, Robbery, Burglary, Forgery–the specific intent crimes.

Question 16

Malice Crimes

Answer 16

1) Murder (CL or 2nd degree Murder)
2) Arson

these crimes require “reckless indifference” not specific intent

Question 17

General Intent Crimes

Answer 17

1) Battery
2) Rape
3) Kidnapping
4) False Imprisonment

Question 18

Strict Liability Crimes

Answer 18

1) Statutory Rape
2) Selling Liquor to minors
3) Bigamy

NOTE: when crime is in admin, regulatory or morality area and you don’t see any adverbs like “knowingly” “willfully” or “intentionally” then statute meant to apply regardless of intent and becomes crime of strict liability

Question 19

Specific Intent Mens Rea

Answer 19

When crime requires not only doing an act, but doing so with specific intent or objective (i.e. assault–intent to commit a battery).

SUBJECTIVE TEST (what D was thinking at time)

Question 20

Malice Mens Rea

Answer 20

a reckless disregard of an obvious or high risk that a particular harmful result will occur

SUBJECTIVE TEST (What D was thinking at the time)

Question 21

General Intent mens rea

Answer 21

an awareness of factors constituting the crime (or for some circumstances, aware of a high likelihood that they will occur)

SUBJECTIVE TEST (what D was aware of/thinking of at the time)

juries MAY INFER general intent merely from the doing of an act

Question 22

Strict Liability mens rea

Answer 22

NO INTENT is required for liability under SL crimes therefore any defense that negates intention DOES NOT APPLY (e.g. mistake of fact–thought V was older–is not available)

Question 23

M.P.C. mental states

Answer 23

1) Purposely
2) Knowingly
3) Recklessly
4) Negligently

Question 24

Purposely (MPC State of Mind)

Answer 24

One acts purposely when his CONSCIOUS OBJECT to engage in certain conduct or cause a certain result

SUBJECTIVE TEST (what D was thinking at the time)

Question 25

Knowingly (MPC State of Mind)

Answer 25

Person acts knowingly when he is AWARE that his conduct will very likely cause the result

SUBJECTIVE TEST (what D was thinking at the time)

NOTE: this is not the long form definition, see study notes

Question 26

Recklessly (MPC State of Mind)

Answer 26

Person acts recklessly when he CONSCIOUSLY DISREGARDS a SUBSTANTIAL AND UNJUSTIFIABLE risk that constitutes a gross deviation from the standard of care

this is a SUBJECTIVE TEST (wrt ‘consciously disregards’–was D conscious of risk he ignored?) and OBJECTIVE TEST (wrt the unjustifiable risk)

Question 27

Negligently (MPC State of Mind)

Answer 27

Person acts negligently when he fails to be aware of a SUBSTANTIAL AND UNJUSTIFIABLE RISK (if such failure is a substantial deviation from standard of care)

OBJECTIVE TEST (unlike torts, ask did D take a ‘very unreasonable’ risk

Question 28

Transferred Intent

Answer 28

When intent (to kill, harm etc) transfers from intended victim to actual victim, so e.g. mean to kill A, but miss and kill B instead, intent to kill A transfers and guilty of FDM of B.

ALWAYS guilty of TWO crimes under transferred intent:
1) FDM of actual victim and 2) attempted murder of intended victim