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Flash Cards > Criminal Law [the essentials] > Flashcards

Criminal Law [the essentials] Flashcards

1
Q

State Jurisdiction Over a crime

A

GENERALLY (1) if act committed in state (2) act outside the state caused a result in the state

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2
Q

Merger

A

CL: if person has engaged in a felony + misdemeanor–can only be convicted of the felony

Modern Law::
GENERALLY: no merger overall
Exceptions:
-solicitation + completed crime = merges into completed crime
-attempt + completed crime = merges into completed crime
-conspiracy does NOT merge with completed crime

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3
Q

Elements of a Crime

A

(1) Physical Act [actus rectus] (2) mental state [mens rea] (3) causation (4) concurrence

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4
Q

Elements of a Crime: Physical Act [1]

A

Physical Act: Voluntary physical act or failure to act
Exceptions: conduct that is not the result of the Ds volition
-ex: seizure/truly sleepwalking

Omission as Act: (1) there is a legal duty to act (2) the D has knowledge of the facts giving rise to that duty (3) it is reasonably possible to perform duty

(1) statute (2) contract [lifeguard/nurse] (3) relationship between the parties [parent/child] (4) voluntary assumption of care (5) D created the peril

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5
Q

Elements of a Crime: Mental State [2]

A

Specific Intent Crimes [qualify for additional defenses]
STUDENTS CAN ALWAYS FAKE A LAUGH EVEN FOR RIDIC BAR FACTS

Solicitation
Conspiracy
Attempt
First Degree Pre-meditated murder:
Assault
Larceny
Embezzlement
False Pretenses
Robbery
Burglary
Forgery

Extra Defenses: (1) voluntary intoxication (2) unreasonable mistake of fact

Malice: 2nd degree murder + arson

General Intent: everything else
-all crimes that are not specific intent and not 2nd degree murder or arson
Ex: battery, rape, kidnapping, false imprisonment

Strict Liability: No mens rea requirement
-D is guilty just from committing the act
INCLUDES:
statutory rape
selling booze to minors
bigamy (in some jurisdictions)

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6
Q

Transferred Intent

A

D intended harm to different victim/object but hurt third party

Applies to: homicide, battery, arson

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7
Q

Concurrence of mental state with act [3]

A

D must have necessary intent at time act committed and intent prompted act

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8
Q

Causation [add-on]

A

Some crimes (like homicide) require result and causation
When required: Ds behavior must be cause-in-fact and proximate cause

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9
Q

Accomplice Liability [Modern]

A

Principal: one with requisite mental state who actually engages in the act or omission that causes the criminal result
Accomplice: one who aids, advises or encourages principal to commit illegal act
Accessory after the fact: person who aids another to escape knowing they committed a felony

Mental State Required for AL:
(1) intent to assist principal in commission of crime (2) intent that the crime be committed

Withdrawal: must occur BEFORE crime occurs
(1) must repudiate encouragement (2) must attempt to neutralize any assistance (3) must notify police/take action to prevent crime

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10
Q

Inchoate Offenses

A

INCOMPLETE CRIMES
Conspiracy
Solicitation
Attempt

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11
Q

Conspiracy

A

NO MERGER
SPECIFIC INTENT CRIME

Conspiracy: (1) agreement between 2 or more people (2) intent to enter into agreement (3) intent to achieve objective of agreement
-most states require an OVERT act [mere prep usually OK]

(1) Agreement
2 Approaches
Modern Trend [unilateral approach]: only one party has to have genuine criminal intent [so could get convicted with undercover cop]
Tradition (CL) Rule: [bilateral approach]: at least 2 parties must have criminal intent

Termination of Conspiracy:
important because statements only admissible when made in furtherance
-usually terminates upon completion of wrongful objective
-UNLESS agreed to in advance–acts of concealment not part of it

Liability for Co-Conspirators Crimes:
may be held liable if crimes were (1) committed in furtherance of objective of conspiracy AND (2) were foreseeable

Defenses:
Withdrawal is generally not a defense
-can’t withdraw from liability from conspiracy itself, but can withdraw from liability for co-C’s subsequent crimes

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12
Q

Solicitation

A

MERGES

Asking another person to commit a crime with intent that the person commit a crime
person being solicited does NOT need to agree

Defense:
Factual impossibility because solicitee not convicted is NOT a defense
-Withdrawal may be a defense if D prevents commission of crime

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13
Q

Attempt

A

Act done with intent to commit a crime that falls short of committing it
(1) specific intent to commit the crime attempted (2) overt act in furtherance

Overt Act: means an act BEYOND mere prep
TRADITIONAL/PROXIMITY TEST: act is “dangerously close” to successful completion
MODERN/MAJORITY TEST: substantial step in course of conduct planned to culminate in crime

Defenses:
Abandonment
CL = no defense
MPC = defense if fully voluntary + complete
Legal Impossibility: if what was done is not actually a crime than = defense
Factual Impossibility: not a defense

Prosecution for attempt: D charged with attempt + completed crime = can only be found guilty of one of them

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14
Q

Common Law Murder

A

UNLAWFUL KILLING OF HUMAN BEING WITH MALICE AFORETHOUGHT

States of mind:
1) intent to kill
2) intent to inflict great bodily injury
3) reckless indifference to an unjustifiably high risk to human life (depraved heart murder) OR
4) intent to commit a felony (felony murder rule)

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15
Q

Voluntary Manslaughter [modern statutory levels]

A

Heat of Passion

Killing that would be murder but existence of adequate provocation

(1) provocation that would arouse sudden + intense passion in mind of ordinary person
(2) D was provoked
(3) not sufficient time between provocation + killing for passions of reasonable person to cool
(4) did NOT in fact cool off

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16
Q

Involuntary Manslaughter [modern statutory levels]

A

Killing that was committed with (1) criminal negligence (or recklessness under MPC) OR (2) in some states–during commission of unlawful act (misdemeanor or felony not included in FM)

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17
Q

1st Degree Murder

A

(1) Deliberate and Premeditated: D made decision to kill in cool + dispassionate manner + actually reflected on idea of killing

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18
Q

Felony Murder

A

killing committed during commission of (or attempt of) a felony [BARRK]
MAJ RULE = killing of police officer = 1st degree

Limitations:
-felony must be distinct from killing
-death must have been foreseeable
-death must have been caused prior to “immediate flight”

Minority: Proximate Cause Theory: Felons liable for deaths of innocent victims caused by someone other than co-felon
Majority: Agency Theory: killing must have been done by felon or accomplice
-limited exceptions like using someone as a shield

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19
Q

2nd Degree Murder

A

Usually classified as “depraved heart” killing–killing done with reckless indifference to an unjustifiably high risk to human life
-anything that is not 1st

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20
Q

Homicide + causation

A

General homicide reqs:
(1) Causation: Ds conduct must be cause-in-fact + proximate cause of Vs death
CIF: result would not have occurred “but for” Ds conduct
Proximate Causation = Result is probable + natural consequence of conduct

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21
Q

Battery

A

GENERAL INTENT

unlawful application of force to another person resulting in either bodily injury or offensive touching

22
Q

Aggravated Battery

A

[mostly treated as a felony]
-battery with a deadly weapon
-battery resulting in serious bodily harm
-battery of a child, woman, or police

23
Q

Assault

A

(1) an attempt to commit battery OR

(2) the intentional infliction–other than by mere words–of a reasonable apprehension of imminent bodily harm

24
Q

Aggravated Assault

A

An assault PLUS: (1) the use of a deadly or dangerous weapon
OR
(2) with intent to rape, maim or murder

25
Q

False Imprisonment

A

Unlawful confinement of a person without the person’s valid consent

26
Q

Kidnapping

A

Unlawful confinement of a person that involves either:
(1) some movement of the V
OR
(2) concealment of the V in a “secret place”

27
Q

Aggravated Kidnapping

A

Includes:
-kidnapping for random
-kidnapping for purpose of committing other crimes
-kidnapping for offensive purposes
-kidnapping for child-stealing

28
Q

Rape

A

Traditionally: unlawful carnal knowledge of. woman by a man not her husband + without her consent
NOW: states have renamed rape as gender-neutral sexual assault
-slightest amount of penetration is enough

29
Q

Statutory Rape

A

STRICT LIABILITY

Sex with a minor

30
Q

Larceny

A

(1) a taking (obtaining control)
(2) and carrying away (asportation)
(3) of tangible personal property
(4) of another
(5) by trespass
(6) with intent to permanently deprive that person

-SLIGHTEST movement of property is enough
-must have intent to deprive AT TIME OF TAKING

NOT LARCENY [intent wise] when:
-believe that property is Ds
-intent to borrow
-intent to keep property as repayment of debt
-D has some right to it

31
Q

Continuing Trespass Situation

A

D wrongfully takes property without intent to keep it and then later decides to keep it–thus making it larceny

32
Q

Embezzlement

A

The fraudulent conversion of personal property of another by a person in lawful possession of that property

Intent: D must intend to defraud

Intent to restore:
-if D intends to restore literally EXACT property taken–then NOT embezzlement
-if D intends to restore similar or substantially identical property = embezzlement

TIPS:
-trustee is often the embezzler
-do not have to CARRY away–just have possession
-embezzler does not have to get the benefit

33
Q

False Pretenses

A

Getting title to personal property of another with an intentional false statement of past or existing fact with intent to defraud the other

TITLE PASSES
NOTE: that getting cash counts as title passing!!!!

V. LARCENY by TRICK: false pretenses has to do with title specifically

34
Q

Larceny by Trick

A

Larceny where the owner of the property is tricked into giving possession of personal property, but not title to the property, to the offender.

35
Q

Robbery

A

Taking of personal property from the others person or presence by force or threat of immediate death or physical injury to V, Vs fam, or someone in Vs presence–with intent to permanently deprive

Tips:
Presence requirement is broad!
-must be IMMINENT harm

36
Q

Extortion

A

Obtain property by means of threats to do harm or expose info

V. Robbery =
-can be future harm
-does not need to be in presence of V

37
Q

Receipt of Stolen Property

A

Receiving possession + control of “stolen” personal property KNOWN to have obtained in a manner constituting a criminal offense with another person with intent to permanently deprive the owner of their interest in it

38
Q

Forgery

A

Making or altering a writing with apparent legal significance so that it is false [representing that it is something that it is not] with intent to defraud

39
Q

Burglary

A

CL: (1) a breaking (2) and entry (3) of a dwelling [sleeping spot] (4) of another (5) at night (6) with intent to commit felony in structure
**intent to commit the felony must exist at same time as the breaking in
**can be actual breaking or breaking by fraud/threat

MODERN: generally get rid of some of the technicalities
-the requirement of a breaking, of dwelling, at nighttime, or intent to commit felony (misdemeanor theft could be enough)

40
Q

Arson

A

CL: (1) the malicious (2) burning (3) of a dwelling (4) of another

Malice = intent to do it or the reckless disregard for the result

Blackening = not damage (so not arson)
Charred = damage (and arson)

41
Q

Intoxication

A

Can be raised whenever intoxication would negate an element of the crime

Voluntary Intoxication: Results from intentional taking without duress of a substance known to intoxicate
GOOD DEFENSE FOR SPECIFIC INTENT CRIMES
Note: that if you form the intent to do something and then get wasted cause you’re nervous–the defense cannot be used!

Involuntary Intoxication: Results from taking of an intoxicating substance without knowledge of its nature, under direct duress by another, or pursuant to medical advice, while unaware of intoxicating effect
GOOD DEFENSE TO ALL THE CRIMES–CAN BE TREATED AS MENTAL ILLNESS RE INSANITY

42
Q

Infancy

A

CL:
under 7 = no liability
7-14: rebutable presumption that child unable to understand
14+ adults

MODERN: most say no child can be convicted until stated age (usually 13-14)
-not counting juvenile courts

43
Q

Self Defense

A

JUSTIFICATION DEFENSE

Non-Deadly Force: person without fault may use such force as reasonably believes is necessary to protect themselves from imminent use of unlawful force upon themselves
NO DUTY TO RETREAT

Deadly Force: person may use deadly force in self defense if person:
(1) is without force
(2) is confronted with unlawful force
(3) reasonably believed they are threatened with imminent death/great bodily harm
Retreat: generally no duty to retreat
Minority view: retreat before using deadly force if safely can UNLESS: (1) attack occurs in Vs home (2) attack occurs when V is making lawful arrest (3) assailant is in process of robbing V

Imperfect Self-Defense Doctrine:
-some states recognize this for murder becoming manslaughter even though
(1) D was at fault starting the alteraction OR (2) D unreasonably but honestly believed in the necessity of responding with deadly force

Right of Aggressor to use self-defense
May do so if:
(1) they effectively withdraw + communicate to other their desire to do so
OR
(2) V of initial aggression suddenly escalates minor fight into deadly alteration + no chance to withdraw

Defense of Others: D has right to defend others if they reasonable believe that the person assisted has right to use force in own defense
Minority: need special relationship

44
Q

Defense of Dwelling

A

Person may use non-deadly force in defense of their dwelling when they reasonable believe that such conduct is necessary to prevent or terminate anothers unlawful entry into or attack of dwelling

45
Q

Defense of Property

A

Defending Possessions:
-deadly force may NEVER be used
-reasonable un-deadly force permitted from imminent lawful interference

Regaining Possession:
-person may use force to regain possession of property that they reasonable believe was wrongfully taken only if in immediate pursuit of taker

46
Q

Excuse of Duress

A

Defense to crimes other than intentional homicide
D reasonably believed that another person would imminently inflict death/great bodily harm on D or fam if they did not crime
-traditionally threats to property are not enough
-but MPC and some states allow if makes sense duress wise

47
Q

Necessity

A

Defense that a D reasonable believed that commission of rime was necessary to avoid imminent + greater injury to society than that involved in crime
OBJECTIVE TEST

Limitations:
-causing death to protect property is never OK
-not available defense if the D created the situation

vs. duress–duress is a threat from another human

48
Q

Mistake or Ignorance of Fact

A

Relevant to criminal liability only to show lacked SOM
-does NOT work for strict liability

Reasonableness: if offered to disprove specific intent–mistake does not have to be reasonable
Any other SOM–reasonable mistake of fact or ignorance

49
Q

Mistake or Ignorance of Law

A

GENERALLY: not a defense
-but if reliance on an attorney negates a needed SOM element–then could be used

50
Q

Entrapment

A

(1) Criminal design originated with law enforcement (2) D not predisposed to commit crime

VERY HARD TO ESTABLISH

51
Q

Perjury

A

(1) intentional taking of a false oath (2) in regard to a material matter in a judicial proceeding

Subornation of Perjury: procuring or inducing another re perjury

52
Q

Bribery

A

CL: corrupt payment/receipt of anything of value for official action
MODERN: may be extended to non-public officials
-either offer or taking of the bribe can be the crime

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