Criminal V2 Flashcards

Question

Conspiracy (Elements) - MPC

Answer 1

1. A unilateral agreement to commit a crime 2. With the purpose to enter into an agreement; and 3. Purpose to commit or aid in committing the targetted crime - An overt act for felonies 3rd degree or below (otherwise not required)

Answer 2

Intoxication prevents the defendant from forming the criminal intent necessary to commit the crime 1. Available for Specific Intent Crimes - Crimes that require intent to do some further harmful act (X with the intent to X, or X for the purpose of X) 2. Unavailable for General Intent Crimes - All other crimes

Answer 3

1. Defendant is voluntarily intoxicated 2. Negates an element of the offense 3. Not available to disprove recklessness or above

Answer 4

1. Defendant was involuntarily intoxicated 2. Intoxication made the defendant **temporarily insane** - Four Circumstances: 1. Fault of another (force, fraud, duress) 2. Innocent Mistake (didn't know it was an intoxicant) 3. Unknowingly have a condition that makes them abnormally susceptible to intoxicants 4. Unexpected Intoxication from medically prescribed drugs

Answer 5

1. Defendant was involuntarily intoxicated 2. Defendant was **unable to appreciate the criminality of his conduct or to conform his conduct to the requirements**.

Answer 6

1. Not an excuse; unless 2. Crime requires knowledge of the law as an element - Tax evasion, insider trading, etc.

Answer 7

1. Must negate the mens rea of the crime - Specific Intent Crime: mistake can be unreasonable - General Intent Crime: Mistake must be reasonable Legal Wrong Test: no defense if defendant's view of facts, he was still committing a crime (**punished for how facts actually were**)

Answer 8

1. Must negate the mens rea of the crime - Mistake does not need to be reasonable - Mistake can sometimes result in lower level crime being charged/convicted Legal Wrong Test: No defense if facts as defendant believed them, defendant was still committing a crime (**punished for crime based on facts as defendant believed them**)

Answer 9

At the time of the crime, defendant had a defect of the mind that prevented him from knowing: 1. the nature and quality of his conduct; or 2. that what he was doing was wrong

Answer 10

Defendant was driven by an "**irresistible impulse**" to commit the crime.

Answer 11

Defendant did not know what he was doing, no more than an infant or wild beast.

Answer 12

At the time of the crime defendant as a result of mental disease or defect, lacked substantial capacity either * to appreciate the wrongfulness of his conduct; or * conform his conduct to the requirements of the law

Answer 13

1. Did the defendant know his acts were wrong/criminal? - Age Ranges: <7: Infancy is a defense >14: Infancy, not a defense 7-14: Presumed infant but can show evidence that defendant knew right from wrong.

Answer 14

< 16: Infancy is a defense > 17: Infancy is not a defense 16-17: States decide

Answer 15

1. Negatives an element of the offense or precludes the harm sought to be prevented 2. Not available for assaultive crimes - Unless it is a contact sport - (MPC) Unless it is not serious

Answer 16

On the prosecutor (Presumption of Innocence)

Answer 17

Beyond a reasonable doubt

Answer 18

Prevent individuals from reoffending

Answer 19

Prevent general public from offending due to potential charges

Answer 20

Reform criminals so they no longer want to commit crimes

Answer 21

Separate criminals from public to prevent reoffenses

Answer 22

Gives criminals their just desserts

Answer 23

Of the Same Kind

Answer 24

Expression of one thing is the exclusion of others

Answer 25

Unresolved ambiguities construed in favor of the defendant

Answer 26

1. Plain Meaning 2. Constitutional Avoidance 3. Avoid absurdity 4. Undefined terms have common law meaning 5. Ejusdem Generis 6. Expression Unius 7. Rule of Lenity

Answer 27

1. Must be physically capable of performing the omitted act 2. Must have a legal duty to act (contracts, special duty, created the risk, started assisting then stopped) 3. Must be aware that facts give rise to a duty to act

Answer 28

Natural and probable consequences of wrongful acts are assumed to be within the scope of purpose.

Answer 29

Defendant intended to harm one person but accidentally harms another, intent carries over to second person Transferred intent can not lead to a higher crime, but can lead to a lower crime

Answer 30

1. Defendant deliberately shuts his eyes to avoid knowing what would otherwise be obvious 2. They subjectively believed there was a high probability of its existence 3. They took an affirmative step to avoid learning

Answer 31

When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless he actually believes that it does not exist.

Answer 32

1. No mens rea 2. Applies to: - Statute explicitly says so - General Welfare Offenses - Wide-scale impersonal injuries

Answer 33

1. Only if it plainly appears in statute

Answer 34

Mens rea for one element applies to all elements excluding jurisdiction

Answer 35

Conscious Object

Answer 36

Aware that it is practically certain (unless believes the opposite)

Answer 37

Consciously disregard a substantial and unjustified risk

Answer 38

Should be aware of substantial and unjustified risk

Answer 39

1. Intent (most common): intended to do X 2. 1000s of mens rea and no relations to each other, required mens rea depends on statute

Answer 40

Mens rea and actus reus must occur at the same time

Answer 41

Mens rea must be the motivating force behind the actus reus

Answer 42

"But For" Cause

Answer 43

Fairness Test: was act far enough away to remove fault? - Direct Cause: defendant is a direct link in the causal chain - Intervening Cause: other links in chain - Dependant Intervening Cause: responsive to defendant's act; breaks chain only if it bizarre - Independent Intervening Cause: has an unrelated source; breaks chain unless it was foreseeable

Answer 44

1. Defendant must have an honest and objectively reasonable belief that the threat is imminent, force is necessary to repel that threat, and the use of force was proportionate to the force threatened. (Does into apply if defendant is the initial aggressor)

Answer 45

1. Actor subjectively believes 2. Force is immediately necessary 3. To protect himself against unlawful force by another (No proportionality requirement except for use of deadly force)

Answer 46

1. Actor subjectively believes 2. Deadly force is necessary 3. To protect himself from death, serious bodily injury, kidnapping or forcible rape

Answer 47

Historically must retreat if possible Most states now have "stand your ground" laws now Most states now have "castle doctrine" no duty to retreat in your home

Answer 48

No deadly force if the actor knows he could avoid the need for deadly force by retreating, surrendering an object, or refraining from an action he has no duty to take No duty to retreat from dwelling or place of work

Answer 49

Defendant must reasonably believe that imminence, necessity, and proportionality requirements are satisfied to protect third party from unlawful attack

Answer 50

Under circumstances as defendant believes them to be: 1. Defendant would be justified in defending himself were he in third party's shoes 2. Third party would be justified, and 3. Intervention is necessary to protect

Answer 51

Could resist unlawful arrest

Answer 52

Very hard to justify use of force to resist arrest

Answer 53

1. Defendant has reasonable belief that force is necessary 2. Force is immediately necessary to prevent: trespass or taking, to retake property in hot pursuit, or to reenter when waiting for court order would produce exceptional hardship 3. Must first ask actor to desist, unless asking would be useless or dangerous to person or property

Answer 54

1. Force is immediately necessary to prevent trespass or taking, or to retake property in hot pursuit, or to reenter when waiting for court order would produce exceptional hardship. 2. Must first ask actor to desist, unless useless or dangerous to person or property. (No reasonableness requirement)

Answer 55

1. Generally not allowed unless it is the defense of habitation 2. Defendant must use deadly force to prevent and immediate, unlawful entry into habitation (common law requires reasonable belief) - Common Variations: The defendant though intruder intended to commit a felony or forcible felony. - Habitation Test: Is the nature of the structure in such that a reasonable person would not expect unauthorized intrusions?

Answer 56

1. Defendant had a **reasonable fear the threat would be carried out** unless she committed the crime 2. Defendant was responding to **imminent threat of death or serious bodily injury** 3. The recipient of the threat falls within the correct classification (classifications vary by statute, could include just defendant, defendant's family, etc.) 4. Defendant had **no reasonable opportunity to escape** (Duress defense is not usually available for murder)

Answer 57

Requires that the threat be such that a person of reasonable firmness in his situation would have been unable to resist (does not have any of the common law requirements)

Answer 58

If a person dies during the commission of a misdemeanor or non dangerous felony the charge is involuntary manslaughter (Common law only)

Criminal V2 Flashcards

(82 cards)