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Criminal Law > Everything Criminal Law > Flashcards

Everything Criminal Law Flashcards

1
Q

When does a state have jurisdiction over criminal matter?

A

A state acquires jurisdiction over crime if either the conduct or result happened in that state

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2
Q

What is the general rule regarding merger and what are the two exceptions?

A

Solicitation and attempt do merge into the substantive offense.

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3
Q

What are the two essential elements of a crime?

A
  1. A voluntary act,

2. The required mental state.

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4
Q

What are the five circumstances where a legal duty to act may arise?

A
  1. By statute,
  2. By contract,
  3. Because of the relationship between the parties,
  4. Because you voluntarily assume a duty of care and then fail to adequately perform, and
  5. Where your conduct created the peril.
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5
Q

What are the four common-law mental states?

A
  1. Specific intent crimes,
  2. Malice crimes, and
  3. General intent crimes, and
  4. Strict liability crimes.
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6
Q

Name the 11 specific intent crimes.

A
  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
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7
Q

What are the four Model Penal Code mental states?

A
  1. Purposely
  2. Knowingly
  3. Recklessly
  4. Negligently
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8
Q

Define “Purposely” as used by the Model Penal Code.

A

One acts purposely when it is his conscious objective to engage in certain conduct or cause a certain result.

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9
Q

Define “knowingly” as used by the Model Penal Code.

A

One acts knowingly when he is aware that his conduct will very likely cause the result.

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10
Q

Define “recklessly” as used in the Model Penal Code.

A

One ask recklessly when he consciously disregards a substantial and unjustifiable risk.

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11
Q

Define “negligently” as used in the Model Penal Code.

A

One acts and negligently when he fails to be aware of a substantial and unjustifiable risk.

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12
Q

Who is an accomplice?

A

An accomplices is one who aids, advises, or encourages the principal in the commission of the crime charged.

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13
Q

What are the two elements of solicitation?

A
  1. Asking someone to commit a crime,

2. With the intent that the person solicited commit the crime.

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14
Q

What are the four elements of conspiracy?

A
  1. An agreement between two or more persons
  2. An intent to enter into the agreement
  3. An intent by at least two persons to it achieve the objective of the agreement
  4. An overt act
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15
Q

For a conspiracy what is the difference between the “unilateral” approach and the “bilateral” approach?

A

If the jurisdiction follows the unilateral approach only one party needs to have genuine criminal intent whereas under the common-law bilateral approach at least two parties must have genuine criminal intent.

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16
Q

What is the Wharton rule?

A

Where two or more people are necessary for the commission of the substantive offense there is no crime of conspiracy unless more parties participate in the agreement then are necessary for the crime.

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17
Q

Is withdrawal a valid defense to conspiracy?

A

No. The conspiracy is complete as soon as the agreement is made an act in furtherance is performed. The defendant can withdraw from liability of conspirators conspirators for subsequent crimes but cannot withdraw from the actual conspiracy.

18
Q

What are the two elements for attempt?

A
  1. The specific intent to commit a crime

2. An overt act that is a substantial step in furtherance of the crime

19
Q

What is legal impossibility?

A

If the defendant, having completed all acts that he had intended, would have committed no crime, he cannot be guilty of an attempt.

Legal impossibility is a defense for attempt.

20
Q

What is factual impossibility?

A

The substantive crime is incapable of completion due to some physical or factual condition unknown to the defendant.

Factual impossibility is not a defense to attempt.

21
Q

What are the three defenses for crimes based on criminal capacity?

A
  1. Insanity
  2. Intoxication
  3. Infancy
22
Q

What are the four tests for insanity?

A
  1. M’Naghten Rule
  2. Irresistible impulse
  3. Durham rule
  4. Model Penal Code
23
Q

What is the M’Naghten rule?

A

A defendant is entitled to acquittal only if he had a mental disease or defect that caused him to either:

  1. Not know that his act would be wrong, or
  2. Not understand the nature and quality of his actions.

In other words, defendant did not know right from wrong.

24
Q

What is the irresistible impulse role?

A

Defendant is entitled to acquittal only if, because of a mental illness, defendant was unable to control his actions or conform his conduct to the law.

25
Q

What is the Durham rule?

A

Defendant is entitled to acquittal if the crime was the product of his mental illness.

Put another way, but for the mental illness the defendant would not have done the act.

26
Q

For what crimes is voluntary intoxication a defense?

A

Voluntary intoxication is a defense to specific intent crimes only.

27
Q

Windows entrapment exists?

A

Entrapment exists if:

1 the criminal design originated with law enforcement officers and

  1. The defendant was not predisposed to commit the crime prior to the contact with the government.
28
Q

What are the three common-law criminal homicides?

A
  1. Murder
  2. Voluntary manslaughter
  3. Involuntary manslaughter
29
Q

What is murder?

A

Murder is the unlawful killing of a human being with malice of aforethought.

30
Q

What are the four states of mind for common-law murder?

A
  1. Intent to kill,
  2. Intent to inflict great bodily injury,
  3. Reckless indifference to an unjustifiably high risk to human life, or
  4. Intent to commit a felony.
31
Q

What is voluntary manslaughter?

A

Voluntary manslaughter is a killing that would be murder but for the existence of adequate provocation.

32
Q

What is adequate provocation?

A

Adequate provocation is:

  1. Provocation that would arouse sudden and intense passion in the mind of an ordinary person, causing him to lose self-control,
  2. The defendant was in fact provoked,
  3. There was not enough time for a reasonable person to cool off,
  4. The defendant in fact did not cool off.

Remember, for the sudden and intense passion and the cooling off. They apply to what a reasonable person would’ve done and what the defendant actually did.

33
Q

What are the six elements to a larceny?

A
  1. A taking,
  2. And carrying away,
  3. Of tangible personal property,
  4. Of another with possession,
  5. By trespass,
  6. With intent to permanently deprive.
34
Q

What are the five elements of embezzlement?

A
  1. The fraudulent,
  2. Conversion,
  3. Of personal property,
  4. Of another,
  5. By a person in lawful possession of that property.
35
Q

Where the four elements for false pretenses?

A
  1. Obtaining title,
  2. To personal property of another,
  3. By an and intentional false statement of a pastor existing fact,
  4. With intent to defraud the other.
36
Q

What are the five elements for robbery?

A
  1. A taking,
  2. Of personal property of another,
  3. From the others person or presents,
  4. By force or threats of immediate death or physical injury to the victim, a member of his family, or some person in the victim’s presence,
  5. With the intent to permanently deprive him of it.
37
Q

Where the elements for receipt of stolen property?

A
  1. Receiving possession and control,
  2. Of stolen personal property,
  3. Known to have been obtained in a manner constituting a criminal offense,
  4. By another person,
  5. With the intent to permanently deprive the owner of his interest in it.
38
Q

What are the four elements for forgery?

A
  1. Making or altering,
  2. A writing with apparent legal significance,
  3. So that it is false,
  4. With intent to defraud.
39
Q

What are the elements of malicious mischief?

A
  1. The malicious,
  2. Destruction of or damage to,
  3. The property of another.
40
Q

What are the six elements of burglary?

A
  1. A breaking
  2. And entry
  3. Of a dwelling
  4. Of another
  5. At nighttime
  6. With the intent to commit a felony therein
41
Q

What are the four elements of arson?

A
  1. The malicious
  2. Bernie
  3. Of the dwelling
  4. Other another

Criminal Law (1 decks)

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