Florida Criminal Law Flashcards
(24 cards)
What is required for a state to have jurisdiction over a crime?
A state has jurisdiction if:
* any act constituting an element of the offense was committed in the state
* an act outside the state caused a result in the state
Jurisdiction is essential for a legal system to prosecute offenses effectively.
Define actus reus.
Actus reus is the performance of:
* a voluntary physical act
* a failure to act according to a legal duty
An act can include bodily movement or possession of contraband.
What constitutes a legal duty in the context of actus reus?
A legal duty arises from:
* statute
* contract
* relationship
* voluntary assumption
* creating the peril
These sources define when an individual is legally obligated to act.
What are the different mental states defined under common law (CL)?
Common law mental states include:
* malice - reckless disregard
* specific intent - specific objective
* general intent - awareness
* strict liability - conscious commission
Understanding mental states is crucial for determining culpability.
List the mental states defined under the Model Penal Code (MPC).
MPC mental states are:
* purposefully - conscious object
* knowingly - awareness
* recklessly - consciously disregard
* negligently - failure to be aware
These definitions help in assessing intent in criminal cases.
What is the merger doctrine in criminal law?
Under common law, a misdemeanor merges into the felony, but a defendant may be convicted of both felony murder and the underlying felony.
This doctrine affects the charges that can be brought against a defendant.
What does double jeopardy prohibit?
Double jeopardy prohibits trial or conviction for a lesser included offense if the person has been put in jeopardy for the greater offense.
This principle protects individuals from being tried multiple times for the same offense.
What is accomplice liability?
Accomplice liability involves:
* principals
* accomplices - double intent to assist before/during
* accessory after the fact - aid felon escape
Accomplices share the culpability for the principal crime.
How does enterprise liability differ under common law and the Model Penal Code?
Under common law, corporations cannot commit crimes. Under MPC, corporations may be held liable for acts performed by:
* an agent within the scope of employment
* a corporate agent high enough in hierarchy
This distinction affects corporate accountability in criminal law.
What is transferred intent?
Transferred intent applies to:
* homicide
* battery
* arson
This legal principle allows for liability even when the intended target is not harmed.
Define solicitation in criminal law.
Solicitation is:
* asking someone to commit a crime
* with the specific intent that the person solicited commit the crime
This offense involves the encouragement of criminal activity.
Describe conspiracy.
Conspiracy involves:
* an agreement between two or more people
* with one guilty mind
* an overt act
* specific intent to accomplish an unlawful act
This charge can exist even if all parties are acquitted.
What is the ‘hub and spoke’ relationship in conspiracy?
In a ‘hub and spoke’ relationship, it must be established that the subagreements are reasonably independent of each other.
This structure affects the liability of co-conspirators.
Define attempt in criminal law.
Attempt is:
* an overt act that is a substantial step towards the crime
* with specific intent to commit the crime
Attempting a crime can result in liability even if the crime is not completed.
What constitutes first-degree murder?
Murder in the first degree arises from:
* a premeditated design
* drugs
This classification is crucial for determining the severity of the charge.
What is aggravated battery?
Aggravated battery is battery plus:
* victim was pregnant
* use of a deadly weapon
* causes great bodily harm, permanent disability, or permanent disfigurement
These factors elevate the severity of the offense.
Define false imprisonment.
False imprisonment is:
* unlawful confinement
* without the person’s valid consent
This offense involves restricting an individual’s freedom of movement.
What is the definition of theft?
Theft is when a person:
* knowingly obtains or uses, or endeavors to obtain or use
* the property of another
* with intent to deprive or appropriate
Understanding theft is essential for property crime assessments.
What is the M’Naghten rule?
The M’Naghten rule applies when a defendant’s mental illness prevents them from knowing right from wrong or understanding their actions.
This rule is pivotal in insanity defenses.
What is the defense of intoxication?
Voluntary intoxication negates criminal capacity in specific intent crimes only. Involuntary intoxication negates criminal capacity in all crimes.
Intoxication can impact culpability depending on its nature.
What constitutes self-defense?
A person is justified in using nondeadly force if:
* reasonably believes it is necessary to defend themself
* against imminent use of unlawful force
Self-defense laws vary significantly by jurisdiction.
What is the difference between duress and necessity?
Duress involves committing a crime to prevent imminent death or great bodily harm, while necessity involves committing a crime to prevent a greater harm.
Both defenses address situations of coercion or urgent need.
What are the requirements for valid consent?
Consent must be:
* voluntarily and freely given
* the party was legally capable of consenting
* no fraud was involved in obtaining the consent
Valid consent is crucial in defenses against crimes such as assault and battery.
What is entrapment?
Entrapment is available when:
* a criminal design originates with the police
* the defendant was not predisposed to commit the crime
* law enforcement’s conduct was egregious
This defense protects individuals from coercive law enforcement practices.
