MBE Criminal Law Flashcards
(35 cards)
Mistake-of-LAW (not fact) is a defense only if
1) defendant relied on a COURT DECISION/ADMIN. ORDER
OR OFFICIAL interpretation;
2) a STATUTORY DEFINITION OF MALUM PROHIBITUM CRIME was NOT AVAILABLE before the defendant’s conduct;
OR
3) its HONEST and NEGATES the required INTENT or MENTAL STATE
*Malum Prohibitum = “Wrong because Prohibited” … an act that is not inherently wrong/evil but is by statute prohibited (e.g. gambling, possession of certain substances)
What is bribery under (1) the common law, and (2) the modern law
(1) Common law:
MISDEMEANOR involving the CORRUPT PAYMENT of something of VALUE for the PURPOSE of INFLUENCING the an OFFICIAL’S ACTIONS in the discharge of his PUBLIC/LEGAL duties;
(2) Modern law:
Can be a FELONY and may extend to persons who are NOT PUBLIC OFFICIALS
- Mutuality NOT required
Name and define four mental states defined by the MPC.
1) PURPOSEFULLY–def. has conscious objective to engage in the conduct or cause certain result to occur
2) KNOWINGLY/WILLFULLY–def is aware or know that certain result practically certain to occur based on his conduct
3) RECKLESSLY–def has conscious disregard of a substantial + unjustifiable risk
4) NEGLIGENTLY–def should be aware that a substantial + unjustifiable risk that a material element of a crime exists or will result from his conduct (i.e. a GROSS deviation from the standard of care)
What are the (3) common law categories of HOMICIDE?
1) Homicide justified by law;
2) CRIMINAL Homicide;
3) EXCUSABLE Homicide
What is the year-and-a-day rule with regard to homicide causation?
Battery or Assault victim survived a for > 1 yr and 1 day –> it was presumed that the cause of death was NOT the defendant
*no longer followed by MAJORITY of jxs
For ATTEMPT, is mere preparation enough to constitute a substantial step?
No
When is MURDER reduced to VOLUNTARY m/s due to an imperfect defense?
When defendant argues his DEADLY force was NECESSARY in defense of himself or others, but
1) defendant started the altercation OR
2) defendant UNreasonably and honestly believed in the necessity of using deadly force
Whats the diff in the result for Agency theory vs. Proximate cause theory for liability for the death of a bystander?
AGENCY (MAJORITY rule): the felon will NOT be liable for the death of a bystander caused by a felony VICTIM or POLICE OFFICER, because neither is felon’s agent
PROXIMATE CAUSE theory: liability for a bystander’s death MAY attach to the felon because the death is a DIRECT consequence of the felony
Note: On the MBE, apply the AGENCY theory unless instructed otherwise
What are the (2) types of assaults and are they specific-intent or general-intent?
1) “Attempted battery” assault: The defendant takes a substantial step toward the commission of a battery; (SPECIFIC)
2) “Fear of harm” assault: The defendant intentionally places another in apprehension of imminent bodily harm
(GENERAL)
Define the M’Naghten Rule
Defendant is not guilty if b/c of a defect of reason due to a mental disease, he did not know either:
1) NATURE or QUALITY of the act
OR
2) the WRONGFULNESS of the act
What are the elements of the Durham test for insanity?
The unlawful act was the product of the defendant’s mental disease
(i.e. the “But For” test)
In what two circumstances can a killing give rise to a charge of involuntary manslaughter?
1) killing committed in the commission of a malum in se (wrong in itself) MISDEMEANOR;
OR
2) A killing committed in the commission of a FELONY that is not STATUTORILY TREATED as 1st degree felony murder or 2nd degree murder
What is the “Cooling Off” period
“Cooling Off” period = time AFTER provocation but BEFORE the killing
If sufficient time between the two events for a REASONABLE PERSON to cool off, defendant will be charged with murder rather than voluntary m/s, even if he did not cool off
Accomplice definition and Accomplice liability
Accomplice has specific intent to aid or abet a principal PRIOR to or DURING commission of a crime
A/L –> Liable to same extent as the Principal
Can someone be guilty of larceny for taking stolen property from a thief?
Yes.
Unless the taker has a superior possessory interest in the property
What are the five elements of embezzlement?
1) FRAUDULENT;
2) CONVERSION;
3) of the PROPERTY;
4) of ANOTHER:
5) by a person who is in LAWFUL possession of the property
When is voluntary intoxication a valid defense to a crime?
to SPECIFIC intent crime–> if it prevents forming the required intent
Under MPC, it is a defense to crimes requiring mental state of PURPOSEFULLY or KNOWINGLY/WILLFULLY when the intoxication prevents forming the mental state
Note- NOT a defense to crimes involving MALICE, RECKLESSNESS, or NEGLIGENCE
Arson is a _____ crime and is defined as
MALICE crime (NOT SPECIFIC intent)
1) MALICIOUS;
2) BURNING;
3) of the DWELLING;
4) of ANOTHER
What are the four defenses to felony murder?
1) Valid defense to UNDERLYING felony;
2) Felony was NOT an INDEPENDENT felony (e.g. aggravated assault);
3) Death was NOT a foreseeable result/or consequence of the Felony;
4) Death occurred AFTER the commission of the Felony and the ensuing flight from the scene of the crime
Statutory Rape defined as
1) Sexual Intercourse;
2) With a person UNDER the AGE OF CONSENT
*Strict Liability offense w/ respect to the age element
–> No defense for consent of underage victim
–> No defense for Mistake-of-fact as to age
What are the four elements of common-law conspiracy?
1) an agreement;
2) between 2 or more ppl;
3) to accomplish UNLAWFUL purpose;
4) with INTENT to accomplish the purpose
(SPECIFIC intent)
If it is LEGALLY IMPOSSIBLE for a certain act to be a felony, but a suspect who otherwise satisfies all elements of a Burglary, honestly believes that what he intends to do is a felony, can he still be convicted of Burglary?
No, because the act would not constitute a felony, so he does not satisfy Burglary.
Mistake or ignorance of the law is generally not a valid defense.
However, it is a defense when an honestly held mistake of law negates the required intent (e.g., specific intent) or mental state (e.g., purposefully) for a material element of the crime
Does stolen property taken from a thief can constitute larceny?
Yes, unless the second “thief” has a superior possessory interest (i.e. is “stealing” property that belongs to them)
The Brady violation occurs whether failure to disclose is
willful or inadvertent
*Unconstitutional only if there was prejudice.
