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2 - Criminal Law > MBE Final Review > Flashcards

MBE Final Review Flashcards

(64 cards)

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1
Q 
Specific intent (SI) crimes 
definition
A

subjective desire, specific objective, or knowledge to accomplish prohibited result

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2
Q 
Specific intent (SI) crimes
list
A

FIAT

 First-degree murder
 Inchoate offenses
 Assault with intent to commit battery
 Theft offenses

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3
Q

Malice crimes

list

A

CL murder & arson*

*subject to transferred intennt

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4
Q

Malice crimes

elements

A

 Reckless disregard of a high risk of harm

 Requiring only criminal act without excuse, justification, or mitigation

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5
Q

General intent crimes

list

A

battery*, rape, kidnapping, and false imprisonment

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6
Q

General intent crimes

elements

A

 Intent—knowingly, recklessly, or negligently
 To perform an act that is unlawful
o Transferred intent (unintended victim rule)—usually confined to homicide, battery, and arson

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7
Q

mistake defenses

list

A

mistake of fact

mistake of law

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8
Q

mistake of fact

A

o Negates criminal intent (if honest)
o Defense to specific intent crime even if unreasonable mistake
o Defense to general intent/malice crime only if reasonable

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9
Q

Mistake of law

A

o Only valid if relied on court order/administrative order or official interpretation
o Statutory definition of malum prohibitum crime not available before conduct
o Honestly held mistake of law negates required intent

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10
Q

Parties to Crime

list

A
  1. Accomplice liability

2. Accessory after the fact

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11
Q

Accomplice liability
elements
liability
how to withdraw

A

 Aids/abets principal prior to/during crime with intent for crime to be committed
 Liable for crime & all natural and probable consequences
 To withdraw accomplice must:
o Repudiate prior aid
o Countermand prior assistance or timely notify legal authorities
o Do so before chain of events set in motion and unstoppable

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12
Q

Accessory after the fact
elements
liability

A

 Aids felon to avoid apprehension after felony committed
 Must know felony was committed
 Only liable for separate crime (“obstruction of justice” or “harboring a fugitive”)

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13
Q

Insanity defense theories

list

A

 M’Naghten
 Irresistible impulse
 Durham
 MPC

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14
Q

M’Naghten insanity defense

elements

A

D didn’t know nature/quality of act or wrongfulness of act because of defect due to mental disease (“right from wrong” test)

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15
Q

Irresistible impulse insanity defense

elements

A

Lacked capacity for self-control and free choice due to mental disease or defect—inability to conform conduct to the law

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16
Q

Durham insanity defense

elements

A

Unlawful act was product of D’s mental disease/defect (“but for” test)

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17
Q

MPC insanity defense

elements

A

o Combines M’Naghten and irresistible impulse
o At time of conduct, D lacked substantial capacity to appreciate wrongfulness of act or conform conduct to law as a result of mental disease or defect

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18
Q

Intoxication defense

list

A

 Voluntary

 Involuntary

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19
Q

Voluntary Intoxication defense

elements

A

o Intentional taking of known intoxicating substance
o Need not intend actual intoxication
o Defense to SI crimes if it prevents required intent

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20
Q

Involuntary Intoxication defense

elements

A

o Taken without knowledge or under duress

o Negates element of general intent, specific intent, or malice crime

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21
Q

Types of Homicide

A

Murder
Statutory Murder
Voluntary manslaughter Involuntary manslaughter

*subject to transferred intent

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22
Q

Types of Murder (which is a type of homicide)

A

Murder
Statutory Murder

*subject to transferred intent

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23
Q

Types of Manslaughter (which is a type of homicide)

A

Voluntary manslaughter
Involuntary manslaughter

*subject to transferred intent

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24
Q

Voluntary manslaughter

defintion

A

“Heat of passion”
 Murder committed in response to situation that would inflame a reasonable person (serious battery, threat of deadly force, but usually not words)
 NOT a defense but can reduce murder to voluntary manslaughter
 If there was sufficient time between provocation and killing for a reasonable person to cool down, murder not mitigated to manslaughter

*subject to transferred intent

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25
Involuntary manslaughter | defintion
unintentional homicide committed with criminal negligence or during an unlawful act 1. Criminal negligence  Reckless action (or inaction when there is a duty to act) putting another at significant risk of injury/death 2. Unlawful act  Malum in se misdemeanor  Killing during felony that isn’t first-degree felony murder or second-degree murder *subject to transferred intent
26
Murder | basic definition
unlawful killing of a human being committed with malice aforethought *subject to transferred intent
27
Murder | 4 ways to "get there"
1. Intent to kill 2. Intent to do serious bodily injury 3. Depraved heart murder 4. Felony murder rule (FMR) *subject to transferred intent
28
Intent to kill (way to get to murder, which is a homicide) | elements
Conduct that is the legal cause of death + intent to kill *subject to transferred intent
29
Intent to do serious bodily injury (way to get to murder, which is a homicide) elements
Serious bodily injury + unintentional killing *subject to transferred intent
30
Depraved heart murder (way to get to murder, which is a homicide) elements
Reckless action manifesting extreme indifference to human life *subject to transferred intent
31
Felony murder rule (FMR) (way to get to murder, which is a homicide) elements
 Unintended and foreseeable killing proximately caused by/during commission or attempted commission of inherently dangerous felony (BARRK—burglary, arson, robbery, rape, & kidnapping)  D must be guilty of underlying felony  Bystander death falls under FMR under proximate cause theory if direct consequence of felony  D not liable for co-felon death by victim/police  Does not encompass death occurring after flight from scene of crime *subject to transferred intent
32
First-degree (Statutory Murder, which is a homicide) | definition/elements
Specific intent crime—deliberate/premeditated (after forming intent to kill D had time for reflection) or FMR *subject to transferred intent
33
Second-degree (Statutory Murder, which is a homicide) | definition/elements
necessary malicious intent (common law murder) or default category if not first degree *subject to transferred intent
34
Inherently dangerous felony
BARRK—burglary, arson, robbery, rape, & kidnapping
35
Crimes against property | list
1. Larceny 2. Forgery 3. Embezzlement 4. False pretenses 5. Robbery 6. Extortion 7. Burglary (Common Law) 8. Arson 9. Receipt of stolen goods
36
Larceny (crime against property) | elements
```  Trespassory—without owner’s consent  Taking—removal to another’s control  Carrying away—slight movement enough  Of personal property—not real property  Of another  With specific intent to permanently deprive owner of property—at time of taking ```
37
Forgery (crime against property) | elements
```  Fraudulent  Making of  False writing  With apparent legal significance  Intent to defraud ```
38
Embezzlement (crime against property) | elements
```  Fraudulent  Conversion  Of property  Of another  By person in lawful possession of property ```
39
``` False pretenses (crime against property) elements ```
 Obtaining title to property  Of another  Thru reliance of that person  On known false representation of material past/present fact  Representation made with intent to defraud
40
Robbery (crime against property) | elements
 Larceny  By force or intimidation  When taking of property is from person/presence of victim
41
Extortion (crime against property) | elements
 Taking of money/property from another by threat  Threat need not be physical or of immediate harm  Property need not be on person or in presence of victim  Threat is the essence of the crime (majority view)
42
Burglary (Common Law) (crime against property) | elements
```  Breaking and  Entering of  Dwelling  Of another  At nighttime  With the specific intent to commit a felony therein ```
43
Arson (crime against property) | elements
 Malicious burning  Of the dwelling  Of another  Definition not strictly applied on MBE
44
Receipt of stolen goods (crime against property) | elements
 Receiving control  Of stolen property  With knowledge that it is stolen, and  Intent to permanently deprive
45
Crimes against the person | list
1. Battery 2. Assault 3. Kidnapping 4. False imprisonment 5. Rape
46
Battery (crime against the person) | elements
```  Unlawful  Application of force  To another person  That causes bodily harm to that person or  Constitutes an offensive touching ```
47
Assault (crime against the person) | elements
 An attempt to commit a battery or |  Intentionally placing another in apprehension of imminent bodily harm
48
Kidnapping (crime against the person) | elements
```  Unlawful  Confinement of a person  Against that person’s will  Coupled with either o Movement, or o Hiding of that person ```
49
``` False imprisonment (crime against the person) elements ```
 Unlawful  Confinement of a person  Without consent
50
Rape (crime against the person) | elements
 Unlawful  Sexual intercourse  With a female  Against her will by force or threat of immediate force o No force requirement under most modern statutes o Required intent negated if reasonable belief that lack of resistance was consent
51
``` Inchoate crimes (specific-intent crimes) list ```
1. Solicitation - merger 2. Conspiracy 3. Attempt - merger
52
Solicitation (Inchoate, specific-intent crime) | elements
 Enticing, encouraging, or advising another person  To commit a crime  With the intent the other person commits the crime o Voluntary renunciation may be a defense if D thwarts commission of the solicited crime
53
Conspiracy (Inchoate, specific-intent crime) | elements
agreement to accomplish an unlawful purpose plus intent to accomplish that purpose  Agreement—oral is enough and can be inferred from Ds’ actions  Unilateral conspiracy—not valid under common law/majority rule, but MPC allows it (minority rule)  Specific intent—intent to agree (can be inferred from conduct) and commit the criminal objective (knowledge not enough)  Overt act o Common law—no overt act required o Majority/federal law/MPC—require legal/illegal overt act in furtherance of the conspiracy  Scope—conspirator liable for conspiracy and co-conspirators’ substantive crimes in furtherance of conspiracy (Pinkerton Rule)  Impossibility o Factual impossibility not a defense o Legal impossibility OK  Withdrawal o Federal/majority rule—withdrawal possible between date of agreement and commission of overt act but must give notice to co-conspirators or give timely notice to police o MPC /minority rule—subsequent withdrawal OK only if timely notification allows police to thwart success of conspiracy
54
Attempt (Inchoate, specific-intent crime) | elements
 Substantial step toward commission of crime o Beyond mere preparation o Coupled with specific intent to commit the crime  Factual impossibility not a defense (legal impossibility OK)  Abandonment not a defense after substantial steps are taken (CL)  If crime completed, attempt is merged into completed crime
55
Defenses | list
A. Generally 1. Mistake of fact B. Specific defenses 1. Self-defense 2. Defense of others 3. Defense of property 4. Arrest 5. Duress 6. Necessity 7. Consent 8. Entrapment
56
Mistake of fact (general defense) | elements
 Viable defense if mistake reasonable o Consider D’s physical characteristics, experiences and knowledge  Unreasonable mistake only applied to specific-intent crime
57
Self-defense (specific defense) | elements
 Reasonable force—OK to prevent immediate unlawful harm  Deadly force—OK in self-defense only if reasonably necessary to: o Prevent death/serious injury o Prevent serious felony o Apprehend fleeing felon who may endanger safety of community  Non-deadly force—OK to repel non-deadly force  Retreat o No self-defense duty to retreat before using non-deadly force, deadly force in home, or (majority view) deadly force elsewhere o Retreat required if it can be safely accomplished (minority view)  Imperfect self-defense (killing in self-defense not justified) o Reduces murder to voluntary manslaughter  Aggressor’s right to use self-defense o OK when aggressor’s non-deadly force was met with deadly force, or o When aggressor in good faith withdrew from altercation and communicated it to victim
58
Defense of others (specific defense) | elements
 Right to defend others exists under the same circumstances in which self-defense would be acceptable
59
Defense of property (specific defense) | elements
 Reasonable steps OK, including non-deadly force  D must reasonably believe real property is in immediate danger of unlawful trespass or that personal property in immediate danger of being carried away  Force cannot be unreasonably disproportionate to perceived harm  Generally, deadly force not OK in defending property—only OK to prevent forcible felony in dwelling  Mechanical devices cannot be used to protect property
60
Arrest (specific defense) | elements
 Police can use reasonable force to make lawful arrest  Deadly force only if suspect is a threat to the officer or third parties  Resisting unlawful arrest o D may use non-deadly force in resisting unlawful arrest o Deadly force never OK
61
Duress (specific defense) | elements
 D violated law because third party’s unlawful threat caused D to reasonably believe death/harm to himself or another could only be avoided by violating the law  Not a defense to intentional murder
62
Necessity (specific defense) | elements
 Natural forces of nature (not human actions) caused need to commit what otherwise would be a crime  Not a defense if D set the natural forces in motion or if there was a non-criminal alternative
63
Consent (specific defense) | elements
 Not a defense unless: o Consent negates required element of crime or o Precludes harm sought to be avoided by crime  Consent must be: o Voluntary o Involve no fraud o Be given by one who is competent to consent
64
Entrapment (specific defense) | elements
 Criminal offense planned and induced by police/government agent  D was not predisposed to commit crime

2 - Criminal Law (3 decks)

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