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Specific Crimes Flashcards

(65 cards)

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1
Q

Common Law Homicide Actus Reus

A

Killing a human being

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2
Q

Human being

A

born and alive

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3
Q

Alive

A

Not brain dead

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4
Q

Common Law Murder Mens Rea

A

Malice aforethought
- express malice
- implied malice

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5
Q

Express Malice

A

Intent to kill

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6
Q

Implied Malice

A

Intent to commit serious bodily injury
- depraved heart
- felony murder

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7
Q

Common Law Depraved Heart

A
  • Mens Rea: abandoned and malignant heart, wantonness, extreme indifference to the value of human life
  • D must have realized that his actions created a substantial and unjustifiable risk of death (typically gross negligence)
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8
Q

Common Law Felony Murder

A

Cause someone’s death while committing another felony
- Felony = crime that can result in imprisonment of a year or more
- Generally second degree but can be first degree if the felony was a listed felony under common law

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9
Q

Common Law First Degree Murder

A
  • committed by a particular means specified by statute (torture, poison, lying in wait, etc.)
  • committed during another crime specified by statute (Robbery, arson, kidnapping, burglary, etc.)
  • committed with premeditation and deliberation
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10
Q

Premeditation

A

Reflected in advance
- can happen in the blink of an eye

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11
Q

Deliberation

A

With a cool head

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12
Q

Common Law Second Degree Murder

A

Any type of Murder that is not first degree

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13
Q

Common Law Implied Malice Murder

A
  • Malice is implied by some circumstantial factor
  • Generally second degree
  • Depraved Heart
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14
Q

Limitations to Common Law Felony Murder

A
  • Inherently dangerous felony limitation
  • Res gestae requirement
  • Merger Doctrine
  • Agency Rule
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15
Q

Inherently Dangerous Limitation to Felony Murder

A

Underlying felony must be inherently dangerous
- inherently dangerous: high probability that death would result

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16
Q

Merger Doctrine limitation to Felony Murder

A

Felony murder rule does not apply to assaultive felonies (involving physical violence)

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17
Q

Agency Rule Limitation to Felony Murder

A

if a third party was proximate cause of death it is not felony murder
- not the felon or one of their agents

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18
Q

Approaches to Inherently Dangerous Felony Limit

A
  • Abstract Approach
  • Fact Intensive Approach
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19
Q

Abstract Approach to Inherently Dangerous Felony Limit

A

Look at the elements of the felony in the abstract and ask is it one with a high probability that death will result or cannot be committed without creating a substantial risk that someone will be killed
- consider only definition of offense and scientific data

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20
Q

Fact Intensive Approach to Inherently Dangerous Felony Limit

A

Evaluate whether the felony, as carried out, was inherently dangerous

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21
Q

Common Law Voluntary Manslaughter

A

Intentional killing but mitigated by the heat of passion

Test (reasonable person test)
- D acted in the heat of passion
- D was reasonably provoked into the heat of passion
- D did not have sufficient time to cool off
- A reasonable person would not have had time to cool off

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22
Q

Approaches to What is Reasonable in Voluntary Manslaughter Test

A
  • Statistical
  • Normative
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23
Q

Statistical Approach to Reasonableness in Voluntary Manslaughter Test

A
  • Look at how most people actually behave
  • Would an average person of average disposition acted rashly and without thinking under the circumstances
  • Favored
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24
Q

Normative Approach to Reasonableness in Voluntary Manslaughter Test

A

Look at how people should behave

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25
Common Law Involuntary Manslaughter
Killing through criminal negligence (recklessness or gross negligence) - Mens Rea: criminal negligence (could be recklessness, gross negligence, or regular negligence depending on jurisdiction)
26
MPC Homicide Actus Reus
Causes the death of another human being
27
MPC Homicide is divided into
murder, manslaughter, and negligent homicide
28
MPC Murder Possible Mens Rea
- Purpose or Knowledge (resembles express malice) - Recklessness manifesting extreme indifference to the value of human life (resembles depraved heart murder and implied malice) - Presumes recklessness if killing caused while committing a listed felony (robbery, forcible rape, arson, burglary, kidnapping, or felonious escape) (resembles felony murder)
29
MPC Murder is different from common law because it lacks
- first and second degree - intent to commit serious bodily injury
30
MPC Manslaughter (equivalent to voluntary manslaughter)
Murder committed under extreme mental or emotional disturbance for which there is reasonable explanation or excuse - Resembles heat of passion and nothing about cooling off
31
MPC Manslaughter Reasonable Evaluation
Must evaluate reasonableness from the viewpoint of the defendant and under the circumstances as he believes them to be
32
MPC Types of Involuntary Homicide
- Reckless manslaughter - Negligent homicide
33
MPC Reckless Manslaughter Resembles
Jurisdictions that define manslaughter as recklessness
34
MPC Negligent Homicide Resembles
Jurisdictions that define manslaughter as gross or simple negligence
35
Common Law Forcible Rape Elements
- Intercourse of any kind - Lack of consent - Due to force or threat of force
36
Common Law Non-Forcible Rape
- Intercourse of any kind - Lack of Consent - Due to unconsciousness or legal incapacity to consent (minors, mental disability, certain relationships, ect.)
37
Common Law Rape Mens Rea
Typically Recklessness, varies by element and jurisdiction - Consent: anywhere from knowledge to strict - Force: anywhere from intent to strict
38
Common Law Amount of force
- Old Common Law: force needed to overcome the utmost resistance (not used) - Some Jurisdictions: only force necessary for penetration - Most Common: force sufficient to compel a person of reasonable resolution to submit without further resistance
39
Common Law Kinds of Force
- Physical - Moral, psychological, or intellectual (relevant factors: relative age, size, intellect, mental and physical conditions, atmosphere, authority relationship, and duress) - Fraud (not used anywhere)
40
Common Law Models of Consent
- No Model - Yes Model - Negotiation Model - Contract Model
41
No Model of Consent
Must verbally indicate no for non-consent to be established - favors D
42
Yes Model of Consent
Must verbally indicate yes or else non-consent is established - Favors P
43
Negotiation Model of Consent
Would require a communicative exchange between partners before intercourse about whether they want intercourse to occur
44
Contract Model of Consent
Partners must sign a contract before intercourse - used nowhere
45
Common Law Mistake about Consent
Most jurisdictions say that an honest and reasonable mistake as to consent is a defense
46
Common Law When must consent be given
- Everyone agrees before intercourse - Disagreement about whether it is required throughout intercourse - No one does after
47
Common Law Statutory Rape Elements
- Intercourse - With a minor
48
Common Law Statutory Rape State Variations
- What is the age of minority (14-18) - Whether there must be an age gap between victim and defendant - Heightened penalties if victim is below a certain age - Applies to men and women or only men - Reasonable mistake defense (small minority recognize)
49
Common Law Statutory Rape Disagreements over Harm
- Exploitation of minors - Physical and psychological health of minors - Teenage pregnancy crisis - Home values
50
Common Law Statutory Rape Controversy about Mistaken Age Defense
- Would make it not strict liability - Lacks hallmarks of strict liability crimes (has high penalties, does not always involve broad public harms, any injury is direct, D is not necessarily the least cost avoider)
51
Common Law Elements of Larceny
- Unlawful/trespassory takings (no right to take) - Carrying away (asportation, moving object however slightly) - From the possession of another - Mens Rea: intent to permanently deprive owner
52
Common Law Larceny Effect of Mistake
Mistakes of fact about ownership, even reasonable, can negate liability
53
Common Law Larceny by Trick Elements
- A taking - With the consent of another - The consent was obtained through fraud or deception - Mens rea: meant to permanently deprive owner
54
Aggravated Forms of Theft
- Burglary - Robbery
55
Common Law Burglary
- Breaking and entering - A dwelling - At night - With the intent to commit a felony (don't need to be successful)
56
MPC Burglary
- Entering - Building or occupied structure - With purpose to commit a crime
57
Entering Element of Burglary
Cross the plane of the building
58
Common Law Robbery Elements
- Larceny - From the victim's person or immediate presence - Using force or threat of force
59
MPC Robbery Elements
- Theft - Inflicting or threatening serious bodily injury (or threatening to commit a first or second degree felony)
60
MPC Theft Elements
- Satisfied by elements of larceny, larceny by trick, or embezzlement - has many variants
61
MPC Theft Allows for uniform grading by
- Amount - Property type - Means to carry out theft
62
MPC Theft allow uniform defenses such as
- Unaware it belonged to another - Honest claim of right
63
Provocation reduces murder to
manslaughter
64
Extreme indifference can raise manslaughter to
murder
65
Major variation among states for rape are
- what sort of force recognized - how much force required - when consent is required - reasonable mistake defense for statutory

Criminal Law (4 decks)

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