2011 Mbe Criminal Law

Front 1

What Categories Does the Federal Power to Create Criminal Statutes Stem From?

Back 1

1) Power Over Federally Owned or Controlled Territory (General Conduct)

2) Power Over Conduct Occurring Within a State (Must Be Founded Upon an Express or Implied Constitutional Authority)

3) Power Over United States National Abroad (Federal Criminal Statutes That EXPRESSLY Reach Citizens Abroad)

4) Power Over Conduct on Ships or Airplanes (Apply to ALL PERSONS Aboard American Ships or Aircraft Anywhere)

Front 2

What Does State "Police Power" Stem From?

Back 2

Regulation of Internal Affairs for the Protection or Promotion of the Health, Safety, Welfare, and Morals of its Citizens.

Front 3

What is the "Situs" of a Crime?

Back 3

At Common Law Defined as the Place Where the Proscribed Act Takes Place or Place of Result.

Front 4

What is the Minimum Requirement for Proving a Constitutional Crime?

Back 4

(Treason - or aiding a Traitor)

REQUIRES 2 Witnesses Testify to Same Overt Act (Unless D Confesses)

Front 5

Main Theories on Criminal Punishment?

Back 5

1. Incapacitation
2. Special Deterrence (deter criminal)
3. General Deterrence (deter others)
4. Retribution
5. Rehabilitation
6. Education

Front 6

Felony vs. Misdemeanor

Back 6

Felony - Crime punishable by death or >1 year in prison.

Misdemeanor - Punishable by <1 year in prison or by fine only.

Front 7

Malum in Se vs. Malum Prohibitum

Back 7

Malum in Se (Wrong in Itself) - Act is INHERENTLY EVIL because criminal intent is element or moral terpitude is invovled.

Malum Prohibitum - Wrong prohibited by LEGISLATION.

Front 8

Key Principles to Avoid the "Void-For-Vagueness Doctrine"

Back 8

1. Fair Warning - Give person of ordinary intelligence fair notice that conduct is forbidden.

2. Arbitrary and Discriminatory Enforcement Must be Avoided.

Front 9

Constitutional Limitations on Creation of Criminal Statutes:

Back 9

1) No Ex Post Facto Laws
a) Make criminal an act that was not criminal when committed.
b) Increase the punishment after act committed
c) Change the Rules of Evidence to Detriment of D after the act
d) Alter Law to Deprive D of Substantial Right after the act

2. No Bills of Attainder - Legislative Punishment of an Individual WITHOUT a Judicial Trial.

Front 10

Examples of Common Law Merger:

Back 10

1) Merger of Misdemeanor into Felony.
2) No Merger of Offenses of Same Degree

Front 11

Current American Merger Law and Exceptions:

Back 11

Generally NO MERGER in American Law EXCEPT:

1) Merger of Solicitation or Attempt into Completed Crime
2) Merger of Lesser Included Offenses into Greater Offenses (Larceny merges into Robbery).

Front 12

Will Double Jeopardy Attach if Statute Provides Multiple Punishments for Single Act:

Back 12

No (Robbery + "Use a Gun, Go to Jail" Statute)

Front 13

Elements of a Crime:

Back 13

1) Actus Rea (Guilty Act)
2) Means Rea (Guilty Mind)
3) Concurrence (Above Exist at Same Time)
4) Harmful Result and Causation (Result Caused [Actual and Proximate] by D Act)

Front 14

Basics of a Physical Act (Actus Rea)

Back 14

D must have either performed a VOLUNTARY physical act or FAILED TO ACT under circumstances imposing a LEGAL DUTY to act.

Front 15

What Creates a Legal Duty to Act?

Back 15

1) Statute
2) Contract
3) Close Relationship (Parent-Child, Spouse, Etc)
4. Voluntary Assumption of Care
5. Creation of Peril by D (D obligated to assist)

Front 16

3 Requirements of an Omission to Act:

Back 16

1) Legal Duty to Act
2) Knowledge of Facts Giving Rise to Duty
3) Reasonably Possible to Perform.

Front 17

Requirements of Possession as an "Act":

Back 17

Criminal statutes generally require ONLY that D have control for a long enough period of time to terminate possession. D must be AWARE of possession but NOT aware of illegality.

Front 18

What are the Specific Intent Crimes?

Back 18

1. Solicitation (Intent to Solicit)
2. Attempt (Intent to Complete)
3. Conspiracy (Intent to Complete)
4. Murder (Premeditated - 1st)
5. Assault (Intent to Commit Battery)
6. Larceny & Robbery (Intent to Deprive of Property)
7. Burglary (Intent to Commit Felony)
8. Forgery (Intent to Defraud)
9. False Pretense (Intent to Defraud)
10. Embezzlement (Intent to Defraud)

Front 19

Requirement for Proof of Malice (Common Law Murder & Arson)

Back 19

Show D RECKLESSLY disregarded an obvious or high risk that a particular HARMFUL result would occur.

Front 20

Does the Doctrine of Transferred Intent apply to Attempt?

Back 20

NO