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66 Cards in this Set

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Source of Arizona Criminal Law
All crimes in Arizona are statutorily defined
No common law crimes
Essential Elements of a Crime
Physical Act - voluntary conduct (conscious exercise of the will)
Mental states from MPC
Causation - but for, transferred intent and proximate cause
Mental States in Arizona
Intentionally = conscious desire
Knowingly = believed or been aware
Recklessly: aware and disregarded a substantial and unjustifiable risk
Criminal Neg. = failed to perceive a substantial and unjustifiable risk
Causation of a crime in AZ
But for - conduct causes a result if but for the conduct, the result would not have occurred AKA cause in fact
Transferred intent: when the actual result differs from the intended result
Proximate cause
Transferred intent as causation in AZ
when the actual result differs from the intended result only in the respect that
a. a different person or piece of property is injured,
b. the intended harm would have been more serious than the harm caused or
c. the acutal result involves similar harm as that intended and the actual harm occurs in a manner which the person kew or should have known is rendered substantially more probable by the conduct
Proximate Cause
reasonably foreseeable consequences of the conduct, limiting the reach of the but for test (conduct causes a result if but for the conduct, the result would not have occurred)
Accomplice Liability
1. intent to promote or facilitate another's commission of an offense and
2. performs any act in furtherance of the offense (act odes not have to be substantial, no defense that the other person was acquitted, not charged, etc. or that the other person would have committed the crime anyway
conduct after the fact is addressed by obstruction of justice statutes
Solicitation
same as common law (inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime)
BUT: other person does not have to agree to the crime
- not solicitation if done by a police officer acting in her official capacity
Defense: complete and voluntary renunciation by notifying the person solicited and notifying law enforcement or making reasonable efforts to prevent the commission of the crime
Conspiracy
agreement w/1 or more persons to commit the crime with intent to promote or aid the commission of the crime and any party commits an overt act in furtherance except:
No overt act required if the conspiracy was for a felony upon a person, 1st degree burglary or arson of an occupied structure
Unilateral Approach to Conspiracy
Guilt is based upon each person's own actions and culpability
No defense that others are immune or not criminally responsible
no defense that others did not have the required intent
no defense that others were legally incapable of committing the offense
Attempt
ANY ACT IN FURTHERANCE, need not be a substantial act, mere preparation is sufficient, impossibility is not a defense
NO MERGER but cannot convict of both attempt and completed crime bc of double jeopardy
Responsibility and Criminal Capacity
Insanity
NO Diminished Capacity
Intoxication
Infancy
Insanity
guilty except insane
affirmative defense
requires clear and convincing evidence
"At the time of the act the defendant was afflicted with a mental disease or defect of such severity that she did not know the act was wrong"
Diminished Capacity
not allowed in AZ!
E of defendant's mental disorder that does not constitute legal insanity is not admissible as an affirmative defense or to negate the mens rea element of the crime
Intoxication
Voluntary intoxication - stricter than the common law
not a defense to any criminal act or requisite mental state, cannot be used to show unawareness of risk for crimes requiring recklessness
involuntary intox.: apply insanity test
Infancy
Under 14 rebuttable presumption of incapacity (discretion w/juvenile court)
15-17 and crime is high-level felony = irrebutable presumption of capacity based on age and MUST be charged as an adult
14-17 not high level - irrebutable presumption of capacity based on age and discretion lies w/prosecutor as to whether to try D as an adult
Exculpation
self-defense
defense of others
defense of premises or dwelling
defense of other property
necessity
duress
entrapment
Self-Defense
non-deadly force is not allowed in response to verbal provocation alone or to resist arrest absent the officer's use of excessive force
NO RIGID DUTY TO RETREAT but opportunity is relevant to determining the reasonableness of the D's belief that force was immediately necessary
Defense of Others
same as common law + not deprived of the defense if, after the fact, it turns out the 3rd person was not entitled to use force in their own defense, so long as it reasonable appeared they were so entitled at the time
Defense of Premises or Dwelling
dwelling = anything adapted for human habitation, whether occuppied or not
must be in lawful possession or control of premises
must believe the other is committing or attempting to commit criminal trespass
must reasonably believe the use or threat of force is immediately necessary to prevent or terminate the trespass
In AZ can threated w/deadly force, just can't use it!
Defense of other Property
same as CL
deadly force never allowed
necessity
same as CL but
not available for homicide or crimes involving serious physical injury
Duress
same as common law but
not available for homicide or crimes involving serous physical injury or if you intentionally, knowingly, or recklessly placed yourself in the situation
Available if there is use or threatened use of immediate physical force against the defendant's or another's person
not restricted to family members in AZ
Entrapment
same as CL but even higher threshold for defendant:
1. D must admit the substantial elements of the crime
2. D must prove the idea originated with law enforcement, officers urged and induced the D to commit the crime and D was not predisposed to commit the crime
It is an affirmative defense that must be proven by the D with clear and convincing E
Assault
(no battery)
1. knowingly toughing with the intent to insult, injure, or provoke or
2. intentionally placing in reasonable apprehension of imminent physical injury or
3. intentionally, knowingly or recklessly causing non-serious physical injury
Aggravated Assault
Assault Plus!
1. serious physical injury
2. use of a deadly weapon or dangerous instrument
3. victim is a police officer, fire official/EMT, licensed health care practitioner acting in scope of duties
AZ deadly weapon
anything designed for lethal force including a firearm
dangerous instrument = anything that is readily capable of causing death or serious physical injury
Homicide
NO CL idea of "murder", 4 statutory levels
1st degree murder
2nd degree murder
manslaughter
negligent homicide
1st Degree Murder
3 ways:
1. premeditated and with intent or knowledge conduct would cause death (must precede the killing by enough time to permit reflection, actual reflection not required)
2. Felony murder
3. cause the death of one of the D knew to be a law enforcement officer acting in the line of duty
Felony Murder
Falls under 1st degree murder
Causing death, even accidentally, during the commission, or attempted commission of the enumerated felonies if you cause the death of anyone whether intentionally or not
causing the death of a co-felon counts
2nd Degree Murder
causing death w/o premeditation while
1. intending to cause death
2. knowing that death or serous injury would occur or
3. under circumstances manifesting an extreme indifference to human life and engaging in conduct that creates a grave risk of death
Manslaughter
AZ does not distinguish btwn voluntary and involuntary
1. reckless killing or
2. killingupon sudden quarrel or heat of passion upon adequate provocation from the victim or
3. intentionally aiding another in suicide or
4 killing under coercion
Negligent homicide
not part of manslaughter
causing death of another w/criminal negligence
Homicide Causation Issues
no year and a day rule
transferred intent applies to attempted 1st degree murder
pre-existing conditions will not break the causal connection
unanticipated manner of death will not break the causal connection.
2nd degree murder
causing death without premeditation while
1. intending to cause death, or
2. knowing that death or serous injury would occur, or
3. under circumstances manifesting an extreme indifference to human life and engaging in conduct that creates a grave risk of death
Manslaughter
No in/voluntary distinction
reckless killing, or
killing upon sudden quarrel or heat of passion upon adequate provocation from the victing or
intentionally aiding another in suicide or
killing under coercion
kidnapping
no movement of the victim required
1. knowingly restrianing another with the intent to
a. hold for ransom, hostage, or shield
b. hold for involuntary servitude
c. inflict death, physical injury, or commit a sex crime
d. aid in the commission of a felony
e. place victim or another in reasonable apprehension of imminent physical injury
f. interfere with the performance of governmental or a political function
g. seize control over a means of transportation
releasing victim unharmed is still kidnapping
restraint
restricting the person's liberty by force, intimidation, deception, movement, or confinement.
sex offenses
no rape - all specific sex offenses
sexual assault
sexual misconduct
sex crimes involving minors
sexual assault
most similar to common law rape
apply the same general principles of lack of effective consent
sexual misconduct
behavioral health professionals having sex with current patients
consent not an issue
sex crimes involving minors
several possible variations based on age of both the victim and the defendant
property offenses
no larceny, embezzlement or false pretenses, everything is theft
theft
theft by deception, conversion, extortion
theft
knowingly and without lawful authority
controlling the property of another
with intent to deprive them of that property
no requirement of asportation or movement
intent to deprive
intent to withhold permanently
intent to withhold long enough that it loses substantial value
intnet to withhold until a reqard is paid
intent to transfer
theft by deception
aka false pretense at CL
knowingly and without lawful authority
obtaining property by means of material misrepresentation
theft by conversion
aka embezzlement at CL
knowingly and without lawful authority
converting to an unauthorized term of use services or property that D had possession of for a limited, authorized term of use
theft by extortion
aka blackmail at CL
knowingly obtaining or seeking to obtain property or services
by means of a threat to do in the future
cause physical injury
cause damage to property
expose a secret or fact, whether true or not, that would cause harm, ridicule, or injury to a person's reputation
when is theft a felony?
specifically designated as such
value of property or services is greater than $250
item stolen is a vehicle or firearm, regardless of value
property is taken from the person of another (pickpocket)
robbery
robbery
needs force
threatening or using force against another
in the course of taking any property
from the victim's person or immediate presentce, and
with the intent to coerce surrender of property or prevent resistance
the threat must be a verbal or physical menace of imminent physical injury to a person
aggravated robbery
robbery with the aid of one or more accomplices present
armed robbery
robbery using or threatening to use a real or simulated deadly weapon or dangerous instrument
burglary
entering or remaining unlawfully upon certain structures
entry = any body part through the property with intent to commit any felony therein
can develop intent once in the property,
no need for breaking or nighttime
arson (3 types)
1. arson of an occupied structure
2. arson of a structure or property
3. reckless burning
arson of an occupied structure
knowingly and unlawfully damaging a structure that is occupied by knowing causing a fire or explosion
arson of a structure or property
knowingly and unlawfully damaging a structure or property by knowingly causing a fire or explosion
reckless burning
recklessly causing a fire or explosion that results in damage to a structure wild land or property
"damage" for arson
any physical or visual impairment of any surface
"structure" for arson
any building, object, vehicle, watercraft, aircraft or place with sides and a floor, used for lodging, business, transportation, recreation or storage
"occupied structure" for arson
a structure where a human is, or is likely to be, present or near enough to be in danger at the time or a dwelling house, whether occupied or not
compounding
knowingly accepting or agreeing to accept a pecuniary benefit to regrain from seeking prosecution
refrain from reporting a crime, suspected crime, or related information
hindering prosecution
assisting another with knowledge and intent of hindering the apprehension, prosecution, conviction, or punishment of that person by:
harboring or concealing
warning them of impending discovery, apprehension, prosecution, convistion or punishment
providing them with money, transportation, weapon, or other means to avoid discovery, apprehension, prosecution, conviction, or punishment
concealing the identity of the person
forgery
with the intent to defraud he falsely makes, completes, or alters a written instrument
knowingly possess a forged instrument
offers or presents, whether accepted or not, a forgen instrument or one that contains false information
possession of 5 or more forged docs may give rise to an inference that hte instruments are possessed with an intent to defraud
identity theft
knowingly and w/o consent take, manufacture, possess, record, or use identifying information of a real or fictitious person or entity with the intent to use the identity for any unlawful purpose or to cause a loss to any person or entity regardless of whether the person suffers an actual economic loss
aggravated taking the identity of another
commit ID theft of 5 or more persons or entities or
commit ID theft and cause more than $3K of economic harm
drug offenses
A person shall not knowingly possess or use, possess for sale, produce, import, sell, transfer, or offer to sell or transfer marijuana
a person shall not knowingly possess or use, unless they obtain a valid prescription a prescription-only drug