Bar - Criminal Law

Front 1

Define Murder

Back 1

A homicide committed with malice. Homicide is the actus reus, malice is the meas rea.

Front 2

Define Homicide

Back 2

Killing of another human caused by the defendant

Front 3

Methods of "Causation" for Homicide

Back 3

1) D acts alone to cause the death
2) D's omission caused death and D has duty to act by statute, contract, relationship or voluntary undertaking.
3) Third party contributed to cause death/Vicarious Liability
4) Death was a foreseeable result of defendant's act or omission

Front 4

Circumstances where a D can can be liable for the actions of another D

Back 4

Vicarious Liability When:
1) Solicits the crime
2) Conspires with the one who commits the crime
3) Is an accomplice to the crime
4) Felony murder rule - this is exclusive to MURDER

Foreseeable future consequences - Surgeon that negligently operates.

Front 5

Malice

Back 5

1) Intent to Kill
2) Intent to inflict great bodily injury
3) Depraved heart: Reckless indifference to a known high risk of death.
4) Felony Murder Rule

Front 6

Deadly Weapon Doctrine

Back 6

Use of a deadly weapon doctrine in a deadly way can show intent to kill

Front 7

Felony Murder Rule

Back 7

A foreseeable homicide committed during the perpetration of an inherently dangerous felony. Includes time from substantial step until the felon reaches a place of temporary safety. The felony must be "independent" from the homicide.

Inherently Dangerous Felonies: BARRK - Burglary, Arson, Rape, Robbery, Kidnapping

Miniority Rule: Non-dangerous felonies committed in a dangerous manner.

Front 8

Vicarious Liability Rules regarding Felony Murder

Back 8

CL - all felons are liable for a death caused by a co-felon.
Exception (Majority) - some states will excuse D if a "co-felon" is killed by a non-felon resisting (police, shopkeeper).

Exceptions (miniority) "agency theory" - defendant is not liable for felony murder when an innocent party is killed unless death is caused by D or his agent (accomplice) But will excuse felons if a non felon kills another non felon while resisting.

MINORITY - proximate cause theory - D is liable when an innocent party is killed by the victim or police.

Front 9

Involuntary Manslaughter

Back 9

A homicide committed with malice. Examples
1) Intent to inflict slight bodily injury (malice jr.)
2) Criminal negligence (jr depraved heart)
3) Misdo-Manslaughter - non inherently dangerous felony, malum in se misdo but not malum prohibitum misdo.

Front 10

Justifications

Back 10

Self Defense, Defense of Others, Crime Prevention, Apprehension/Arrest of Criminal, Defense of Property

If allowed, a complete defense

Front 11

Categories of Defenses

Back 11

Justificaiton, Excuse, Mitigaiton

Front 12

Self Defense

Back 12

The defendant may use deadly force to protect against an imminent deadly attack. Deadly force must be reasonable and necessary to repel the attacker.

General rule: no duty to retreat.
Minority rule: D must retreat before using deadly force if safe retreat is available unless D is in her own home (Castle doctrine), a police officer or victim of a violent felony.

Front 13

Self Defense where D is initial agressor

Back 13

defendant cannot assert self defense as a justification unless the defendant withdraws clearly OR D initially used non deadly force and is faced with attacker suddenly using deadly force. AND If safe retreat is available, the initial aggressor must retreat before using deadly force.

Front 14

Defense of others

Back 14

Deadly force if rsbl and necessary to defend another.
Majority rule: D may claim defense of others if the victim reasonably appears to have the right to use deadly force.
Minority rule - step into the shoes - D can claim no more force than the person they are defending.

Front 15

Crime Prevention

Back 15

A police officer or private person may use deadly force if necessary to prevent the commission of a dangerous felony.

Front 16

Apprehension/Arrest of Criminal

Back 16

A police officer or private preson may use deadly force if necessary to apprehend/arrest a dangerous felony.

-Private citizen - only if the felon is actually guilty.
-Police officers are allowed to make a reasonable mistake.

Front 17

Defense of Property/Habitation

Back 17

No deadly force to protect home/property unless you are protecting occupants of home from violent intruder of if intruder intends to commit a felony inside.

Front 18

Categories of Excuse

Back 18

Youth/Infancy, Insanity, Intoxication

If allowed, a complete defense

Front 19

Youth/Infancy excuse rules

Back 19

Under 7, no criminal liability
7 & 14, Rebuttable presumption of no criminal liability
Over 14, treat as an adult

Front 20

Insanity Tests

Back 20

MAID - M'Naughten, ALI (MPC), Irresistible Impulse Test, Durham Test

Front 21

M'Naughten

Back 21

Defendant, as a result of his mental defect, did not know the wrongfulness of his act OR could not understand the nature and quality of his acts.

Focus on Cognitive Impairment

Front 22

Irresistible Impulse

Back 22

Defendant, as a result of a mental defect, was unable to control his conduct or conform his conduct to the law.

Focus on Volitional Ability

Front 23

ALI/MPC Insanity Test

Back 23

Defendant lacked the SUBSTANTIAL CAPACITY to either appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.

Focus on Cognitive and Volitional

Front 24

Durham Test

Back 24

Defendant is not guilty if his crime was the product of a mental disease or defect

Front 25

Voluntary Intoxication

Back 25

D must voluntarily and knowingly consume an intoxicating substance. Not a defense for strict liability crimes or general intent crimes or malice crimes. However, voluntary intoxication can negate specific intent - only if D is so intoxicated he can't form the intend. Also can preclude a finding of deliberation for First Degree Murder.

Front 26

Involuntary Intoxication

Back 26

When the defendant involuntary or unknowigly consumes an intoxicating substance. A defense to all crimes if intoxication renders defendant "insane" under the applicable test.

Front 27

Categories of Mitigation

Back 27

Provocation/Heat of Passion
Good Faith Mistake

Mitgation reduces the crime to voluntary Manslaughter

Front 28

Provocation/Heat of Passion

Back 28

Requires adequate provocation. One that would cause subjective w/ no cooling off and objective passion w/ no cooling off.

Rsnbl provocation can include when D is attacked.

Front 29

Good Faith Mistake

Back 29

An unreasonable mistake that is done in good faith. Can be mitigated to voluntary manslaughter.

Front 30

Degrees of murder

Back 30

At CL no degrees of murder. By statute all states have at least two. First degree - premeditated and deliberate intent to kill OR Felony murder

2nd degree - all other murders that don't qualify.

Front 31

Define Assault

Back 31

Attempted battery (specific intent) OR
Intentional creation of reasonable apprehension of contact (Not specific Intent)

Front 32

Battery

Back 32

Unlawful application of force to another person causing bodily injury or offensive contact.

Front 33

Kidnapping

Back 33

confinement of another person involving either movement or concealment of the victim.

Front 34

Crimes Agasint Property

Back 34

Larceny, Embezzlement, Larceny by Trick, Larceny by False Pretenses, Robbery - all specific intent crimes

Front 35

Larceny

Back 35

Tresspassory taking and carrying away of the personal property of another by trespass with the intent to permanently deprive.

-No consent before taking, consent after taking is still larceny
-Slight movement of item is enough (steak at store)
-Crime against posession, not ownership
- Must have the intent to keep the property at the time of the taking.
EXCEPTION - Continuing trespass - if your taking is wrongful and you later form the intent to steal, larceny will continue until you decide to take. But if the taking is merely a mistake, it isn't larceny.

Front 36

Larceny by trick

Back 36

Same as larceny, but occurs with victim's apparent consent. Consent acquired through misrepresentaitons.

Front 37

Embezzlement

Back 37

The fraudulent conversion of the property of another by one in rightful possession.

Front 38

Larceny by False Pretenses

Back 38

Acquistion of title by false representation with the inte to defraud. Can be the passing of money.

Front 39

Robbery

Back 39

A larceny - (use all those elements) committed from the victim's person or presence by force or threat of force of immedcdiate bodily harm. (pickpocket that gets caught and resists counts)

Front 40

Arson

Back 40

The burning of a protected structure of another with Malice.
Must be charring.
At CL had to be a dwelling house.
Of another - the person in posession
Malice requires 1) specific intent of burning the structure or 2) knowledge of the extremely high risk of the structure burning.

Front 41

Burglary

Back 41

Trespassory breaking & entering of the protected structure at nighttime with the intent to commit a felony therein (SPECIFIC INTENT)

- breaking requires physical movement of a door or window or constructive breaking with fraud.
- requires that something must enter the building (even a hook)
- at CL had to be home
- nighttime requirement elimnated
- you must have the intent when you enter the building.

Front 42

Preliminary Crimes/Inchoate crimes

Back 42

Attempt
Solicitation
Conspiracy

Front 43

Attempt

Back 43

D commits an act of perpetration with the intent to commit the target crime. More than mere preparation, must be a substantial step or come dangerously close to completeing the intended crime.

Merger - attempt merges into the target crime. Can't be convicted of both.

Front 44

Impossibility - Defense for Attempt and Conspiracy

Back 44

Legal Impossiblity - It just isn't a crime. A good defense.
Factual Impossibility - The facts, as defendant believed them to be, would have been a crime. This is not a defense.

Front 45

Solicitaiton

Back 45

D requests another to commit a crime with the intent that the person commit the crime

If the party commits the crime the solicitor is vicariously liable.

Merger - can't be guilty of both target offense and solicitation.

Front 46

Conspiracy

Back 46

An agreement with another party for an unlawful objective + an overt act (not at CL) in furtherance of the conspiracy.

Agreement can be written, oral or implied by conduct.

Majority rule - agreement with an undercover cop is not a conspiracy.
MPC/Minority rule - unilateral theory
Wharton's rule - if the crime targest two parties, there is no conspiracy unless there is another party.

No merger into the target crime

Front 47

Conspiracy - Vicarious Liability

Back 47

All conspirators are liable so long as the crime was reasonably foreseeable and in reasonable furtherance of the conspiracy.

Front 48

Defenses to Conspiracy

Back 48

Withdrawal and Impossiblity

Front 49

Withdrawal

Back 49

Defendant must timely communicate to other Ds his itent to withdraw. Liable for conspiracy but not subsequent crimes.

Minority rule - withdrawal that thwarts the crime under MPC, can absolve liability of the conspiracy.

Front 50

Accomplice

Back 50

With the intent that the crime be committed, aides, counsels or encourages the principal. Liable for the crime and other crimes so long as they are foreseeable.

Front 51

Accessory after the fact

Back 51

With the intent to help a felon escape or avoid arrest or trial, recievces, relieves or assistszs a known felon after the felony has been completed. Under majority rule, not liable for principal's crimes but usually for obstructing punishment (lesser sentence)

Front 52

Comparing conspiracy liability with accomplice liability

Back 52

Co-conspirator is liable for crimes that are foreseeable and are in furtherance of the conspiracy.

Accomplice is liable for foreseeable crimes.

Front 53

Duress

Back 53

D's criminal liability (except intentional homicide) is excused if the crime was committed under the threat of imminent death or GBH.

Front 54

Entrapment

Back 54

D will not have liability if entrapped.
- Plan originates w/gov.
-D is not predisposed.
-Preponderance of evidence
- Puts D's character in issue

Front 55

Mistake of Fact

Back 55

Reasonable mistake of fact can negate the required mental state for the crime. Unreasonable mistake of fact is only a defense to specific intent crimes.

Front 56

Mistake of Law

Back 56

Ignorance of the law is never a defense

Front 57

Four General Principles of Crim Law

Back 57

Actus Reus, Mens Rea, Concurrence, Causation

Front 58

Posession as an Act

Back 58

Posession of controband generally requires only that the D have control of the item for a long enough period of time to terminate the possession. Can be in dominion and control. D needs to be aware of the posession, but not of it's illegality.

Front 59

MPC Fault Standards

Back 59

Purposely- Conscious object to engage in proscribed Conduct.
Knowingly - awareness that conduct is of a particular nature or will cause a particular result
Recklessly - conscious disrecard for a substantial known risk
Negligently - failure to be ware of a substantial risk.

Front 60

Common Law Fault Standards

Back 60

Specific Intent - intent to engage in proscribed conduct
General intent - awareness of acgting in a proscribed manner
Malice -reckless disregard of a known risk
Strict LIability - conscious comission of a proscribed act

Front 61

Mayhem

Back 61

At CL, mayhem required either dismemberment or disablement of a bodily part. Now it is typically treated as a form of aggrivated batttery.

Front 62

False Imprisonment

Back 62

The unlawful confinemnt of a person without his valid consent. MPC requires confinement interfere substantially with vic's liberty.

Front 63

Rape

Back 63

Unlawful carnal knowledge of a woman by a man, not her husband, without her effective consent. Slight penetraiton is sufficent.

Force, threats, incapable of consent, fraud

Front 64

Extortion

Back 64

CL - Corrupt collection of an unlawful fee by an officer under color of office.

Modern - obtaining property by means of threats to do harm or expose information.

Front 65

Receipt of STolen Property

Back 65

Receiving posession and control of stolen property, known to have been obtained in a manner constituting a criminal offense, by another person with the intent to permanently deprive the owner.

Manual possession not necessary. Property must be stolen when the defendant receives it. Defendant must know it was stolen when recieves it.

Front 66

Forgery

Back 66

Making or altering a writing so that it is false with the intent to defraud.

Front 67

Uttering a forged instrumetn

Back 67

offering as genuine an instrument that is false with the intent to defraud

Front 68

Malicious mischief

Back 68

malicious destruction of or damage to the property of another. Damages needs to have been intended or contemplated by the defendant.

Front 69

Perjury

Back 69

intentional taking of a false oath in regard to a material matter in a judicial proceeding

Front 70

Subornation of perjury

Back 70

procuring or inducing another to commit perjury

Front 71

Bribery

Back 71

Paying value for official action. Modernly extended to non public officials.

Front 72

Compounding a crime

Back 72

Agreeing not to prosecute for valuable consideration or to conceal the commission of a felony or the whereabouts of a felon. Modernly, for any crime

Front 73

Misprision of a Felon

Back 73

failure to disclose knowledge of the commission of a felony or to prevent it. Modern statutes this is no longer a crime or if it remains a crime it requires the defendant somehow aid a felon.