Bar Review Criminal Law

Front 1

Conspiracy

Back 1

An agreement at C/L between two or more people to commit a crime, with intent:
(1) to agree to commit the offense, and
(2) to commit the offense itself.

Most modern JX require an overt act in preparation or furtherance.

Hint 1

Wharton's Rule

Front 2

Murder

Back 2

An unlawful homicide with malice aforethought. The intentional act must be the cause-in-fact and proximate cause of the unlawful killing, and at common law it must be within a year and a day.

Front 3

Transfered Intent

Back 3

A defendant's intent is to commit a crime against one party, but causes injury or crime against a second person. The defendant's intent will be treated (transferred) as if the defendant intended injury to that second person.

Front 4

Malice Aforethought

Back 4

The requisite state of mind required for murder. It is found to exist if any of the following states of mind are present:
1) Intent to Kill (express malice)
2) Intent to cause grievous bodily injury
3) Reckless disregard towards the value of human life (abandoned or depraved heart)
4) Intent to commit a dangerous felony which results in a homicide.

Front 5

Voluntary Manslaughter - Heat of Passion Elements

Back 5

Requires the following ACT:
1) Adequate provocation
2) Causal connection between heat of passion and the killing
3) Timing is such that killer had no time to cool off and in fact did not cool off between provocation and action.

Hint 5

A-C-T

Front 6

Specific Intent Crimes

Back 6

A specific intent crime involves not only doing the criminal act itself, but also having an intent that a specific objective or intent is achieved. BAT MASC
The specific intent crimes include:
B - urglary
A - ssault
T - heft (larceny, robbery, embezzlement, forgery)

M - urder (1st)
A - ttempt
S - olicitation
C - onspiracy

Hint 6

BAT MASC

Front 7

Defenses to Crimes

Back 7

Insanity - Drunkenness - Entrapment - Mistake - Age - Necessity - Duress - Prevention of a crime - Others defense - Property defense - Self defense
I DEMAND my POPS

Front 8

Attempt

Back 8

A specific intent crime requiring 1) the specific intent to commit the crime, 2) a substantial step towards successfully committing the crime (actus reus), and 3) an incomplete commission of a crime.

Attempt merges with a completed crime, so a defendant cannot be guilty of both.

Hint 8

Substantial step

Front 9

Co-conspirator Liability

Back 9

A conspirator is responsible for the acts of co-conspirators where:
1) the act is foreseeable in committing the agreed to crime
2) the act is in furtherance of the conspiracy

Front 10

Assault

Back 10

1) An attempt to commit a battery, OR
2) The intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm or offensive contact.

Front 11

Insanity

Back 11

A complete defense to a criminal charge. Insanity is a legal standard with four varieties.

Front 12

M'Nagthen Insanity Test

Back 12

The right from wrong rule.
1) The defendant suffered a mental disease or defect, AND
2) That as a result, he did not understand the nature and quality of his act, OR he did not know his act was wrong.

Front 13

Irresistible Impulse Test

Back 13

The defendant is unable to control his conduct due to mental illness.

Front 14

Durham Insanity Test

Back 14

Acquittal is appropriate where the crime is a result of mental illness.

Front 15

Model Penal Code Insanity Test

Back 15

Acquittal is appropriate where the defendant, due to mental illness, lacked substantial capacity to:
1) Appreciate the criminality of his conduct, OR
2) Conform his conduct to the law.

Front 16

Voluntary Manslaughter

Back 16

An intentional homicide committed without malice aforethought.
Includes:
1) Heat of Passion Murder
2) An unreasonable mistake about the need for self-defense (imperfect self-defense).

Front 17

Solicitation

Back 17

Intentionally inciting, urging, or commanding another to commit a crime. The person solicited need not agree.
Solicitation will merge into a completed crime.

Front 18

Accomplice Liability

Back 18

An accomplice is one who assists or encourages another in the commission of a crime, but who does not commit the actus reus of the crime.
The accomplice is liable for the principle crime as well as any crimes that are the foreseeable or probable result of the principle crime.
CANNOT BE GUILTY OF BEING AN ACCOMPLICE, GUILTY OF THE CRIME BY WAY OF ACCOMPLICE LIABILITY.

Hint 18

assist - encourage

Front 19

Involuntary Manslaughter

Back 19

An unintentional homicide.

1) Criminal negligence - gross negligence so extreme it is punishable as a crime.
2) Unlawful act - misdemeanor manslaughter rule. Accidental killing during a malum in se misdemeanor.

Front 20

Arson

Back 20

The malicious or reckless burning of the dwelling house of another. A specific intent crime.
Modern law has abandoned the dwelling house requirement.

Front 21

Burglary

Back 21

A breaking and entering the dwelling house of another (at night) with specific intent to commit a felony or larceny therein.

Hint 21

felony or larceny

Front 22

Larceny

Back 22

The trespassory taking and carrying away of the personal property of another with specific intent to permanently deprive them of the property.

Front 23

First Degree Murder

Back 23

First degree murder is a deliberate and premeditated intent to kill murder, or a felony murder. Deliberation includes acting without impulse or in sudden anger, and premeditation is thinking about the act, however briefly, before committing it.

Front 24

Felony Murder Rule

Back 24

Felony murder is a killing of a person, even accidental, during the course of an inherently dangerous felony. This doctrine holds that the defendant is guilty of “constructive murder” because the intent to commit the felony substitutes for the intent to kill.

Inherently dangerous felonies are Burglary, Arson, Kidnapping, Rape, and Robbery (BAKRR)

Front 25

Second Degree Murder

Back 25

A murder is of the second degree where it lacks deliberation and premeditation, or it was not the result of the commission of an inherently dangerous felony (BAKRR).

Front 26

Deliberate and Premeditated

Back 26

Deliberate means dispassionate and without impulsiveness. Premeditated means it was considered or thought of beforehand.

Hint 26

dispassionate / considered

Front 27

Malice Aforethought

Back 27

Requisite mental state for murder.
It exists if any of the following are present.
1) Intent to kill (express malice)
2) Intent to inflict grievous bodily injury
3) Reckless indifference to value of human life (abandoned or depraved heart murder)
4) Felony murder - Intent to commit a dangerous felony which results in a homicide.

Front 28

Accomplice

Back 28

One who assists or encourages the carrying out of a crime, but does not commit the actus reus.

Front 29

Principle

Back 29

The one who commits the actus reus.

Front 30

Larceny by Trick

Back 30

Where the defendant gains possession of property by fraud or deceit. D rents a car from V, a car rental agency. At the moment of the rental transaction, D has already decided that he will not return the car. Possession was obtained by deceit.

Front 31

Constructive Breaking

Back 31

A threat causing an occupant to let a D into a building will satisfy the breaking element of burglary.

Front 32

Robbery

Back 32

Is a larceny with two additional elements:
1) property is taken from the person or in the person's presence
2) Accomplished through force or fear of force.

Front 33

Conspiracy - Effective withdrawal

Back 33

1) Notify all members of conspiracy in time for abandonment
2) Neutralize any assistance given
3) Still guilty of conspiracy, but not for the crimes of co-conspirators if they complete the crime. MPC requires an overt act to thwart the success of the conspiracy.

Front 34

Stalking

Back 34

Repeated and intentional harassment of another which creates a credible threat, placing that person in fear of their safety.

Front 35

Attempt SSS

Back 35

Specific intent to commit a crime
Substantial step toward the crime
Short of completion of the crime

Front 36

Withdrawal from Conspiracy

Back 36

Cannot withdraw, only limit liability of involvement through NOTIFICATION to co-conspirators and NEUTRALIZE ASSISTANCE given.