Barbri Mbe Crim Law/pro

Front 1

Essential Elements of Crimes

Back 1

- Act (Actus Reus) must be voluntary
- Mental State (Mens Rea)
- Causation
- Concurrence

Front 2

Inchoate Crimes (preparing to commit another crime)

Back 2

- Solicitation
- Conspiracy
- Attempt

Front 3

Defenses

Back 3

- Insanity
- Intoxication
- Infancy
- Mistake
- Self-Defense
- Duress
- Entrapment

Front 4

Omission as an act: when does failure to act give rise to liability (3-part test)

Back 4

1. there was a legal duty to act

2. D has knowledge of the facts giving rise to the duty, and

3. it is reasonably possible to perform duty

Duty arises from: statute, contract, relationship between D/P, voluntary assumption of care, or the creation of peril for the victim by the D

Front 5

Maximum punishment for a misdemeanor

Back 5

1 year in prison

Front 6

Define a physical act

Back 6

An act is a voluntary bodily movement. Involuntary acts such as reflex or unconscious conduct do not count.

Front 7

Three requirements for Act of Omission

Back 7

1. A legal duty to act
2. Knowledge of the facts giving rise to the duty
3. The ability to help

Front 8

Legal duties can be created by (5):

Back 8

1. statute
2. Contract
3. Status relationship (spouse/spouse, parent/child)
4. Voluntary assumption of care
5. Creation of the peril

Front 9

Requirements for Possession:

Back 9

(1) Control for a period of time long enough to have an (2) opportunity to terminate possession.

Front 10

Define Constructive Possession

Back 10

Close enough for D to exercise DOMINION and CONTROL over the contraband

Front 11

Common Law Mental States (4)

Back 11

1. Specific Intent
2. Malice
3. General Intent
4. Strict Liability

Front 12

Define CL specific intent

Back 12

When the crime requires not just the desire to do the act, but also the desire to achieve the specific result

Additional defenses available

Front 13

CL Specific Intent Crimes (11)

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

Back 13

1. Solicitation: intent to solicit criminal act
2. Conspiracy: intent to have crime completed
3. Attempt: intent to complete crime
4. First Degree Murder: premeditated intent

5. Assault: intent to commit battery

6. Larceny: intent to permanently deprive

7. Embezzlement: intent to defraud
8. False Pretenses: intent to defraud
9. Robbery: intent to use force
10. Burglary: intent to commit a felony in a dwelling

11. Forgery: intent to defraud

Front 14

Define CL Malice

Back 14

When a D acts intentionally or

with reckless indifference to an obvious or known risk

Front 15

CL Malice Crimes (2)

Back 15

1. 2nd degree Murder (CL murder)
2. Arson

Front 16

Define General Intent

Back 16

The D need only be generally aware of the factors constituting the crime; he need not intend a specific result.

Front 17

CL General Intent Crimes

Back 17

ALL crimes against the person

i.e. battery, forceable rape, kidnapping, false imprisonment, etc

Front 18

Crimes against the person

Back 18

1. Battery
2. Assault
3. Murder (and all lesser included offenses)
4. False Imprisonment
5. Kidnapping
6. Rape (Forcible and Statutory)

Front 19

Define Strict Liability

Back 19

When the crime requires simply doing the act; NO MENTAL STATE is needed

Front 20

CL Strict Liability crimes (2)

Back 20

1. Public Welfare offenses
2. Statutory rape

Front 21

MPC Mental States (5)

Back 21

1. Purposely
2. Knowingly
3. Recklessly
4. Negligently
5. Strict Liability

Front 22

Define MPC Purposely

Back 22

When it is the D's conscious object to accomplish a particular result

Front 23

Define MPC Knowingly

Back 23

When the D is aware of what he is doing and there is a substantial likelihood that the result will occur

Front 24

Define MPC Recklessly

Back 24

When the D is aware of a substantial and unjustifiable risk, AND consciously disregards that risk

Front 25

Define MPC Negligently

Back 25

When the D should have been aware of a substantial and unjustifiable risk.

Front 26

Define MPC Strict Liability

Back 26

When the crime is a violation that carries NO possibility of jail time

Front 27

Causation needed for guilt

Back 27

BOTH Actual and Proximate causation

Front 28

Rule for Actual Causation

Back 28

a D is an actual cause if the bad result would not have happened BUT-FOR the D's conduct

Exception - an "accelerating cause" is an actual cause

Front 29

Rule for Proximate Causation

Back 29

a D is the proximate cause if the bad result is a natural and probable consequence of the D's conduct

Front 30

Effect of Intervening Causes on proximate cause

Back 30

D will NOT be considered the proximate cause if an UNFORESEEABLE INTERVENING EVENT causes the bad result

Front 31

Effect of Eggshell Victims on Proximate Cause

Back 31

D WILL be considered a proximate cause even if the victim's pre-existing weakness contributed to the bad result.

Front 32

CL Battery Elements

Back 32

1. The unlawful
2. application of force to another
3. Resulting in bodily injury or offensive touching

With general intent

*Force need not be applied directly (poison)

Front 33

CL Assault Elements

Back 33

1. Intentional creation (other than by mere words)
a. of reasonable fear in the mind of the victim
b. of imminent bodily harm; or

2. attempt to commit a battery

Front 34

Ways to elevate to Aggravated Assault and Battery

Back 34

- a deadly weapon is used; or
- the victim is a child; or cop
- the intent is to maim, rape, or murder

Front 35

CL Murder Elements

Back 35

1. Causing Death
2. Of another person
3. with Malice Aforethought

Front 36

What constitutes Malice Aforethought

Back 36

- intent to kill
- intends to inflict serious bodily harm
- extreme recklessness (reckless indifference to human life / "abandoned & malignant heart")
- intentionally committing an inherently dangerous felony

Front 37

Transferred Intent

Back 37

When D intends to harm one victim, but accidentally harms a different victim instead, the intent will transfer to the new victim.

does NOT apply to attempts

Front 38

Define Majority First Degree Murder

Back 38

Any killing committed with
- premeditation AND
- deliberation (calm and cool)

Front 39

Define Majority Second Degree Murder

Back 39

All intentional murders that are not first degree

Front 40

Define CL Felony Murder and Limitations

Back 40

Any killing caused during the commission of or attempt to commit an inherently dangerous felony. (even accidental) (proximate)

Limited by:
1. D must be guilty of underlying felony

2. separate from the killing itself
3. Take place during felony/immediate flight
4. Death must be foreseeable result of felony
5. Victim can't be a co-felon

Underlying theory: Proximate (If death is proximate caused by co-felon, all liable) vs. Agency (Killing must be committed by co felon for liability)

Front 41

CL Voluntary Manslaughter Elements

Back 41

1. An intentional killing
2. committed in the heat of passion
3. After adequate provocation

Front 42

CL Requirements for Provocation

Back 42

- would arouse sudden & intense passion in the mind of a reasonable person

- D was actually provoked
- D did not have time to cool off
- D did not actually cool off

Front 43

Define CL Involuntary Manslaughter

Back 43

- A killing committed with criminal negligence

OR

- A killing committed during the commission of a misdemeanor or a felony that does not qualify for felony murder.

Front 44

Define MPC Murder

Back 44

Killing committed:

-Purposefully or Knowingly

OR

- with extreme recklessness

Front 45

Extreme recklessness is PRESUMED where a killing occurs in the course of (MPC)

Back 45

B - burglary
R - robbery
A - arson
K - kidnapping
E - escape
S - sexual assault

Front 46

Define MPC Manslaughter

Back 46

Killing committed:

- Recklessly

OR

- purposefully or knowingly under the influence of extreme emotional disturbance (heat of passion)

Front 47

Define MPC Criminally Negligent Homicide

Back 47

Killing committed negligently, meaning the D should have known of the substantial and unjustifiable risk of death

Front 48

Elements of False Imprisonment

Back 48

1. The unlawful
2. Confinement of a person
3. Without his consent

Mental State - General intent

Front 49

Elements of Kidnapping

Back 49

1. False imprisonment
2. that involves moving the victim or concealing the victim in a secret place

Mental State - General intent

Front 50

Factors that will elevate kidnapping to aggravated kidnapping

Back 50

1. the purpose is to collect ransom
2. the purpose is to commit a rape or robbery
3. the victim is a child

Front 51

Elements of Forcible Rape

Back 51

1. Sexual Intercourse
2. Without the victim's consent
3. Accomplished by
- force
- threat of force
- when unconscious

Any amount of penetration is sufficient.

Mental State - General Intent

Front 52

Elements of CL Statutory Rape

Back 52

1. Sexual Intercourse
2. with someone under the age of consent

Mental State - Strict Liability

Front 53

MPC distinguished from CL Statutory Rape mental state

Back 53

MPC requires a mental state of negligence so that reasonable mistake as to the age can be a defense

Front 54

Define CL Larceny

Back 54

"Thieves Picked Charlie's Pocket Inside The Airport Terminal."

1. Taking and

2. carrying away of the
3. tangible personal property of

4. another with possession, without

5. consent, with the
6. Intent to permanently deprive them (steal)

*slightest movement of property suffices

**taking property under the mistaken belief that it is yours is not CL larceny. Intent to permanently deprive must exist at the time of the taking.

Front 55

The Erroneous Takings Rule

Back 55

A taking under claim of right is never larceny, even if the D erroneously believes the property is his. (b/c no intent to deprive/steal)

Front 56

Continuing Trespass Rule

Back 56

1) If the D wrongfully takes property without intent to steal

2) but later forms the requisite intent,

3) the initial trespassory taking is continued and he is guilty of larceny.

Front 57

Define CL Embezzlement

Back 57

1. Conversion of the

2. personal property of

3. another by

4. a person already in lawful possession, with

5. intent to defraud

note: intending to give back exact property in exact form does not meet intent to defraud element.

Front 58

Define CL False Pretenses

Back 58

1. Obtaining title to the

2. personal property of

3. another, by an

4. intentional false statement, with the

5. intent to defraud.

Note: D gets title (ownership) w/ FP
: stmt must be of a present or past event (not a future promise.

Front 59

Define CL Larceny by Trick

Back 59

If the D obtains only custody (not title) as a result of the intentional false statement, the crime is larceny by trick.

Front 60

CL Robbery Elements

Back 60

1. A taking of

2. another's personal property
3. From another's person or presence
4. by force or threat of immediate injury

Mental state - specific intent to steal

Front 61

CL Forgery Elements

Back 61

1. Making or altering a writing
2. so that it is false (a fake, not just misrep)
3. With intent to defraud

Front 62

MPC approach to property crimes

Back 62

- Combine to create THEFT
- seriousness determined by value of property stolen

Front 63

Define CL Burglary

Back 63

1. Breaking, and

2. entering, of a

3. dwelling of

4. another at

5. night with the

6. intent to commit a felony inside.

Note: Constructive breaking counts as gaining entry through fraud, threats, or intimidation.

Front 64

Define CL Arson

Back 64

The malicious burning of a building.

Burning is defined as: material wasting and it must include the fiber of the building itself (i.e. not a carpet within)

scorching--insufficient

charring--sufficient

Front 65

Rule of Accomplice Liability

Back 65

The accomplice is liable for all crimes that he aided, advised, or encouraged, with intent they be committed

AND

all other foreseeable crimes committed along with the aided crimes.

**Members of class protected by crime they assist cannot be liable.

Front 66

How can an accomplice WITHDRAW if he encouraged? aided?

Back 66

Encouraged - must discourage the crime before committed (repudiate)

Aided - must attempt to neutralize the crime

(Contact the police)

Front 67

Define CL Accessory After the Fact

Back 67

A party who

1. With knowledge that the crime has been committed,

2. helps the principal avoid arrest or conviction

Front 68

Define Solicitation

Back 68

ASKING someone to commit a crime, with the intent that the crime be committed.

Crime completion unnecessary

Front 69

Define Conspiracy

Back 69

1. The intentional entering into an

2. agreement by

3. two or more people

4. for an unlawful purpose,

5. PLUS an overt act in furtherance of purpose. (can be a little act)

**Members of class protected by crime they intend cannot be liable, (and if only two then no conspiracy in CL)

Front 70

Wharton Rule

Back 70

When two or more people are necessary for the commission of the substantive offense, there is no conspiracy UNLESS more parties participate in the agreement than are necessary for the crime.

Front 71

Can you have a one-person conspiracy in CL? in MPC?

Back 71

CL - no - there must be at least two convicted parties, agreement had to be real. (bi-lateral)

MPC - yes - a D can be convicted of conspiracy even if the others involved are acquitted/pretending (uni-lateral)

Front 72

What is Pinkerton Liability?

Back 72

Vicarious liability for conspiracy.

D will be liable for other crimes committed by his co-conspirators if those crimes were

- in furtherance of the conspiracy's objectives AND
- foreseeable

Front 73

Define Attempt

Back 73

The overt act beyond mere preparation with the specific intent to commit the underlying crime.

CL - conduct that gets dangerously close to the commission of the crime.

MPC - conduct that constitutes a substantial step towards the commission of the crime, that strongly corroborates criminal purpose.

Front 74

Is factual impossibility a defense to attempt?

Back 74

No.

Front 75

Is legal impossibility a defense to attempt?

Back 75

Yes.

Front 76

Merger Rule for Inchoate Offenses

Back 76

Solicitation and Attempt merge with the completed crime.

Conspiracy does not merge and can be charged in conjunction with the completed crime.

Front 77

Define the defense of Insanity

*Burden of proof

Back 77

1. D must have a mental disease or defect

2. at the time of the crime that

3. renders the D legally insane.

4. M'Naghten vs. MPC

Burden of Proof (majority): D must prove insanity by a preponderance of the evidence

Front 78

The M'Naghten Test

Back 78

D:

1. Didn't know that his act was wrong, OR

2. Didn't understand the nature and quality of his act

Front 79

The MPC Test (Insanity)

Back 79

the D lacked the substantial capacity to either

1. appreciate the criminality of his conduct, OR

2. conform his conduct to the requirements of the law. (Out of control)

Front 80

Voluntary Intoxication

Back 80

Self induced "prostration of the faculties so severe that D could not form specific intent."

Front 81

CL Defense of Infancy

Back 81

"Rule of Sevens"

7U: Prosecution not allowed

14U: Rebuttable presumption against prosecution

14+: Prosecute him.

Front 82

Mistake of FACT

Back 82

Mistake of fact negates intention, so...

Specific Intent: reasonable/unreasonable

Malice/General Intent: reasonable

Strict Liability: no defense

Front 83

Self-defense

Back 83

A D may use non-deadly force if

1) he reasonably believes it necessary

2) to prevent/protect against

3) imminent use of

4) unlawful force against him.

A D may use deadly force if

1) he reasonably believes it necessary

2) to prevent/protect against

3) imminent threat of

4) death or serious bodily harm

No initial aggressor unless he withdraws/communicates OR the victim escalates into a deadly fight.

Front 84

Other Use of Force Defenses

Back 84

Prevent Crime: (1) Non-deadlyforce if reasonably necessary to prevent serious breachof the peace. (2) Deadlyforce may only be used to prevent a felony risking human life.

Defense of Others: Same way he would defend himself

Defense of Property: Deadly force generally may not beused to defend property, but it can be used to protect your dwelling if:

a) Intruder gained entry in violent manner, and

b) Occupant reasonably believes deadly force is necessary toprevent personal attack on herself or someone else in dwelling.

Resisting Arrest: Only if arrest unlawful, the Δ may use non-deadly force to resist officer.

Cop: Officer may use deadly forceonly when reasonable under the circumstances.

Front 85

Retreat Rule

Back 85

Majority: retreat never required

Minority: retreat required if it is safe to do so.

Even if it is required, no duty to retreat:

1. from your home,

2. if you are the victim of a rape or robbery, and

3. police officers have no duty to retreat

Front 86

Necessity

Back 86

Defense to criminal conduct if D

1) reasonably believes

2) conduct wasnecessary to prevent a greater harm.

**No causing death to protect property; AND no use where D created situation that creates a choice of evils.

Front 87

Defense Rule of Duress

Back 87

D's conduct is excused if

1. D reasonably acted under threat

2. of imminent death or great bodily harm,

3. to himself or a family member, and

4. D didn't commit a homicide

EXCEPT in homicide

Front 88

Define Entrapment

Back 88

The Defendant has a defense to a crime committed if,

1. The criminal design originated with law enforcement, and

2. the defendant was not predisposed to commit the crime

Front 89

Withdrawal from conspiracy

Back 89

No withdrawal from conspiracy once it's locked in.

To withdraw from future crimes of the conspiracy, D must

1) Affirmatively notify co-cons of withdrawal, and

2) Try to neutralize the crime. (Snitch)

Front 90

Involuntary intoxication

Back 90

Defense to all crimes

Intoxication resulting from taking intoxicant

1. w/o knowledge of nature, or

2. under direct duress, or

3. pursuant to medical advice while unaware.

Treated as insanity