Crim

Front 1

Jurisdiction - Criminal Offenses

Back 1

1. Where the act happen -- 2. result of the act

Front 2

How to impose criminal liability for ommission?

Back 2

1. Need Legal Duty -- 2. Knowledge of facts giving rise to duty -- 3. ability to help

Front 3

How legal duty can be imposed for criminal liablity?

Back 3

1. statute -- 2. contract -- 3. status relationship -- 4. rescuing -- 5. you create peril

Front 4

Defenses to specific intent crimes?

Back 4

1. voluntary intoxication -- 2. unreasonable mistake of fact

Front 5

Definition of malice?

Back 5

intentionallyu or recklessly disregard obvious or known risk

Front 6

CL Malice Crimes?

Back 6

1. Murder -- 2. Arson

Front 7

Def. General Intent?

Back 7

Generally aware of factors constituting crime. Inference of intent from the act itself (crimes against people)

Front 8

What are the general intent crimes?

Back 8

1. battery -- 2. forcible rape -- 3. false imprisonment -- 4. kidnapping

Front 9

Exception to the Actual cause element in crimes?

Back 9

Accelerating cause: IS an actual cause.

Front 10

Def. of Concurrence?

Back 10

For crime, must have mental state required at the time the criminal act committed.

Front 11

CL Criminal Battery and required mental state?

Back 11

1. unlawful -- 2. Application of force -- 3. Bodily injury OR offensive touching -- 4. General Intent

Front 12

CL Criminal Assault and required mental state?

Back 12

1. Attemped Battery; OR -- -- 1. intentional creation -- 2. not by words -- 3. reasonable fear -- 4. imminent bodily harm -- 5. specific intent

Front 13

CL Year and Day Rule?

Back 13

Death must happen in year and day

Front 14

CL Homicide?

Back 14

1. Death -- 2. another person -- 3. malice aforethought

Front 15

What does CL malice aforethought include?

Back 15

1. intent to kill -- 2. intent to inflict serious bodily injury -- 3. extreme recklessness (indiff to hum life or malignant heart) -- 4. Felony murder Rule

Front 16

CL Voluntary Manslaughter?

Back 16

1. intentional -- 2. in heat of passion -- 3. adequate provocation

Front 17

CL involuntary manslaughter?

Back 17

1. criminally negligent killing; OR -- 2. killing during crime NOT a felony

Front 18

What felonies does the NY murder-felonly rule apply?

Back 18

BRAKES -- -- 1. Burglary -- 2. Robbery -- 3. Arson -- 4. Kidnapping -- 5. Escaping -- 6. Sexual Assault

Front 19

What needs to be shown for non-slayer defense?

Back 19

1. did not kill victim -- 2. did not have deadly weapon -- 3. no reason to thing co-felons had deadly weapons -- 4. no reason to think intended death

Front 20

CL False Imprisonment and required mental state?

Back 20

1. unlawful -- 2. confinement -- 3. w/o consent -- 4. general intent

Front 21

CL Kidnapping and required mental state?

Back 21

1. false imprisonment -- 2. moving or concealing in secret place -- 3. General Intent

Front 22

Forcible Rape and required mental state?

Back 22

1. Intercourse -- 2. w/o consent -- 3. force, threat of force, or while unconscious. -- 4. General Intent

Front 23

CL Larceny?

Back 23

1. trespassory taking -- 2. carrying away (move) -- 3. tangible -- 4. personal property -- 5. of another (who had lawful custody) -- 6. intent to permanently keep

Front 24

Defense to Larceny?

Back 24

Erroneous taking rule, you think it is yours. Never larceny.

Front 25

Def of continuing trespass?

Back 25

Take prop w/o intent to steal; form intent to keep later the guilty of larceny.

Front 26

CL Embezzlement and required mental state?

Back 26

1. conversion of personal property -- 2. by person in lawful possession -- 3. intent to defraud -- 4. specific intent

Front 27

CL False pretenses and required mental state?

Back 27

1. obtain TITLE -- 2. personal prop another -- 3. intentional false statement -- 4. intent to defraud -- 5. specific intent

Front 28

CL Larceny by Trick?

Back 28

1. obtain CUSTODY only -- 2. by intional false statement

Front 29

CL Robbery and required mental state?

Back 29

1. larceny -- 2. from person or pressence -- 3. force or threat immediat injury -- 4. specfic intent to steal

Front 30

CL Forgery and required mental state?

Back 30

1. making/altering writing -- 2. So false -- 3. Intent to defraud

Front 31

What is embezzlement, larceny, false pretenses, and larceny by trick called in NY?

Back 31

Larceny

Front 32

CL burglary and required mental state?

Back 32

1. breaking -- 2. entering -- 3. dwelling house another -- 4. night -- 5. intent to commit felony -- 6. specific intent

Front 33

CL arson and required mental state?

Back 33

1. malicious -- 2. burning -- 3. of building

Front 34

CL Accomplice liability?

Back 34

1. aids/encourages -- 2. intent crime be commited

Front 35

When is someone not an accomplice to a crime?

Back 35

1. mere pressence -- 2. mere knowledge -- 3. victim

Front 36

CL Withdrawal?

Back 36

1. encourager: discourage crime -- 2. aider: neutralize/prevent crime (call cops)

Front 37

CL accessory after the fact?

Back 37

1. help FELON avoid arrest/conviction -- 2. knowledge crime committed

Front 38

What is hindering prosection?

Back 38

Same as accessory after the fact

Front 39

Solicitation and required mental state?

Back 39

1. asking to commit crime -- 2. intent crime be committed -- 3. specific intent

Front 40

Conspiracy and required mental state?

Back 40

1. agreement to commit crime -- 2. overt act in furtherance (prep is enough) -- 3. specific intent

Front 41

What is the wharton rule?

Back 41

when 2 or more people needed to do the underlying crime, no conspiracy unless there are more people than needed to commit the underlying crime. NY FOLLOWS.

Front 42

CL Pinkerton Liability?

Back 42

guilty for crimes by co-conspirator if -- -- 1. in furtherance of conspiracy -- 2. foreseeable

Front 43

Is impossiblity a defense to conspiracy?

Back 43

no, never.

Front 44

Majority/MPC Attempt?

Back 44

1. substantial step toward crime -- 2. strongly corroborate criminal purpose -- 3. Specific intent commit underlying crime.

Front 45

What are the attempt crimes for reckless, negligence, and felony murder crimes?

Back 45

are none

Front 46

Factual impossiblity a defense to attempt?

Back 46

no, never

Front 47

Legal impossibility a defense to attempt? (CL and NY)

Back 47

CL: yes -- NY: No

Front 48

CL Withdrawal from conspiracy?

Back 48

Not a defense, but -- -- 1. not liable for co-conspirator crimes after, but are for foreseealbe ones before

Front 49

CL merger rules?

Back 49

1. Solicitation/attempt merge with completed crime -- 2. CONSPIRACY NEVER MERGERS

Front 50

What are the capacity defenses?

Back 50

1. insanity -- 2. Voluntary intoxication -- 3. Infancy

Front 51

M Naughten Test?

Back 51

1. didn't know act was wrong -- 2. didn't understand nature of act -- -- MAJORITY TEST

Front 52

Irresistible impulse test?

Back 52

1. unable to control actions -- 2. can't conform conduct to law

Front 53

MPC Insanity test?

Back 53

1. appreciate criminality of conduct -- 2. can't conform conduct to law

Front 54

Diff between incompetency and insanity?

Back 54

insanity - time of crime; not guilty -- incompetent - time of trial; can regain and be tried

Front 55

CL: What criminal mental state is voluntary intoxication a defense to?

Back 55

specific intent crimes ONLY

Front 56

CL: Infancy defenses for criminal law?

Back 56

1. 6 or younger; no prosecution -- 2. 13 or younger; rebuttable presumption -- 3. 14 or older; prosecution allowed

Front 57

CL: When can the defense of mistake of fact in criminal case be used?

Back 57

1. reasonable mistake; defense to any crime but strict liability -- 2. unreasonable; defense ONLY to specific intent crimes

Front 58

CL and NY: When can mistake of law be used in criminal case?

Back 58

Never, unless statute makes knowledge of law element of crime.

Front 59

Self defense rule for non-deadly force?

Back 59

1. reasonably necessary -- 2. against immediate -- 3. unlawful force

Front 60

Self defense rule for deadly force?

Back 60

1. reasonably necessary -- 2. against imminent threat -- 3. death or serious bodily injury

Front 61

CL Initial aggressor rule?

Back 61

can't use deadly force unless -- -- 1. withdrawal from fight and communicate that; OR -- 2. victime escalates to deadly fight

Front 62

CL Retreat rule in self defense?

Back 62

Don't have to run

Front 63

Is a reasoanble mistake a defense to having used deadly force in self defense?

Back 63

yes, both CL and NY.

Front 64

CL: Is an unreasonable mistake a defense to having used deadly force in self defense?

Back 64

No, never

Front 65

what kind of force can you use to defend someone else?

Back 65

as much as you would have used to defend yourself.

Front 66

what kind of force can you use to defend property?

Back 66

NO deadly unless burglary of your home.

Front 67

CL: When and what kind of force can you use in resisting an arrest?

Back 67

1. if the arrest is unlawful -- 2. non-deadly force

Front 68

When can the cops use deadly force?

Back 68

when reasonable to do so.

Front 69

CL rule for necessity defense in criminal law?

Back 69

1. reasonable belieft -- 2. prevent greater harm -- -- CAN'T USE FOR HOMICIDE

Front 70

CL rule for duress defense in criminal law?

Back 70

1. forced from threat -- 2. imminent death/serious bodily harm -- 3. to himself or close family member -- -- CAN'T USE FOR HOMICIDE

Front 71

Entrapment defense rule?

Back 71

1. crime originated with gov -- 2. person not predisposed to commit the crime

Front 72

Proximity Theory

Back 72

Liable for murders committed by 3rd parties during FM

Front 73

Agent Theory

Back 73

Not liable for murders committed by 3rd parties during FM

Front 74

Scorching or Charring

Back 74

Charring

Front 75

Possession of Stolen Goods

Back 75

Control // knowledge of stolen status

Front 76

Receipt of Stolen Property

Back 76

Receiving posession & control // knowledge of stolen & intent to permanently deprive

Front 77

One-person Conspiracy

Back 77

No, must have two guilty minds. If acquitted, cannot convict