Crim Law

Front 1

1, Murder

Back 1

Homocide + Malice Aforethought

Front 2

2. Homicide

Back 2

Killing of another caused by D.
"caused by"-
-D acting alone
-Ommisssion where fiduciary or other duty exists.
-Poss act of 3rd party.

Front 3

3. Liability for Acts of 3rd Party

Back 3

D liable if 3rd party acts is foreseeable and:
-D solicits crime
-Conspirator commits crime (foreseeable and in furtherance)
-D is an accomplice
-D & 3rd in felony murder

Front 4

4. Deadly Weapon Doctrine

Back 4

Intent to kill inferred from use of deadly weapon in a deadly manner.

Front 5

7. Felony Murder- Vicarious Liability

Back 5

Liable for death caused by co-felon &:
Maj- if a non-felon kills a felon
Min- if non-felon kills a non-felon.

Front 6

5. Murder- Malice

Back 6

-Intent to kill (via words or deadly weapon doctrine)
-Intent to inflict great bodily injury.
-Depraved heart (reckless indifference to known high risk of death).
-Felony murder

Front 7

6. Felony Murder

Back 7

Homicide + Inherently Dangerous felony (BARRK)
-Begins during attempt and continues until D reaches place of temp safety.
-must have PXC.
-Felony msut be independent from act that caused death (cant bootstrap assault)
Min- inc. non-dangerous felonies committed in a dangerous manner.

Front 8

17. Invol. Intoxication

Back 8

D involuntarily or unknowingly consumes intoxicant.

Defense to all crimes in D found to be insane under applicable test.

Front 9

M'Naghten Rule

Back 9

D, due to mental defect, didnt know wrongfulness or could not understand nature or quality of act.

Front 10

18. DIminished Capacity Defense

Back 10

Min- Where evi of D's mental defect is insuff for insanity, it may prove D could not form intent for the crime

Front 11

14. ALI/MPC Insanity test

Back 11

D lacked substantial capacity to appreciate wrongfulness of his conduct or to conform to the req. of the law.
-Focus on volitional and cognitive

Front 12

Irresistible Impulse Test

Back 12

D as result of mental defect, was unable to control his conduct or conform his conduct to the law.
- Focus on volitional ability, not cognitive

Front 13

15. Durham Insanity Test

Back 13

D not guilty if crime was the product of his mental disease

Front 14

8. Invol. MS

Back 14

Homicide (w/o malice) +
- into to inflict slight bodily injury (no weapon or just assault)
- Crim neg.- "gross deviation" from reasonable standard of care.
-Misdemeanor MS.

Front 15

16. Voluntary Intoxication

Back 15

"Vol" if D voluntarily and knowingly consumed substances.
- Negates:
-Specific intent if D too
intoxicated to form SI.
-Deliberation

N/A to strict liabilty crimes, gen. criminal intent, or malice

Front 16

19. Voluntary MS

Back 16

Intentional killing mitigated to col MS if
- D experiences adequate provocation such that:
x- would cause passion(subjectively and objectively), and
x- no cooling off occured (D actually didnt, and objective person wouldnt have.).

Front 17

21. Good Faith Mistake

Back 17

Can mitgate to vol MS if:
D who intentionally kills X under good faith, but unreasonable belief as to self defense, defense of others, or crime prevention

Front 18

22. First Deg. Murder

Back 18

Premediate and deliberate intent to kill, or

Felony-murder + based on one of the states specified felonies

Front 19

23. Premeditate and deliberate

Back 19

- Premed- D had time to think about killing X before doing so.
-Delib- D acted in calm and cool frame of mind

Front 20

24. Second Deg. Murder

Back 20

All murders that dont qualify as first deg.

Front 21

25. Assault

Back 21

Attempted battery: D attempts to cause imminient harmful contact w/ X. (specific intent crime). or

Intl. creation of reasonable apprehension of contact.

Front 22

26. Battery

Back 22

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

Front 23

27. Kidnapping

Back 23

Confinement of another involving movement or concealment of X..

Front 24

28. Larceny

Back 24

Trespassory (non-consensual) taking and carrying away of pers. prop of another w/ intent to perm. deprive.
- Need only impact possessory interest, not ownership. (person can be guilty of larceny of their own stuff)

Front 25

29. Larceny- Intent

Back 25

D must have specific intent to keep prop and that intent must exist at taking.

Intent exists if D abandons X's prop, thereby creating a high risk of loss.

Front 26

30. Larceny by trick

Back 26

Larceny +
Taking occuring with X's consent acquired by a misrep. of D

Front 27

31. Embezzlement

Back 27

Fraudulent conversion of prop of another by one in rightful poss.
Fraudulent conversion- where D take prop in manner inconsistent w/ X's grant of possession of prop to D.

Front 28

32. False Pretenses

Back 28

Acquisitions to X's prop by a false representation w/ intent to defraud.
- X must intend to pass title, not just poss.

Front 29

33. Robbery

Back 29

Larceny +
-Committed from X's person or presence (same house gen suff.) by force or threat of force of immediate bodily harm.
- Threats of future bodily harm, or non-bodily harm not suff (would be extortion).

Front 30

34. Arson

Back 30

Burning (charring of actual bldg.) of protected structure(CL- actual house. Mod,- actual bldg) of another(possession ie-LL/T) with malice.
Malice-
- intent to burn structure
- knowledge of extremely high risk of structure burning

Front 31

35. Burglary

Back 31

Trespassory (non-consensual) breaking and entering (byphys movement of door or window or maj.- by fraud ) of the protected structure of another (crime of possession) at night with intent to commit a felony therein.

Front 32

36. Attempt

Back 32

D commits an act of perpetration w/ intent to commit intended crime.
- Must take substantial step toward commission or
- come dangerously close to completing the intended crime

Front 33

37. Merger

Back 33

Attempt merges into target crime if target crime is committed. (Can be charged and tried for both, but not convicted.)

Front 34

38. Legal Impossibility

Back 34

Valid defense that applies only to attempt.
-Acts that D intended to commit arent a crime in the jxd.
- ie. attempted arson of ones OWN home.

Front 35

39. Factual Impossibility-

Back 35

Not a valid def.
-Acts D intended to co,mit would be crime if facts were as D believed them to.

Front 36

40. Solicitation

Back 36

D asks or requests another to commit a crime with intent that person commit the crime.
- If solicitee actually commits the crime, solicitor also liable for crime.

Front 37

41. Conspiracy

Back 37

D enters into agreement w/ another part for an unlawful objective(crim or fraud) and some overt act is performed in furtherance of objective,
-Does not merge into completed crime.

Front 38

42. Conspiracy- Agreement

Back 38

-Can exist by express words or implied by conduct.
-Need not know each other
-so long as working toward common gail,.
maj-- all consp must actually agree (not undercover cop_
Min- One guilty mind is consp if person beleived other party was actually agreeing.

Front 39

43. Conspiracy- Whartons Rule

Back 39

If crime req 2 parties (ie dueling), no conspiracy unless one more person than req to commit the crime.

Front 40

44. Conspiracy- Overt Act

Back 40

Just about anything will qualify (buying supplies, planning escape etc.)

Front 41

45. Conspiracy- Vicarious Liability

Back 41

All consp liable for any crime by other consp. if:
- crime was reasonably foreseeable and
- in reasonable furtherance of consp.

Front 42

46. Conspiracy- Withdrawal Defense

Back 42

D must communicate intent to withdraw to all other conspirators before the target crime occurs.
-D liable for conspiracy but not subsequent crimes.

Front 43

47. Conspiracy- MPC Withdrawal

Back 43

If D goes to police in time for police to stop target crime, D not liable for target crime OR conspiracy.

Front 44

48.
1.Principal
3. Accessory after the fact

Back 44

1. One who,causes the crime to occur with the intent to commit crim
3. One who receives, relieves or assists a known felon after felony, with into to help escape or avoid arrest.

Front 45

49. Accomplice

Back 45

2. One who, aids counsels or encourages principal with intent crim be committed. (silent approval not suff.)
-liable for any other foreseeable crimes.

Front 46

3. Accessory after the fact

Back 46

One who receives, relieves or assists a known felon after felony, with into to help escape or avoid arrest.
-not liable for principals crimes, only obstructing justice

Front 47

51.- Duress

Back 47

D crim liability excused if crime is committed under threat of imminent death or great bodily harm.
-N/A to intentional homicide.
- Applies to felonymurder

Front 48

52. Entrapment

Back 48

D not liable for crime if entrapped by govt.
-must show criminal plan originated w/ govt. and
-D not predisposed to commit the crime.

Front 49

53. Reasonable Mistake of Fact

Back 49

Reasonable:D not guilty, if D makes reasonable mistake of fact or is ignorant of fact that negates mental state for crime. (Homeowner made reasonable mistake family member was intruder.)

Front 50

54. Unreasonable Mistake of Fact

Back 50

Can only negate specific intent.

Front 51

9. Misdemeanor MS

Back 51

D kills while:
-Committing a non-inherently dangerous felony or
- a malum in se misdemeanor (mis. that was always wrongful, i.e battery)
-Not malum prohibitum that is unlawful only by statute

Front 52

10. Self Defense

Back 52

Reasonable and Necc. deadly force ok if:
-Facing imminent deadly attack
-No duty to retreat unless D was initial agressor and safe retreat is available
min- D must retreat if available unless in castle.

Front 53

11. Self Defense- D initial agressor

Back 53

SD not available unless:
- D withdrew and communicated intent to stop
-D initially used non-deadly force and attacker escalated
-D must retreat if available.

Front 54

12. Defense of others

Back 54

Deadly for ok if reasonable and necc to defend another.
-maj- D can use deadly force if other reasonably appears to have the right
-min- "stands in shoes" D can no more force than other actaully has right to .

Front 55

13. Deadly force in re crime prevention

Back 55

Police on private citzien can use if:
-necc. to prevent commission of a dangerous felony or
-apprehend or arrest a dangerous felon
-Pvt citizen can use only if person apprehended is actually guilty of the crime.

Front 56

13.1
Self Defense- Reasonable Mistake

Back 56

Any D can use deadly force based on reasonable mistake, defense of other and crime prevention.
Only police can use deadly force to apprehend or arrest based on a reasonable mistake.

Front 57

13.2 Self Defense of Home and Prop

Back 57

Gen no.
Deadly force can be used to protect occupants of home from violent intruder or if intruder intends to commit a felony inside.

Front 58

13.3 Age as excuse to crime

Back 58

Under 7 No crim liabilty
7-14: Rebuttable presumption of no crim liabilty
14+: Treated as adult.