Crim Law

Front 1

What are the three sources of law for the MBE? Which do you use?

Back 1

1) Common Law, 2) MPC, 3) Majority Statutes. USE CL

Front 2

What do you use on the NY exam?

Back 2

NY Penal Code (close to the MPC)

Front 3

Essential Elements of a Crime (4)

Back 3

1. PHYSICAL ACT
2. MENTAL STATE
3. CAUSATION
4. Concurrence

Front 4

What do you call liability for the conduct of others?

Back 4

Accomplice Liability

Front 5

What is the word for an incomplete offense?

Back 5

Inchoate offense

Front 6

What are the three incohate offenses?

Back 6

Solicitation, Conspiracy, Attempt

Front 7

How is Criminal jurisdiction decided? How do you decide which state a crime can be prosecuted in?

Back 7

Crim Jur. is TERRITORIAL. So a crime can be prosecuted in ANY state where an Act that was part of the crime took place OR in any state where the RESULT took place

Front 8

What are the six defenses in criminal law?

Back 8

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

Front 9

How is Criminal jurisdiction decided? How do you decide which state a crime can be prosecuted in?

Back 9

Crim Jur. is TERRITORIAL. So a crime can be prosecuted in ANY state where an Act that was part of the crime took place OR in any state where the RESULT took place

Front 10

What is the prosecution's burden of proof in a criminal case?

Back 10

Prosecution must prove EACH ELEMENT of the crime BEYOND A REASONABLE DOUBT

Front 11

Who has the burden to prove defenses and by what standard must it be proven? What's the exception to this rule?

Back 11

Once a defense is raised by D, PROSECUTION must disprove each element of the defense BEYOND A REASONABLE DOUBT. Exception- Insanity must be proven by DEFENDANT by a PREPONDERANCE OF THE EVIDENCE

Front 12

What is the NY Rule regarding Defenses?

Back 12

In NY, defenses are divided into two types:
a) "Defenses" - PROSECUTION must prove BEYOND A REASONABLE DOUBT
b) "Affirmative Defenses" - DEFENDANT must prove BY A PREPONDERANCE OF THE EVIDENCE

Front 13

In the Physical Act requirement, define "Act"

Back 13

An act is a VOLUNTARY BODILY MOVEMENT (conscious decision)

Front 14

Give three examples where D's movements will not be considered "acts"

Back 14

sleepwalking or unconscious movements; reflex or convulsion (seizure); when someone else moves D

Front 15

What are the three requirements for an omission to lead to criminal liability?

Back 15

1. D must have a LEGAL DUTY to act
2. D must have KNOWLEDGE of the facts giving rise to the duty (e.g. wife drowning, must know it's your wife)
3. D must have the ability to help
Note - even if you meet these, still have to prove other elements of crime

Front 16

Elements of Crime: Mental State
What are the two types of strict liability crimes?

Back 16

1. Statutory Rape - sex with someone under the age of consent
2. Public Welfare Offenses (regulatory or morality offenses with small penalties, such as: selling alcohol to a minor, selling contaminated food, corrupting morals of a minor, environmental crimes

Front 17

Elements of Crime: Mental State
How do you determine whether Mistake of Fact will be a defense?

Back 17

Depends on the mental state for the crime and whether the mistake is reasonable or unreasonable:
1) Specific intent - ANY mistake will be a defense (even unreasonable one) - applies to all 11
2) general intent - only a R mistake
3) Strict liability - mistake will NEVER be a defense

Front 18

Elements of Crime: Mental State
When is mistake of law a defense?

Back 18

General Rule - mistake of law is no defense
Exception - if the statute specifically makes knowledge of the law an element of the crime (Selling to a known felon)

Front 19

Element of Crime: Causation
Will D still be be considered a proximate cause if there is an intervening cause of the bad result?

Back 19

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

Front 20

Crimes Against the Person: Homicide:
When must the victim die for the act to qualify as homicide under CL and NY?

Back 20

CL - death must occur within a year and a day of the homicidal act
NY - death may occur at any time

Front 21

Crimes Against the Person: Homicide: Murder - Mental State
1. What act creates an inference of an intent to kill?
2. What is transferred intent? What crimes does transferred intent not apply?

Back 21

1. The intentional use of a deadly weapon creates an inference of an intent to kill
2. If a D intends to harm one victim, but accidentally harms a different V, D's intent will transfer form the intended V to the actual V (applies to murder and other crimes)
Transferred intent DOES NOT apply to ATTEMPTS

Front 22

Crimes Against the Person: Homcide: Felony Murder
1) Define

Back 22

1) any killing caused during the commission of or attempt to commit a felony

Front 23

NY Homicide: Criminally Negligent Homicide
Definition?
Mental State?

Back 23

Definition: The defendant SHOULD HAVE KNOWN ABOUT a substantial and justifiable risk of death.

Front 24

Crimes Against the Person: Confinement Offenses: False Imprisonment
Elements?
Mental State?

Back 24

- unlawful
- confinement of a person
- without consent

general intent

Front 25

Crimes Against Property: Theft Related Offenses: Larceny by Trick
Define

Back 25

Same as Larceny, but if the D obtains only possession, not title, as a result of false statement, the crime is "larceny by trick," not false pretenses

Front 26

Crimes Against Property: Theft Related Offenses: Robbery
NEW YORK ONLY
A) Define - 1) Third Degree, 2) Second Degree, 3) First Degree
B) What is D's defense to First Degree Larceny? Is it a defense or an affirmative defense?
C) When does robbery turn into Murder-2? Murder-1?

Back 26

3rd Degree: forcible stealing
2nd Degree: forcible stealing plus:
- aid from another or
- victim is injured or
- car is stolen (carjacking) (Note - this is not "car theft" - it is stealing a car by force with the person present)
1st Degree: forcible stealing plus:
- victim is seriously injured or
- D uses/displays firearm
B) Affirmative Defense - if D can show gun was unloaded or inoperable, reduce to 2nd degree
C) Murder-2 if the victim is killed accidentally (Felony Murder)
Murder-1 if the V is killed intentionally

Front 27

Crimes Against Property: Theft Related Offenses: Malicious Mischief
Elements
What is this crime called in NY?

Back 27

-destroying or damaging someone else's property
-with the intent to defraud
NY calls it "criminal mischief

Front 28

Possession offenses - examples
1) What does NY call possession of drugs?
2) What are the two additional requirements for Criminal Possession of a weapon in NY?
3) what must Pros. prove when there is a gun in a vehicle with multiple occupents?
4) Can D be convicted of Crim Possession of stolen property if the property was obtained by the cops with consent of its owner in a sting operation?
5) What is the CL name of Criminal Possession of a Forged Instrument?

Back 28

1) Criminal Possession of a Controlled Substance
2) Gun must be loaded and operable
3) Presence of a gun in a vehicle causes a statutory presumption that all occupants of the vehicle possessed the gun
4) No. The property must actually be stolen. So property that is ABANDONED or used with PERMISSION does not qualify
5) Uttering

Front 29

Crimes Against Property: Habitation Offenses: CL Burglary
Define:
1) "Breaking"
2)" Entry"
3) "Dwelling"
4) "of another"
5) "Intent to commit felony inside"
6) Modern Statutory changes

Back 29

1_ creating or enlarging an opening BY FORCE (Can be minimal)
- includes breaking/opening a window/door
- does not include climbing through an open window, entering with permission
2) Some part of D's BODY must enter the building
3) A structure where someone regularly sleeps
4) You can't burglarize your own house
5) has to intend to commit felony at the time - concurrence: if D develops requisite intent later, insufficient
6) many states have eliminated the technical requirements of breaking, at night, and dwelling

Front 30

Crimes Against Property: CL Arson
Definition

Back 30

The malicious burning of a building

Front 31

Crimes Against Property: Arson
NEW YORK ONLY
1) Define Fourth through First Degree Arson
2) Arson and Homicide

Back 31

1) 4th Degree: reckless burning of building (incl charring)
3rd Degree: intentional burning of a building
2nd Degree: 3rd Degree plus D knows or shouldve known a person was inside
1st Degree: 2nd degree plus explosive device
2) V killed accidentally- Second Degree Murder
V killed intentionally during first or second degree arson - 1st Deg Murder

Front 32

Accomplice Liability: Scope
1) What crimes will the accomplice be guilty of?
2) Will the accomplice still be guilty if the principal is not prosecuted? What if principal has an individual defense?

Back 32

1)
- all crimes he aided and encouraged and
-all other foreseeable crimes committed along w/the aided crime
2) in both, accomplice can still be guilty

Front 33

Inchoate Offenses
What are the three inchoate offenses?

Back 33

Solicitation, conspiracy, and attempt

Front 34

Inchoate Offenses: Solicitation
1) Elements
2) Mental state
3) What happens if the person does not complete the crime?

Back 34

1) - asking another to commit a crime with the intent the crime be committed
2) Specific intent that the person go and commit the crime (even though the underlying crime might not be)
3) Completion is unnecessary - the crime is in the asking (other person does not have to agree)

Front 35

Inchoate Offenses: Conspiracy
Elements
Mental state

Back 35

-An AGREEMENT between 2 or more people to commit a crime, plus an OVERT ACT in furtherance of the crime
- Specifically intend to accomplish the conspiracy's objective

Front 36

Inchoate Offenses: Conspiracy
1) What's an "overt act"?
2) What happens if crime is not completed?
3) Can you have a one person conspiracy?

Back 36

1) ANY act of PREPARATION - does not have to be illegal
2) Completion unnecessary - crime is in the AGREEMENT (plus the overt act)
3)

Front 37

Inchoate Offenses: Conspiracy

Back 37

4th Degree: conduct urged is a felony or D is over 18, other person is under 16 and conduct is a felony

3rd Degree: D is over 18, other party under 16 and conduct is felony

2nd Degree: same as solicitation

1st Degree: same as solicitation

Front 38

Inchoate Offenses: Attempt: Impossibility
1) What is factual impossibility? Legal impossibility?
2) Is factual impossibility a defense to attempt? Legal?

Back 38

1) Factual - claim that it was impossible to complete the crime bc of some circumstance beyond D's control
Legal - claim that it was impossible to complete the crime bc what D was trying to do was not illegal
2) Factual impossibility is NOT a defense to attempt, but Legal imp. IS a defense to attempt

Front 39

Inchoate Offenses: Merger
What is the definition for lesser included offenses? What happens when D is prosecuted for the lesser included offense and the greater offense?
2)

Back 39

An offense that is NECESSARILY part of the greater offense. Thus, EVERY ELEMENT of the lesser offense is also an element of the greater offense. A lesser included offense will merge with the greater offense.

Front 40

Defenses: Insanity
What is the first requirement for the insanity defense, regardless of the test?

Back 40

D must have a mental disease or defect

Front 41

Defenses, Insanity
Distinguish Insanity and Incompetency

Back 41

Insanity - the issue is whether D was insane at the time of the CRIME. If so, D is NOT GUILTY
Incompetency - the issue is whether D is insane at the time of TRIAL. If so, the trial is ADJOURNED till D is competent

Front 42

Defenses, Intoxication
1) What crimes can involuntary intoxication be a defense to?
2) What test do you apply?
3) Must the intoxication be completely involuntary?

Back 42

1) Can be a defense to ANY crime
2) Treated like a mental illness, so apply insanity tests
3) yes, for it to be involuntary intoxication

Front 43

Defenses: Infancy
At what age is prosecution not allowed under the CL? At what age is it allowed?

Back 43

- if age is under 7: no prosecution
- if age is under 14: rebuttable presumption against prosecution
- if age is over 14: prosecution allowed

Front 44

Defenses: Self-Defense
When may a D use NONDEADLY force in self-defense?

Back 44

- reasonably necessary
- to protect against an imminent use
- of unlawful force against himself or another

Front 45

Defenses: Self-Defense
What if D makes a reasonable mistake about the need to use SD? An unreasonable mistake?

Back 45

reasonable mistake: still claim SD
unreasonable:
-CL/NY - no self defense
- Minority/MPC - imperfect self defense (partial defense) (will be voluntary manslaughter, not murder)

Front 46

Self-Defense
1) When can D use force to resist the arrest of a police officer? In NY?

Back 46

1)if D knows or reas should know that the person performing arrest is an officer, may use NONDEADLY force to resist an UNLAWFUL arrest.
In NY, force may NOT be used to resist an arrest, even an unlawful one, unless the arresting officer uses EXCESSIVE FORCE