Crim Law Bar Bri 2013

Front 1

When can a D be prosecuted for a crime in State A?

Back 1

When the CONDUCT or the RESULT occurred in State A.

Front 2

What are the three inchoate offenses?

Which one(s) merge into the completed offense?

Back 2

Conspiracy, solicitation, and attempt.

Conspiracy does not merge; solicitation and attempt merge into the completed offense.

Front 3

What kinds of acts cannot give rise to criminal liability, even for strict liability crimes?

***

Back 3

Involuntary acts, such as reflexive or convulsive acts, or acts performed while asleep or unconscious.

Front 4

What are the five situations that give rise to a duty to act?

Back 4

1. Statute (tax returns)
2. Contract (nurse or lifeguard on duty)
3. Special relationship (parent/child)
4. Voluntarily assuming the duty, and then failure to perform it adequately.
5. Where your conduct creates the peril in the first place.

Front 5

What are the four COMMON LAW mental states?

Back 5

1. Specific intent crimes
2. Malice crimes
3. General intent crimes (most crimes)
4. Strict liability

Front 6

What are the Specific Intent crimes?

Back 6

Students Can Always Fake A Laugh Even For Ridiculous Bar Facts
S-solicitation
C-conspiracy
A-attempt
F-first degree murder (NOT common law murder)
A-assault
L-larceny
E-embezzlement
F-false pretenses
R-robbery
B-burglary
F-forgery

Front 7

What are the malice crimes?

Back 7

Only two: common law murder and arson.

Front 8

What are the general intent crimes?

Back 8

Everything else. Most commonly tested are rape and battery.

Front 9

What's the deal with transferred intent?

***

Back 9

TWO CRIMES: D attempts to kill A, but kills B. D can be charged with murder of B and attempted murder of A. No merger with transferred intent.

Front 10

What are the strict liability crimes?

Back 10

No intent is required. (But still must be a VOLUNTARY act.)
Consent is not a defense. Any defense that negates intent cannot be a defense to strict liability crimes.

Most common: trespassing, statutory rape.

Front 11

What are the four Model Penal Code mental states?

Back 11

1. Purposely (when it is D's conscious objective)
2. Knowingly (when D knows that his act will very likely cause the result)
3. Recklessly (conscious disregard of a substantial and unjustifiable risk)
4. Negligently (fails to be aware of a substantial and unjustifiable risk)

Front 12

What's an accomplice?

Back 12

An accomplice is one who AIDS, ADVISES, OR ENCOURAGES the principal in the commission of the crime. Accomplice must have the level of intent required by the crime.

Front 13

For what is an accomplice liable?

Back 13

An accomplice is liable for the primary offense, just as a principal. Accomplice is also liable for all other foreseeable crimes.

Front 14

How can an accomplice effectively withdraw and avoid criminal liability?

Back 14

If D encouraged the crime, he must repudiate it.
If D provided assistance, he must do everything possible to neutralize the assistance.
Alternatively, D can contact police.

Front 15

Elements of solicitation:

Back 15

Asking someone to commit a crime.
Crime of solicitation ends when D asks. If the other party doesn't agree, it's still solicitation. If the other party agrees, it becomes conspiracy.

Factual impossibility is not a defense.

Front 16

Elements of conspiracy:

***

Back 16

1. Agreement (need not be express, may be implied from conduct), and
2. Intent to agree, to pursue
3. Unlawful objective

BOLO: "conspiracy" to do something lawful
Remember: Conspiracy does not merge with substantive offense.

Front 17

Does common law conspiracy require an overt act?

Back 17

No. Most states require an overt act by statute, but common law conspiracy was complete when the agreement was made. On the bar exam, unless directed otherwise, use majority rule and require an overt act.

Front 18

What constitutes an overt act, for purposes of conspiracy, under the majority rule requiring an overt act?

***

Back 18

Any little act, even mere preparation.

Front 19

For what crimes is a conspirator liable?

Back 19

ALL crimes of co-conspirators, IF they were FORESEEABLE and were committed IN FURTHERANCE OF THE CONSPIRACY.

Front 20

What about the faking or acquitted conspirator?

Back 20

If one party to a two-person conspiracy is only feigning agreement, the other party is not guilty. So if all co-conspirators are acquitted, remaining D cannot be convicted of conspiracy.

Front 21

Is factual impossibility a defense to conspiracy?

Back 21

No.

Front 22

Can a conspirator withdraw and avoid liability?

Back 22

Withdrawal CANNOT relieve D from liability for conspiracy, only for the subsequent crimes.

Front 23

Elements of attempt:

Back 23

1. Specific intent to commit the crime, plus
2. Overt act

Front 24

What constitutes an overt act for purposes of attempt?

Back 24

Must be a substantial step in furtherance of the commission of the crime. Mere preparation is NOT enough.

Front 25

Is factual impossibility a defense to an attempt?

Back 25

No, but LEGAL impossibility is.

Front 26

CAPACITY DEFENSES
What are the four insanity test?

Back 26

1. M'Naghten Rule: D lacked the ability to know the wrongfulness of his conduct or to understand the nature and quality of his actions
2. Irresistable Impulse: D lacked capacity for self-control
3. Durham Rule: D's conduct was the product of a mental illness.
4. MPC: D lacked the ability to conform his conduct to the requirements of the law.

Front 27

CAPACITY DEFENSES
To which crimes is voluntary intoxication a defense?

Back 27

ONLY to specific intent crime, NEVER anything else.

Note that even if a D is an addict, his intoxication is voluntary for bar exam purposes.

Front 28

CAPACITY DEFENSES
To which crimes is involuntary intoxication a defense?

Back 28

ALL CRIMES. It is a form of insanity.

Front 29

CAPACITY DEFENSES
What are the presumptions regarding infancy?

Back 29

1. Under 7, irrebuttable presumption of no criminal liability.
2. Seven to 14: rebuttable presumption of no criminal liability.

Front 30

EXCULPATION DEFENSES
When can a victim use non-deadly force in self-defense?

Back 30

Whenever she REASONABLY BELIEVES that force is about to be used on her.

Front 31

EXCULPATION DEFENSES
When can a victim use deadly force in self-defense?

Back 31

Whenever she REASONABLY BELIEVES that DEADLY force is about to be used on her.

Minority rule requires victim to retreat, but 3 exceptions:
1. One's home
2. Rape or robbery victim
3. Police officer

Front 32

EXCULPATION DEFENSES
Whern can the original aggressor assert self-defense?

Back 32

2 situations:
1. Original aggressor withdraws and communicates that withdrawal to victim, or
2. Original victim suddenly escalates minor fight without giving original aggressor an opportunity to withdraw.

Front 33

EXCULPATION DEFENSES
When is defense of others a defense?

Back 33

Whenever D REASONABLY believes that the other would have had the right to use force in self-defense.

Front 34

EXCULPATION DEFENSES
When is duress a defense?

Back 34

1. D acted under threat of imminent death or great bodily harm to self or third person, and
2. That belief was reasonable.

Duress is never a defense to homicide.

Front 35

EXCULPATION DEFENSES
When is necessity a defense?

Back 35

Same as duress, but when the threat is caused by natural forces instead of a person.

Front 36

EXCULPATION DEFENSES
When is mistake of fact a defense?

Back 36

Only when the mistake negates the intention required.

Mistake must be reasonable for malice or general intent crimes, but CAN BE UNREASONABLE for specific intent crimes.

Front 37

EXCULPATION DEFENSES
When is consent a defense?

Back 37

ONLY to FALSE IMPRISONMENT.

Front 38

EXCULPATION DEFENSES
When is entrapment a defense?

Back 38

Only when criminal design originated with law enforcement, and D was not predisposed to commit the crime.

***Always discuss entrapment in UC cases.

Front 39

What is battery?

Back 39

Unlawful application of force to the person resulting in bodily injury or offensive touching. Force need not be applied directly (poisoning, stick).

Front 40

What is assault?

Back 40

An attempt to commit a battery, OR
Intentional creation of a reasonable apprehension of imminent bodily harm. Mere words are not enough.

Front 41

What is aggravated assault?

Back 41

Assault plus
1. Use of a dangerous weapon, OR
2. With intent to rape, maim, or murder.

Front 42

What is murder?

Back 42

The killing of another human being with malice aforethought.
Must be both the cause-in-fact and the proximate cause of the death.

Front 43

What is first-degree murder?

Back 43

Three kinds:
1. Premeditated: D acted with the intent to cause death or knowledge that his conduct would cause death.
2. Felony murder: Any killing, even accidental, committed during the course of a felony.
3. Homicide of a police officer, acting in line of duty, known to D.

Front 44

What are defenses to felony murder?

Back 44

1. Any defense to underlying felony (esp. intox. if specific intent).
2. Death was not foreseeable
Gun=foreseeable
Death caused while fleeing=foreseeable
Death caused AFTER reaching temporary point of safety= not foreseeable
Bystander heart attack=not foreseeable

Front 45

Is D liable for felony murder for death caused by resistance from victim or police?

Back 45

YES, except for death of co-felon.

Front 46

What is second-degree murder?

Back 46

All murders not classified as first-degree murders.

Front 47

What is voluntary manslaughter?

Back 47

Killing in the heat of passion, in response to adequate provocation from the victim.

Adequate provocation means something that would arouse sudden and intense passion in the mind of an ordinary person causing him to lose self-control. There must not have been time to cool off.

Front 48

What is involuntary manslaughter?

Back 48

Two kinds:
1. Killing of criminal negligence, or
2. Misdemeanor manslaughter: killing someone while committing a misdemeanor, or an unenumerated felony.

Front 49

What is false imprisonment?

Back 49

Unlawful confinement of a person without her valid consent. If an alternate route is reasonably available to the victim, no false imprisonment.

Front 50

What is kidnapping?

Back 50

Confinement of a person with either:
1. Some movement, or
2. Concealment in a secret place.

Front 51

What is larceny?

Back 51

Common law larceny requires:
1. A wrongful taking, and
2. Carrying away (asportation) (slightest movement will suffice)
3. Of property of another
4. By trespass (without permission)
5. With intent to permanently deprive (continuing trespass theory)

Front 52

What if you commit larceny in the belief that you have some claim to the property?

***

Back 52

Not larceny. Does not have to be a reasonable belief, either.

Front 53

What is embezzlement?

Back 53

Fraudulent conversion of property of another. Embezzler always has lawful possession, followed by an illegal conversion.
* No carrying away requirement
* Embezzler doesn't have to get the benefit

Front 54

What is false pretenses?

Back 54

D persuades the owner to convey title by a false representation.
* Conveyance of title is the central fact
* Must be a false representation as to a past or present fact, NOT a false promise to do something in the future.

Front 55

What's the diff between false pretenses and larceny by trick?

Back 55

Both are caused by misrepresentation, but in false pretenses, D takes title, whereas in larceny by trick, she only takes possession.

Front 56

What is robbery?

Back 56

1. Taking of personal property
2. from another or in another's presence (broadly construed, tied up in barn)
3. by force or threat of imminent harm (simulated weapon is enough),
4. with intent to permanently deprive.

Front 57

Is a pickpocket a robber?

Back 57

No. No force or threat of force.

Front 58

What is extortion?

Back 58

Knowingly seeking to obtain another's property or services my means of a FUTURE THREAT (not imminent harm). Doesn't have to be taking form the person.

Front 59

What is forgery?

Back 59

Making a false writing (or altering a writing to make it false) with the intent to defraud.

Any writing with apparent legal significance is subject to forgery (deed, note, check, contract).

Front 60

What is common law burglary?

Back 60

1. Breaking (can be constructive, by fraud, threat, lack of misuse of permission) and
2. Entering
3. The dwelling of another (not a barn or commercial structure)
4. At night
5. With the intent to commit a felony therein. (Must intend the felony at the time of break-in. No continuing trespass theory)

Front 61

What is arson?

Back 61

1. The malicious (no specific intent, reckless disregard enough)
2. Burning (NOT smoke damage. Charring yes, scorching no)
3. Of the dwelling (but sometimes Qs will assume it applies to other structures)
4. Of another.