Crim Law Elements

Front 1

Larceny

Back 1

Tresspassory
taking & carrying away
personal property of another
with the intent to permanently deprive

Front 2

Ommission

Back 2

1. Statute
2. Status Relationship
3. Contractual Agreement
4. Voluntary assuming care of another

Front 3

Embezzlement

Back 3

Perp came into possession
of personal property of another lawfully and
thereafter fraudulently converted for own use

Front 4

Theft by False Pretenses

Back 4

Taking title and possession
to the property of another
by false statement of past or prestent fact
upon which owner relies
with intent to defraud

Front 5

Recieveing Stolen Property

Back 5

Receiving stolen property
Knowing that it was stolen at the time it was received
(can't be guilty of theft and receiving stolen prop for same prop)

Front 6

Burglary

Back 6

Breaking and
Entering the
Dwelling house of another
at night
with intent to commit a felony therein

Front 7

Trespass

Back 7

Entering
Real property or real structures of any kind
without the consent of the owner, owner's agent or person in lawful possession

Front 8

Robbery

Back 8

taking & carrying away
personal property of another
from immediate presense
with the intent to permanently deprive
by means of force or threat of force
Likely to produce fear in the victim.

Front 9

Assault

Back 9

1. Attempted battery
2. attempt to place victim in apprehension that they will be harmed. Any action that threatens to injure victim (words not enough)

Front 10

Battery

Back 10

Unlawful application of force. (even slight touching) on another person
resulting in bodily injury or
an offensive touching
with intent (gen) to apply the physical force

Front 11

Attempt

Back 11

(Actus Reus) Commision of an act
That goes beyond mere preparation of a crime.
and initiates commission of the crime
with the specific intent to commit the target crime, even if the crime does not require specific intent.

Front 12

Defense to Attempt

Back 12

Abandonment/Renunciation
D's actions have gone beyond mere preparation
D (before target crime is completed) voluntarily and completely stops the criminal efforts and renounces his intent to commit the crime.
Abandonment is not caused by difficulties in completion or timing of crime.

Front 13

Extortion

Back 13

Obtaining or taking property
by means of threat or
1. Future violence
2. Exposure of Embarrasing Info OR
3. Filing a criminal action or reporting a victims wrongful action to govt. authorities.
With specific intent to extort

Front 14

Solicitation

Back 14

D requests another person to commit a crime or join in the commission of a crime.
With specific intent that the crime be committed.
THe other person received the communicatino containing the request. (attempted conspiracy)

Front 15

Conspiracy

Back 15

An agreement between 2 or more persons to commit one or more criminal acts.
(double mens rea) with specific intent to commit the crime AND
the specific intent to agree to commit the crimes

Front 16

Pinkerton Rule

Back 16

(Co-conspirator Liability)
Conspirator is guilty of every forseeable offense committed by every other conspirator in furtherance of the conspiracy.
(knowledge and assistance not required)

Front 17

Wharton's Rule

Back 17

Cannot charge conspiracy for a crime that requires two individuals

Front 18

Chain conspiracy

Back 18

Multiple people perform different jobs in order to obtain the group interest. (Sale of narcotics chain)

Front 19

Wheel Conspiracy

Back 19

1. Separate spokes have a vested interest in the success of one another illegal conduct (same criminal enterprise)
2. Only connection is that they all know the middle man (hub). multiple small conspiracies. Spokes not liable for one anothers actions.

Front 20

Defense: Abandonment/Renunciation

Back 20

1. Tell members he is withdrawing.
2. (some juris)take steps to report to law enforcement, to prevent commission of crime.
3. Ends liability for crimes after abandonment, but not before.

Front 21

Rape

Back 21

Unlawful
Sexual intercouse
with a woman
not the perps wife
without her consent
by means of force, threat of force, fear or fraud.
overcoming her resistance (not modern law)

Front 22

Kidnapping

Back 22

Unlawful confinement
Movement of a person a substantial distance
By force, threat of force, or deception.
Against the person's will
*General Intent

Front 23

False Imprisonment

Back 23

Unlawful restraining
Confining or detaining another person
by force or threat of force
compelling the other person to remain or go somewhere
agains the person's will

Front 24

Arson

Back 24

The burning
of a dwelling house (mod: any struct/prop)
of another (mod: can be your own)
with malice (general int.)(mod: reckless burning is also arson)

Front 25

Homicide

Back 25

Killing of a human being by a human being

Front 26

Transferred Intent

Back 26

"bad shot"
If you are acting with malice, the intent can be transfered from the intended victim to the actual victim

Front 27

Causation
Actual Cause

Back 27

"but for" test

Front 28

Causation
Proximate Cause

Back 28

Substantial factor in death. Can be multiple proximate causes.

Front 29

Causation
Intervening/Superseding

Back 29

Intervening cause occurs between the actual causation and the death of the victim.
Superseding = unforeseeable - will detach liability from the D

Front 30

Murder

Back 30

Unlawful killing
Of a human being
By another human being
With malice aforethought

Front 31

Malice

Back 31

Intent to kill
Intent to cause GBI
Extreme recklessness
Felony Murder (Implied malice)

Front 32

Intent to Kill Factors

Back 32

deadly weapon

Front 33

intent to cause GBI Factors

Back 33

Violent, hostile, aggressive means

Front 34

Extreme Recklessness Factors

Back 34

Wanton and willful disreguard for value of human life
Consciously, substantial & unjustifiable risk to human life
Knowledge act is dangerous, but does it anyway

Front 35

Felony Murder

Back 35

Malice implied if murder is committed during the commission of one of the following crimes:

Front 36

FMR time period - Res Gesae

Back 36

From the time they could be charged with attempt to the time they reach a place of safety

Front 37

FMR - abstract theory

Back 37

Whether the felony in inherently dangerous.

BARKRM Rule

Front 38

FMR - Concrete Theory

Back 38

Case by case - TOC - was "this" felony committed in a dangerous way.

Front 39

Murder 1st Degree

Back 39

Premeditation (thought about and planned in advance/ doesn't need to be far in advance)
Deliberation (cool consious thought/consideration)
Violent Felonies (FMR)
Special victims/means

Front 40

Murder 2nd Degree

Back 40

Intent to kill w/o premed/deliberation
Intent to cause GBI
Extreme recklessness

Front 41

Manslaughter

Back 41

Unlawful killing
of a human being
by another human being
without malice

Front 42

Involuntary Manslaughter

Back 42

Criminally negligent mans.
Gross negligence that occurs during a lawful act that results in the death of another
Misdemeanor mans.
Occurs during an unlawful act not amounting to a felony

Front 43

Involuntary Manslaughter

Back 43

Criminally negligent mans.
Gross negligence that occurs during a lawful act that results in the death of another
Misdemeanor mans.
Occurs during an unlawful act not amounting to a felony

Front 44

Voluntary Manslaughter

No Malice

Back 44

Malice in negated by a defense from a charge of murder 1 or 2

Front 45

Heat of Passion

Back 45

1. Under influence of strong passion which overcame his reason
2. Insufficient time to cool off.
3. Individual did not actually cool off.
4. Passion is a result of legally adequate provocation.

Front 46

Legally adequate provocation (common law)

Back 46

Observation of adultry of spouse
Mutual combat
Assault of wife or child
Illegal arrest
Aggravated assault

Front 47

Legally adequate provocation
(modern law)

Back 47

Would a reasonable person be so provoked (words never enough)

Front 48

Extreme emotional disturbance as a negator (MPC)

Back 48

1. Under influence of strong passion which overcame his reason.
2. No specific act required (words are enough)
3. insufficient cooling off period
4. Ind. did no actually cool off.

Front 49

Justification Defenses

Back 49

Act is normally criminal, but under the circumstances is legally and/or morally acceptable, and does not deserve criminal liability

Front 50

Perfect Self Defense

Back 50

A complete defense that results in aquital.

Front 51

Perfect Self Defense Elements

Back 51

1. Honest & reasonable belief
2. Imminent and unlawful threat
3. Proportional response to that threat.
4. D is not the aggressor
5. No duty to retreat (majority)

Front 52

Duty to retreat

Back 52

Majority - no duty even if safe place to retreat
Minority - must retreat rather than use deadly force if he can do so in complete safety

Front 53

Battered Woman Syndrome

Back 53

Self Defense

Front 54

Initial Aggressor can use self defense if:

Back 54

Communicates to adversary intent to withdraw.
Attempts to do so in good faith.

Front 55

Defense of others

Back 55

A person can use the same force (but not more) to defend another, in same circumstances that they would defend themselves.

Front 56

Defense of Others
Alter Ego Rule

Back 56

A person who intervenes under "reasonable but mistaken" belief that he is protecting a person is NOT free from criminal liability - Interfere at own ristk.

Front 57

Defense of Others
Objective Test Theory

Back 57

A person who intervenes under "reasonable but mistaken" belief is free from criminal liability

Front 58

Defense of Property
(Common Law)

Back 58

deadly force may be used to prevent any felony

Front 59

Defense of Property
Modern Law

Back 59

Deadly force is never permitted to protect property only.
Non-deadly force O.K. (reasonable)
May use limited force to prevent unlawful entry

Front 60

Defense of Habitation

Back 60

General can't use deadly force
Can use deadly force to prevent imminent, unlawful entry if deadly force in neccessary to prevent entry and intruder intends atrocious felony (BARKRM)

Front 61

Necessity

Back 61

Compeled to commit a criminal act, by non-human events.
"lesser of two evils"
Harm sought to be avoided is greater than harm committed.
No third alternative (non-criminal or lesser crime)
Harm is imminent (not future)
Clean hands ( no substantial contribution)

Front 62

Public Duty/Crime Prevention

Back 62

A cit. may use force if reasonably necc. to prevent crime (most states serious crime/CA any crime)
A Cit can use non-deadly force to arrest a person who has committed a crime.

Front 63

Law Enforcement

Back 63

Must use reasonable force to arrest based on PC
Deadly force allowed to prevent fleeing felon if that person poses a threat of death or GBI to 3rd party.
PO cannot shoot unarmed non-dangerous fleeing felon

Front 64

Excuse Defenses

Back 64

excuses conduct that is socially undesirable and renders D free from blame. (focus on actor's disability, not the act)(non-transferable)

Front 65

Insanity

Back 65

defendant must show that he was insane at the time the crime was committed. Can be entitled to a verdict of not-guilty by reason of insanity

Front 66

Insanity
M'Naghten Rule

Back 66

Suffering from a mental defect in thier reasoning powers.
1. Did not know the nature and quality of the act committed.
2. Knew the nature of the act but did not comprehend the act was morally wrong.

Front 67

Insanity
Irresistible Impulse Test

Back 67

At the time of offense, D was unable to control their conduct.
MPC: extreme mental & emotional disturbance
1. Bipolarr
2. Clyptomaniac
3. Explosive disorder

Front 68

Insanity Sentencing

Back 68

D is not release until they are no longer insane or dangerous (can be longer than the maximum sentence for the crime)

Front 69

Voluntary Intoxication

Back 69

Generally not a defense. Can be used to negate the required Mens Rea of a crime

Front 70

Involuntary Intoxication

Back 70

Complete defense if it causes the D to commit a crime that they otherwise wouldn't

Front 71

Involuntary Intoxication Elements

Back 71

1. Unwitting Intoxication (spiked drink)
2. Coerced Intoxication (at gunpoint)
3. Pathological Effects Intox. (unexpected abnormal reaction to legal medications)

Front 72

Infancy (Common Law)

Back 72

No child under 7 is prosecuted
7-14 presumed incapable. Pros must demonstrate they knew right from wrong and nature/conseq. of acts
14 - No infancy defense

Front 73

Infancy (Modern)

Back 73

You can prosecute younger if you can demostrate the mens rea.

Front 74

Duress

Back 74

Coerced to commit crime:
1. Threat of death or GBI
2. Imminent
3 Threat against D or close friend or family (MPC anyone)
4. Fear would cause ordinary person to yield
5. No reasonable chance to escape.
6. Clean hands.

Front 75

Entrapment

Back 75

Excuses conduct of D if criminal activity was unfairly induced by the govt.
1. Subjective test: Was D predisposed to commit crime and PO gave him the opportunity.
2. Objective test: Was the govt conduct likely to induce a normally law abiding person to commit crime.

Front 76

Diminished Mental Capacity

Back 76

mental defect short of mental illness.
1. Negates specific intent
2. your capacity is diminished to a point where you cannot form a mens rea
3. Abolished in CA

Front 77

Imperfect Self Defense

Back 77

belief was honest but unreasonable