Crim Law Primer

Front 1

Sources of Criminal Law

Back 1

Common Law
MPC
Statutes

Front 2

4 essential elements of a crime

Back 2

1. physical act
2. mental state
3. causation
4. concurrence

Front 3

3 Inchoate Offenses

Back 3

1. Solicitation
2. Conspiracy
3. Attempt

Front 4

Competency defenses to a crime

Back 4

insanity
infancy
intoxication

Front 5

3 Defenses to a crime (not competency)

Back 5

Self Defense
Entrapment
Duress

Front 6

Common Law
Specific Intent Crimes - Against the Person (2)

Back 6

Assault
1st Degree Murder

Front 7

Common Law
Specific Intent Crimes -
Against Property (6)

Back 7

Larceny
Burglary
Robbery
Embezzlement
False Pretenses
Forgery

Front 8

Common Law
Specific Intent Crimes -
Inchoate

Back 8

Solicitation
Attempt
Conspiracy

Front 9

Specific Intent

Back 9

When the crime requires not just the desire to do the act, but the desire to achieve a specific result

Front 10

General Intent

Back 10

Defendant need only be generally aware of factors constituting the crime.

Front 11

Malice

Back 11

When a defendant acts intentionally or with reckless disregard of an obvious or known risk.

Front 12

Example of common law malice crimes

Back 12

murder
arson

Front 13

Example of general intent crimes

Back 13

battery
rape
kidnapping
false imprisonment

Front 14

Mistake of Fact - Common Law Defense

Back 14

Whether def's mistake of fact will be a defense depends on mental state and whether mistake is reasonable or unreasonable.

Front 15

Mistake of Law - Common Law Defense

Back 15

Is not a defense - EXCEPT
where knowledge of the law is an element of the crime

Front 16

MPC Mental States (5)

Back 16

a) Purposely
b) Knowingly
c) Recklessly
d) Negligently
e) Strict Liability

Front 17

MPC - Mistake of Law

Back 17

Not a defense

Front 18

MPC - Mistake of Fact

Back 18

Knowingly, recklessly, and purposely - reasonable mistake

Negligently - unreasonable

Front 19

Is Mistake of Law a Defense under MPC?

Back 19

No!

Front 20

Concurrence (definition)

Back 20

Defendant must have mental state at the same time as he engages in the act.

Front 21

Larceny - Elements

Back 21

Trespassory
Taking Away
Property of Another
With intent to Steal

Front 22

Erroneous Takings Rule

Back 22

Taking under a claim of right is never a larceny.

Front 23

Continuing Trespass

Back 23

Where def wrongfully takes property without intent to steal, but later forms the intent to steal

Front 24

Embezzlement

Back 24

Conversion of the personal property of another
by a person
in lawful possession
with intent to defraud.

Front 25

False Pretenses

Back 25

Obtaining title
to the personal property
of another
by an intentional false statement
with intent to defraud

Front 26

Larceny by Trick

Back 26

If Defendant only obtains the possession, not title, of the property as result of fraudulent statement.

Front 27

Robbery - Elements

Back 27

A Larceny
from another's person or presence
by force or threat of immediate harm

Front 28

Receipt/Possession of Stolen Property

Back 28

Receiving Possession
of Stolen property
with Knowledge that it was stolen

Front 29

Forgery - Elements

Back 29

Making or Altering
a Writing so that it is
False with Intent to Defraud.

Front 30

Uttering

Back 30

Offering as genuine
a Forged instrument
with intent to defraud

Front 31

Malicious Mischief

Back 31

Destroying or damaging property of another with malice.

Front 32

Common Law Burglary

Back 32

Breaking and
Entering
Dwelling of Another
at Night
with Intent to commit a Felony inside.

Front 33

Common Law Arson

Back 33

Malicious
Burning
Of a Building

Front 34

Accomplice

Back 34

One who aids or encourages the principal with the intent that the crime be committed.

Front 35

Accomplice withdrawal - 2 levels

Back 35

Encourager - must discourage
Aider - must either neutralize the assistance or prevent the crime

Front 36

Persons who cannot be accomlices

Back 36

Members of a protected class
One who only has knowledge
One is merely present

Front 37

Common Law - Accessory after the fact

Back 37

Must:
1) assist a principal
2) with knowledge that crime has been committed
3) with intent to help principal avoid arrest

Front 38

Solicitation

Back 38

Asking someone to commit a crime, with the specific intent that the crime be committed.

Front 39

Conspiracy

Back 39

An agreement
between 2 or more people to commit a crime, plus an overt act in furtherance of the crime.

Front 40

Common Law - Requirement for Conspiracy

Back 40

2 or more guilty minds

Front 41

MPC - Unilateral approach

Back 41

Defendant may be guilty of conspiracy even if other parties are acquitted or pretending to agree

Front 42

Vicarious Liability

Back 42

In addition to conspiracy, a defendant will be liable for other crimes committed by co-conspirators - that were in
1) furtherance
2) foreseeable

Front 43

Hypo - for Conspiracy:
D and A agree to rob a bank. A tells D he will steal a gun to use in the robbery. A breaks into V's house and steals his gun. D and A use the gun to rob the bank. What crimes may D be convicted of?

Back 43

1) Conspiracy
2) Burglary
3) Larceny
4) Robbery

Front 44

Attempt - Common Law
Specific or General Intent?

Back 44

Conduct that is "dangerously close" to commission of the crime.
Specific Intent

Front 45

Attempt - MPC
Specific or General Intent?

Back 45

Conduct that is a substantial step toward the crime and strongly corroborative of a criminal purpose.
Specific Intent

Front 46

Crimes that cannot be "attempts"

Back 46

Accidental Crimes including:
Reckless
Negligence
Felony Murder

Front 47

Defenses to Attempt?

Back 47

Factual Impossibility - No
Legal Impossibility - Yes

Front 48

Factual Impossibility (Attempt)

Back 48

Claim that the crime is impossible to complete because of circumstance beyond D's control - not a defense - still attempt

Front 49

Legal Impossibility

Back 49

Claim that it was impossible to complete the crime b/c what D was trying to do was not illegal

Front 50

Common Law Withdrawal from Solicitation, Conspiracy, Attempt

Back 50

Not a defense except the D is not vicariously liable

Front 51

MPC Withdrawal from Solicitation, Conspiracy, Attempt

Back 51

Withdrawal must be
Voluntary and
Complete and
based on Change of Heart

Front 52

When can a defendant be convicted of multiple inchoate offenses for same conduct?

Back 52

Conspiracy Only
Solicitation and Attempt Merge

Front 53

Rule for Lesser Included Offenses

Back 53

A "lesser included offense" is an offense that is necessarily part of the greater offense.
Ex: larceny included in robbery
Larceny NOT included in burglary

Front 54

When can a defendant be convicted of multiple inchoate offenses for same conduct?

Back 54

Conspiracy Only
Solicitation and Attempt Merge

Front 55

Rule for Lesser Included Offenses

Back 55

A "lesser included offense" is an offense that is necessarily part of the greater offense.
Ex: larceny included in robbery
Larceny NOT included in burglary