Crim Law - Term 1

Front 1

Assault

Back 1

attempted battery
or
intentional creation of a reasonable apprehension of imminent bodily harm

Front 2

Battery

Back 2

(general intent crime, never strict liability)
IHOCUD
Intentional
Harmful or
Offensive
Contact
that is Unlawful
and caused by Defendant

Front 3

Homicide

Back 3

Murder (today's second degree murder)
Manslaughter (voluntary and involuntary

Front 4

First Degree Murder

Back 4

All homicide with malice aforethought: (i) felony-murder (usually heinous felonies), or (ii) willful, deliberate, and premeditated.

Front 5

Murder

Back 5

Murder is the unlawful killing of a human being with malice aforethought.
1) intent to kill
2) intent to do great bodily harm
3) intentionally creating situation where great bodily harm will occur
4) felony murder

Front 6

What is “willful, deliberate, and premeditated” in the context of murder in the first degree?

Back 6

(a) “Willful”: defendant must actually intend to kill. (b) “Deliberate”: defendant must be possessed of a cool mind that is capable of reflection. (c) “Premeditated”: must in fact reflect before his act of killing. D’s state of mind is decisive during the length of time between the formation of the idea to kill and the actual killing

Front 7

Manslaughter

Back 7

The unlawful killing of a human being without malice aforethought

Voluntary Manslaughter
Involuntary Manslaughter

Front 8

Voluntary Manslaughter

Back 8

Heat of passion:
a. Adequate Provocation
b. No reasonable time to cool off
or c. Imperfect Privilege (self-defense carried too far)

Causal connection between the provocation, the passion, and the fatal act.

Front 9

Involuntary Manslaughter

Back 9

Gross Criminal Negligence or
Misdemeanor Manslaughter: causing the death of another in the commission of a misdemeanor

Front 10

Felony Murder

Back 10

A defendant commits felony murder when he or an accomplice causes death , even accidentally, during the commission, attempt, or immediate flight from certain felonies, including armed robbery.

Front 11

2nd Degree Murder

Back 11

Requires that a person, act without premeditation, cause the death of another with: i) intent to cause the death of another, ii) knowledge that death or serious bodily injury would result, or iii) under circumstances manifesting extreme indifference to human life, recklessly engages in conduct that creates a grave risk of death.

Wanton disregard for life – differs from gross negligence because YOU KNOW THE RISK; DEPRAVED HEART

Front 12

Merger Rule

Back 12

the merger doctrine says if you intend to commit some harm and you cause that harm but it results in death – can’t use that crime to elevate it to felony murder. Intend assault with a deadly weapon and result is death = felony murder merger limitation

Front 13

CL Rape

Back 13

Forced sexual intercourse by a man on a woman not his spouse without consent.

Front 14

Statutory Rape

Back 14

The situation in which the victim participates willingly, but s/he is under the age of consent, which varies but is usually 16.

Front 15

Burglary

Back 15

The breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony inside.

Front 16

Arson

Back 16

The malicious burning of the dwelling house of another.
Arson is a malice crime, not a specific intent crime. Therefore, either intention or extreme recklessness will suffice.
Intoxication is not valid defense.

Front 17

D stabbed P, who was 8 months pregnant, in the chest and abdomen. P dies immediately. Her unborn child was dead upon arrival at the hospital. Is D likely to be found criminally liable for the death of the child?

Back 17

No, because the child did not live on its own prior to its death.

Front 18

Hypo: A person goes hunting with a shotgun, sees what he thinks is an abandoned cabin, tries to shoot out the window of the cabin... kills X. What should he be charged with?

Back 18

He would most likely be charged in the alternative with both Murder (based on proving implied malice through an extremely high degree of risk) and involuntary manslaughter (if intent cannot be proven)

Front 19

What is required for a homicide to be first degree murder?

Back 19

intentional killing with malice aforethought.

Front 20

What is required for a homicide to be second degree murder?

Back 20

intentional killing with malice, no premeditation.

Front 21

What is required for a homicide to be voluntary manslaughter?

Back 21

intentional killing mitigated by sudden passion as a result of adequate provocation.

Front 22

What is required for a homicide to be involuntary manslaughter?

Back 22

a killing committed through criminal negligence

Front 23

When does criminal negligence occur?

Back 23

when there is a gross departure from the standard or ordinary care.

Front 24

Define Retributivism as it relates to punishment theory

Back 24

Backward looking punishment philosophy. Developed by Kant. Focuses on free will of actors. Requires atonement for crime, and proportionality of punishment to the offense

Front 25

Define Utilitarianism as it relates to punishment theory

Back 25

Forward looking punishment scheme, developed by Bentham. Focuses on maximizing net happiness of society by avoiding punishments that do not serve to maximize utility.

Front 26

What are the goals of utilitarian punishment?

Back 26

Maximize society's well being through:
1. Deterrance- General to society and specific to the offender, and
2. Rehabilitation-Reform the criminal's behavior

Front 27

What are the two defenses for specific intent crimes?

Back 27

1) voluntary intoxication
2) any mistake of fact even if unreasonable

Front 28

What are the general intent crimes?

Back 28

Battery is never strict liability
Assault as a threat (e.g. I threaten you w/ bodily injury)
All crimes not specific intent or malice

Front 29

Name some specific intent crimes.

Back 29

First degree murder
Assault as an attempted battery (e.g. attempt to hit, duck and miss)
Burglary

Front 30

Statutory Rape, strict liability?

Back 30

Yes
Remember, consent and mistake of fact – no defense!

Front 31

DEFENSE - Mistake of Fact

Back 31

Specific Intent = Any mistake of fact (reasonable or unreasonable)

Malice and General Intent - Reasonable Mistakes Only

Strict Liability - Never

Unreasonable Mistake of Fact: (e.g. Whitebread’s pink car example).

Front 32

Strict Liability Crimes

Back 32

if the crime is in the administrative, regulatory or morality area, and when read the statute, there are no adverbs like “Knowingly”, “willfully”, “intentionally”.

Front 33

Specific Intent Defenses

Back 33

i. Voluntary Intoxication

ii. Any mistake of fact, even unreasonable

Front 34

Arson

Back 34

1. malicious
2. burning (charring)
3. of dwelling house
4. of another

Front 35

Burglary

Back 35

2. Entering of body
3. Into a dwelling
4. of another
5. At NIGHT
6. W/intent to commit a felony therein (intent had to exist at the time of the B&E)

Front 36

Involuntary Manslaughter

Back 36

Killing committed with criminal negligence (gross negligence) OR during the commission of an unlawful act

Front 37

Voluntary Manslaughter

Back 37

Killing that would be murder but of the existence of adequate provocation
- Look for "heat of passion"

Front 38

Extortion

Back 38

Blackmail

Obtaining property by means of threats to do harm or to expose information

Front 39

Malice Crimes

Back 39

1) Common Law Murder
2) Arson

Front 40

To what crimes is voluntary intoxication a defense?"

Back 40

Only to specific Intent crimes

Front 41

When is non-deadly use of force an adequate self defense?

Back 41

Anytime the victim reasonably believes that force may be used on them

Front 42

When is deadly use of force a legitimate defense in Majority states?

Back 42

Majority (default): anytime the victim reasonably believes that deadly force is about to be used on them

Front 43

"What is duress?

When is it a defense?"

Back 43

"Duress is when someone threatens you (or a family member) with imminent death or great bodily harm and tells you to commit a crime

It is a defense for all crimes but homicide"

Front 44

What type of mistake of fact is a defense for a crime of strict liability?

Back 44

None - mistake of fact is never a defense for crimes of strict liability

Front 45

What type of mistake of fact is a defense for a crime requiring malice or general intent?

Back 45

only if the mistake is reasonable

Front 46

What type of a mistake of fact is a defense for a crime requiring specific intent?

Back 46

ANY mistake (reasonable or unreasonable)

Front 47

"What is an example of assault as an attempted battery?

What is the intent requirement?"

Back 47

"Pro takes swing at me, I duck, and he misses

specific intent"

Front 48

What is battery?

What is the intent requirement?"

Back 48

"A completed assault

it's a general intent crime"

Front 49

What is the intent requirement for assault as a threat?

Back 49

General intent

Front 50

If there is any contact, what happens to the assault as an attempted battery?

Back 50

The assault as an attempted battery merges with battery.

Front 51

What are the requirements for voluntary manslaughter?

Back 51

"It is a killing from passion or a provoked killing

The requirements for provocation are
1. no time to cool off from the heat of passion AND
2. not ""mere words"""

Front 52

what are the requirements for involuntary manslaughter?

Back 52

killing from criminal negligence (gross negligence)

Front 53

What is the requirement for misdemeanor manslaughter?

Back 53

Killing someone while you are committing either a misdemeanor or an unenumerated felony (a felony not included within felony murder rule)

Front 54

What are the defenses to statutory rape?

Back 54

None. It is strict liability. So consent of victim and mistake of fact are no defense.

Front 55

Elements of arson

Back 55

"1. the MALICIOUS (intentional or w/reckless disregard of obvious risk)
2. BURNING (charring sufficient, blackening by smoke not) (explosion not enough unless it caused the fire)
3. of a DWELLING
4. of ANOTHER"