Criminal Law

Front 1

Solicitation

Back 1

inducing, urging, or commanding another to commit a FELONY

Note: Merges with crime and conspiracy

Front 2

Solicitation Defenses

Back 2

NOT: impossibility, change of mind

Yes: protected class

Front 3

Conspiracy

Back 3

Agreement between 2 or more to accomplish criminal act, unlawful purpose, or lawful purpose unlawfully (does NOT merge)

MD: no overt act required, but on MS, overt act required

Front 4

Conspiracy defenses

Back 4

NOT: impossibility

Yes: protected class

may limit liability by by withdrawing with affirmative act notifying all others

Front 5

Attempt

Back 5

common law/MS - "dangerously close"
MD - "substantial step"

(1) Specific Intent crime
(2) Impossibility NOT a defense
(3) Abandonment NOT defense beyond mere preparation (Not defense at all in MD)

Front 6

Battery

Back 6

(1) unlawful application of force; and
(2) resulting in bodily injury or offensive touching

Front 7

Assault (second degree)

Back 7

Attempted Battery; or
Intentional creation of reasonable apprehension of imminent bodily harm other than by mere words

Front 8

Assault (First degree)

Back 8

Second degree PLUS aggravating factor:

use of a firearm; or
causing or attempting to cause death/serious bodily harm

Front 9

Mayhem

Back 9

dismemberment of body part

Front 10

First Degree Murder

Back 10

poison, lying in wait, felony-murder, premeditated and deliberate

MD - NOT torture

Front 11

Second Degree Murder

Back 11

any murder not first degree

MD - felony-murder for felony other than MRS BAKER so long as dangerous to human life

Front 12

Involuntary Manslaughter

Back 12

homicide by criminal negligence (e.g. driving real fast)

Front 13

Misdemeanor-Manslaughter

Back 13

homicide during commission of certain misdemeanors

Front 14

Voluntary Manslaughter

Back 14

intentional homicide BUT

(1) adequate provocation or heat of passion;
(2) would arise sudden and intense passion in RP

MD - Words alone not enough

Front 15

Kidnapping

Back 15

confinement of person by movement or concealment

MD - Movement with intent to conceal required

Front 16

Rape

Back 16

(1) sexual intercourse;
(2) force or threat of force involving immediate, serious bodily harm

Front 17

Statutory rape

Back 17

sex with underage female

strict liability

Front 18

Larceny

Back 18

(1) taking
(2) personal property
(3) of another
(4) asportation
(5) trespass
(6) intent to deprive permanently

Front 19

Embezzlement

Back 19

(1) fraudulent conversion
(2) another's property
(3) by person in lawful possession of that property

Front 20

False Pretenses

Back 20

(1) obtaining TITLE of another's property
(2) by making false statement of past or present fact
(3) with specific intent to defraud other person;
(4) reliance by person

NOTE: honest belief doing something right is defense

Front 21

MD Theft Statutes

Back 21

(1) taking and carrying away property;
(2) of another
(3) with intent to deprive for any period


Covers larceny, embezzlement, and false pretenses

Front 22

Robbery

Back 22

larceny by force or threat of force (person must give up property as result of threat/force)

Notes: (1) threat must be of immediate death or serious bodily injury; (2) force to escape counts

Front 23

Receipt of Stolen Property

Back 23

D must KNOW it was stolen

Front 24

Drug Possession

Back 24

(1) knowledge of illegal drugs being present; and
(2) actual or constructive possession

Front 25

Extortion

Back 25

(1) Threat to harm person or property
(2) specific intent to deprive someone them of anything of value

Front 26

Malicious Mischief

Back 26

Malicious destruction or damage to property of another

Front 27

Burglary

Back 27

(1) breaking and entering (fraud counts)
(2) dwelling
(3) of another
(4) at night (NOT MD)
(5) with intent to commit felony

Front 28

Rogue and vagabond

Back 28

Possession of burglar's tools with intent to break and enter building or vehicle

Front 29

Arson

Back 29

malicious burning of another's house

burning = charring NOT blacking, and fire NOT explosion

Front 30

Criminal Invasion of privacy

Back 30

MD - viewing or photographing someone in private place

Front 31

Common Law Parties to Crime

Back 31

Principal in first degree - person who commits act

Principal in Second - aid or encourages and present at scene

accessory before - aids/plans but not present

accessory after - helps escape

Front 32

Modern Approach - Parties to crime

Back 32

Principal
Accomplice (aider or abettor)

Front 33

M'naghten Insanity defense

Back 33

(1) disease of mind caused;
(2) at time of crime
(3) lack ability to know what he did was wrong or understand nature/quality of act

Front 34

Irrestible Impulse Test

Back 34

(1) mental illness caused
(2) sudden urge to commit crime
(3) could not be resisted

Front 35

MPC/MD test

Back 35

(1) mental disease
(2) lacks substantial capacity to appreciate what he did was wrong or to conform conduct to requirements of law

Front 36

Durham Test

Back 36

(1) unlawful act
(2) product of a mental disease or defect

Front 37

Involuntary Intoxication

Back 37

defense if results satisfy insanity defense

Front 38

Voluntary Intoxication

Back 38

negates mens rea of specific intent crime

NOTE: all attempt crimes

Front 39

Incompetence to Stand trial

Back 39

cannot be put on stand if (1) unable to understand nature of proceedings; or (2) unable to assist lawyer in preparation of defense

Front 40

Murder

Back 40

unlawful killing with malice aforethought:
(1) intent to kill
(2) intent to inflict great bodily injury
(3) reckless indifference to unjustifiably high risk of human life;
(4) felony-murder