Criminal Law 2013

Front 1

What is a felony?

Back 1

a crime generally punishable by death or imprisonment for more than a year

Front 2

Due process requirements for criminal statute

Back 2

1) fair warning (a reasonable person could tell what is outlawed)

2) no arbitrary and discriminatory enforcement

Front 3

What are the basic elements of a crime?

Back 3

1) actus reus (physical act)
2) mena rea (mental state)
3) concurrence between mental and physical
4) causation (actual, proximate)

Front 4

What is a physical act or actus reus?

Back 4

- a voluntary physical act -OR-
- failure to act under the circumstances

Front 5

When does failure to act give rise to liability?

Back 5

1) specific duty to act
2) defendant has knowledge of facts giving rise to duty to act
3) reasonably possible to perform

Front 6

When is possession an act?

Back 6

when the defendant has possession or control of an item long enough to have an opportunity to terminate the possession

Front 7

What is specific intent?

Back 7

The act of doing with specific objective

Front 8

What crimes are specific intent?

Back 8

Inchoate crimes:
1) solicitation
2) attempt
3) conspiracy

Crimes against person:
1) first degree murder
2) assault

Crimes against property:
1) larceny
2) robbery
3) forgery
4) false pretenses (fraud)
5) embezzlement
6) burglary

Front 9

What are the different types of mental states?

Back 9

1) specific intent
2) general intent
3) malice
4) strict liabiltiy

Front 10

What is malice?

Back 10

a reckless disregard for an obvious or high risk that the particular harmful result will occur

Front 11

What are malice crimes?

Back 11

1) common law murder
2) arson

Front 12

What is general intent?

Back 12

awareness of a high likelihood that the factors constituting a crime will occur

Front 13

What are the general intent crimes?

Back 13

1) battery
2) rape
3) kidnapping
4) false imprisonment

Front 14

Transferred intent applies to which crimes?

Back 14

1) homicide
2) arson
3) battery

Front 15

What is strict liability?

Back 15

an offense that does not require awareness of the factors constituting a crime. ∆ can be found guilty from the mere fact that she committed the act.

Front 16

What are the strict liability crimes?

Back 16

1) statutory rape
2) selling liquor to minors
3) bigamy (some jurisdictions)

Front 17

What are the MPC types of intent?

Back 17

1) purposely
2) knowingly
3) recklessly
4) negligently

Front 18

What is purposely? MPC

Back 18

conscious object is to engage in certain conduct or cause a certain result

Front 19

What is knowingly? MPC

Back 19

awareness that conduct is of a particular nature or will cause a particular result

Front 20

What is recklessly? MPC

Back 20

consciously disregarding a substantial known risk

Front 21

What is negligence? MPC

Back 21

failure to be aware of a substantial risk (objective standard)

Front 22

When may be corporations be liable for crimes?

Back 22

criminal acts performed when:

1) an agent of the corporation is acting within the scope of his office or employment -OR-
2) a corporate agent high enough in the hierarchy to presume his acts reflect corporate policy

Front 23

Which parties are involved in the common law crime of accomplice liability?

Back 23

1) principal in the first degree (one who committed crime, present)
2) principal in the second degree (aided, encouraged, present)
3) accessory before the fact (assisted, not present)
4) accessory after the fact (person who with knowledge of the crime aided in escape)

Front 24

Which parties are involved in the modern crime of accomplice liability?

Back 24

all "parties to the crime"

- NOT accessory after the fact. accessory after the fact is treated differently, no relationship to principal offense.

Front 25

What intent is required for accomplice liability?

Back 25

intent to encourage the crime

Front 26

What crimes can an accomplice be found guilty of?

Back 26

crimes in which he was directly involved and those crimes committed in the course of committing the first crime which are foreseeable or probable

Front 27

When is withdrawal effective to counteract accomplice liability?

Back 27

must occur before the crime become unstoppable

- repudiation enough if just encouraged
- attempt to neutralize required if involvement went beyond encouragement

Front 28

What are the inchoate crimes?

Back 28

1) solicitation
2) attempt
3) conspiracy

Front 29

What are the elements of solicitation?

Back 29

1) inciting, counseling, advising, urging, or commanding another to commit a crime
2) intent that the person solicited commit the crime

Front 30

What are defenses to solicitation?

Back 30

NOT withdrawl

MPC: prevention of the commission of the crime

Front 31

Does merger apply to solicitation?

Back 31

Yep! Solicitor cannot be guilty of both solicitation and the crime he solicits (conspiracy, attempt, murder).

Front 32

What are the elements of conspiracy?

Back 32

1) agreement between two or more parties
2) intent to enter into the agreement
3) intent by at least two persons to achieve the objective of the agreement (MPC Unilateral approach, Traditional is bilateral)
4) over act (majority, mere preparation)

Front 33

What is the Wharton Rule?

Back 33

where two or more people are necessary for the commission of the substantive offense there is no crime of conspiracy unless more parties participate

Front 34

What effect does an acquittal have on conspirators?

Back 34

Traditional view: the affirmative acquittal of all alleged co-conspirators precludes conviction of the remaining defendant

MPC unilateral approach:
the defendant can convicted of conspiracy regardless of whether the other parties have all been acquitted or feigning agreement

Front 35

What mental state is required for conspiracy?

Back 35

specific intent:
1) intent to agree
2) intent to achieve the objective of the conspiracy

Front 36

What are not defenses to conspiracy?

Back 36

- Factual impossibility
- Withdrawal

Front 37

When IS withdrawal a defense in relation to a conspiracy?

Back 37

a defense to the crimes committed in furtherance of the conspiracy, including the actual target crime of the conspiracy

Front 38

What is an effective withdrawal from conspiracy?

Back 38

an affirmative act signaling a withdrawal made in time for all other members to abandon plans

Front 39

Is there merger in conspiracy?

Back 39

No! Conspiracy is a separate crime from the one committed.

Front 40

What are the elements of attempt?

Back 40

1) an act done with intent to commit a crime
2) that falls short of completion

+ overt act (substantial step)

Front 41

What mental state is required for attempt?

Back 41

specific intent--an intent to commit the crime

Front 42

What is an overt act in attempt?

Back 42

an act "beyond mere preparation"

- traditional: proximity test --> act must be "dangerously close" to successful completion of the crime
- MPC: "substantial step" in commission of the crime that strongly indicates criminal purpose

Front 43

What are defenses to attempt?

Back 43

- Legal impossibility (factual not a defense)
- Abandonment (fully and completely) is defense ONLY in the MPC

Front 44

Is there merger in attempt?

Back 44

Yep! Cannot be found guilty of both attempt and the crime itself

Front 45

What are the insanity defenses?

Back 45

1) M'Naghten Rule
2) Irreversable impulse test
3) Durham test
4) ALI or MPC test

Front 46

what is the M'Naghten test?

Back 46

If D had a mental disease or defect that caused him either to
1) not know that his act would be wrong
2) not understand the nature and quality of his actions

Front 47

What is the irresistible impulse test?

Back 47

if because of his mental illness, he was unable to control his actions or conform his conduct to the law

Front 48

What is the Durham test?

Back 48

if the crime was a product of his mental illness

Front 49

What is the ALI or MPC test?

Back 49

if he had either a mental disease or defect and as a result he lack substantial capacity to either
1) appreciate the criminality of his conduct or
2) conform his conduct to the requirements of the law

Front 50

What effect does a finding of insanity have on procedure and conviction?

Back 50

- defendant may not refuse a psychiatric examination
- defendant may be committed to a mental institution
- defendant may not be executed

Front 51

What is voluntary intoxication and what effect does it have?

Back 51

Voluntary intoxication is the intentional taking without duress of a substance known to be intoxicating.

It is a defense ONLY to specific intent crimes.

Front 52

What is involuntary intoxication and what effect does it have?

Back 52

intoxication resulting from taking an intoxicating substance without knowledge of its nature, under direct duress imposed by another, or pursuant to medical advice while unaware of the intoxicating effect.

It is a defense to ALL crimes.

Front 53

What are the infancy rules?

Back 53

At common law:
- under 7: no liability
- between 7-14: presumption that child unable to understand wrongfulness of actions
- over 14: treated as adults

Front 54

What type of non-deadly force may a person use in self defense?

Back 54

Nondeadly force: such force as reasonably appears is necessary to protect herself (no duty to retreat)

Front 55

When may a person use deadly force in self defense?

Back 55

Deadly force:
1) she is without fault
2) she is confronted with an "unlawful force"
3) she is threatened with imminent death or great bodily harm

Front 56

Is there a duty to retreat before using deadly force?

Back 56

usually no duty to retreat

Minority:
requires retreat if safe to do so unless
1) attack at home
2) attack occurs while victim making a lawful arrest
3) victim is getting robbed

Front 57

When may the aggressor use self defense?

Back 57

1) if she effectively withdraws and communicated her desire to withdraw
-OR-
2) sudden escalation of a minor fight into a deadly one

Front 58

When may a person use force in defense of others?

Back 58

May use force in defense of others if she reasonably believes that the person assisted has the legal right to use force in his own defense.

Front 59

When may a person use force in defense of property?

Back 59

- non-deadly force may be used to prevent or end an unlawful entry into or attack on one's dwelling
- deadly force: only to prevent a violent entry made with the intent to commit a personal attack on an inhabitant -OR- to prevent entry to commit a felony in a dwelling

Front 60

When may a person use force in defense of other property (non-dwelling)?

Back 60

Nondeadly force: if reasonably necessary to defend property in one's possession (unless request to desist would suffice, force NOT allowed)

Deadly force: NEVER!

Front 61

When may force be used to prevent crime?

Back 61

Non-deadly force: if reasonably necessary to prevent a felony or serious breach of peace

Deadly force: only to prevent or end felony risking human life

Front 62

When may a police officer use force to effectuate arrest?

Back 62

nondeadly force: if reasonably necessary to arrest

deadly force: only to prevent the escape of a felon who threatens human life

Front 63

When may a private person use force to effectuate arrest?

Back 63

non-deadly force: if the crime in fact committed and reasonable belief that this person committed it

deadly force: only to prevent escape of person who actually committed the felony and who threatens human life

Front 64

When may a person use force to resist arrest?

Back 64

nondeadly force: to resist an unlawful arrest even if a known officer is making the arrest

deadly force: only if improper arrest and defendant does not know the arrester is a police officer

Front 65

When may a person use force out of necessity?

Back 65

nondeadly force: if reasonably necessary to avoid greater harm

deadly force: never

Front 66

When is mistake a defense?

Back 66

to counter specific intent crime: can be an unreasonable or reasonable mistake

to counter all other crimes (malice, general intent): reasonable mistake

Strict liability: never

Front 67

When is mistake of law a defense?

Back 67

Usually NOT a defense

Only if: the applicable statute not published or made available, there was reasonable reliance on a statute, or reasonable reliance on official interpretation or advice

Front 68

When is consent a defense?

Back 68

in crimes requiring lack of consent (e,g, rape) and minor assaults and batteries

consent must be voluntarily and freely given, doesn't involve fraud, and party legally capable of giving consent

Front 69

When is entrapment a defense?

Back 69

Only if:
1) criminal design originated with law enforcement officers AND
2) defendant not predisposed to commit the crime prior to contact with the officers

Front 70

What is battery?

Back 70

an unlawful application of force resulting in either bodily injury or an offensive touching

Front 71

What is aggravated battery?

Back 71

1) battery with a deadly weapon
2) battery resulting in serious harm
3) battery of a child, woman, or police officer

Front 72

What is assault?

Back 72

1) attempted battery OR
2) intentional creation (other than by mere words) of a reasonable apprehension in the mind of the victim of imminent bodily harm

Front 73

What is aggravated assault?

Back 73

assault with a deadly weapon or intent to rape or maim

Front 74

What is mayhem?

Back 74

Common law:
dismemberment or disablement of a bodily part (usually now considered aggravated battery)

Front 75

What is murder? CL

Back 75

unlawful killing of a human being with malice aforethought and was committed with one of the following states of mind:

1) intent to kill
2) intent to inflict great bodily harm
3) reckless indifference to an unjustifiably high risk to human life
4) intent to commit a felon

Front 76

What are the required states of mind for murder?

Back 76

1) intent to kill
2) intent to inflict great bodily harm
3) reckless indifference to an unjustifiably high risk to human life
4) intent to commit a felony

Front 77

what is voluntary manslaughter

Back 77

a killing that would be murder but for the existence of adequate provocation

Front 78

What is adequate provocation for voluntary manslaughter?

Back 78

1) provocation that would arouse sudden and intense passion in the mind of an ordinary person, causing him to lose self control
2) the defendant was in fact provoked
3) there was not sufficient time for a reasonable person to cool
4) the defendant in fact did not cool

Front 79

What is the imperfect self defense doctrine?

Back 79

a defense where murder could be reduced to manslaughter
1) D was at fault in starting the altercation
2) D unreasonably but honestly believed in the necessity of responding with deadly force

Front 80

What is involuntary manslaughter?

Back 80

a killing committed with criminal negligence + foreseeability OR
a killing during the commission of an unlawful act + foreseeability

Front 81

What is first degree murder? Statutory.

Back 81

murder committed with deliberation and premeditation

Front 82

What is first degree felony murder?

Back 82

A killing committed during the commission of an enumerated felony

1) D must have completed the underlying felony
2) felony must be distinct from the killing itself
3) death must be a foreseeable result
4) death must have occurred before the defendant's immediate flight (i.e. during commission of the felony)

Front 83

What is felony murder?

Back 83

Any death caused in the commission of or in an attempt to commit a felony (inherently dangerous felony)

1) defendant committed underlying felony
2) killing separate from the felony
3) death caused during commission of felony
4) foreseeable death

Front 84

What is misdemeanor manslaughter?

Back 84

death caused in the commission of a non-inherently dangerous felony

Front 85

What causation is required for homicide?

Back 85

- cause in fact -- but for cause
- proximate cause -- natural result of the conduct

Front 86

What is false imprisonment?

Back 86

unlawful confinement of a person without his valid consent

MPC: unlawful confinement of a person without valid consent that substantially interferes with the victim's liberty

Front 87

What is kidnapping?

Back 87

unlawful confinement that includes

1) movement of the victim OR
2) concealment of the victim in a secret place

Front 88

What is aggravated kidnapping?

Back 88

kidnapping for ransom or for the purpose of committing other crimes

Front 89

What is rape?

Back 89

the unlawful carnal knowledge of a woman by a man, not her husband, without her effective consent

1) intercourse by actual force
2) intercourse accomplished by threats of great and immediate bodily harm
3) victim incapable of consenting due to unconsciousness, intoxication, or mental condition OR
4) victim fraudulently caused to believe that the act was not intercourse

Front 90

What is statutory rape?

Back 90

the carnal knowledge of a female under the age of consent; strict liability crime

Front 91

What is bigamy?

Back 91

a strict liability offense of marrying someone while having another living spouse

Front 92

What is larceny?

Back 92

1) the taking
2) and carrying away
3) of tangible personal property
4) of another
5) by trespass
6) with intent to permanently deprive that person of his interest

Front 93

What kind of intent is required for larceny?

Back 93

Specific intent to permanently deprive when she took the property.

taking with the mistaken belief that she is taking her own property is not enough.

Front 94

Is a person guilty of larceny if the defendant wrongfully takes property with initial intent to return it, but ends up keeping it?

Back 94

If ∆ wrongfully takes property without intent to premanently deprive, then later decides to keep the property, she is guilty of larceny when decides to keep it.

Front 95

What is embezzlement?

Back 95

1) fraudulent
2) conversion (dealing with property in manner inconsistent with actual type of possession)
3) of personal property
4) of another
5) by a person in lawful possession of that property

Front 96

What is the crime of false pretenses?

Back 96

1) obtaining title
2) to personal property of another
3) by an intentional false statement of past or existing fact
4) with intent to defraud the other

Front 97

What is larceny by trick?

Back 97

when a victim is tricked my misrepresentation of fact into giving up possession of property (versus title in false pretenses)

Front 98

What is robbery?

Back 98

1) a taking
2) of personal property of another
3) from the other's person or presence
4) by force or threats of immediate death or physical injury
5) with intent to permanently deprive him of it

Front 99

What is extortion?

Back 99

the corrupt collection of an unlawful fee by an officer under color of office OR
obtaining property via threats to do harm (modern)

Front 100

What is receipt of stolen property?

Back 100

1) receiving possession and control
2) of stolen personal property
3) known to have been obtained via criminal conduct
4) by another person
5) with intent to permanently deprive the owner of his interest

Front 101

What is forgery?

Back 101

1) making or altering
2) a writing with apparent legal significance
3) so that it is false
4) with intent to defraud

Front 102

What is uttering a forged instrument?

Back 102

1) offering as genuine
2) an instrument that may be subject of forgery and is false
3) with intent to defraud

Front 103

What is malicious mischief?

Back 103

1) malicious
2) destruction of or damage to
3) the property of another

Front 104

What is burglary?

Back 104

1) breaking (just opening)
2) entering
3) of a dwelling (no longer)
4) of another
5) at nighttime (no longer)
6) with intent to commit a felony in the structure

Front 105

What is arson?

Back 105

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