Criminal Law

Front 1

Felony

Back 1

i. Burglary
ii. Arson
iii. Robbery
iv. Rape
v. Larsony
vi. Murder
vii. Manslaughter
viii. Mayhem

Front 2

Inchoate Crimes

Back 2

1. Solicitation
2. Attempt
3. Conspiracy*

* Conspiracy DOES NOT MERGE, the other two do.

Front 3

Conspiracy

Back 3

1. An agreement between two or more persons
2. An intent to enter into an agreement; and,
3. An intent to achieve the objective of the agreement.
4. An act in furtherance of the conspiracy (mere preparation)-- CANNOT WITHDRAW, but if in a conspiracy, the defendant withdraws, she is liable for all foreseeable crimes committed in furtherance unless she has withdrawn.
IMPOSSIBILITY -- no defense

Front 4

When does "Jeopardy" attach?

Back 4

When there has been a decision on its merits. EXCEPTION: when the defendant requests and is granted a mistrial before judgment on its merit.

Double Jeopardy is no bar to multiple prosecutions in different states.

Front 5

Assault

Back 5

1. An attempt to commit a battery (Focus on Defendant's state of mind)
2. The intentional creation (other than by mere words) of a reasonable apprehension in the mind of the victim of imminent bodily harm.(Focus on the Victim state of mind)

Front 6

Murder (common law)

Back 6

The unlawful killing of another human being with malice aforethought.

Must be the "cause in fact" and the "proximate cause".

Same as 2nd degree murder.

Front 7

"Fruit of the Poisonous Tree"

Back 7

Exclusionary Rule:
"illegally obtained evidence must be excluded, but also all evidence obtained or derived from the exploitations of the evidence must be excluded.

Front 8

Warrant Requirement Exceptions (6)

Back 8

1. Search incident to a lawful arrest
2. The automobile exception
3. Plain view
4. Consent
5. Stop and Frisk
6. Hot Pursuit

Front 9

Plain View Exception Requirements Requirements (4)

Back 9

1. Police have legitimate purposes for being on the premises
2. Discovery of evidence, fruits, or instrumentalities crime, or contraband
3. See such evidence in plain view; and
4. Have probable cause to believe that the item is evidence, contraband, or a fruit or instrumentality of crime.

Front 10

"Deadly Force"

Back 10

the general rule is that one may use deadly force in self-defense even if the use of force could be avoided by retreating safely. This rule, however, does not apply to one who is the initial aggressor. Unless the aggressor:
1) withdraws and communicates to withdraw to the other person or
2) the other person suddenly escalates a minor fight into one involving deadly force without giving the aggressor the chance to withdraw.

Front 11

When a person may use "Deadly force" (3)

Back 11

1. He is without fault
2. He is confronted with unlawful force
3. He is threatened with imminent death or great bodily harm.

Front 12

Larceny by Trick

Back 12

ALWAYS look for the victim's consent induced by misrepresentation.

If larceny results in obtaining title (not mere possession) from the victim then it is "false pretenses"

Front 13

Pari Delicto

Back 13

Not in Criminal Cases!! (Only in Torts)

Front 14

Due Process Clause

Back 14

Requires the prosecution to prove beyond a reasonable doubt each element of the crime.

Front 15

"Malice Aforethought"

Back 15

1. Intent to kill
2. Intent to inflict great bodily injury
3. Awareness of an unjustifiable high risk to human life
4. Intent to commit a felony

Front 16

Murder reduced to Voluntary Manslaughter if:

Back 16

1. The defendant acts under a provocation that caused him to lose control
2. The provocation would arise in a sudden and intense passion in the mind of an ordinary person so as to cause him to lose self-control
3. There is insufficient time between the provocation and the killing for the passion of a reasonable person to cool off
4. The defendant in fact did not cool off between the provocation and the killing.

Front 17

False Pretenses

Back 17

1. Obtaining title
2. To the property of another
3. By intentional (or knowingly) false statements of past or existing fact
4. With the intent to defraud another.

Front 18

Factual Impossibility

Back 18

it is no defense to a charge of criminal attempt that would have been impossible for the defendant to do all of those things that he intended to do, had the attendant circumstances been as to the defendant believed them to be.

Front 19

Legal Impossibility

Back 19

is a defense in which the defendant sets out to do something he mistakenly believes constitutes a crime.

Front 20

Failure to Act Exceptions

Back 20

1. Relationships (family)
2. Contractual Obligations (lifeguard)
3. The defendant affirmatively begins to act (once you start you must act reasonably)

Front 21

Specific Intent Crimes
These Crimes get two more defenses: Intoxication, Mistake

Back 21

1. The inchoate offenses (Solicitation, Attempt, Conspiracy)
2. First Degree Murder
3. Assault, one type of
4. Property Offenses of larceny, false pretenses and embezzlement
5. Robbery and Burglary

Front 22

Malice Crimes

Back 22

Arson and Murder

Front 23

General Intent Crimes

Back 23

Rape, Battery and Kidnapping

Plus all other crimes not listed.

Front 24

FOUR Categories of Parties

Back 24

1. Principal in the first degree; the defendant who is present at the scene of the crime, and commits at least one element of the crime.
2. Principal in the second degree; defendant who is present at the scene of the crime, does not commit any element of the crime, but provides assistance.
3. Accessory before fact, defendant not at the scene of the crime, but provides assistance ahead of time, before the fact.
4. Accessory after-the-fact; actual crime, someone who provides assistance to the fleeing criminal after the offense.*The first three categories are not crimes.

Front 25

SOLICITATION

Back 25

asking or encouraging another person to commit a crime. CANNOT WITHDRAW.

Crime is completed the moment words are uttered.

Merger: YES
IMPOSSIBILITY is no defense

Front 26

ATTEMPT

Back 26

"getting close, but it doesn't have to be the last possible act, it's somewhere between early preparation and the final act. A substantial step toward the completion of the crime."

Front 27

4 INSANITY DEFENSES

Back 27

1. M'Naughten Standard
2. Irresistible Impulse Test
3. Product Rule
4. The MPC Standard

Front 28

M'NAUGHTEN STANDARD

Back 28

Majority Rule, Right/Wrong Test.

"Mental illness caused the defect in a person's reasoning power such that the defendant did not know that her actions were. Exclusive focus on knowledge, cognition.

"Did not know right from wrong"

Front 29

IRRESISTIBLE IMPULSE TEST

Back 29

mental illness caused a sudden urge to commit the crime and the urge could not be resisted. Looks only to the ability to control one's actions, volitions.

Front 30

PRODUCT RULE

Back 30

The crime was a product of mental illness.

Front 31

THE MPC STANDARD

Back 31

Combines 1. & 2.

"The mental illness caused substantial impairment of the ability to appreciate the wrongfulness of the act or to conform their conduct to the law."

Front 32

VOLUNTARY INTOXICATION

Back 32

ONE RULE: no exceptions!

Voluntary Intoxication evidence only allowed with specific intent crimes (see Specific Intent Crimes)

An emerging rule: state statutes which do not allow evidence of voluntary intoxication for any crimes, the Supreme Court ruling, no constitutional problem.

Front 33

MISTAKE

Back 33

1. A Valid Defense, even if unreasonable, to a specific intent crime.
2. As to all other crimes, the mistake must be reasonable.

MISTAKE of LAW, a true defense versus the failure of proof. True defense, the government proves the case, but defendant relied on an official interpretation of the law.

Front 34

Can the Aggressor raise a self-defense claim?

Back 34

NO, unless the aggressor is no longer the aggressor.

watch for ESCALATION.

Front 35

When can a police officer use deadly force to stop a fleeing felon?

Back 35

At Common Law 2 Requirements:
1. probable cause to believe that the person just committed the crime.
2. It was reasonably necessary to use deadly force to prevent escape.

Now a third, constitutionally-based requirement
3. Felon posed serious risk of danger to others, not just that she had committed some crime.

Front 36

"They Made Me Do It!"

Back 36

Duress & Necessity

(BUT the defendant cannot raise these defenses if it involves the intentional killing of another human being)

Front 37

ENTRAPMENT

True Defense!

Back 37

Two elements to the DEFENSE
1. The police instigated the crime, induced the defendant to act -- usually not tough to prove.
2. The government has to show that the defendant was predisposed to commit the crime, prior to the government conduct -- much more difficult.

Proof of Predisposition: Prior Crimes. Government must prove predisposition beyond a reasonable doubt or it is entrapment as a matter of law; but may use prior crimes to show predisposition.

Front 38

MALICE PROOF

Back 38

1. Intent to kill (no evidence of voluntary intoxication)
2. An intent to inflict great bodily harm;
3. Implied Malice -- depraved heart, gross recklessness.
4. Felony Murder

Front 39

FELONY MURDER

Back 39

1. During the course of the felony, broadly defined;
2. A violent felony, common sense determination;
3. Results in death, broadly construed as any foreseeable death no matter how bizarre.

Jurisdictions are split on the direct cause of death, the common-law rule is that liability attaches no matter who directly caused the killing. Was the killing foreseeable?

The modern rule is, that must be one of the defendants who directly caused the death.

Front 40

MANSLAUGHTER
(Voluntary & Involuntary)

Back 40

the unlawful killing of a human being without malice.

Front 41

VOLUNTARY MANSLAUGHTER

Back 41

Killing in the "heat of passion"
1. Sudden Action
2. In heat of passion, caused by
3. Legally (words alone are not enough) adequate provocation.

Front 42

INVOLUNTARY MANSLAUGHTER
(TWO FORMS)

Back 42

1. In connection with a lawful act, but done recklessly (though not grossly reckless);
2. In connection with an unlawful act, minor battery causes death for example.

Front 43

CRIMES AGAINST THE PERSON

Back 43

1. Kidnapping
2. Rape
3. Statutory Rape

Front 44

CRIMES AGAINST PROPERTY

Back 44

1. Larceny
2. Embezzlement
3. False Pretences

Front 45

RECEIVING STOLEN PROPERTY
(4 ELEMENTS)

Back 45

1. The person must actually receive;
2. Personal property, not real property;
3. With knowledge that it has been stolen;
4. With the intent to permanently deprive the owner.

Front 46

ROBBERY
(LARCENY + ASSAULT)

Back 46

1. The taking of
2. Personal property
3. From another's presence
4. By force or threat of force.

Front 47

POSSESSION OFFENSES
(Parallel to inchoate offenses, in that the concern is always another crime will take place involving weapons, drugs, instrumentalities, burglary tools, etc.)

Back 47

1. Actual Possession: with knowledge
2. Constructive Possession: with knowledge, defendant maintains control over the item even though she does not physically habit. E.g. holding the key to a safety deposit box that contains the item would be constructive possession.
3. The Possession Presumption