Criminal Law

Front 1

Define "purposely" according to the MPC

Back 1

A person acts purposely with respect to a material element of an offense when:

i. if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature

ii. if the element involves the attendant circumstances, he is aware of the existence of such circumstances or his believes or hopes that they exist.

Front 2

Common law definition of murder

Back 2

The unlawful killing of a human being with malice aforethought.

Front 3

Malice aforethought can be established with any one of the following states of mind:

Back 3

1. Intent to kill

2. Intent to cause serious bodily harm

3. Depraved or wicked heart: an extreme indifference to the value of human life

4. The commission of a felony

Front 4

Two types of first degree murder in the state statutory model

Back 4

1. Premeditated and deliberate killing of a human being

2. Felony Murder: the killing of a person during the commission of a dangerous felony

Front 5

Under the state statutory model, second degree murder is either all murder not covered under the first degree murder statute or...

Back 5

Either:

1. Homicide with an intent to cause serious bodily harm

2. Homicide with a depraved indifference to the value of human life

Front 6

Common law definition of manslaughter

Back 6

The unlawful killing of a human being without malice aforethought

Front 7

Most common manslaughter situations (common law)

Back 7

1. Intentional killing that took place during the heat of passion after legal provocation

2. Reckless killing of a human being

3. Misdemeanor Manslaughter: causing the death of another in the commission of a misdemeanor

Front 8

MPC wording for "heat of passion / provocation"

Back 8

"extreme mental or emotional disturbance for which there is a reasonable excuse"

Front 9

What idea is employed when dealing with the reckless killing of a human being?

Back 9

Criminal negligence

Front 10

To what extent is the misdemeanor manslaughter rule used today?

Back 10

It is no longer recognized by a number of jurisdications; some states limit its application to only certain misdemeanors

Front 11

What is the MPC approach to determining whether there was an "extreme mental or emotional disturbance for which there is a reasonable explanation or excuse?"

Back 11

The jury decides:

1. Whether or not there was an extreme emotional disturbance

2. Whether there was a reasonable excuse

Front 12

when determining the reasonableness of his/her excuse in a manslaughter case, can the jury take into account the unique characteristics of the defendant?

Back 12

In general, the law has been moving in the direction of allowing more and more consideration of unique characteristics; this is explict in the MPC

Front 13

What is the crime when the driver of a car causes a death, and the driver's behavior was an extreme deviation from reasonable behavior but did not meet the standard of recklessness necessary for manslaughter

Back 13

Negligent homicide (under the state statutory model only)

Front 14

Common law definition of rape

Back 14

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

Front 15

Define statutory rape

Back 15

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

Front 16

Common law definition of battery

Back 16

The unlawful application of force to the person of another, resulting in physical harm or an offensive touching

Front 17

Mental state required for criminal battery

Back 17

recklessness

Front 18

Characteristics of modern battery statutes

Back 18

Battery is divided into degrees

The crime of battery is limited to those situations in which the victim suffers actual pain or harm, leaving offensive touchings to the law of torts

Front 19

Common law definition of assault

Back 19

Either:

1. Attempted battery
2. Intentionally placing a victim in fear of harm

Front 20

Mental state required for criminal assault

Back 20

specific intent

Front 21

What results when assault is committed in conjunction with battery or robbery (in the same act)?

Back 21

The doctrine of merge and the principle of double jeapordy apply and the defendant cannot be found guilty of both crimes

Front 22

What is the MPC approach to assault?

Back 22

The term "assault" is used to cover both common law assault and common law battery; there is not a separate battery offense

Front 23

Common law definition of larceny

Back 23

The intentional taking and carrying away of the personal property in the possession of another without consent with the intent to permanently deprive the other of the property

Front 24

Common law definition of embezzlement

Back 24

When a person in a fiduciary relationship (e.g. an employee), in lawful possession of a piece of property, converts it to his/her own use

Front 25

Common law definition of Obtaining Property by False Presenses

Back 25

When a person obtains both title and possession of the property of another through lies

Front 26

If a thief gains possession of property through lies but does not obtain title, what is the crime?

Back 26

Larceny

Front 27

Common law definition of robbery

Back 27

A taking and carrying away of the personal property in the possession of another from the other's possession or presence by force or intimidation with the intent to permanently deprive

Front 28

When is an act the proximate cause of a prohibited result?

(common law)

Back 28

An act is the proximate cause of all the natural and probable consequences of the act.

(this definition produced chaos)

Front 29

When is an act the proximate cause of a prohibited result?

(MPC)

Back 29

An act is not the legal cause if it is "too remote and accidental in its occurance to have a [just] bearing on the actor's liability or on the gravity of his offense."

Front 30

What is the common law and currently most common approach to when a fetus is considered a human being?

Back 30

The fetus must be "born alive"

Front 31

What is "aggravated robbery"

Back 31

A state statutory designation for robbery when a weapon is used

Front 32

Common law definition of burglary

Back 32

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

Front 33

What is the "dwelling house of another" in the context of common law burglary?

Back 33

Any structure customarily used for sleeping, whether or not someone was sleeping inside at the time

Front 34

What is "nighttime" in the context of common law burglary?

Back 34

The time of day during which you could not see the villain's features with natural light

Front 35

When is the crime of burglary complete?

Back 35

At the time of entry. The defendant can be separately charged for subsequent crimes (e.g. larceny)

Front 36

Common law definition of arson

Back 36

The malicious burning of the dwelling house of another

Front 37

What is the mental state required for arson?

Back 37

Arson is a malice crime, not a specific intent crime. Therefore, either intention or extreme recklessness will suffice

Front 38

Is intoxication a valid defense to arson?

Back 38

No

Front 39

Is mistake a valid offense to arson?

Back 39

Only if it is a reasonable mistake

Front 40

At common law, what kind of damage is required for arson?

Back 40

The damage must be done by fire, and some charring of the structure is required. Mere smoke damage will not suffice.

Front 41

What is the McNaughton Test?

Back 41

At the time of the crime, was the defendant so mentally ill that he did not know right from wrong?

Front 42

What makes the determination as to whether or not a defendant is mentally ill?

Back 42

The jury.

Front 43

What is the MPC approach to the defense of mental illness?

Back 43

At the time of the conduct, as a result of mental disease or defect, the defendant lacked substantial capacity to either appreciate the criminality of his conduct or to conform his conduct to the requirements of the law

Front 44

What is the result when the jury finds that the defendant is not guilty by reason of insanity?

Back 44

Commitment to a state mental hospital until he is no longer mentally ill and dangerous - this can be forever

Front 45

What is the defense of diminished capacity / partial insanity?

Back 45

Where the defense claims that the defendant was unable to form the necessary mental state for the crime

Front 46

What limitations do some states place on the diminished capacity / partial insanity defense?

Back 46

Some allow it only for specific intent crimes

Some states completely reject this defense, arguing that it is too complex for the jury

Front 47

How did the common law treat the defense of voluntary intoxication?

Back 47

1. It could be used as a defense only for specific intent crimes

2. The defedant would have to be so drunk that s/he did not know what s/he was doing

Front 48

What is the MPC approach to the defense of voluntary intoxication?

Back 48

It can be used as a defense to crimes requiring a purposeful or knowing state of mind

Front 49

What was the common law approach to the defense of youth?

Back 49

1. Defendants less than 7 years of age were conclusively presumed to be unable to form the requisite mental state for crime

2. For defendants between 7 and 14, there was a rebut-able presumption that the child could not form the requisite mental state, but that could be overcome by showing an extremely wicked state of mind

Front 50

Definition of the rule for self-defense

Back 50

A person who reasonably believes that they are under an unlawful attack can use that amount of force that they reasonably believe is necessary to defend themselves, and that may include the use of deadly force

Front 51

When does an original aggressor lose his/her right to self-defense?

Back 51

Always: if they originally intended to cause death or serious injury

Sometimes: always if they are the original aggressor

Front 52

What are the three approaches to the original aggressor rule when the original aggressor intends less than serious injury?

Back 52

1. Original aggressor in any type of fight loses all rights of self-defense

2. Original aggressor only loses his rights when the attack was designed to cause serious injury

3. Original aggressor who commits a homicide in self-defense is liable for manslaughter rather than murder

Front 53

What is the retreat rule in jurisdictions that require retreat? (common law)

Back 53

You must retreat if you can do so with safety before using deadly force in self-defense, but you are not required to retreat before using non-deadly defense. You are not required to retreat from your own home.

Front 54

What is the MPC approach to the defense of self-defense?

Back 54

1. Requires subjective belief of being under attack

2. Defendants charged with crimes requiring a reckless or negligent mental state may not use the defense of self-defense if the defendant was reckless in his belief

3. Original aggressor only loses his right to self-defense when his original purpose was to cause death or serious injury

Front 55

What happens at common law if the defendant subjectively but unreasonably believed that s/he was under attack and uses the defense of self-defense?

Back 55

Approach A: Deny the use of the defense, since the belief was unreasonable

Approach B: Allow the use of the defense to reduce the charge from murder to manslaughter

Front 56

What is the rule for the defense of defense of property?

Back 56

Reasonable, non-deadly force can be used to defend property, but deadly force cannot be used to protect property interests alone

Front 57

What is the common law approach to an officer's use of force in making an arrest?

Back 57

1. The officer may use all the force that was necessary, including deadly force, if it was reasonably necessary to effectuate the arrest of a fleeing felon.

2. The officer may use all force necessary, excluding deadly force, to effect the arrest of a fleeing person who had committed a misdemeanor.