Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/57

Click to flip

57 Cards in this Set

  • Front
  • Back
Define "purposely" according to the MPC
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.
Common law definition of murder
The unlawful killing of a human being with malice aforethought.
Malice aforethought can be established with any one of the following states of mind:
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
Two types of first degree murder in the state statutory model
1. Premeditated and deliberate killing of a human being

2. Felony Murder: the killing of a person during the commission of a dangerous felony
Under the state statutory model, second degree murder is either all murder not covered under the first degree murder statute or...
Either:

1. Homicide with an intent to cause serious bodily harm

2. Homicide with a depraved indifference to the value of human life
Common law definition of manslaughter
The unlawful killing of a human being without malice aforethought
Most common manslaughter situations (common law)
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
MPC wording for "heat of passion / provocation"
"extreme mental or emotional disturbance for which there is a reasonable excuse"
What idea is employed when dealing with the reckless killing of a human being?
Criminal negligence
To what extent is the misdemeanor manslaughter rule used today?
It is no longer recognized by a number of jurisdications; some states limit its application to only certain misdemeanors
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?"
The jury decides:

1. Whether or not there was an extreme emotional disturbance

2. Whether there was a reasonable excuse
when determining the reasonableness of his/her excuse in a manslaughter case, can the jury take into account the unique characteristics of the defendant?
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
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
Negligent homicide (under the state statutory model only)
Common law definition of rape
Forced sexual intercourse by a man on a woman not his spouse without consent.
Define statutory rape
The situation in which the victim participates willingly, but s/he is under the age of consent, which varies but is usually 16.
Common law definition of battery
The unlawful application of force to the person of another, resulting in physical harm or an offensive touching
Mental state required for criminal battery
recklessness
Characteristics of modern battery statutes
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
Common law definition of assault
Either:

1. Attempted battery
2. Intentionally placing a victim in fear of harm
Mental state required for criminal assault
specific intent
What results when assault is committed in conjunction with battery or robbery (in the same act)?
The doctrine of merge and the principle of double jeapordy apply and the defendant cannot be found guilty of both crimes
What is the MPC approach to assault?
The term "assault" is used to cover both common law assault and common law battery; there is not a separate battery offense
Common law definition of larceny
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
Common law definition of embezzlement
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
Common law definition of Obtaining Property by False Presenses
When a person obtains both title and possession of the property of another through lies
If a thief gains possession of property through lies but does not obtain title, what is the crime?
Larceny
Common law definition of robbery
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
When is an act the proximate cause of a prohibited result?

(common law)
An act is the proximate cause of all the natural and probable consequences of the act.

(this definition produced chaos)
When is an act the proximate cause of a prohibited result?

(MPC)
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."
What is the common law and currently most common approach to when a fetus is considered a human being?
The fetus must be "born alive"
What is "aggravated robbery"
A state statutory designation for robbery when a weapon is used
Common law definition of burglary
The breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony inside.
What is the "dwelling house of another" in the context of common law burglary?
Any structure customarily used for sleeping, whether or not someone was sleeping inside at the time
What is "nighttime" in the context of common law burglary?
The time of day during which you could not see the villain's features with natural light
When is the crime of burglary complete?
At the time of entry. The defendant can be separately charged for subsequent crimes (e.g. larceny)
Common law definition of arson
The malicious burning of the dwelling house of another
What is the mental state required for arson?
Arson is a malice crime, not a specific intent crime. Therefore, either intention or extreme recklessness will suffice
Is intoxication a valid defense to arson?
No
Is mistake a valid offense to arson?
Only if it is a reasonable mistake
At common law, what kind of damage is required for arson?
The damage must be done by fire, and some charring of the structure is required. Mere smoke damage will not suffice.
What is the McNaughton Test?
At the time of the crime, was the defendant so mentally ill that he did not know right from wrong?
What makes the determination as to whether or not a defendant is mentally ill?
The jury.
What is the MPC approach to the defense of mental illness?
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
What is the result when the jury finds that the defendant is not guilty by reason of insanity?
Commitment to a state mental hospital until he is no longer mentally ill and dangerous - this can be forever
What is the defense of diminished capacity / partial insanity?
Where the defense claims that the defendant was unable to form the necessary mental state for the crime
What limitations do some states place on the diminished capacity / partial insanity defense?
Some allow it only for specific intent crimes

Some states completely reject this defense, arguing that it is too complex for the jury
How did the common law treat the defense of voluntary intoxication?
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
What is the MPC approach to the defense of voluntary intoxication?
It can be used as a defense to crimes requiring a purposeful or knowing state of mind
What was the common law approach to the defense of youth?
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
Definition of the rule for self-defense
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
When does an original aggressor lose his/her right to self-defense?
Always: if they originally intended to cause death or serious injury

Sometimes: always if they are the original aggressor
What are the three approaches to the original aggressor rule when the original aggressor intends less than serious injury?
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
What is the retreat rule in jurisdictions that require retreat? (common law)
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.
What is the MPC approach to the defense of self-defense?
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
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?
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
What is the rule for the defense of defense of property?
Reasonable, non-deadly force can be used to defend property, but deadly force cannot be used to protect property interests alone
What is the common law approach to an officer's use of force in making an arrest?
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.