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

1/95

Click to flip

95 Cards in this Set

  • Front
  • Back
Actus Reus (physical part)
The actus reus are the elements of a crime that descibe the actions that the defendant performs or the results brought about by his actions
Affirmative Action
1) volitional acts
2) unconscious acts, generally no liability unless
a) gross negligence
b) mental disease
c) voluntary intoxication
Negative Action
Defendant is not liable for the occurence of an actus reus for failing to act to prevent injury to or the death of a victim.
Exceptions:
1) special relationship
2) duty upon statute, contract, voluntary assumption of care, creation of peril, landowner, duty to control conduct of others
Mens Rea (Mental part)
Elements of a crime which requires particular mental state at the eime of the proscribed crime
Postive factor
Requires particular mental state at the tiem of the proscribed crime
Negative factor
Absence of exculpating factors
State of Mind (Specific Intent)
Solicitation, attempt, conspiracy, theft crimes
An actual intent or purpose to do the prohibited action of the particular crime
General Intent
Rape, battery
General intent consists of the volitional doing of a prohibited act. According, the only state of mind required is an intent to commit the act constituting the crime. General intent need not be specifically proven but can be inferrred from the facts that the defendant engaged in the proscribed conduct
Strict liability
Bigamy/statutory rape
In these crimes only an action no mental state needs to be proven
Willful/wanton misconduct (murder)
As a general rusel these crimes need show only that there was the mental state of recklessness
Criminal Negligence (involuntary manslaughter)
An objective (reasonable person) test is all that is required to prove this mental state. Thuse for involuntary manslaughter, the killing accidental hut a reasonmable person should have known of the subtantial likelihood that death would occur.
Malice (Murder/arson/mayhem)
Malice is satisfied by recklesness of the defendant.
Knowledge/willfulness (receiving stolen property)
Knowledge requires that the defendant subjectively beleived he was doing the proscribed action and is satisfied even if the defendant was hoping he was wrong
Transferred intent
The defendant's intent will be transferred from the intended object or person to the object or person actually injured and criminal liability will follow.
Model Penal Code
1) Purposely - D does an act with the conscious object of causing the criminal result (subjective)
2) Knowingly - D does an act consciously aware of the fact that the criminal result is practically certain (subjective)
3) Recklessly - D is consciously aware of the fact that the act creates a substantial and unjustified risk that a criminal result will occur (Subjective)
Model Penal Code (continued)
4) Negligence - D creates an unreasonable risk that a criminal result will occur (objective)
Accomplice liability (Common law)
1) actual perpetrator
2) at the scene aider
3) pre crime aider
4) post crime aider
Accomplice where misdemeanor involved
1) all parties treated as principals
2) post crime aider not recognized
Accomplice where felony involved
1) perpetrator - principal in the 1st degree
2) at the scene aider - principal in the 2nd degree
3) Pre-crime aider - Accessory befor the fact
4) post crime aider - accessory after the fact
Accomplice Modenly
All roles termed accomplice
Accomplice guity
1) did D encourage or facilite offense?
2) Affirmative conduct required incited or abetted
3) accessory liability even if crime not completed
Scope of Accomplic liability
1) Common law - liability to extend to all probable consequences (foreseeability)
2) Minority rule - MPC - liability limited to contemplated (intended) crimes (those crimes of the perpetrator that D incited)
Withdrawal
1) mut be effectively and timely communicated to all other parties
2) MPC permits if D prevents commission of crim (notification of law enforcement)
Solicitation
Intent to induce another to commit a crime

Mergers with an attempt, conspiracy, or target offense

Withdrawal no effect to the soliciatioon but will avoid accomplice liability
Attempt
A substantial act towards perpetration of an intended crime.

Specific Intent

Withdrawal - Majority no effect if zone of perpetration entered; MPC allowed if voluntarily and successfully abandoned

Impossibility - Defense
1) Factual - D intends and acts to violate law but unknown facts make result impossible

2) Legal - D's conduct even if carried out would not constitute a crime
Special Approach (SLAP)
1) Specific Intent
2) Legal (no attempt) v. Factual impossibility (attempt)
3) Apparent liability
4) Preparation v. Perpetration
Conspiracy
An agreement between two or more persons to committ an unlawful act.

1) Intent - intent to agree/intent to accomplish objective

2) no merger with target crime

3) withdrawal - C/L and majority - No; MPC look for complete abandonment
Pinkerton Rule
Each member of a conspiracy is chargeable with all crim in furtherance of or the natural and probable consequences of the unlawful act (foreseeable) it may be easier to understand this concept in terms of mental state each member of the conspiracy is reasonale for actions of co-conspirators of which they have knowledge with the intent that these additional crimes may occur
Wharton Rule
No conspiracy ang guilt of the target crime if crime requires two parties (adultry, etc) .
Can a female conspire to commit statutory rape?
Female cannot conspire to committ statutry rate (since she is the beneficiary or purpose of the crimes existence)
Model Penal Code (continued)
4) Negligence - D creates an unreasonable risk that a criminal result will occur (objective)
Accomplice liability (Common law)
1) actual perpetrator
2) at the scene aider
3) pre crime aider
4) post crime aider
Accomplice where misdemeanor involved
1) all parties treated as principals
2) post crime aider not recognized
Accomplice where felony involved
1) perpetrator - principal in the 1st degree
2) at the scene aider - principal in the 2nd degree
3) Pre-crime aider - Accessory befor the fact
4) post crime aider - accessory after the fact
Accomplice Modenly
All roles termed accomplice
Accomplice guity
1) did D encourage or facilite offense?
2) Affirmative conduct required incited or abetted
3) accessory liability even if crime not completed
Scope of Accomplic liability
1) Common law - liability to extend to all probable consequences (foreseeability)
2) Minority rule - MPC - liability limited to contemplated (intended) crimes (those crimes of the perpetrator that D incited)
Withdrawal
1) mut be effectively and timely communicated to all other parties
2) MPC permits if D prevents commission of crim (notification of law enforcement)
Solicitation
Intent to induce another to commit a crime

Mergers with an attempt, conspiracy, or target offense

Withdrawal no effect to the soliciatioon but will avoid accomplice liability
Attempt
A substantial act towards perpetration of an intended crime.

Specific Intent

Withdrawal - Majority no effect if zone of perpetration entered; MPC allowed if voluntarily and successfully abandoned

Impossibility - Defense
1) Factual - D intends and acts to violate law but unknown facts make result impossible

2) Legal - D's conduct even if carried out would not constitute a crime
Special Approach (SLAP)
1) Specific Intent
2) Legal (no attempt) v. Factual impossibility (attempt)
3) Apparent liability
4) Preparation v. Perpetration
Conspiracy
An agreement between two or more persons to committ an unlawful act.

1) Intent - intent to agree/intent to accomplish objective

2) no merger with target crime

3) withdrawal - C/L and majority - No; MPC look for complete abandonment
Pinkerton Rule
Each member of a conspiracy is chargeable with all crim in furtherance of or the natural and probable consequences of the unlawful act (foreseeable) it may be easier to understand this concept in terms of mental state each member of the conspiracy is reasonale for actions of co-conspirators of which they have knowledge with the intent that these additional crimes may occur
Wharton Rule
No conspiracy ang guilt of the target crime if crime requires two parties (adultry, etc) .
Can a female conspire to commit statutory rape?
Female cannot conspire to committ statutry rate (since she is the beneficiary or purpose of the crimes existence)
Homicide
Killing of a human being by another being
Homicide caustion
D's act mut be the actual cause and proximate cause of the criminally proscribed act.
Homicide causation approach
1) Cause in fact
2) direct
3) indirect
4) dependent
5) independent
6) foreseeable
7) unforeseeable
Murder
Unlawful killing of a human being committed with malice aforethought
Malice
Mens rea
1) intent to kill or
2) intent to cause serious bodily harm or
3) wanton and reckless conduct "depraved heart "
4) FMR
Felony Murder Rule
Any homicide committed in the perpetration of an inherently dangerous felony
1) MARRMA/KSS - burglary, arson, rape, robberty, mayhem, kidnapping, sodomy, sexual molestation
2) attempted BARRM/KSS
3) Felony must be collateral to the homicide
4) Zone of perpetration
First degree murder
Specific intent to kill plus premeditation/deliberation
1) permeditation requires some thought about the killing prior to the act, one on which the defendant has reflected
2) deliberation requires that the act of the defendant be cold-blooded not implusive
Second degree murder
1) all murder which is not murder in the first degree
2) wanton conduct may equate to murder though not felony murder (gun battle)
Justification (defense)
1) self defense
2) defense of others
3) defense of property
4) pevention of crime
5) necessity
Excuse Insanity
1) M'Naghten
2) Irresistible impulse
3) MPC
4) Durham Rule
M'Naughten
Right wrong test. Because of mental disease D did not know what he did was morally wrong or did not know the nature/quality of act
Irresitibile Impulse
Inability to control conduct
MPC
Substantial capacity test. Due to a mental disease or defect in the reasoning, the defendant lacks the substantial capacity to conform his conduct to the law or appreciate the wrongfulness of his conduct
Durham Rule
Was crime product of mental illness
Diminished capacity
Negates specific intent
1) limited to specific intent crime where recognized
Infancy at common law
0-6 - incapacity to commit the crime

7-14 - rebuttable presumption

over 14 - juvenile/adult
Intoxication - involuntary
1) involuntary - equivalent to mental illness
1) slipped a micky
b) unexpected reaction to medicine
c) force to injest via threat/duress
Intoxication -voluntary
No excuse unless specific intent crime involved, and drunkenness degates that intent
Voluntary Manslaughter (mitigation)
Intential criminal homicide with malice (mitigated)
1) heat of passion - adequate provocation which would cause a reasonable man to lose his mind self control
Involuntary Manslaughter
Unintentional homicide without malice.
1) malum in se:misdemeanor (assult, battery, larceny)
2) Ciminal nelgience - mor than ordinary but less then wanton
3) intent to inflict non-serious bodily harm
Battery
The unlawful application of force to another's person (general intent)
Assualt
1) Common Law - attempted battery but offense not completed
2) modern law - assault with intent to create apprehension
3) Modern law - aggravated assault - assault with intent to accomplish another crime against the person (rob, rape)
Rape
An act of sexual intercourse accomplished with a person not the spouse of the perpetrator without consent

Common law - unlawful carnal knowledge of a woman against her will
Mayhem
The malicious maiming or disfiguring of another
False imprisonment
Unlawful detention or confinemtn of another
Kidnapping
The intentional and unlawful movement of anther
Burglary
The breaking and entering the dwelling house of another in the nightime with the specific intent to commit a felony therein (larceny will suffice)
Breaking
owner consent/scope
Constructive breaking
internal breaking
breakout theroy
Dwelling
Occupied for sleeping/curtilage
Modernly a public building with the intent to commit a felony during open hours will suffice
Arson
Malicious burning of the dwelling house of another
1) burning must be charring
2) malice - reckless/wanton conduct
3) leased house is dwelling of tenant
Larceny
Trespassory taking and carrying away of personal property of another with intent to permanently deprive
Larceny special principles
1) abandoned property = no
2) lost/mislaid property - clues of ownership?
3) larceny by conversion
4) continuing trespass - specific intent formed subsequent to taking
Larceny by trick
Fraud to obtain possesion not title (borrow victim's property, cheating at cards)
Breaking Bulk Doctrine
Contents belong to owner through constructive possession - thus baliee who breaks in in guility of larceny
Embezzlement
Faudulent conversion of rightfully entrusted personal property
False Pretenses
Obtaining title by means of false representation of past or existing fact
1) specific intent: misreprenstaion must be known to be faluse and intentionally result in permanent deprivation
2) fale statement regarding further services is not false pretenses
Robbery
Larceny from the person or immediately presence of victim by means of force or fear or violence or intimidation
Armed robbery
requires the defendant to be armed and dangerous or deadly weapon
Receiving stolen property
Receiving of property knowning it to be stolen
D must have knowledge (subjective) plus the intent to permamently deprive owner of possession
Forgery
The fraudulent making or alterning of a writing with intent to defraud or deceive
Uttering
Offering as geniune an instrument known to be faluse with intent to defraud
Extortion
Obtaining property from another with consent by means of intimidation which is of a lesser degree than that required for robbery
Misprision
Concealment and nondisclosure of the known felonious conduct of another
Breach of the peace
any willful act which unreasonably disturbs the pubic peach
malicious mischief
malicious infliction of injury uon the property of another
Mistake of Fact
Did D lack the mens rea required for the crime
1) reasonable person rule
2) specific intent crimes do not require that the mistake be reasonable
Mistake in law
Allows defense
1) D reasonably relieed upon official interpretation of law which was later declared invalid
Duress
1) threat of harm must be imminent
2) no reasonable opportunity to escape
3) valide defense for all crimes except: FMR
Consent of victim
1) was it voluntary
2) legal capacity
3) free from gross fraud
Entrapment
Majority - innocent v. predisposed to commit crime
Minority - look to police activity / likihood to induce commission of crime