Criminal Law And Procedure

Front 1

Essential Elements of a Crime

Back 1

1) Physical Act (any voluntary bodily movement)

2) Omission when there's a duty to act

3) Mental State

Front 2

Types of mental states for criminal acts

Back 2

1) Specific Intent
2) Malice
3) General Intent
4) Strict Liability

Front 3

Elements of Accomplice Liability

Back 3

1) Actively aiding, abetting, assisting/consenting to the commission of a crime.

2) Liable for: Crime itself and all other forseeable crimes

Note: No accomplice liability for simply being present

Front 4

Elements of Solicitation

Back 4

Solicitation:
1) Asking someone to commit a crime (this constitutes whole crime).

Note: it becomes CONSPIRACY if someone agrees to commit it (solicitation then MERGES w/conspiracy).

Front 5

Elements of Conspiracy

Back 5

1) Agreement between 2 or more people

2) Intent to Agree

3) Intent to achieve unlawful purpose

4) Overt Act in furtherance of the conspiracy

Front 6

Liability of Conspirators

Back 6

Liable for all crimes committed by co-conspirators if they are:

1) in furtherance of the conspiracy and
2)foreseeable

Front 7

Withdrawal Defense for Conspiracy

Back 7

Must Communicate to co-conspirators intent to withdraw.

But, can never withdraw from liability for conspiracy itself -- Withdrawal only immunizes D from liability for subsequent crimes of other co-conspirators

Front 8

Elements of Attempt

Back 8

1) Specific Intent to commit a crime
2) Substantial step beyond mere preparation

Front 9

Defenses to Specific Intent Crimes

Back 9

1) Insanity
2) Voluntary intoxication
3) Infancy
4) Self-Defense
5) Mistake of Fact
6) Duress
7) Defense of Chattels

Front 10

Insanity -- McNaughton Test

Back 10

At the time of his conduct, D lacked the ability to know the wrongfulness of his action or understand the nature and quality of them

Front 11

Insanity -- Irresistible Impulse Test

Back 11

D Lacked capacity for self-control or free choice

Front 12

Insanity -- McDurham Rule

Back 12

D’s conduct was a product of mental illness

Front 13

Insanity -- Model Penal Code

Back 13

D lacked ability to conform his conduct to requirements of law

Front 14

Insanity -- Involuntary Intoxication

Back 14

Must be drugged or forced to take drugs.
Form of insanity

Front 15

Voluntary Intoxication

Back 15

ONLY a defense to SPECIFIC intent crimes.

Front 16

Infancy Defense

Back 16

Under 14 years old:
Rebuttable presumption of no criminal liability.

Under 7 years old:
NO criminal liability.

Front 17

Self Defense

Back 17

Use of Non-Deadly Force:

Victim can use non-deadly force in self-defense anytime he reasonably believes force is going to be used against him.

Use of Deadly Force:
Majority Rule:
Victim can use deadly force in self-defense anytime he reasonably believes that deadly force is going to be used against him.

Front 18

Defense of Chattels

Back 18

Non-deadly force to defend property if wrongfully taken and in immediate pursuit.

BUT deadly force may NEVER be used solely to defend your property

Front 19

Duress Defense

Back 19

Duress involves a human threat forcing one to commit a crime

Duress is a defense on the bar exam to all crimes except homicide

Front 20

Mistake of Fact Defense

Back 20

1) Specific Intent Crimes -- ANY mistake negates intention (is a defense)

2) Malice and General Intent Crimes -- Only REASONABLE mistakes are a defense

3) Strict Liability -- No mistake defense

Front 21

Consent Defense

Back 21

Consent of victim is almost NEVER a defense in this country

Front 22

Entrapment Defense

Back 22

1) Criminal design originated w/law enforcement officers and
2) Not predisposed

Note: VERY narrow and almost never available.

Front 23

Elements of Battery

Back 23

Unlawful application of force resulting in bodily injury or offensive touching

Battery is simply a completed assault (general intent)

Front 24

Elements of Assault

Back 24

Specific Intent: attempted Battery

General Intent: Threat (apprehension of imminent bodily harm + more than words)

Front 25

Common Law Murder

Back 25

1) Victim is Human and Dead

2) Intent to commit murder or to do serious bodily harm

Alternatives:
Highly Reckless Murder (Depraved Heart):

Intentional performance of an act entailing the substantial likelihood of causing death.

Felony murder

Front 26

Voluntary Manslaughter

Back 26

Provoked killing.
REQUIRES PASSION

Front 27

Involuntary Manslaughter

Back 27

Criminally negligent homicide

Misdemeanor Manslaughter:
Killing someone when committing a misdemeanor or unenumerated felony

Front 28

Felony Murder

Back 28

1) Liable for deaths caused during commission of enumerated felonies

2) Underlying felony must be something OTHER than murder

3) Death must be foreseeable (Note: Deaths caused while fleeing the scene are felony murders)

Front 29

Elements of Larceny

Back 29

1) wrongful taking and carrying away of

2) another’s property (slight motion qualifies)

3) w/SPECIFIC intent to deprive permanently of property w/o consent

Front 30

Embezzlement

Back 30

Embezzler always has lawful possession but engages in illegal conversion.

Note: Has possession, not title