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110 Cards in this Set

  • Front
  • Back
Sources of Criminal Law (3)
- CL
- Model Penal Code
- Maj State rule
Essential Elements of Crime (4)
- physical act
- mental state
- causation
- concurrence
Inchoate Offenses (3)
- solicitation
- attempt
- conspiracy
Defenses (6)
- insanity
- intoxication
- infancy
- self defense
- duress
- entrapment
What std must a prosecutor meet to disprove an affirmative defense?
beyond reasonable doubt
How long a sentence is needed for a crime to be classified as a felony?
Greater than 1 year
Movements not considered "acts" (3)
- anything not a product of actor's volition (being thrown)
- sleepwalking or unconscious
- reflex/convulsion
Omissions Rule (GR)
in some limited situations a failure to act may be the basis for criminal liability
Three parts of omission rule
- legal duty
- knowledge of the facts giving rise to the duty
- ability to help
How to establish legal duty (5)
- statute
- contract
- voluntary assumption of care
- creation of peril
- status relationship (parent-child, spouse-spouse only)
Two elements of Possession
- control for a period of time long enough to have an
- opportunity to terminate the possession
Constructive Possession
dominion and control
Common Law Mental States (4)
- specific intent
- malice
- general intent
- strict liability
11 Specific Intent Crimes
- assault
- 1st deg premeditated murder
- larceny
- embezzlement
- false pretenses
- robbery
- forgery
- burglary
- solicitation
- conspiracy
- intent
Definition of Malice
when an actor acts intentionally or with reckless disregard of an obvious or known risk
Common Law Malice Crimes (2)
- murder
- arson
Definition of General Intent
the D need only be generally aware of the factors constituting the crime; he need not intend a specific result
General Intent Crimes (4)
- battery
- rape
- kidnapping
- false imprisonment
Definition of Strict Liability
when a crime requires simply doing the act; no mental state is needed
Two types of strict liability crimes
- statutory rape
- public welfare (selling alcohol to a minor, etc)
Mistake of Fact - Specific Intent
any mistake (even an unreasonable one) will be a defense
Mistake of Fact - General Intent/Malice
only a reasonable mistake will be a defense
Mistake of Fact - Strict liability
a mistake will never be a defense
Reasonable Mistake - Defense
will be a defense to any crime except strict liability
Unreasonable Mistake - Defense
will be a defense only to specific intent crimes
Under what case will mistake of law be a defense?
if the statute specifically makes knowledge an element of the crime
MPC Mental States (5)
- purposely
- knowingly
- recklessly
- negligently
- strict liability
MPC Mistake of Fact Doctrine
mistake of fact will be a defense if the mistake negates the required mental state
Causation for Criminal Liability (2)
- but for
- proximate
Proximate Causation Rule
D is a proximate cause if the bad result is a natural and probable consequence of the D's conduct
Key concept for proximate causation (2)
- fairness
- foreseeability
Concurrence (GR)
D must have mental state at the time of the act
Battery Definition (GI)
unlawful application of force to another resulting in either bodily injury or offensive touching
Assault Definition (SI)
- attempted battery
- intentional creation other than by mere words of a reasonable fear in the mind of the victim of imminent bodily harm
Year and a Day Rule
CL: death must occur within a year and day of a homicidal act
MPC: death may occur any time
Definition of Murder
causing the death of another with malice aforethought
"Malice Aforethought" (4)
- intent to kill
- intent to inflict great bodily harm
- abandoned and malignant heart
- felony murder
Deadly Weapon Rule
intentional use of a deadly weapon creates an inference of an intent to kill
Rule of Transferred Intent
if a D intends to harm one victim, but accidentally harms a different victim, the D's intent will transfer to the actual victim (does not apply to attempts)
Statutory Variation of First Degree Murder (2)
- premeditation
- deliberation
Definition of Voluntary Manslaughter
an intentional killing committed in the heat of passion after adequate provocation which would arouse a sudden and intense passion in the mind of a person, and the D did not have time to cool off
Are "words along" adequate provocation?
no
Definition of Involuntary Manslaughter
a killing committed with criminal negligence or a killing committed during a crime if it is not a felony
Definition of Felony Murder
any killing during the commission of or attempt to commit a felony
Limitations on Felony Murder (7)
- D must be guilty of felony
- felony must be inherently dangerous
- felony must be separate from killing
- killing must be during the felony or during immediate flight
- killing must be in furtherance of felony
- death must be foreseeable
- victim must not be co-felon
Vicarious Liability in Felony Murder
In one co-felon causes death, all are guilty - this is true even if killing was done by 3P
MPC Murder Types (3)
- intent to kill
- extreme reckless
- felony murder
MPC Felonies eligible for felony murder rule (6)

B-R-A-K-E-S
- burglary
- robbery
- arson
- kidnapping
- escape
- sexual assault
MPC Manslaughter (2)
- intentional
- unintentional (reckless)
MPC Criminally Negligent Murder
D should have known about a substantial and unjustifiable risk
Elements of False Imprisonment (3) (GI)
- unlawful
- confinement of a person
- without consent
Elements of Kidnapping (2) (GI)
- false imprisonment
- involving moving the victim or concealing the victim in a secret place
Aggravated Kidnapping (3)
- to collect ransom
- to commit robbery or rape
- victim is a child
Elements of Forceable Rape (3) (GI)
- sex
- without victim's consent
- accomplished by force, threat of force, or when victim is unconscious
Elements of Statutory Rape (2) (Strict Liability)
- sex
- with someone under the age of consent
Definition of Larceny
the trespassory taking and carrying away of the personal property of another, with the intent to steal
Erroneous Takings Rule
taking under a claim of right is never larceny
Continuing Trespass
if a D wrongfully takes property, but without intent to steal and later forms the intent to steal, the initial trespassory taking is considered to have continued and will allow larceny to attach
Definition of Embezzlement (SI)
conversion of the personal property of another by a person already in lawful possession of that property with the intent to defraud
Key difference between larceny and embezzlement
D must already have lawful possession of the property before a taking can be considered embezzlement
Possession v. Custody
possession involves more than mere custody, it requires authority to exercise some discretion over the property
Definition of False Pretenses
obtaining title to the personal property of another by an intentional false statement with the intent to defraud
False Pretenses v. Larceny
in larceny the D gets only possession; in false pretenses, the D gets title
May the false statement be a future promise?
no
Definition of Larceny by Trick
if the D obtains only possession (not title) as a result of the intentional false statement, the crime is larceny by trick
Elements of Robbery (3) (SI)
- larceny
- from another's person or presence
- by force or threat of immediate injury
Threats - immediate injury
robbery
Threats - future injury
extortion
Threats - embarassment
blackmail
Elements of receipt/possession of stolen property (3) (SI)
- receiving possession
- of stolen property
- with knowledge it was stolen
Forgery

Intent to defraud
making or altering a writing so that it is false
Uttering

Intent to defraud
offering as genuine a forged instrument
Malicious Mischief

Malice
destroying or damaging someone else's property
Elements of Burglary (6) (SI)
- breaking
- entering
- dwelling
- of another
- at night
- intent to commit a felony inside
Common Law Arson (Malice)
the malicious burning of a building
Principal
person who commits the crime
Accomplice (SI)
person who aids or encourages the principal
Scope of Accomplice Liability (2)
- all crimes aided and encouraged
- all other foreseeable crimes
Unprosecuted Principal Rule
if the principal is not prosecuted of has an individual defense (e.g., insanity) the accomplice is still guilty
Does mere presence make someone an accomplice?
no
Does mere knowledge make someone an accomplice?
no
Effective Withdrawal for an Encourager
discourage
Effective Withdrawal for Aider
neutralize the assistance or prevent the crime
Elements of Accessory After the Fact (CL) (3)
Defendant must
- help a principal who has committed a felony
- with knowledge that the crime has been committed, and
- with the intent to help the principal avoid arrest or conviction
Other terms for accessory after the fact (3)
- obstruction of justice
- harboring a fugitive
- hindering prosecution
Three inchoate Offenses
- solicitation
- conspiracy
- attempt
Solicitation (SI)
asking someone to commit a crime with the intent the crime be committed
Conspiracy (SI)
an agreement between 2 or more people to commit a crime, plus an overt act in furtherance of the crime
Can you have ONE person Conspiracy? CL? MPC?
CL - no
MPC - yes
Vicarious liability for conspiracy (2)
liable for crimes committed that
- were in the furtherance of the conspiracy's objective, and
- were foreseeable
Attempt (MPC) (SI)
substantial step towards the crime and strongly corroborative of a criminal purpose
Attempt (CL) (SI)

Dangerous Proximity Test
conduct that gets dangerously close to the commission of the crime
Is it possible to attempt malice, general intent, or strict liability crimes?
yes
Factual Impossibility
the claim that it was impossible to complete the crime because of some circumstance beyond the D's control

NOT a defense
Legal Impossibility
the claim that it was impossible to complete the crime because what the D was trying to do was NOT illegal

Legal Impossibility IS a defense to attempt
Withdrawal
Renunciation
Abandonment (CL)
not a defense, but the D will no longer be vicariously liable for crimes committed by his co-conspirators
Withdrawal
Renunciation
Abandonment (MPC)
D voluntary and completely renounces the solicitation, conspiracy, or attempt and the renunciation is based on a "change of heart" and not a fear of failing or being caught
Rule of Lesser Included Offenses
a "lesser included offense" is an offense that is necessarily part of the greater offense
Merger of Solicitation, attempt, conspiracy
- solicitation and attempt merge with the completion of the crime
- conspiracy does not
Capacity Defenses (3)
- insanity
- incompetency
- intoxication
Four different insanity tests
- M'Naughten
- Irresistible impulse
- Durham
- MPC
M'Naughten Test
- did not know the act was wrong OR
- did not understand the nature of his act
Irresistible Impulse Test
- unable to control actions OR
- unable to conform conduct to law
Durham Test
- D's conduct was the product of his mental illness
MPC Test
lacked the substantial capacity to either
- appreciate the criminality of his conduct OR
- conform his conduct to the law
Insanity v. Incompetency
Insanity
D was insane at Time of Crime
If yes, then not guilty

Incompetency
whether D is insane at time of trial
if yes, postpone trial
Can involuntary intoxication be a defense to any crime?
yes - must be involuntary
When can voluntary intoxication be a defense?
- can e a defense to SI crimes, if the intoxication prevents the D from forming the SI
- cannot be a defense to malice, GI, or strict liability crimes
Infancy - Rule of 7's
< 7 (prosecution not allowed)
> 7 < 14 (rebuttable presumption against prosecution)
>= 14 (prosecution allowed)
MPC Infancy Rules (2)
- less than 16 (juvenile court)
- 16, 17 (criminal prosecution allowed if approved by juvenile court)