Criminal Law - Crimes

Front 1

Define homicide

Back 1

The killing of a living human being by another human being

Front 2

3 types of homicide on the MBE

Back 2

(1) First degree murder (will be told if it's 1st degree murder on the MBE),

(2) Common law murder,

(3) Manslaughter

Front 3

Causation required for homicide conviction

Back 3

Actual causation: The victim would not have died "but for" what the defendant did

Proximate causation: The defendant's act foreseeably caused the victim's death

Front 4

Define common law murder

Back 4

The unlawful killing of another human being, committed with malice aforethought

Defenses DO NOT include unreasonable mistake of fact or voluntary intoxication

Front 5

4 kinds of malice aforethought

Back 5

(1) Intent to kill,

(2) Intent to inflict serious bodily harm,

(3) Depraved heart,

(4) Felony murder

Front 6

Malice aforethought - intent to kill

Back 6

The defendant acted with the desire that the victim end up dead.

Intent need not be pre-meditated - it can be formed in a second

Front 7

Malice aforethought - intent to inflict serious bodily injury

Back 7

Even though there is a lack of an intent to actually kill someone, if someone intends to inflict a serious bodily harm on someone and ends up killing them, instead, they can be convicted for murder

Front 8

Malice aforethought - Depraved heart

Back 8

A killing that results from reckless indifference to an unjustifiably high risk to human life

Front 9

Malice aforethought - felony murder

Back 9

An unintended killing that is proximately caused during the commission or attempted commission of an inherently dangerous felony

Front 10

Felony murder - Inherently dangerous felonies

Back 10

(1) Burglary,

(2) Arson,

(3) Rape,

(4) Robbery,

(5) Kidnapping

"BARRK"

Deaths caused by other felonies are involuntary manslaughters

Front 11

Felony murder - potential victims

Back 11

Majority: Resistors and bystanders killed by the felons

Minority: Resistors and bystanders killed by anyone

NEVER INCLUDES co-felons

Front 12

Define manslaughter

Back 12

All unlawful killings of another human being that are not first degree or common law murder. Can be voluntary or involuntary

Front 13

Define voluntary manslaughter

Back 13

A murder committed in response to adequate provocation, such as "in the heat of passion," or "under extreme emotional disturbance"

Front 14

Define involuntary manslaughter

Back 14

A killing done while the defendant was criminally negligent, or a killing done while the defendant was committing a crime other than those covered by felony murder

Front 15

Define larceny

Back 15

The taking of another's property without his consent and with the intent to deprive him of it permanently

Front 16

Larceny - appropriate types of property

Back 16

Larceny can only be for tangible personal property, not real property or intangible personal property, like copyrights

Front 17

Larceny - define "taking"

Back 17

Any movement of property from one place to another, even if done through an agent

Front 18

Larceny - necessary lack of consent

Back 18

Any consent necessary to avoid larceny must be real, and not obtained through force or fraud

Front 19

Larceny - intent to permanently deprive

Back 19

Satisfied (larceny committed) when:

- Intent is present at the time of the taking

- Defendant has change of heart and returns items

- Defendant intends to create a substantial risk of loss of the property, or intends to sell it back to owner

Not satisfied (no larceny) when:

- Defendant intends to borrow or pay for item, and can in fact do so

- Defendant honestly believes it is entitled to property to satisfy a debt owed

Front 20

Define larceny by trick

Back 20

Obtaining possession of property owned by another through fraud or deceit, and with the intent to deprive him of it permanently

Front 21

Define forgery

Back 21

The fraudulent making of a false writing, with apparent legal significance, with the intent to defraud

Front 22

Define embezzlement

Back 22

Fraudulent conversion of the property of another by the person who is in lawful possession of the property

Front 23

Define false pretenses

Back 23

Obtaining title to someone else's property through an act of deception

Front 24

Define robbery

Back 24

Larceny + Force + Presence of the victim

Front 25

Robbery - Define presence of victim

Back 25

On the victim's person or within the victim's reach or control

If victim is restrained in their home prior to the taking of the property, then anything inside the house is within the victim's presence

Front 26

Robbery - Define force

Back 26

More force than what would be necessary to take and carry away the property, or a threat of immediate serious physical injury

Front 27

Define extortion

Back 27

The taking of money or property from another by threat

Threat does not have to be of immediate harm, or even physical harm, and the property need not be in the presence of the victim

Front 28

Define burglary (common law)

Back 28

Breaking and entering into the dwelling of another, at night, with the intent to commit a felony therein

Front 29

Define burglary (modern law)

Back 29

Breaking and entering into the property of another with the intent to commit a felony inside

Front 30

Burglary - Define "breaking"

Back 30

Using force to create an opening into a dwelling. The force can be slight, but does not include entering through an open door or window, unless they must be opened slightly to get inside

Breaking can be done by fraud or threat, unless there was consent by the owner

Front 31

Burglary - Define "entering"

Back 31

Crossing into the dwelling of another without the owner's permission with any portion of the defendant's body or an instrument used by the defendant

Front 32

Define arson

Back 32

The malicious burning of the dwelling of another

Front 33

Arson - Define "burning"

Back 33

There must be fire damage (not just smoke damage, or damage caused by an explosion) to the structure of the building

Front 34

Define battery

Back 34

The unlawful application of force to the person of another, and which causes bodily harm to that person or constitutes an offensive touching

Front 35

Define assault

Back 35

An attempt to commit a battery, or intentionally placing another in fear of imminent harm

Front 36

Define kidnapping

Back 36

The unlawful confinement of another person, against that person's will, coupled with either the movement or the hiding of that person

Front 37

Define false imprisonment

Back 37

The unlawful confinement of a person, without their consent

Front 38

Define rape

Back 38

The unlawful sexual intercourse with a female, against her will, by force or by threat of immediate force

Front 39

Define statutory rape

Back 39

Sexual intercourse with a person under the age of consent

A strict liability crime that does not require mens rea and does not allow the mistake of fact defense

Front 40

Define perjury

Back 40

The willful act of falsely promising to tell the truth, either verbally or in writing, about material matters that affect the outcome of a case

Front 41

Define bribery

Back 41

The corrupt payment of something of value for the purpose of influencing the action of an official in the discharge of their public or legal duties

Front 42

Define conspiracy

Back 42

An agreement between two or more parties to accomplish an unlawful purpose

Modern law also requires the commission of an overt act in furtherance of the conspiracy

Front 43

Scope of conspiracy

Back 43

Each co-conspirator can be convicted for:

(1) Conspiracy, and

(2) Any substantive crimes committed by any other conspirator acting in furtherance of the conspiracy

Front 44

2 structures of conspiracy

Back 44

Chain: A community of interest in the achievement of the conspiracy, like the links in a chain. Each participant is liable for crimes of the others in furtherance of the conspiracy

Hub-spoke: A central person deals with many co-conspirators on the periphery, like a wheel. The central person is liable for all of the crimes, but each spoke is not liable for the crimes of another spoke

Front 45

Withdrawal from a conspiracy

Back 45

Common law: Crime is complete at the time of agreement, so it is impossible to withdraw

Majority: Crime is complete at the first overt act. Before then, conspirator must communicate notice of withdrawal to other conspirators, or notify law enforcement

Minority: Defendant voluntarily acts to thwart the success of the conspiracy

Front 46

Wharton Rule

Back 46

If a type of crime requires 2 or more participants, there is no conspiracy unless more parties than are necessary to complete the crime agree to commit the crime

Front 47

Define attempt

Back 47

The specific intent to commit a particular criminal act, and the taking of a substantial step towards perpetrating that crime

Merges into the completed offense

Front 48

Define solicitation

Back 48

Enticing, encouraging, or commanding another person to commit a crime, with the intent that the other person actually commit that crime

If the other person agrees, there is a conspiracy

If the crime is committed, the charge merges into the completed offense