Criminal Law Final Flashcards

Front 1

What is the formula for criminal law?

Back 1

AR + MR + C, unless E or J

Front 2

Possession and the MPC

Back 2

2.01(4) - Possession is only criminal if the D KNEW he had possession, and had time to TERMINATE possession.

Front 3

Status and criminal culpability

Back 3

A person may NOT be convicted for merely have a certain status or condition.

Front 4

Voluntary Acts

Back 4

2.01(2) - Three types of involuntary acts:
1. Reflex or convulsion
2. Unconsciousness
3. Hypnosis

Front 5

Omission

Back 5

2.01(3) - There must be either a statute or a duty to act.

Front 6

Mens Rea:
Purposely

Back 6

2.02(2)(a)
"if it is his conscious object to engage in conduct of that nature"

Front 7

Mens Rea:
Knowingly

Back 7

2.02(2)(b)
"if he is aware that his conduct is of that nature"

Front 8

Mens Rea:
Recklessly

Back 8

2.02(2)(c)
"if he consciously disregards a substantial and unjustifiable risk"

Front 9

Mens Rea:
Negligently

Back 9

2.02(2)(d)
"if he SHOULD have been aware of a substantial and unjustifiable risk"

Front 10

Strict Liability

Back 10

2.05:
Strict liability crimes are ONLY violations!

Front 11

What if the mental state requirement is missing?

Back 11

2.02(3):
The default position is recklessness!

Front 12

What if the statute only contains one mens rea requirement?

Back 12

2.02(4):
All elements of the statute will require that mens rea element.

Front 13

Does purposely or knowingly meet the elements of a reckless crime?

Back 13

2.02(5):
YES!

Front 14

Mistake of Fact

Back 14

2.04:
Mistake is a defense when it negates the existence of a material element of the offense.

Front 15

Does mistake of fact need to be reasonable?

Back 15

NO!!

Front 16

Mistake of Law

Back 16

2.04:
Mistake is a defense when it negates the existence of a material element of the offense.

Front 17

Willful Blindness:
1. What section of the MPC?

2. Definition?

Back 17

1. Section 2.02(7)

2. KNOWLEDGE is established when a person is aware of a high probability of its existence, UNLESS he actually believes that it does not exist.

Front 18

Intoxication
1. What section of the MPC?

2. What is the MPC definition?

3. What can Intox never be used a defense for?

Back 18

1. Section 2.08

2. Voluntary intoxication is NOT a defense unless it negatives an element of the offense.

3. Voluntary intoxication can NEVER be a defense for recklessness.

Front 19

What are the four theories of punishment?

Back 19

1. Retribution
2. Deterrence
3. Incapacitation
4. Rehabilitation

Front 20

Homicide:

What is criminal homicide (under the MPC)?

Back 20

210.1 - Criminal homicide is:

1. murder, manslaughter, or negligent homicide.

Front 21

What mens rea elements meet criminal homicide?

Back 21

ALL four!

Front 22

Homicide:

Murder - what are the MR requirements?

Back 22

210.2:
1. Purposely or knowingly;
or
2. Recklessly with extreme indifference to the value of human life.

Front 23

Homicide:

Manslaughter (Voluntary manslaughter) - what are the MR requirements?

Back 23

210.3:
1. Recklessly;
or
2. Provocation Doctrine

Front 24

Homicide:

Negligent homicide (involuntary manslaughter) - what are the MR requirements?

Back 24

210.4:
Negligently

The actor does NOT have to intend the result, he must have IGNORED the risk of harm!

Front 25

The Provocation Doctrine:
A. Definition
B. MPC Section
C. Elements

Back 25

A. Reduces Murder to Manslaughter IF the actor is acting under the influence of extreme mental or emotional disturbance

B. 210.3

C. Elements:
1. Legally Adequate Provocation
2. Actual Provocation
3. Would a reasonable person have cooled off?
4. Did the D cool off?
5. Was the act in response to the SPECIFIC provocation?

Front 26

The MPC and the Provocation Doctrine

Back 26

210.3:
A homicide that would otherwise be murder is manslaughter when it is committed under the influence of extreme mental or emotional disturbance!

Front 27

The Felony Murder Rule:

What sec. of the MPC?

Back 27

210.2(1)(b)

Front 28

What are the limitations to the Felony Murder Rule?

Back 28

MARIE:
1. Enumeration;
2. Inherently Dangerous Felony;
3. Merger Doctrine;
4. Agency Rule;
5. res gestae

Front 29

The MPC approach to Felony Murder:
1. When is it appropriate?

2. What MR is assumed for the felon?

Back 29

Only in cases of robbery, arson, burglary, kidnapping or felonious escape.

The assumption is that the D acted RECKLESSLY with extreme indifference (and thus it is murder).

Front 30

What is the two-part test for Causation?

Back 30

1. "but for" test

2. Proximate cause

Front 31

Causation:
1. What sec of the MPC?

Back 31

2.03

Front 32

Proximate Cause:

What are the factors?

Back 32

1. Probability that the result would have occurred;

2. Is the second actor's conduct responsive to the first actor's conduct?

3. Is the second actor MORE blameworthy than the first?

Front 33

Rape and the MPC:
1. What section?

2. What are the limitations of the MPC?

Back 33

1. 213.1

2. The attacker must be male; the victim must be male; a wife is NOT protected!

Front 34

Rape and the MPC:

What constitutes rape?

Back 34

1. Force or threat of force on anyone;

2. Impairment

3. Unconscious

4. < 10 years old.

Front 35

Rape:

Resistance Requirement

Back 35

The resistance requirement is NO longer needed!

Any act of penetration without the freely-given permission constitutes rape.

Front 36

Attempt
1. What MPC section?

2. What is the MPC definition?

Back 36

1. 5.01

2. Guilty of attempt if he PURPOSELY does or omits to do something that is a SUBSTANTIAL STEP in the course of conduct.

Front 37

Abandonment
1. What is the MPC section?

2. What is the MPC requirement?

Back 37

1. 5.01(4)

2. Must be a complete and voluntary renunciation. It CANNOT be due to circumstances that increase the probability of detection or apprehension.

Front 38

Complicity:
1. What is the MPC section?

2. What constitutes complicity under the MPC?

Back 38

1. 2.06

2.
a. Actor causes an innocent person to engage in conduct;

b. Actor solicits another person, aids or attempts to aid another person, has a legal duty to prevent commission.

Front 39

Complicity:
1. Is presence a basis for accomplice liability?

2. Is omission a basis for accomplice liability?

Back 39

1. NO! Guilt by association is NOT a basis!

2. YES! A failure to act can carry the same criminal culpability as commission of an act.

Front 40

Justification:
1. What MPC section?

2. What is the MPC definition?

3. What are the limitations?

Back 40

1. 3.02

2. Conduct is justifiable IF the harm sought to be avoided is GREATER than the harm from the conduct.

3. Does NOT apply if the actor brought about the situation through recklessness or negligence!

Front 41

Self-Defense:
1. What MPC section?

2. What is the MPC definition?

3. What are the MPC limitations?

Back 41

1. 3.04

2. Self-defense is justifiable when the actor believes that such force is immediately necessary to protect himself.

3. The actor MUST believe that force is necessary to protect against death, serious injury, kidnapping, or rape.

Front 42

What are the common law limitations of self-defense?

Back 42

1. Necessity;
2. Proportionate;
3. Reasonable belief;
4. Imminent;
5. Not Initial Aggressor;
6. Retreat.

Front 43

Causation:

The "but for" test - what if both X and Y injure Z, causing his death?

Back 43

X and Y can both be held liable IF their actions were a SUBSTANTIAL FACTOR in bringing about the result.

Front 44

Proximate Cause:
1. What MPC section?

2. Definition

Back 44

1. 2.03(2)

2. If the act is "not too remote or accidental"

Front 45

A. What is the MPC section for attempt?

B. What is the two part test for attempt?

Back 45

A. 5.01

B. 1. Actor must have the intent to commit the actus reus of the crime

2. Actor must take a substantial step

Front 46

Attempt and Strict Liability, Recklessness, and Negligence

Back 46

A person CANNOT be liable if the crime is requires only negligence, recklessness, or no mental state at all.

A person can't attempt to act negligently!!!

Front 47

Gross Sexual Imposition:
1. What section of the MPC?

2. What constitutes?

Back 47

1. 213.2

2. Mentally impaired

3. Victim is unaware of act or believes actor to be her husband.