Criminal Law Mbe

Front 1

Define act and give some examples that wouldn't be considered to be acts--criminal law

Back 1

Any bodily movement that is voluntary.

e.g., non-voluntary: reflexive convulsion, an act while unconscious, an act while asleep.

Front 2

What are the four common law mental states?

Back 2

(1) specific intent;
(2) malice;
(3) general intent; and
(4) strict liability.

Front 3

Name the specific intent crimes

Back 3

(1) Inchoate offenses (solicitation, attempt, consp.)
(2) first degree murder;
(4) assault;
(5) larceny;
(6) embezzlement;
(7) false pretenses;
(8) robbery;
(9) burglary; and
(10) forgery.

(I Fu**ed A Lady's Elephant For Raw Beef Food)

Front 4

What are the malice crimes?

Back 4

Murder and arson

Front 5

What is an accomplice and what is their liability?

Back 5

An accomplice is one who aids, advises, or encourages the principal in the commission of the crime charged.

It is a specific intent crime. They are liable for the crime itself and all other foreseeable crimes.

Front 6

How does an accomplice withdraw?

Back 6

(1) repudiation; and
(2) does everything to neutralize the assistance.
Alt.-contact police.

Front 7

Define solicitation

Back 7

Asking someone to commit a crime. (if agree then consp.)

Front 8

Define conspiracy and how far liability extends

Back 8

An agreement, with an intent to agree, and an intent to pursue an unlawful objective. An overt act is required (mere prep. is enough) unless jur. follows minority common law.

A co-conspirator is liable for all the crimes committed by the co-conspirator in furtherance of the conspiracy and were foreseeable.

Front 9

Can one be guilty of conspiracy if the other co-conspirator is feigning?

Back 9

MPC unilateral--yes
Common law--no

Front 10

Can you withdraw from a conspiracy?

Back 10

No, unlike accomplice liability, However, co-conpirator will no be liable for the subs. crimes if withdraws.

Front 11

Define attempt

Back 11

(1) specific intent plus (2) overt act that is a substantial step; (3) to the furtherance of a crime.

Front 12

Define the M'naghten test for insanity

Back 12

Defendant lacked the ability to know the wrongfulness of his action or understand the nature and quality of his actions.

Front 13

Define irresistible impulse test

Back 13

Defendant lacked the capacity for self control and free choice

Front 14

Define the Durham rule

Back 14

Defendant's conduct was a product of mental illness

Front 15

MPC's test for insantity

Back 15

Defendant lacked the ability to conform his conduct to the requirements of the law.

Front 16

Rule of 7s criminal liability (note-same as torts common law)

Back 16

Under 7--no crim. liability lack of capacity
Under 14 rebuttable presumption of no criminal liability

Front 17

Define duress--criminal alw

Back 17

The person acts under the threat of imminent infliction of death or great bodily harm to themselves or a third person, and that belief is reasonable. (no defense to homicide).

Front 18

Define necessity--criminal law

Back 18

Conduct that would otherwise be criminal is justified if, as a result of pressure from natural forces, the defendant reasonably believes that his conduct was necessary to avoid a greater societal harm.

Front 19

When is mistake of fact a defense?

Back 19

Specific intent-always
General intent-only if reasonable
Malice-only if reasonable
Strict liability-never

Front 20

Requirements for entrapment

Back 20

(1) the criminal design originate with law enforcement officers and
(2) the defendant was not predisposed to commit the crime.

Front 21

Define battery

Back 21

The unlawful application of force to a person resulting in harmful or offensive touching

Front 22

Define assault

Back 22

An attempt to commit a battery or the intentional creation of a reasonable apprehension of imminent bodily harm.

Front 23

What makes assault aggravated assault?

Back 23

Assault gets aggravated when you have a dangerous weapon, or try to rape, mame, or murder assault.

Front 24

Define murder

Back 24

The unlawful killing of another human being with malice aforethought. Such a state of mind exists if there is:

(1) intent to kill;
(2) intent to inflict serious bodily harm;
(3) reckless indifference to an unjustifiably high risk to human life; or
(4) intent to commit a felony.

Front 25

Causation requirements

Back 25

Actual (but for) and proximate (foreseeability)

Front 26

Define first-degree murder

Back 26

A premeditated killing (spec. intent)

Front 27

Define felony murder

Back 27

Any killing committed during the course of a felony

Front 28

Limits on felony murder

Back 28

(1) defense to underlying felony relieves liability for felony murder;
(2) deaths must be foreseeable (causation);
(3) the defendant reached a place of temporary safety before the death resulted;
(4) death of a co-felon;
(5) agent jurisdiction-deaths not caused by the felon's actions

Front 29

Define second-degree murder

Back 29

A depraved heart murder. It is done with reckless indifference to an unjustifiably high risk to human life.

Front 30

Define voluntary manslaughter and the limits on it

Back 30

A killing in the heat of passion from an adequate provocation by the victim.

Limits:
(1) prov. must be adequate to an ordinary person;
(2) there must not have been time to cool off; and
(3) the defendant in fact must have not cooled off.

Front 31

Define involuntary manslaughter

Back 31

(1) a killing of "criminal" negligence or (2) misdemeanor manslaughter (i.e., killing someone while committing an enumerated felony)

Front 32

Define false imprisonment--criminal law

Back 32

The unlawful confinement of a person without his valid consent.

Front 33

Define kidnapping

Back 33

Confinement of a person with (1) some movement or (2) concealment in a secret place.

Front 34

Larceny elements--criminal law

Back 34

(1) A wrongful taking; (2) asportation; (3) of property of another by trespass; (4) with intent to permanently deprive. (specific intent).

Front 35

Define continuing trespass

Back 35

A wrongful taking of property where a person originally intends to return the item but then decides to keep the property.

Front 36

Define embezzlement

Back 36

The fraudulent conversion of property of another. (embezzler has lawful possession)

Front 37

Define false pretenses--crim law

Back 37

The defendant persuades the owner of property to convey title by false pretenses. (dist. from larceny by trick that is mere possession. Remember larcenies are possession only)

Front 38

Define robbery

Back 38

(1) A wrongful taking; (2) asportation; (3) of property of another by trespass; (4) by threat or fear; (5) with intent to permanently deprive the owner of possession (specific intent).

Front 39

Define extortion

Back 39

Knowingly seeking to obtain property or services by means of a "future" threat.

Front 40

Define burglary

Back 40

Breaking and entering the dwelling of another at night with the intent to commit a felony there-in.

Front 41

Define arson

Back 41

The malicious burning of the dwelling of another

Front 42

MPC abandonment requires for attempt

Back 42

(1) voluntary; and (2) complete.