Criminal Law Mbe

Front 1

What 7 things do you need to charge a person with a crime

Back 1

--Jurisdiction (Situs)
--Voluntary Act or Omission
--Mental State
--Causation
--Concurrence
--Merger
--Legal Impossibility

Front 2

Whats needed to be liable for an omission

Back 2

Duty to Act
Knowledge of Facts Giving Rise to Duty
Ability to Help

Front 3

What Gives Rise to a Duty to Act

Back 3

Statute
Contract
Status Relationship

Front 4

Common Law Mental States

Back 4

Specific Intent
Malice
General Intent
Strict Liability

Front 5

Common Law
Definition of Specific Intent

Back 5

Desire to Act +
Desire to Achieve a Result

Front 6

Common Law
Defenses to Specific Intent Crimes

Back 6

Any Mistake of Fact
(In)Voluntary Intoxication

Front 7

Common Law
Specific Intent Crimes

Back 7

Assault
First Degree Premeditated Murder
Larceny
Embezzelment
False Pretenses
Robbery
Forgery
Burglary
Solicitation
Conspiracy
Attempt

Front 8

Common Law
Definition Malice

Back 8

Intentional or Reckless Disregard of an Obvious Risk

Front 9

Defense to Malice Crimes

Back 9

Only a Reasonable Mistake of Fact

Front 10

Common Law
Malice Crimes

Back 10

Common Law Murder
Arson

Front 11

Common Law
Definition General Intent

Back 11

Awareness of Factors Constituting a Crime

Do not need to intend the result

Intent can be Inferred from the Act

Front 12

CL - Defense to General Intent Crimes

Back 12

Only a Reasonable Mistake of Fact

Front 13

CL - General Intent Crimes

Back 13

Battery
Rape
Kidnapping
False Imprisonment

Front 14

CL - Strict Liability

Back 14

State of Mind Irrelevant
No Mistake is a Defense
Offenses - Statutory Rape and Public Welfare Offenses

Front 15

Common Law Homicide

Back 15

Murder
Voluntary Manslaughter
Involuntary Manslaughter

Front 16

Common Law Murder

Back 16

Causing death with Malice Aforethought
Intent to Kill
Dangerous Weapon - Infer Intent
Transferred Intent Doctrine

Front 17

Types of Common Law Murder

Back 17

First Degree Premeditated Murder
Intent to Inflict Great Bodily Injury
Extreme Reckless Murder
Felony Murder

Front 18

Common Law Felony Murder

Back 18

∆ guilty of underlying felony
Dangerous Felony
Felony Separate from Killing
Death occurred during or in flight from
Death must be foreseeable
Co- Felon's Death doesn't count
Felon doesn't have to be killer to be liable

Front 19

CL - Voluntary Manslaughter

Back 19

Intentional Killing after Adequate Provocation

Front 20

What is Adequate Provocation

Back 20

1. Something that would arouse a sudden and intense passion in a reasonable person

2. ∆ must have been adequately provoked

3. ∆ must have had no time to cool

Front 21

CL - Involuntary Manslaughter

Back 21

Unintentional Killing
Committed with Criminal Negligence

or Misdemeanor Manslaughter

Front 22

Battery

Back 22

General Intent - Intent to act not injure

1. Unlawful application of force
2. Results in injury or offensive touching

Front 23

Assault

Back 23

Specific Intent (to hit the person)

1. Attempted Battery
2. Intentionally making V thing you are about to commit a Battery

Front 24

False Imprisonment

Back 24

General Intent
Unlawful Confinement of a person without consent

Front 25

Kidnapping

Back 25

General Intent
False Imprisonment +
1. moving the V or
2. Concealing the V in a Secret Place

Front 26

Rape

Back 26

General Intent
Sex without Consent

1. Using Force
2. Threat of Force
3. While V is unconscious

Front 27

Statutory Rape

Back 27

Strict Liability
Sex with someone under age of consent

Front 28

Larceny

Back 28

Specific Intent

1. Taking
2. Carrying away
3. Personal Property of Another
4. Without permission
5. With intent to steal

Front 29

Continuing Trespass

Back 29

Solves Lack of Concurrence Issues

1. A Larceny Taking without Intent
2. Subsequent Intent to Permanently Deprive of Possession

Front 30

Embezzlement

Back 30

Specific Intent
1. Conversion of
2. Personal Property of another
3. That Thief is in Lawful Possession of
4. With intent to defraud

Front 31

False Pretenses

Back 31

SI
1. Getting Title of Personal Property
2. By Intentional False Statement of Fact (past or present)
3. With Intent to Defraud

Front 32

Larceny by Trick

Back 32

SI
Obtaining Possession of someone's property by tricking them

Front 33

Robbery

Back 33

SI
1. Larceny
2. From a person's body or presence
3. Using force or threat of immediate injury
Future Injury - Extortion
Threat of Embarrassment -
Blackmail

Front 34

Receipt of Stolen Property

Back 34

Crime of Knowledge
You must know the property is stolen when you receive it
It must still be stolen at that time

Front 35

Forgery

Back 35

SI
1. Making a False Writing OR
Altering an Existing Writing
2. With Intent to Defraud

Front 36

Uttering

Back 36

SI
1. Offering a false Instrument as Genuine
2. With Intent to Defraud

Front 37

Burglary

Back 37

SI
1. Breaking and Entering
2. A Dwelling of Another
3. At Night
4. With Intent to Commit a Felony Inside

Front 38

Arson

Back 38

Malice
Act Intentionally or
Act with Reckless Disregard of an
Obvious Risk when

Burning Another's Building

Material Wasting of a Structure

Front 39

Accomplice Liability

Back 39

Presence/Knowledge
1. Aid, Encourage Commission of a Crime
2. With Intent to Encourage the Crime

Front 40

Effects of Accomplice Liability

Back 40

Guilty of all Crimes Principle Commits Regardless of P's Liability

Front 41

Withdrawal from Accomplice Liability

Back 41

Encourage - Discourage
Aid - Substantial Effort to Stop the Crime

Front 42

Solicitation

Back 42

SI
1. Asking someone to commit a crime
2. With Intent that they Commit it

Front 43

Withdrawal from Solicitation

Back 43

NO WITHDRAWAL

Front 44

Merger of Solicitation

Back 44

Merges with charge of
Attempt
Completed Crime

Front 45

Conspiracy

Back 45

SI
1. Agreement between at least 2 people
2. Intent to Commit a Crime
3. Overt Act of Prep

Must have 2 guilty minds

Front 46

Trial for Conspiracy

Back 46

Cant be convicted if co-conspirators are let off at trial

Cant be convicted for agreeing with a cop

Front 47

Responsibility of Conspirators

Back 47

Responsible for all crimes committed in furtherance of the conspiracy that were foreseeable

Front 48

Withdrawal from Conspiracy

Back 48

NO WITHDRAWAL
Guilty of Conspiracy but Vicarious Liability is cut off at W/D

Front 49

Attempt

Back 49

SI to commit the crime

Committing Conduct that is Dangerously Close to the commission of the crime

Front 50

Defenses to Attempt

Back 50

Factual Impossibility is not a defense

Front 51

Withdrawal from an Attempt

Back 51

NO WITHDRAWAL
must be able to show genuine change of heart without any outside influence

Front 52

Defenses

Back 52

Insanity
Intoxication
Infancy
Self-Defense
Crime Prevention
Duress
Entrapment

Front 53

Insanity Defenses

Back 53

M'Naughton Rule
Irresistible Impulse Test
Durham Test
Model Penal Code Test

Front 54

M'Naughton Rule

Back 54

∆ because of mental disease or defect

1. Didn't know his action was wrong
2. Didn't understand the nature and quality of his action

Front 55

Irresistible Impulse Test

Back 55

1. ∆ unable to control his actions

2. ∆ unable to conform his conduct to the requirements of law

Front 56

Durham Test

Back 56

∆ act was a product of his mental illness

Front 57

MPC Test

Back 57

∆ lacked substantial capacity to either

1. Appreciate the criminality of his conduct

2. conform his conduct to the requirements of law

Front 58

Involuntary Intoxication

Back 58

Defense to any crime

Front 59

Voluntary Intoxication

Back 59

Defense to SI crimes if the intoxication prevented the ∆ from forming required intent

Front 60

Infancy

Back 60

1. Kid under 7 cant be prosecuted
2. between 7-14 rebuttable presumption against prosecution

Front 61

Non-Deadly Force

Back 61

May use in S-D if it is reasonably necessary to protect against immediate use of unlawful force

Front 62

Deadly Force

Back 62

Must be in response to a threat of death or serious injury
∆ must be without fault
No Duty to Retreat

Front 63

Deadly Force by Initial Aggressor

Back 63

1. Must w/d from confrontation and communicate

2. Other person elevates level of violence and theres no chance to w/d

Front 64

Mistake re use of Deadly Force

Back 64

Must be reasonable

Front 65

Crime Prevention

Back 65

Non-deadly can be used to stop any crime

Deadly can be used only to prevent a dangerous crime jeopardizing human life
Never to protect property

Front 66

Duress

Back 66

defense if ∆ forced to commit crime under threat of imminent death or serious bodily injury
Never a defense to a killing

Front 67

Entrapment

Back 67

Only applies if

1. Criminal Design Originated with the Cops

2. ∆ wasn't predisposed to commit the crime