Criminal Law Mbe

Front 1

BATTERY

Back 1

The unlawful application of force to another

Front 2

ASSAULT

Back 2

1. an attempted battery or
2. an unlawful act that place another in reasonable apprehension of receiving an immediate battery

Front 3

MURDER

Back 3

The unlawful killing of a human being with malice aforethought

Front 4

MURDER
Malice aforethought

Back 4

1. express malice -- the intent to kill
2. intent to inflict great bodily harm
3. awareness of an unjustifiably high risk to human life (depraved heart)
4. felony murder

Front 5

MURDER
Express malice

Back 5

Express malice can be either
1. desiring the result, even if it is unlikely (killing by slingshot) or
2. not desiring the result but making it happen -- the act is substantially likely to cause the death of another person (placing bomb on plane)

Front 6

MURDER
without affirmative act

Back 6

Possible in these situations:
1. placing someone in peril
2. perjuring an innocent person into the electric chair
3. failing to act when there is a duty to act (i.e. parent fails to rescue child)

Front 7

MURDER
Deliberation and premediation

Back 7

Deliberation implies a cool mind capable of reflection. Premediation means the person did reflect, even if just for an instant. Shown by circumstantial evidence.

Front 8

FELONY MURDER
Definiton

Back 8

An unintentional killing during the commission of an inherently dangerous felony

Front 9

FELONY MURDER
inherently dangerous felonies

Back 9

1. mayhem
2. rape
3. sex acts on child
4. burglary
5. arson
6. kidnappiong
7. escape
9. robbery
MRS. BAKER

Front 10

FELONY MURDER
Res gestae requirement

Back 10

Th killing is considered to have taken place during the commission of the felony if it was during
1. preparations or an attempt to commit the felony
2. during the perpetration of the crime
3. or during the escape from the commission of the crime before reaching momentary safety

Front 11

FELONY MURDER
Merger doctrine

Back 11

In some jurisdictions,l the felony murder rule will not apply if it is
1. an assault-based felony and
2. lacks an independent felonious purpose

Front 12

FELONY MURDER
Killing by a third party

Back 12

When trhe death of an innocent party is caused by the victim's resistence or by police pursuit, jurisdictions are split on liability of the defendant.
1. States using agency theory, the killing must have been by the felon or someone acting as his agent -- so no felony murder in this situation
2. "proximate cause" theory jursidictions -- defendant can be liable

Front 13

FELONY MURDER
Killing by felon or co-felon

Back 13

Felony murder is found if
1. felon kills victim of the crime, even accidently
2. or a co-felon kills an innocent party or police officer (all principals and accessories have the same liability
BUT NOTE: No death penalty if a co-felon and not the accused was the actual killer

Front 14

FELONY MURDER
Redline rule

Back 14

Under the redline rule, the felony murder doctrine will not apply if one of the co-felons was caused by police.

Front 15

FIRST-DEGREE MURDER

Back 15

Murder by
1. a willful, premeditated killing
2. lying in wait, torture, destructive device or poison
3. committed during the MRS. BAKER felonies -- mayhem, robbery, sexual acts upon a child; burglary, kidnapping, rape. All other murders are second degree.

Front 16

MANSLAUGHTER

Back 16

Manslaughter is an unlawful killing without malice aforethought

Voluntary manslaughter is an intentional killing with adequate provocation in the heat of passion

Front 17

VOLUNTARY MANSLAUGHTER
Adequate provocation

Back 17

Adequate provocation for manslaugher is such that the passion of a reasonable person would be inflamed. Held adequate have been
1. adultery of a spouse (but not for non-married lovers)
2. attempted battery
2. informational words of the type of "I abused your child"

Front 18

VOLUNTARY MANSLAUGHTER
Elements

Back 18

Voluntary manslaughter requires
1. adequate provocation
2. heat of passion (no cooling- off period)
3. causal connection between the provocation, passion and fatal act

Front 19

INVOLUNTARY MANSLAUGHTER

Back 19

An unlawful unintentional killing by
1. criminal negligence or
2. misdemeanor manslaughter if the misdemeanor is malum in se

Front 20

CRIMINAL NEGLIGENCE
Definition

Back 20

Conduct, except conduct intentionally or wantonly disregardful of others, that falls below the standard established by law for the protection of others against unreasonable risk of harm

Front 21

BURGLARY
(common law)

Back 21

The trespassory breaking and entering into the dwelling house of another with the intent to commit a felony

Front 22

MURDER
Deadly weapon doctrine

Back 22

Intent to do great bodily harm can be inferred from the use of a deadly weapon

Front 23

LARCENY

Back 23

The trespassory taking and carrying away of the personal property of another with the intent to permanently deprice the owner

Front 24

ROBBERY

Back 24

Larceny committed by force or fear from the person or presence of the victim

Front 25

ROBBERY
Elements

Back 25

1. taking
2. carrying away
3. personal property of another
4. by force or fear
5. from that person's presence (victim must be aware)
5. with intent to deprive the owner
NOTE: Larceny merges into robbery .

Front 26

RAPE

Back 26

Unlawful sexual intercourse with a woman without her consent

Front 27

ROBBERY
Force and fear

Back 27

Force must be
1. more than just that needed to carry the property
2. must be used to effectuate the taking and carrying away, not merely to prevent recapture of the chattel
Fear must be of imminent, not future, harm.

Front 28

LARCENY BY TRICK

Back 28

All the elements of larceny but possession of the property is obtained by fraud

Front 29

EMBEZZLEMENT

Back 29

The fraudulent conversion of the personal property of another by one who is lawful in possession of it. Title and possession both pass.

Front 30

THEFT BY FALSE PRETENSES

Back 30

Defendant obtains title and possession by a false representation of material fact with the intent to defraud

Front 31

RECEIVING STOLEN PROPERTY

Back 31

Taking possession of stolen property when the defendant knew or should have known that the property was stolen

Front 32

KIDNAPPING

Back 32

Unlawful forcible confinement and asportation of a person against his or her will.

Front 33

RECEIVING STOLEN PROPERTY
Elements

Back 33

Receiving stolen property requires:
1. receiving -- taking control of the property
2. stolen -- must be stolen. If receiver believes they are stolen but they are not, no crime is committed
3. intent to deprive the owner of the property

Front 34

ARSON

Back 34

Malicious burning of a dwelling of another.
Malicious means either
1. intent to burn structure or
2. a strong likelihood of such a burning (a wanton and reckless disregard for trhe safety of others)

Front 35

ARSON
Elements

Back 35

Common-law elements were
1. malicious
2. burning (at least some charring)
3. dwelling house
4. of another

Front 36

SOLICITATION

Back 36

Solicitation occurs when a person counsels, advises, urges, orders or otherwise encourages another to commit a crime. If the crime is committed, solicitation is merged into the solicitor's liability as an accomplice.

Front 37

FELONY MURDER
Elements

Back 37

1. inherently dangerous felony
2. legal causation -- the death was foreseeable as a result of defendant's actions
3. in the commission of the felony (res gestae)

Front 38

SPECIFIC INTENT CRIMES

Back 38

Specific intent crimes require a specific mens rea in addition to the intention to commit the act. They are
1. Burglary
2. Assault (first theory)
3. Murder (first degree)
4. Attempt crimes
5. Conspiracy
6. Theft crimes
7. Solicitation
BAM ACTS

Front 39

GENERAL INTENT CRIMES

Back 39

The intent to accomplish the act must coincide with the doing of the act. If a person desires a result, and the result occurs, even through an unexpected means, the person has intended the act.

Front 40

MISTAKE OF LAW

Back 40

Not a defense to a general inent crime, but can be a defense to a specific intent from being formed for a specific intent crime.

Front 41

FOUR INSANITY TESTS

Back 41

They are
1. M'Naghten
2. Irrestible impulse
3. Durham
4. Model Penal Code

Front 42

INSANITY
M'Naghten test

Back 42

The defendant, because of mental disease or defect, did not understand that his act would be wrong or did not understand the nature and quality of his action.

Front 43

DEFENSE
Mistake of fact

Back 43

A reasonable mistake of fact is a defense to a general intent crime. A reasonable or unreasonable mistake of fact, which prevents specific intent from being formed, is a valid defnse to a specific intent crime.

Front 44

INSANITY
Irresistable impulse test

Back 44

Because of a mental illness, the defendant was unable to control his actions or conform his conduct to the law.

Front 45

INSANITY
Durham test

Back 45

Crime was a product of his mental illness ("but for" test)

Front 46

INSANITY
Model Penal Code test

Back 46

The defendant, as a result of mental disease or defect, lacked the substantial capacity to
1. appreciate the criminality of his conduct or
2. conform his conduct to the law

Front 47

JUSTIFICATION DEFENSES

Back 47

1. self-defense
2. defense of others
3. defense of dwelling
4. defense of other property
5. prevent crime
6. effectuate arrest
7. resisting arrest
8. necessity

Front 48

FORGERY
Definition

Back 48

Making of a false writing of apparent legal significance with intent to defraud.

Front 49

FORGERY
Elements

Back 49

1. making or materially altering an existing instrument. An alteration is material if it alters a legal right.
2. writing of apparent legal significance
3. false -- writing purports to be something that it is not
4. intent to defraud

Front 50

UTTERING

Back 50

Offering as genuine an instrument that may be a forgery and is false with the intent to defraud

Front 51

MALICIOUS MISCHIEF

Back 51

Malicious destruction of the personal property of another. Destruction doesn't have to be total; it is some physical damage that harms the uility of the property or diminishes its value

Front 52

ATTEMPTED CRIME

Back 52

An attempt is the taking of a substantial step toward commiting a crime with the intention to commit that crime and the apparent ability to do so.

Front 53

ATTEMPTED CRIME
Elements

Back 53

1. specific intent -- to do the target felony
2. substantial step
3. apparent ability

Front 54

ATTEMPTED CRIME
Substantial step

Back 54

The substantial step requires more than mere preparation. Factors to be considered are
1. closeness in time and place to the potential act
2. done all that is necessary for commission
3. defendant not likely to stop without interference

Front 55

CONSPIRACY

Back 55

A combination for an unlawful purposes. Conspiracy does not merge if the crime is committed.

Front 56

ATTEMPTED CRIME
Defenses of impossibility

Back 56

Factual impossibility -- crime can't be commited because of facts unknown to defendant at the time he acts and it is no defense.
Inherent impossibily (crime can't be done by means chosen) or legal impossibility (even if done, not a crime) are defenses.
Mistake of fact resulting in legal impossibility (i.e. believes substance is contraband, but it's not) would be a defense under common law, not modernly.

Front 57

CONSPIRACY
Elements

Back 57

1. intent to agree
2. intent to accomplish the purpose of the conspiracy
3. no overt act required at common law
4. unlawful objective (might be unlawful even if not specifically a crime)

Front 58

CONSPIRACY
Scope of the conspiracy

Back 58

It is one conspiracy if each member knows of the scope of the operation and its interdependence, even if they don't know all the co-conspirators.
A "hub and spoke" arrangement, however, might be seen as different conspiracies.

Front 59

CONSPIRACY
Duration

Back 59

A conspiracy continues until its objectives are fulfilled or until it is abandoned. Abandonment is presumed if no party the conspiracy has done any overt act within the statute of limitations.

Front 60

CONSPIRACY
Withdrawal

Back 60

An effective withdrawal must be done by
1. an affirmative act
2. notifying all co-conspirators
3. in time for trhe co-conspirators to abandon the conspiracy before it reaches the attempt state.
Defendant remains liable for any offenses in furtherance of the common design that were done or in the attempt stage at time of withdrawal, but not for acts done after that.

Front 61

CONSPIRACY
Liability

Back 61

Each conspirator is liable for every offense by all other co-conspirators if it was committed
1. in furtherance of the conspiracy and
2. was foreseeable as a natural consequence of the common design

Front 62

DEFENSE
Consent

Back 62

Consent is a defense to some crimes (rape, larceny, battery) bu the contest must be
1. informed
2. voluntary
3. and given by one with legal capacity to consent

Front 63

DEFENSE
Duress

Back 63

A defense may be raised ot crimes, except murder, that the ciminal act was the result of duress (unlawful coercion).

Front 64

DEFENSE
Entrapment

Back 64

Entrapment is an affirmative defense that says a government agent induced the illegal acts.
The federal court and the majority of jurisdictions hold that proof of entrapment requires showing that
1. defendant’s will was overborne by humanitarian appeals, temptation of exorbitant gain or persistent solicitation and
2. defendant was not predisposed to commit the crime.
California,does not use the "predisposed" element.

Front 65

JUSTIFICATION
Self-defense

Back 65

A defendant is privileged to act with reasonable force to protect himself if he is not the aggressor. The aggressor in a fight is the party that started it, continued if when the other party tried to withdraw or who substantially escalated the level of violence.

Front 66

ACCOMPLICE LIABILITY

Back 66

Accomplices are those who aid, encourage or assist in the commission of a crime before or afterwad are vicariously liable for all crimes committed by other accomplices that are the
1. direct
2. natural and
3. foreseeable consequences of the defendant's own crimes.

Front 67

DIFFERENCE BETWEEN ACOMPLICE AND CO-CONSPIRATOR LIABILITY

Back 67

Conspiracy liabilty only extends to cxrimes within the scope of the conspiracy, which is generally foreseeale acts in furtherance of the conspiracy's goal. But accomplies are liable for all crimes that foreseeably result from the crime that the accomplies helped commit.

Front 68

EXTORTION

Back 68

Extortion is the use of threats of future harm with the specific intent to induce another to relinquish property.
Defendant is still liable for extortion even if he has a legal right to do the threatened act or the information he threatens to reveal is true.

Front 69

DEFENSE
Intoxication

Back 69

Intoxication is involuntary if it results from force, mistake, fraud or medical prescription. Voluntary intoxication applies as a defense only to specific intent crimes. Intoxication can prevent the malice necessary to constitute first-degree murder and reduce the crime to second-degree murder, but not manslaughter.

Front 70

MALICE CRIMES

Back 70

Malice crimes are
1. common-law murder, not first degree
2. arson
All crimes that aqre not specific intent or malice crimes are general intent crimes unless they meet the formula for strict liability.

Front 71

STRICT LIABILITY CRIMES

Back 71

The crime is in the administrative, regulatory or morality area and there are no adverbs such as willfully, knowingly or intentionally to modify the requirement of strict liability (occasionally "knowingly" will implied.)

Front 72

DEFENSES
to common-law crimes

Back 72

Defenses are
1. Duress
2. Entrapment
3. Mistake of fact (reasonable/unreasonable*)
4. Self-defense, defense of others, defense of property
5. Infancy
6. Insanity
7. Intoxication (involuntary, voluntary*)
*available for specific intent crimes only
DEMS III

Front 73

CONSPIRACY
Wharton rule

Back 73

It's not a conspiracy if it takes two people to commit a crime, i.e. bigamy or receiving stolen property.

Front 74

MISPRISION OF FELONY

Back 74

Under common law, the failure to report a felony to the authorities was a misdemeanor. Modernly, the offense requires active concealment of the felony.

Front 75

PERJURY

Back 75

The cirme of making false statements under oath

Front 76

UTTERANCE

Back 76

The offering of a forged document as if it were genuine

Front 77

JUSTIFICATION
Self-defense (mistaken)

Back 77

Self-defense requires that a reasonable person would have believed that the other party was going to use deadly force. An honest, but mistaken belief in the need to defend oneself will reduce the charge from urder to manslaughter.

Front 78

MURDER
Causation

Back 78

Causation must be shown for a person to be guilty of murder. Under the common law, the death had to occur within a year and a day of the defendan'ts action. Improper medical treatement is within the scope of the risk when a person inflicts bodily harm.

Front 79

JUSTIFICATION
apprehending a felon

Back 79

A person has the right to use deadly force to apprehend a felon if
1. the felon is commiting a dangerous felon or
2. prevent the commission of a felony
Only non-deadly force can be used if the crime is a misdemeanor.

Front 80

JUSTIFICATION
Defense of others

Back 80

A person has the right to defend another if the accused reasonably believed that the other person would have the right to self-defense. (To avoid liability in tort, the person defended must actually have the right to self-defense.)

Front 81

JUSTIFICATION
Defense of dwelling

Back 81

A person can use deadly force to protect his home if the defender reaosonably believes the trespasser intends to commit a felony or do harm to him or another person on the premises.

Front 82

CONSPIRACY
When there is no conspiracy

Back 82

There is no conspiracy if there is
1. no agreement
2. a legislatively protected class
3. between corporations (unless they are conspiring through different agents)
4. one party lacks capacity
5. under the Wharton rule
5. if all conspirators save one are acquited -- except when the other conspirator has immunity or pled no contest in return for his testimony

Front 83

CONSPIRACY
Liability of supplier of goods

Back 83

To be liable, the supplier must not only supply the goods (such as equipment for bootlegging), but must also have a stake in the outcome.

Front 84

JUSTIFICATION
Defense of other property

Back 84

The use of deadly force is never justified for the defense of property other than a dwelling. Only reasonable non-deadly force can be ued to prevent the unlawful trespass to personal property or land.

Front 85

EMBEZZLEMENT
Elements

Back 85

Embezzlement is committed if there is
1. fraudulent -- specific intend to defraud
2. conversion -- serious interference with the owenr's property rights by using the property for a long time, selling it, damaging it or unreasonably withholding permission (converter need not benefit form the conversion) and
3. by one in lawful possession -- the person must have lawful possession, not just custody

Front 86

VICARIOUS LIABILITY

Back 86

A party to a crime may be vicariously liable as a co-conspirator or through accomplice liability.