Criminal Law (Md Bar Exam 2009)

Front 1

When does a State have Jurisdiction over a Crime?

Back 1

Any act that was part of the crime took place in the state, Or The result of the act was inside the state

Front 2

What 2 types of Crimes are there?

Back 2

Felony - crime that is punishable by more than one year
Misdemeanor - punishable max not to exceed 1 year

Front 3

Burden of Proof for Crimes?

Back 3

Beyond a Reasonable Doubt

Front 4

Element of a Crime: The Physical Act is:

Back 4

Act is a voluntary bodily movement
An Omission to act is an act

Front 5

Elements of Crime: The Physical Act: Omission that causes liability - 3 elements

Back 5

Legal Duty
One. Legal duty created by:
First. Statute
Second. Contract
Third. Status Relationship (Parent Child), ( Spouses)
Fourth. Voluntary Assumption of Care
Fifth. Creation of peril (D created problem)

Knowledge of the facts giving rise to the duty to act

Reasonably possible to perform duty *(red herring, dad w/swimming pool)

Front 6

Elements of Crime: The Physical Act which is involuntary is (3 types)

Back 6

Involuntary: (i) unconscious movements (ii) reflex/convulsion (unless D knew was likely) (iii) when someone else moves the D

Front 7

Elements of Crime: The Physical Act: Possession Defined

Mental State:

Back 7

Possession = "control for a period of time long enough to have an opportunity to terminate the possession"

Mental State: aware of the possession

Front 8

Elements of Crime: The Physical Act: Constructive Possession

Mental State

Back 8

Constructive Possession = no need for actual possession of contraband, as long as it's close enough to "exercise Dominion and Control" over it

Mental State: aware of the possession

Front 9

Mental State - Common Law:
SPECIFIC INTENT

Defined
Types of crimes = 11

Back 9

Specific Intent - to achieve specific result
Assault - intent to commit battery
1st Degree Premeditated Murder - Premeditation (i) Intentional Killing (ii) Felony Murder
Larceny - intent to "permanently deprive" the other of his interest in the property taken
Robbery - same as larceny
Embezzlement - intent to defraud
False Pretenses - intent to defraud
Forgery - intent to defraud
Burglary - intent to commit a felony in the dwelling
Solicitation - intent to have the person solicited commit the crime
Attempt: intent to complete crime

Conspiracy - intent to have the crime completed

Front 10

Mental State - Common Law:

MALICE

Crimes = 2

Back 10

Malice - Act w/intentional or reckless disregard" of obvious or known risk that harm would result

a) Murder - intent is "malice aforethought"
i) Intent to kill
One. Intentional use of deadly weapon creates inference of intent to kill = Deadly Weapon Rule

ii) Intent to inflict great bodily injury
iii) Extreme recklessness - "abandoned and malignant heart"
iv) Intent to commit a felony (felony murder)

(2) Arson

Front 11

Mental State - Common Law

GENERAL INTENT and CRIMES = 4

Back 11

General Intent - D need only be "generally aware" of factors constituting a crime/aware of high likelihood that all circumstances exist

i) Note: Inference of Intent from Act (Jury)

a) Battery - intent can be transferred
b) Rape
c) Kidnapping
d) False Imprisonment

Front 12

Mental State- Common Law

STRICT LIABILITY and Crimes = 2

Back 12

Strict Liability - found guilty from mere fact that she committed the act

1. Statutory Rape
2. Public Welfare, includes:
Selling liquor to minors
Bigamy
Selling Contaminated Food (Environment)
Corrupting morals of minor

Front 13

Mistake of Fact - Common Law
as a defense of criminal liability under:
Specific intent
General intent
Strict Liability

Back 13

Mistake of Fact = I dont have the required mental state

Needs to be reasonable/unreasonable

Specific intent - always a defense
General intent - ONLY if it's reasonable mistake
Strict liability - no defense

Front 14

Mistake of Law as defense to liability of crime

Back 14

None

Front 15

Model Penal Codes Mental States = 5

DEFINE

Back 15

1) Purposely - his "conscious object" is to engage in certain conduct/cause a certain result

2) Knowingly - D is "aware" of his conduct is of a particular nature (willfully)

3) Recklessly - D is "aware of a substantial and unjustifiable risk" and "consciously disregards" that risk (subjective std)

4) Negligence - D Should have known about a substantial and unjustifiable risk (objective std)

5) Strict Liability - no mental state required (VL)

Front 16

Mistake of Fact as a defense to criminal liability under Model Penal Code (MPC) under all FIVE mental states?

Back 16

Mistake of Fact MPC - A MoF will be a defense IF mistake negates the required mental state

a) Purpose, Knowledge, Recklessness - MoF = defense

b) Negligence - Reasonable MoF only

c) Strict liability - No MoF

Front 17

Causation:

2 types

Back 17

Cause in Fact

Proximate Cause

Front 18

Causation

Cause in Fact Defined

Back 18

Cause-in-Fact = D is an "actual cause" of the result would not have occurred "but for" the D's conduct
Accelerating Cause

Front 19

Causation

Proximate Cause = Elements 2

Back 19

Proximate Causation = D is "proximate cause" if result is a "natural and probable consequence" of D's conduct
1) Elements
a) Foreseeability - (fact specific)
ii) Medical malpractice/medical treatment and refusal = foreseeable
iii) Eggshell V: D is proximate cause even if V's preexisting weakness contributed to result
b) Fairness - Judgment Call

Front 20

Intervening Event to Proximate Cause (exception to Proximate Cause liability)

Back 20

i) Exception: Intervening Event - D not proximate cause if "unforeseeable intervening event" causes result (shields D from liability)