Criminal Law/pro Mbe Basics

Front 1

Name the 10 specific intent crimes.

Back 1

1) Solicitation
2) Attempt
3) Conspiracy
4) First degree murder
5) Assault
6) Larceny and robbery
7) Burglary
8) Forgery
9) False pretenses
10) Embezzlement

Front 2

What are the two defenses for specific intent crimes?

Back 2

1) voluntary intoxication
2) any mistake of fact even if unreasonable

Front 3

What are the malice crimes?

Back 3

1) Arson
2) Murder

Front 4

What are the general intent crimes?

Back 4

All crimes not specific intent or malice

Front 5

What elements are required in a crime?

Back 5

1) Actus reus
2) Mens rea
3) Concurrence between the two
4) Causal connection
5) Harm

Front 6

What are the non-specific intent types of murder?

Back 6

All malice crimes
1) Intent to inflict serious bodily injury and ensuing death
2) Felony murder
-unintentional murder that occurs:
-during the commission of or attempted commission of an inherently dangerous felony (BARK - burg, arson, rape, robbery, kidnapping)
3) depraved heart murder/involuntary manslaughter
-depraved heart = untinentional killing by reckless conduct
-involuntary manslaughter = unintentional killing by criminal negligent act

Front 7

na

Back 7

na

Front 8

What are the levels of mens rea?

Back 8

1) Purposely: conscious object to commit crime
2) Knowingly
3) Recklessly: knows of a substantial/unjustifiable risk and disregards
4) Negligently: fails to be aware of a substantial/unjust risk

Front 9

What is aiding and abetting?

Back 9

GR: one who aids, consels, commands, or encourages another in the commission of a crime & is present at commission, generally guilty of aiding and abetting
EX: members the statute sought to protect generally exempt from liability

Front 10

What are the inchoate crimes and definitions?

Back 10

1) solicitation: asks, encourages, requests another to commit a crime
-does not need 2 guilty minds

2) Attempt: specific intent, close proximity substantial step
3) Conspiracy: specific intent, agreement + overt act, 2 guilty minds

Front 11

Where solicitor proceeds far enough to be liable for attempt, what happens?

Back 11

1) Solicitation merges with attempt

Front 12

What is robbery?

Back 12

Larceny + assault
-Can't be guilty of robbert and one of the LIIs

Front 13

If a mock robbery results in injuries, what crime was committed?
(a) robbery
(b) larceny
(c) assault
(d) no crime
(e) robbery, larceny, and assault

Back 13

(d) No crime because the mock robbery aspect negates all intent
-Robbery = larceny + assault, so couldn't be robbery + either of them

Front 14

To what is voluntary intoxication a defense?

Back 14

The specific intent crimes + inchoate crimes
-1st degree murder, assault, larceny, robbery, burglary, forgery, false pretenses, embezzlement

Front 15

What is arson?

Back 15

The malicious burning of the dwelling house of another
-In a least likely answer, look for lack of malice

Front 16

List the elements of battery.

Back 16

-General intent
-Completed assault

Front 17

List the elements of assault.

Back 17

2 theories:
1) attempted battery: reqs specific intent
2) threat of bodily injury: general intent

Front 18

List the elements of homocide.

Back 18

1) Intent = 4 types
a) Intent to kill
b) intent to inflict great bodily harm
c) depraved heart (highly reckless)
d) involuntary manslaughter (criminally negligent)
2)

Front 19

List the elements of manslaughter.

Back 19

Voluntary: some form of passion, provoked killing
Involuntary: criminally negligent killing or unlawful act (misdemeanor murder, unenumerated felony - not BARK)

Front 20

In VA, when is it 1st Degree murder without premeditation?

Back 20

1) The following types: lying in wait, imprisoning, starving, felony murder

Front 21

What are the elements of larceny?

Back 21

-Wrongful taking, AND
-Carrying away
-of tangible personal property
-of another
-by trespass (w/o consent or consent by fraud)
-w/ intent to permanently deprive (must exist at taking)

Front 22

What are the elements of embezzlement?

Back 22

-Fraudulent
-Conversion
-Of personal property
-Of another
-By a person in lawful possession of that property

--Disting from larceny--
-misappropriates property of which he's in lawful possession v. larceny where misappropriates property not in lawful possession

Front 23

What are the elements of kidnapping?

Back 23

-Unlawful confinement
-involving either some movement of victim or
-concealment in a secret place

Front 24

What are the elements of rape?

Back 24

-Unlawful carnal knowledge
-of a woman
-by a man, not her husband
-without her effective consent

Front 25

What are the elements of false imprisonment?

Back 25

-Unlawful confinement
-of a person
-without his valid consent

Front 26

What are the elements of false pretenses?

Back 26

-obtaining title
-to personal property of another
-by an intentional false statement of past/existing fact (not future fact)
-with intent to defraud the other

Front 27

What are the elements of robbery?

Back 27

-a taking
-of personal property of another
-from the other's person or presence
-by force or threats of immediate death or injury
-with the intent to permanently deprive

Front 28

What are the elements of burglary?

Back 28

-a breaking
-and entry
-of a dwelling
-of another
-at nighttime
-with the intent to commit a felony in the structure

Front 29

What are the elements of arson?

Back 29

-malicious
-burning
-of the dwelling
-of another

DAMAGE REQUIRED greater than mere blackening--charring is sufficient