Criminal Law Set 2

Front 1

Elements of accomplice liability

Back 1

aides, advises or encourages the principal to commit the crime

Front 2

Accomplish withdrawal

Back 2

to be effective the D
1. must repudiate the crime
2. if D has given assistance (materials) D must do everything to neutralize the assistance
Alternate means of withdrawing is contact police

Front 3

Elements of solicitation

Back 3

1. asking someone to commit a crime
(even if the person does not agree crime of solicitation is complete)
If person does agree the merges to conspiracy.

Front 4

Elements of conspriacy

Back 4

1. an agreement, 2. intent to agree, 3. intent to pursue an unlawful objective
a. does not merge with target crime, b. liable for all crimes of coconspirators in furtherance or that are foreseeable, c. requires an overt act infurtherance (any little act) d. factual impossibility no a defense (eg. no money in the safe)

Front 5

Does withdrawal relieve the D of the conspiracy?

Back 5

No. but the withdrawal can relieve the D from the later crimes of the coconspirator
Common law - bilateral approach - takes two
MPC - unilateral approach - one may be liable

Front 6

Elements of attempt

Back 6

1. specific intent
2. overt act
a. substantial step in futherance - mere preparation not enough,
3. Defense - legal impossibility, not factual impossibility

Front 7

Mistake of fact means?

Back 7

Specific intent - unreasonable mistake will do
General intent and malice - only reasonable mistake of fact
Strict liability - never

Front 8

Distinguish factual impossibility and legal impossibility

Back 8

Factual impossibility - cannot physically be accomplished (safe was empty)
Legal impossibility - act not illegal

Front 9

Mistake of fact

Back 9

Defense asserting a D acted from an innocent misunderstanding of fact rather than from a criminal purpose. Only available when mistake negates intention.
On bar exam - for specific intent crimes an unreasonable mistake will do - for general intent and malice crimes mistake must be reasonable - never available for strict liability crimes

Front 10

N'Naghten rule

Back 10

At the time of his conduct, D lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions

Front 11

Irresistible impulse

Back 11

D lacked the capasity for self control and free choice

Front 12

Durham rule

Back 12

D's conduct was a product of mental illness

Front 13

MPC rule on capacity

Back 13

D lacked the ability to conform his conduct to he requirements of the law

Front 14

When is a child considered to have criminal liability?

Back 14

1. no criminal liability under age 7
2. under age 14 rebuttable presumption of no criminal liability

Front 15

When is self defense available?

Back 15

1. non deadly force may be used anytime the V reasonably believes that force is about to be used on him.
2. Deadly force
a. Majority rule - whenever V believes deadly force is about to be used on him.
b. Minority rule - V can us deadly force only after attemp to retreat if safe to do so
i. no duty to retreat from your home
ii. no duty to retreat if V of a robbery or rape
iii. police officers no duty to retreat

Front 16

When may an original aggressor use self defense as a defense?

Back 16

Original aggressor must withdrawl and communicate that withdrawal.
However, if the V of the original aggressor escalates it and begins to use deadly force without allowing for OA to withdrawl then OA may self defense as a defense.

Front 17

How much force may be used to defend your dwelling?

Back 17

Deadly force may never be used to defend property.

Front 18

When is duress a defense to a criminal act available?

Back 18

1. acts under the threat of imminent infliction of death or great bodily harm and
2. that belief is reasonable
3. threats to a 3rd person may suffice
4. not a defense to homicide

Front 19

When is the defense of necessity available?

Back 19

Conduct that would otherwise be criminal is justifiable if
1. result of pressure of natural forces (storm, flood)
2. the D reasonably believes his conduct is necessary to avoid a greater societal harm

Front 20

Elements for intrapment

Back 20

1. the criminal design must have originated with law enforcement officers, and
2. D must not have been predisposed to commit the crime.

Front 21

Elements of battery

Back 21

1. unlawful application of force resulting of bodily injury or offensive touchig
2. need not be intentional, sufficent that the D acted with criminal negligence
3. Force need not be applied directly
4. General intent crime NO intox or mistake of fact defenses.

Front 22

Elements of assault

Back 22

1. intentional creation -other than mere words - of a reasonable apprehension of imminent bodily harm.

Front 23

What is the difference between assault and battery?

Back 23

Actual touching in a battery.

Front 24

Elements of aggravated assault

Back 24

Same as assault, but with:
1. the use of a deadly or dangerous weapon, or
2. intent to rape, mame or murder

Front 25

Elements of murder

Back 25

Unlawful killing of another HUMAN being with malice aforethought. Such a state of mind exists if:
1. intent to kill, or (1st degree)
2. intent to inflict great bodily harm, or (1st degree)
3.reckless indifference to an unjustifiably high risk to human life, or (2nd degree)
4. intent to commit a felony (1st degree)

Front 26

1st degree murder

Back 26

the D must have acted with the intent or knowledge tha his conduct would cause death.

Front 27

Felony murder

Back 27

any killing - even if accidental - committed during the course of a felony that were foreseeable.

If the death occurs after the D has reached a point of temporary safety (reached the hide out) deaths caused thereafter are not felony murder.

On the bar the D is not liable for the co-felons death as a result of the resistance of V or the police.

Front 28

Defenses to felony murder?

Back 28

If the D has a defense to the underlying crime then he has a defense to felony murder.

Front 29

Second degree murder

Back 29

1.Depraved heart killing - killing done with reckless indifferencde to an unjustifiiably high risk to human life, or

2. murders that are not classified as 1st degree murders

Front 30

Elements of voluntary manslaughter

Back 30

1. killing in the heat of passion after adequate provocation from the V
2. the provocation must be such that it would arouse sudden and intense provocation in the mind of an ordinary person such to cause him to lose self control
3. not sufficent time between the provocation and the killing that a ordinary person to cool down
4. the D did not cool down between the provocation and the killing.

Front 31

Elements of voluntary manslaughter

Back 31

1. killing of criminal negligence or
2. misdemeanor manslaughter - killing someone while committing a misdemeanor or uninumerated felony.

Front 32

Elements of false imprisonment

Back 32

Unlawful confinement of a perso nwithout his valid consent.

Front 33

Elements of kidnapping

Back 33

It is the confinement of a person with
1. some movement, or
2. concealment in a secret place

Front 34

Rape - most important thing to remember is?

Back 34

the slightest penetration is rape

Front 35

Statutory rape is what type of crime?

Back 35

Strict liability
- consent not a defense
- mistake of fact not a defense

Front 36

Elements of larceny

Back 36

1. wrongful taking
2. carrying away (asportation) (sightest movement is enough)
3. of property of another
4. by trespass (without permission)
5. with the intent to perinently deprive ( must exist at the time of the taking or is later decides to keep it)
Not larceny when a person take property b/c he believes it is his.
TITLE DOES NOT PASS

Front 37

Elements of embezzelment

Back 37

Fraudulent conversion of perperty of another.
Has lawful possession followed by an illegal conversion.
Usually, a trustee, employee, or agent and does not have to get benefit.

Front 38

Elements of false pretenses

Back 38

D persuades the owner of property to CONVEY TITLE by false pretenses.

Front 39

Element of robbery

Back 39

1. takeing of personal property of another
2. in their presence
3. by force or threat (imminent bodily harm)
4. with the intent to deprive him of it

Front 40

Elements of extortion

Back 40

Knowingly seeking (does not have to take anything in V's presence) to obtain property or services by means of a future threat.

Front 41

Elements of burglary (common law)

Back 41

1. breaking and entering - actual or constructive
a. constructive means fraud or threat
b. wide open = no breaking
2. dwelling of another
3. at night
4. with an intent to commit a felony therein

Front 42

Elements of arson

Back 42

The malicious burning (charing is sufficent) of the dwelling of another.
- malice = no specifice intent
- malice = acting with a reckless disregard of an obvious risk that the structure would burn will suffice for arson culpability.

Front 43

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Back 43

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