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63 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is considered a felony in NC?
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any crime that (i) was a felony at common law, (ii) punishable by death, (iii) punishable by imprisonment in NC prison, (iv) made a felony by statute. Doesn't look at length of punishment.
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What are the essential elements of a crime?
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Physical Act
Mental State Causation Concurrence of the physical act and mental state |
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What are the 4 common law mental states?
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Specific intent
General intent Malice Strict liability |
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What are the 11 specific intent crimes?
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a) Assault
b) First degree premeditated murder c) Larceny d) Embezzlement e) False pretenses f) Robbery g) Forgery h) Burglary i) Solicitation j) Conspiracy k) Attempt |
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What is a specific intent crime?
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When the crime requires not just the desire to do the act, but also the desire to achieve a specific result.
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What is malice?
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When a defendant acts intentionally or with reckless disregard of an obvious or known risk
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What are the common law malice crimes?
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Murder
Arson |
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What is general intent?
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The defendant need only be generally aware of the factors constituting the crime; he need not intend a specific result. Jury can usually infer the general intent simply from doing the act.
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What are the common law general intent crimes?
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a) Battery
b) Rape c) Kidnapping d) False imprisonment |
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What is strict liability?
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When the crime requires simply doing the act; no mental state is needed
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What is the rule regarding mistake of fact? (reasonable & unreasonable)
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A reasonable mistake will be a defense to any crime except a crime of strict liability
An unreasonable mistake will be a defense only to specific intent crimes |
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When will mistake of law be a defense?
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Mistake of law is not a defense
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What are the Model Penal Code mental states?
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Purposely - when it is the defendant's conscious object to accomplish a particular result. (In other words, what the defendant meant to do).
Knowingly - when the defendant is aware of what he is doing. Recklessly - when the defendant is aware of a substantial and unjustifiable risk, and consciously disregards that risk. Negligently - when the defendant should have known about a substantial and unjustifiable risk. Strict liability - no mental state required |
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What are the requirements for adequate causation?
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Actual causation
Proximate causation |
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What is concurrence?
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The defendant must have the mental state at the same time as he engages in the act.
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What is the common law definition of battery?
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a. The unlawful
b. Application of force to another c. Resulting in either 1) Bodily injury, or 2) An offensive touching |
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What is the common law definition of assault?
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a. Version #1 - an attempted battery
b. Version #2 1) The intentional creation 2) Other than by mere words 3) Of a reasonable fear in the mind of the victim 4) Of imminent bodily harm |
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What is the common law definition of murder?
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1) Causing the death
2) Of another person 3) With malice aforethought |
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What is malice aforethought?
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1) Intent to kill
2) Intent to inflict great bodily harm 3) Extreme recklessness ("abandoned and malignant heart" or "depraved heart" murder) 4) Felony murder |
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What is 1st degree murder?
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any killing committed with
a) Premeditation, and b) Deliberation |
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What is voluntary manslaughter?
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1) An intentional killing
2) Committed in the heat of passion 3) After adequate provocation, which has two main components: a) Provocation that would arouse a sudden and intense passion in the mind of an ordinary person; and b) The defendant did not have time to cool off. NC - words are never enough. |
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What is involuntary manslaughter?
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A killing committed with criminal negligence, or
A killing committed during a crime if it is not felony murder (sometimes called "misdemeanor manslaughter") |
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What is felony murder?
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Any killing caused during the commission of or attempt to commit a felony.
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When is independent proof of the felony unnecessary in NC?
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When D confessed to the murder and there are sufficient facts to support the existence of the felony
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What are the limitations on felony murder?
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1) Defendant must be guilty of the underlying felony
2) The felony must be inherently dangerous 3) The felony must be separate from the killing itself (aggravated battery cannot be the underlying crime). 4) The killing must be during the felony or during immediate flight of the felony. 5) The killing must be in furtherance of the felony. 6) The death must be foreseeable 7) The victim must not be a co-felon |
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What is false imprisonment?
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1) The unlawful
2) Confinement of a person 3) Without his consent |
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What is kidnapping?
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1) False imprisonment
2) That involves either moving the victim or concealing the victim in a secret place. |
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How does NC kidnapping differ from common law?
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It's a specific intent crime in NC. Act of confinement, restraint or removal for the purpose of:
1. Ransom, 2. Hostage or shield, 3. Commission/flight from felony, 4. Infliction serious bodily harm, or 5. Involuntary servitude |
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What is forcible rape?
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1) Sex
2) Without the victim's consent 3) Accomplished a) By force, or b) By threat of force, or c) When the victim is unconscious. |
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What is statutory rape?
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1) Sex
2) With someone under the age of consent. |
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What is larceny?
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The trespassory taking and carrying away of the personal property of another, with the intent to steal it.
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What is embezzlement?
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Conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud.
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What is false pretenses?
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Obtaining title to the personal property of another by an intentional false statement, with the intent to defraud.
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What is false pretenses in NC?
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1) A false representation of a fact or regarding a future fulfillment or event
2) Made with intent to deceive 3) Which does deceive and 4) By which the perpetrator obtains value. |
Since false pretenses does not require obtaining title in NC, there is need to distinguish larceny by trick as there is at common law
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What is larceny by trick?
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if the defendant obtains only possession as a result of the intentional false statement
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What is robbery?
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1) A larceny
2) From another's person or presence 3) By force or threat of immediate injury. |
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What is Armed Robbery in NC?
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1) Taking or attempting to take
2) the personal property of another 3) by force or threat of force 4) with a deadly weapon 5) used to endanger the life of the victim |
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What is receipt/possession of stolen property?
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a. Receiving possession
b. Of stolen property c. With knowledge that it was stolen |
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What is forgery?
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a. Making or altering a writing
b. So that it is false c. With the intent to defraud |
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What is uttering?
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a. Offering as genuine
b. A forged instrument c. With the intent to defraud |
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What is malicious mischief?
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a. Destroying or damaging someone else's property
b. With malice (intent + recklessness) |
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What is common law burglary?
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breaking and entering the dwelling of another at night with the intent to commit a felony therein.
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What is the definition of arson?
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a. The malicious burning of a building
b. Mental state - malice (intentionally or recklessly) c. Burning - requires the material wasting of the structure (scorching is not enough, some part of the building must actually be burned up; blackening is enough) |
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How does an encourager accomplice withdraw?
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an accomplice who only encouraged the principal may withdraw simply by discouraging the crime (before it is committed)
In NC, must renounce the common purpose and make it plain to the others that he has done so and will not participate further. |
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How does an aiding accomplice withdraw?
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an accomplice who actually helped the principal must either neutralize the assistance or prevent the crime from happening (including notifying the authorities)
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How does one become an accessory after the fact?
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to commit the separate common law offense of being an accessory, a defendant must
a. Help a principal who has committed a felony b. With knowledge that the crime has been committed and c. With the intent to help the principal avoid arrest or conviction |
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What are the 3 inchoate offenses?
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Solicitation
Conspiracy Attempt |
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What is solicitation?
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Asking someone to commit a crime, with the intent that the crime be committed.
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What is conspiracy?
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An agreement between two or more people to commit a crime, plus an overt act in furtherance of the crime (NC does not require an overt act!)
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What are the two tests for the act of an attempted crime? Which test does NC follow?
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The MPC/majority test - conduct that is a substantial step toward the crime and strongly corroborative of a criminal purpose.
Common law test - conduct that gets dangerously close to the commission of the crime (sometimes called the proximity test) (NC rule!) |
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What effect does acquittal have on conspiracy at common law? MPC?
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CL - If all other parties are acquitted, D cannot be charged with conspiracy
MPC - no effect, unilateral conspiracy |
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What is the mental state necessary to attempt to commit a crime?
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specific intent to commit the crime.
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What does the Wharton Rule say?
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When two or more people are necessary for the commission of a substantive offense, there is no conspiracy unless more parties participate in the agreement than are necessary for the crime
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Is factual or legal impossibility a defense to attempt?
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legal impossibility is a defense to attempt.
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What is the Pinkerton rule?
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A conspirator is liable for other crimes committed by his co-conspirators that are:
1) in furtherance of the conspiracy's objective and 2) foreseeable |
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What inchoate offenses merge with the completed crime?
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Solicitation and attempt merge with the completed crime (and with each other)
Conspiracy does not merge. |
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What is never a defense to a charge of conspiracy?
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Impossibility
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What is the first requirement for the insanity defense?
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The first requirement for the insanity defense is that the defendant must have a mental disease or defect.
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What are the 4 tests used to gauge whether the mental disease/defect renders the defendant legally insane?
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1) M'Naghten Test (NC follows!) - if the defendant either
a) Did not know his act was wrong or b) Did not understand the nature of his act. 2) Irresistible Impulse Test - if the defendant either a) Was unable to control his actions or b) Was unable to conform his conduct to the law. 3) Durham Test - if the defendant's conduct was the product of his mental illness. 4) MPC Test - if the defendant lacked the substantial capacity to either a) Appreciate the criminality of his conduct or b) Conform his conduct to the law. |
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How is incompetency distinguished from insanity?
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Incompetent = defendant insane at trial, but sane when committed the crime.
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What are the rules regarding involuntary intoxication as a defense?
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1) Can be a defense to any crime.
2) Treated like a mental illness, so apply insanity tests. Key - intoxication must be completely involuntary. |
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What are the rules regarding voluntary intoxication as a defense?
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1) Can be a defense to specific intent crimes, if the intoxication prevents the defendant from forming the specific intent.
2) Cannot be a defense to malice, general intent, or strict liability crimes. |
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What is entrapment?
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The criminal design originated with the government, and
The defendant was not predisposed to commit the crime. |
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