Criminal Law (W/ohio Distinctions)

Front 1

Common Law Mental States

Back 1

1. Specific Intent
2. Malice
3. General Intent
4. Strict Liability

Front 2

Specific Intent Crimes

Back 2

1. assault
2. first degree premeditated murder
3. larceny
4. embezzlement
5. false pretenses
6. robbery
7. forgery
8. burglary
9. solicitation
10. conspiracy
11. attempt

Front 3

Defenses to specific intent crimes

Back 3

1. voluntary intoxication
2. unreasonable mistake of fact

Front 4

Malice Crimes

Back 4

1. Common law murder
2 Arson

Front 5

General Intent Crimes

Back 5

1. Battery
2. Forcible rape
3. False Imprisonment
4. Kidnapping

Front 6

Strict liability crimes

Back 6

1. public welfare offenses
2. statutory rape

Front 7

Ohio (MPC) Mental States

Back 7

1. Purpose
2. Knowledge
3. Recklessness
4. Negligence
5. Strict liability

Front 8

Elements of Crimes

Back 8

1. Act or omission
2. Mental state
3. Causation (but for and proximate)
4. Concurrence principle (the defendant must have the required mental state at the SAME TIME as he engages in the culpable act)

Front 9

Common law Battery

Back 9

The unlawful application of force to another resulting in bodily injury or an offensive touching.

Front 10

Common law Assault

Back 10

1. attempted battery
2. reasonable apprehension (the intentional creation, other than by mere words, of a reasonable fear in the mind of the victim of an imminent bodily harm.

Front 11

Ohio assault (no battery)

Back 11

1. Negligent Assault- causing physical harm to another negligently by means of a deadly weapon.

2. Assault- recklessly causing serious physical harm to another or knowingly causing, or attempting to cause, physical harm to another.

3. Felonious Assault- knowingly causing serious bodily harm to another or knowingly causing, or attempting to cause, physical harm to another by means of a deadly weapon.

4. Aggravated Assault- felonious assault caused by sudden passion or rage in response to a serious provocation.

Front 12

First Degree Murder (Ohio)

Back 12

Where a defendant kills purposely:
1. with prior calculation and design (premeditation); OR
2. while committing or attempting to commit an offense that qualifies for felony murder.

Front 13

Second Degree Murder

Back 13

purposeful killing

Front 14

Malice Aforethought

Back 14

1. Intent to kill
2. the intent to inflict serious bodily harm
3. extrem recklessness (reckless indifference to human life) (depraved heart murder).
4. Intentional commission of an inherently dangerous felony (felony murder).

Front 15

Purposeful

Back 15

When it is the defendant's conscious desire to achieve a particular result.

Front 16

Knowledge

Back 16

When the defendant is aware of what he is doing.

Front 17

Recklessness

Back 17

When the defendant is aware of a substantial and unjustifiable risk and consciously disregards that risk.

Front 18

Negligence

Back 18

When the defendant should have been aware of a substantial and unjustifiable risk.

Front 19

Felony Murder

Back 19

Any killing caused during the commission of or attempt to commit a felony.

Ohio limits this to burglary, arson, rape, kidnapping, robbery, escape, terrorism, and trespassing (in a habitation where a person is likely to be present)

Ohio: co-felon is responsible for the another co-felon's death.

Most common limitations: Defendant must be guilty of felony, felony must be inherently dangerous, felony must be independent of the killing, death must be foreseeable, the killing must take place during the felony or during immediate flight from the felony.

Front 20

Voluntary Manslaughter

Back 20

A killing committed intentionally (Ohio: knowingly cause the death of the victim) in the heat of passion upon adequate provocation.

Front 21

Involuntary Manslaughter

Back 21

1. A killing during the commission of a crime to which the felony murder doctrine does not apply. (Ohio: also, a felony to which the felony murder doctrine does apply but where there was no purpose to use force or violence in perpetrating a crime.

2. An unintentional killing committed:
a. with criminal negligence (a gross deviation from a reasonable standard of care) (common law); or
b. recklessness

Ohio: where death proximately results from the defendant's commission of, or an attempt to commit a: 1. misdemeanor; or 2. a regulatory offensive.

Front 22

Reckless Homicide

Back 22

Recklessly causing the death of another.

Front 23

Negligent Homicide

Back 23

1. Causing the death of another person committed while driving negligently; or

2. negligently causing the death of another through the use of a deadly weapon.

Front 24

False Imprisonment (Ohio: Unlawful Restraint)

Back 24

The unlawful confinement of a person without his or her consent.

Front 25

Kidnapping

Back 25

False Imprisonment that involves either moving the victim or concealing the victim in a secret place.

Front 26

Forcible Rape

Back 26

Sexual intercourse without the victim's consent accomplished by 1. Force, 2. threat of force, or 3. when the victim is unconscious.

Front 27

Statutory Rape

Back 27

Sexual intercourse with someone under the age of consent.

Ohio:
1. An individual who has sex with someone under the age of 13 commits the crime of rape; state of mind is irrelevant;

2. An individual, 18 or older, who has sex with someone between the ages of 13 and 15, and or acts knowingly or recklessly with respect to age of the victim, commits the lesser crime of "unlawful sexual contact with a minor."

Front 28

Theft (Ohio)

Back 28

Larceny, embezzlement, false pretenses, larceny by trick.

Front 29

Larceny (Ohio: Theft)

Back 29

1. Trespass
2. Taking
3. Carrying away the
4. personal property
5. of another, with the
6. intent to
7. permanently retain the property

Front 30

Embezzlement (Ohio: Theft)

Back 30

Conversion of the personal property of another by a persona already in lawful possession of that property, with the intent to defraud.

Front 31

False Pretenses (Ohio: Theft)

Back 31

Obtaining title to the personal property of another by an intentional false statement, with the intent to defraud.

Front 32

Robbery

Back 32

A larceny from someone else's person or presence by force or threat of immediate injury (Ohio: possession of a weapon is sufficient; the D need not use or display it).

Front 33

Forgery

Back 33

Making or altering a writing so that it is false with the specific intent to defraud.

Front 34

Larceny by Trick

Back 34

IF the defendant obtains only custody (not title) as a result of the intentional false statement.

Front 35

Burglary

Back 35

Breaking and entering the dwelling of another at night with intent to commit a felony inside.

Ohio: Trespassing in an occupied structure by force, stealth, or deception with the purpose to commit a criminal offense inside. If a deadly force is attempted, threatened or used, the crime is aggravated burglary.

Front 36

Arson

Back 36

The malicious burning of a building.

Front 37

Possession of contraband

Back 37

1. Control for a period of time long enough to have an opportunity to terminate possession; or

2. constructive possession- close enough to exercise dominion and control over the contraband.

Front 38

Receipt of Stolen Property

Back 38

Receiving possession and control of stolen personal property.

Front 39

Accomplice

Back 39

A person who aids or encourages the principal.

Ohio: accomplices commit the crime of Complicity.

Will be guilty of all crimes that he aids or encourages and all other foreseeable crimes committed along with the aided crime.

Front 40

Person is not an accomplice when:

Back 40

1. Mere presence at the scene of the crime

2. Mere knowledge of the crime

3. Victims of crime cannot be accomplices (ie, minors cannot be convicted of selling alcohol to a minor)

Front 41

Withdrawal

Back 41

Encourager: may withdraw simply by repudiating the encouragement before the crime is committed.

Aider: must either neutralize the assistance or otherwise prevent the crime from happening (ie, call the police)

Ohio: It is an affirmative defense to criminal liability that the defendant terminated his complicity prior to the commission of the offense, under circumstances manifesting a complete and voluntary renunciation of the common criminal purpose.

Front 42

Accessory after the fact (Ohio: Obstruction of Justice)

Back 42

A defendant must help a principal who has committed a felony with knowledge that the crime has been committed, and with the intent to help the principal avoid arrest or conviction.

Front 43

Enterprise liability (corporations and their agents)

Back 43

When a corporate agent engages in criminal conduct, both the corporation and the agent may be held criminally liable, provided the agent is acting on behalf of the corporation; and within the scope of his or her office.

Front 44

Solicitation

Back 44

Asking someone to commit a crime, with the intent that the crime be committed.

Front 45

Conspiracy

Back 45

An agreement between two or more people to commit a crime, plus an overt act in furtherance of the crime.

Ohio: a defendant may be guilty of conspiracy even if the other parties are acquitted or were just pretending to agree.

Co-conspirators are vicariously liable for crimes committed in furtherance of the conspiracy's objective AND were foreseeable.

Front 46

Attempt

Back 46

Common law: The defendant must engage in conduct that gets dangerously close to the commission of the crime.

Ohio/MPC/Majority: The defendant must engage in conduct that constitutes a substantial step toward the commission of the crime, provided that conduct strongly corroborates the actor's criminal purpose.

Front 47

Defenses to Crimes

Back 47

Insanity, Voluntary Intoxication, Infancy, Mistake, Self-Defense, Necessity, Duress, and Entrapment.

Front 48

Insanity

Back 48

3 Common tests:

1. M'Naghten Test (Majority/Ohio): The defendant must prove that he either did not know that his conduct was wrong or did not understand the nature of his conduct.

2. Irresistible Impulse Test: The defendant must prove that he either was unable to control his actions, or was unable to conform his conduct to the law.

3. MPR Test: Defendant must establish that he lacked the substantial capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of law.

Front 49

Voluntary Intoxication

Back 49

- only a defense to a specific intent crime
- requires such severe prostration of the faculties that the defendant cannot form the requisite specific intent (high test)

Ohio: Evidence of voluntary intoxication can be introduced only to prove that the defendant was physically incapable of committing the crime, not that he lacked the required mental state.

Front 50

Infancy

Back 50

Most likely a wrong answer.

Common law rule of sevens. Under 7, no crime. Under 14, rebuttable presumption. Over 14, crime.

Front 51

Mistake

Back 51

Depends on the mental state for the crime and whether mistake is reasonable or unreasonable.

1. Specific intent- any mistake of fact (even unreasonable) will be a defense

2. Malice/General intent- only a reasonable mistake will be a defense

3. Strict liability- mistake of fact will never be a defense

Front 52

Self Defense

Back 52

Rule for use of nondeadly force:
- A defendant may use nondeadly force in self defense if it is reasonably necessary to protect against immediate use of unlawful force against himself.

Rule of deadly force:
- A defendant may use deadly force in self defense if he is facing an imminent threate of death or serious bodily harm.

Retreat rule
- Retreat is not required
- OHIO: retreat is required unless Defendant cannot retreat in complete safety or Defendant is in his home

Reasonable mistake is a compete defense

Unreasonable mistake:
- Ohio/Minority- no defense at all
- MPC/Majority- mitigates the offense (manslaughter), but does not exonerate

Front 53

Necessity

Back 53

It is a defense to criminal conduct if the defendant reasonably believes that the conduct was necessary to prevent a greater harm.

Unavailable if defendant causes the death of another person to protect property; or defendant is at fault in creating a situation that creates a choice of evils

Front 54

Duress

Back 54

It is a defense if the defendant was coerced to commit a crime because of a threat, from another person, of imminent death or serious bodily injury to himself or a close family member. (NO DEFENSE TO HOMICIDE)

Front 55

Entrapment

Back 55

If the criminal design originated with the government and the defendant was not pre-disposed to commit the crime.