Jvw Criminal Law Mbe

Front 1

Types of Crime

Felony

Back 1

Crimes punishable by death or imprisonment for more than 1 year

Front 2

Types of Crime

Misdemeanor

Back 2

Crimes punishable by less than 1 year imprisonment or fine only

Front 3

Types of Crime

Malum Prohibitum

Back 3

Act wrong as violative of statute

Front 4

Types of Crime

Malum in Se

Back 4

Inherently wrong act

Involves general intent or moral turpitude

Front 5

Double Jeopardy - exception

Back 5

if two states have jurisdiction, both may charge and no double jeopardy

Front 6

Actus Reus

Back 6

i. voluntary act; or
ii. omission to act where D had legal duty to act; or
iii. vicarious liability for act of another

Front 7

Actus Reus - omission liability if

Back 7

i. duty to act

ii. D can physically perform

Front 8

Legal Duty to Act

Back 8

i. statute (tax return)
ii. contract (lifeguard, nurse)
iii. special relationship (child/parent)
iv. voluntary undertaking (rescue)
v. D creates risk of peril to another

Front 9

Involuntary Acts

Back 9

i. reflexive
ii. unconscious

**but habit (smoking) isn't involuntary

Front 10

Specific Intent Crimes

Back 10

Solicitation, Conspiracy, Attempt
False Pretenses
Forgery
Larceny/Robbery
Embezzelment
Burglary
Assault
1st Degree Murder

Front 11

Voluntary Intoxication

Back 11

Valid defense against specific intent crimes

Front 12

Involuntary Intoxication

Back 12

Valid defense to ALL crimes

Front 13

Mistake of Fact

Back 13

i. defense to specific intent if genuine
ii. defense to other crimes if reasonable and genuine

Front 14

Mistake of Law

Back 14

Effective if knowledge of law is an element

Effective if D relies on official interpretation

Front 15

Malice Crimes

Back 15

i. Arson

ii. Common law / 2nd degree murder

Front 16

General Intent Crimes

Back 16

i. battery
ii. rape
iii. kidnapping
iv. false imprisonment
v. involuntary manslaughter
vi. depraved heart murder

Front 17

Strict Liability Crimes

Back 17

i. regulatory offenses
ii. public welfare offenses
iii. morality crimes (e.g. statutory rape, bigamy)
iv. selling liquor to minors

Front 18

Actual Cause

Back 18

"but for"

Front 19

Proximate Cause

Back 19

foreseeable result

Front 20

Common law murder

Back 20

unlawful killing of another with malice aforethought

Front 21

Types of Murder

Back 21

i. intent to kill
ii. intent to cause GBH
iii. depraved heart
iv. felony murder

Front 22

Felony Murder - what felonies?

Back 22

i. Burglary
ii. Arson
iii. Rape
iv. Robbery
v. Kidnapping

Front 23

Intent to Kill Murder

Back 23

- intent may be inferred from use of deadly weapon
- deadly weapon is one which is calculated to produce death or GBH

Front 24

Depraved Heart Murder

Back 24

unintentional killing of another resulting from conduct involving wanton indifference or conscious disregard

Front 25

Voluntary Manslaughter

Back 25

Intentional killing mitigated by adequate provocation (passion)
- reasonable person standard
- no cooling off period

Front 26

Involuntary Manslaughter

Back 26

Killing committed in the course of a misdemeanor or while criminally negligent

Front 27

Assault

Back 27

attempted battery

threat to commit a PRESENT battery

- promise of future action not an assault

specific intent crime

Front 28

Battery

Back 28

unlawful application of force to the person of a victim

Front 29

Kidnapping

Back 29

unlawful
restraint
by force or show of force
so as to send V to another location
**even some movement against V's will is enough

Front 30

Rape

Back 30

intercourse by force or threat of force without V's consent

Front 31

Statutory Rape

Back 31

sexual contact by adult with minor
- NO consent defense

Front 32

Larceny

Back 32

i. taking, carrying away of property
ii. trespass
iii. intent to permanently deprive

**if D intends to return unconditionally within reasonable time, no intent to deprive

Front 33

Embezzlement

Back 33

i. fraudulent conversion
ii. property of another
iii. by someone in lawful possession

**must have authority over property

Front 34

Robbery

Back 34

i. taking from a person or their presence
ii. by force or violence or threat of violence
iii. with intent to permanently deprive

Front 35

False Pretenses

Back 35

Actually takes title - distinguished from larceny
false representation of present or past material fact that D knows to be false

Front 36

Larceny by Trick

Back 36

Title DOESN'T pass

Misrepresentation by D

Front 37

Receiving Stolen Property

Back 37

i. receiving stolen property
ii. known to be stolen
iii. intent to permanently deprive

**honest but unreasonable belief may prevent conviction

Front 38

Burglary

Back 38

i. breaking and entering
ii. dwelling of another
iii. at night time
iv. intent to commit felony therein

Front 39

Arson

Back 39

i. malicious burning
ii. dwelling house of another

**STRUCTURE at least charred, blackened not enough

Front 40

Solicitation

Back 40

asking or encouraging another to commit a crime

*merges into crime if you are a party to offense
**solicit undercover cop, still solicitation

Front 41

Conspiracy

Back 41

i. two or more person with capacity agree to commit crime
ii. with INTENT to agree
**overt act (preparation) required

Front 42

Conspiracy - liability

Back 42

liable for conspiracy and all foreseeable crimes in furtherance

Front 43

Conspiracy - withdrawal

Back 43

- once overt act, cannot avoid conspiracy liability

- if withdraw, may limit future culpability
- must communicate withdrawal to all co-conspirators

Front 44

Attempt

Back 44

- specific intent to commit crime
must take substantial step toward completion
*preparation not enough
***attempt merges with committed crime

Front 45

Attempt - abandonment

Back 45

NOT a defense
- once take substantial step, D is guilty of attempt

Front 46

Principal in 1st Degree

Back 46

- present at crime and commits at least one element

Front 47

Principal in 2nd Degree

Back 47

- present at crime but doesn't commit element
e.g. driver, look-out

Front 48

Accessory Before the Fact

Back 48

- aid, abet, counsel or encourage commission of crime
- not at scene of crime

Front 49

Accessory After the Fact

Back 49

i. completed felony committed
ii. A knew of commission
iii. A gave aid to felon
**this is a specific intent crime of its own

Front 50

General Accomplice Liability

Back 50

- act with intent that crime be committed
- liable for crime and any foreseeable consequences

Front 51

Insanity

Mc'Naughton Test

Back 51

defect of reason or disease of mind, didn't know what he was doing was wrong

**focus on awareness

Front 52

Insanity

Irresistible Impulse

Back 52

mental disease caused sudden urge to commit crime

**focus on control

Front 53

Insanity

Durham Test

Back 53

crime was product of mental disease (wouldn't have been committed but for...)
**causal link between crime and illness

Front 54

Insanity

MPC Test

Back 54

as a result of disease or defect, couldn't appreciate wrongfulness or conform conduct to law

Front 55

Self Defense

Back 55

i. reasonable belief
ii. self or other in imminent danger of unlawful bodily harm
iii. may use such force reasonably necessary to prevent

Front 56

Defense of Property

Back 56

Deadly force never OK

Front 57

Private Citizen Law Enforcement

Back 57

Citizen may use non-deadly force to prevent a breach of peace crime

May use deadly force as a cop would if dangerous felony and person actually guilty

Front 58

Duress

Back 58

- If D reasonably believes the only way to avoid unlawful threats of GBH or imminent death is to engage in unlawful conduct
**No excuse to killin

Front 59

Entrapment

Back 59

Only a defense if D is in no way predisposed to commit the crime