Mbe - Criminal Law

Front 1

What are the minimum requirements for a charge involuntary manslaughter?

Back 1

To be convicted of involuntary manslaughter, the defendant must, at a minimum, have:
acted recklessly (with a conscious disregard of a substantial and unjustifiable risk of death).

Front 2

Define Malice Aforethought.

Back 2

intent to kill, intent to inflict serious bodily harm, or reckless indifference to an unjustifiably high risk of death (extreme recklessness)

Front 3

Can someone be convicted of murder for attempting to murder someone, who actually dies for another reason?

Back 3

Causal Connection Requirement

No. To be convicted of murder, the defendant's act(s) must have been the actual cause of death.

Front 4

What is the M'Naghten Test?

Back 4

A defendant is relieved of criminal responsibility upon proof that at the time of commission of the act, he was laboring under such a defect of reason from a disease of the mind as not to either:

1. know the nature and quality of the act he was doing or,

2. if he did know it, he did not know that what he was doing was wrong.

Front 5

What is the ALI/MPC Test of Insanity?

Back 5

Not responsible for criminal conduct if at the time of the conduct as result of mental disease or defect they lacked the mental capacity to:

1. Appreciate the criminality or wrongfulness of their conduct, OR;

2. to reform their conduct to the requirements of the law.

Front 6

What Elements are required for Conspiracy?

Back 6

1. unlawful criminal combination between two or more people,

2. who enter into an agreement,

3. with the specific intent to commit an unlawful act or a lawful act by unlawful means

Front 7

What is the Majority Rule regarding Felony Murder when a non-felon justifiably kills a co-felon?

Back 7

The majority of jurisdictions will not impose liability on a felon when a non-felon justifiably kills a co-felon.

A possible explanation for this general rule is that a justified killing does not constitute murder, and, hence, felony murder does not apply.

Front 8

Who bears the burden of proof on a "consent" defense to a charge of rape?

Back 8

The prosecution must prove beyond a reasonable doubt that a defendant is guilty of each element of the crime charged to satisfy the due process requirement of a fair trial

Lack of consent is an element of the offense of rape. Therefore, any jury charge that puts on the defendant any burden to disprove the existence of an element of the offense is reversible error.

Front 9

Can a defendant be found guilty of both Solicitation and Conspiracy?

Back 9

No.

The offense of "solicitation" merges into the crime of "conspiracy."

Therefore, if a defendant is found guilty of conspiracy, he cannot also be found guilty of solicitation.

Front 10

Is rape a general or specific intent crime?

Back 10

General Intent.

Front 11

Can "mistake of fact" be a valid defense to a "general intent" crime?

Back 11

Yes, if the mistake of fact is reasonable.

Front 12

Can "mistake" be a valid defense for a specific intent crime?

Back 12

Yes, as long as the mistake is HONEST.

Note: doesn't matter if it is reasonable or unreasonable (such as with general intent crimes), just that it's an "honest" mistake.

Front 13

When is a person privileged to use "deadly force" in self-defense?

Back 13

(1) reasonably believes that he is in IMMEDIATE danger of death or serious bodily injury, AND

(2) the use of such force is NECESSARY to avoid this danger.

Front 14

What are the elements of larceny by trick?

Back 14

1. Taking by trickery or false representation,

2. Carrying Away (asportation),

3. Tangible Personal Property,

4. Of Another,

5. With INTENT to permanantly deprive them thereof.

Front 15

What are the elements of embezzlement?

Back 15

1. Fraudulent conversion or misappropriation,

2. Property of Another,

3. By one who is already in lawful possession.

(note: b/c of element 3, it cannot coincide w/ larceny)

Front 16

What are the elements of robbery?

Back 16

Similar to larceny w/ 2 added elements:

1. Taking personal property of another,

2. From the person, or presence (w/in their control) of the person,

3. accomplished by force, violence, intimidation, or threat of violence,

4. Intent to permanently deprive thereof.

(Felony)

Front 17

What are the elements of the crime "Receiving Stolen Property?"

Back 17

1. Receipt of property,

2. Known to be stolen,

3. With intent to permanently deprive the owner thereof

(Note: remember congruence...all of these elements must happen at same time, or not guilty of the crime)

Front 18

What is required for "Involuntary Manslaughter?"

Back 18

1. An unintentional killing,

2. Without malice aforethought,

3. Caused either by criminal negligence, or during the commission, or attempted commission, of an unlawful act.

Front 19

What is "Criminal Negligence?"

Back 19

1. Conduct creates a high degree of risk,

2. Of death or serious injury,

3. Beyond the standard of ordinary reasonable care

Essentially: Grossly Negligent Conduct.

That is, greater than ordinary negligence, BUT less than the wantonness which would support a murder charge (depraved heart).

Front 20

For what crimes is a "reasonable" mistake of fact a defense?

Back 20

If mistake of fact is reasonable, it is a defense to:

1. General Intent Crimes, and

2. Malice Crimes

Front 21

For what class of crimes is an "honest" mistake of fact a defense?

Back 21

An honest mistake of fact is a defense to:

1. Specific Intent Crimes

Front 22

What is the common law definition of Arson?

Back 22

1. Malicious
(need not intend to burn, only action w/ subst. risk of burning)

2. Burning (not just blackening)

3. Dwelling house

4. Of Another

Front 23

Under what circumstances can voluntary intoxication mitigate murder to manslaughter?

Back 23

NEVER.

Voluntary intoxication will never mitigate murder to manslaughter.

It may reduce first-degree murder to second-degree murder if the intoxication negates the defendant's premeditation, deliberation, or intent.

Front 24

To prove a malice crime (malicious destruction of property, etc.), what type of conduct is sufficient to satisfy the "malice" requirement?

Back 24

Reckless conduct satisfies the malice requirement.

Front 25

Under the common law, when can a place of business satisfy the "dwelling place" requirement?

Back 25

When it is connected, or attached to a residence, such as an upstairs apartment above the business, etc.

“a place of business used only during the day will not qualify as a ‘dwelling place,’ but if it is attached to a residence it will." – LaFave

Front 26

If a person takes the property of another, with the intent to return it to the owner upon payment of a reward, is the person guilty of Larceny?

Back 26

Yes.

it is no defense to larceny that the taker intended to return the asported property (i.e., the stolen property), only if he should receive a reward for its return.

Front 27

What is a possible defense to the common law Felony Murder rule where a co-conspiritor has not renounced the felony prior to the death of another during the commission of the target felony?

Back 27

A possible, but not always viable, defense to the charge of felony murder is to argue that:

The killing was not committed in furtherance of the underlying felony contemplated in the conspiracy.

Front 28

What are some common "Specific Intent" crimes?

Back 28

1. Murder

2. Attempt

3. Conspiracy

4. Larceny

5. False Imprisonment

Front 29

What are the required elements for the crime of "Robbery?"

Back 29

Robbery consists of all 6 elements of larceny, plus 2 additional elements:

1. Tresspassory,

2. Taking,

3. Carrying away,

4. Personal Property,

5. Of Another,

6. With intent to permanently deprive (Steal),

7. [Robbery] – accomplished by force, violence, or intimidation, and

8. [Robbery] – taking must be from the victim’s person or presence.

Front 30

What are the elements of the crime of "Attempt?"

Back 30

(1) intent to do an act or bring
about certain consequences which would, in law, amount to a crime; and

(2) an act in furtherance of that intent which goes beyond mere preparation.

Front 31

What is the difference between having "custody" and having "possession" over an item that an accused steals

Back 31

Person has custody and steals the item --> Larceny

Person has possession, and steals the item --> Embezzlement

Front 32

What types of homicide are classified as first-degree murder?

Back 32

In most states:

1. Intent to kill murder (premeditated & deliberation), and

2. Felony Murder (Burglary, Arson, Rape, Robbery, Kidnapping)

Note: Murder not falling into one of the two above named categories, is generally second-degree murder.

Front 33

At common law, what is required for the "breaking" element of burglary?

Back 33

At common law, "breaking" meant that the defendant created a breach or opening;

Note: If the defendant merely took advantage of an opening left by the occupants, such as an unlocked, ajar door or window, there was no "breaking."

Front 34

Is solicitation a general, or specific, intent crime?

Back 34

Specific Intent.

Solicitor must INTEND that the person solicited commit acts that amount to a crime.