Mbe Criminal Law

Front 1

What are the elements of duress?

Back 1

1) Threat (A threat by 3rd party)
2) Fear (produces reasonable fear)
3) Imminent danger (that he will suffer immediate,imminent danger)
4) bodily harm (death or serious bodily harm)

Front 2

What are the requirements for self-defense?

Back 2

1) resisting present or imminent unlawful force
2) force must not be excessive
3) must not be deadly force (unless danger being resisted is unlawful)
4) D must not have been the aggressor
Exception:
a) D was a non deadly aggressor confronted with deadly force
b) withdrew after intiial aggression and party continued attack
5) D must not have been in a position from which he could retreat safely
Exception: Unless
a) atack took place in D's dwelling or
b) D used only non deadly force

Front 3

Entrapment

Back 3

1) The government originates the crime and induces the commission and
2) D is an innocent person not predisposed to committing this sort of crime

Front 4

Conspiracy

Back 4

An agreement between two or more person to do either an unlawful act or a lawful act by unlawful means.
Withdrawal NO defense
D is only liable for foreseeable crimes.
NY* Unilateral conspiracy Conspiracy w/o participation not liable.
Withdrawal is a defense ONLY
1. The D voluntarily and completely renounces the solicitation, conspiracy or attempt and
2. The renunciation is based on a change of heart not a fear of failing or being caught.

Front 5

Inchoate Crimes

Back 5

1) Solicitation
2) Conspiracy
3) Attempt

Front 6

Defenses

Back 6

S I I I DE

1) Self Defense
2) Intoxication
3) Infancy
5) Insanity
6) Duress
6) Entrapment

Front 7

Specific Intent Crimes

Back 7

BRAFFLEPACS
1) Burglary
2) Robbery
3) Assault
4) Forgery
5) False Pretenses
6) Larceny
7) Embezzlement
8) Premeditated Murder
9) Attempt
10) Conspiracy
11) Solicitation

Front 8

Malice Crime

Back 8

Arson
Murder

Front 9

Mistake

Back 9

Specific Intent - Any mistake
General Intent - Reasonable mistake
Strict liability - No mistake

NY**A defense if mistake negates mental state

Front 10

Battery

Back 10

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

Front 11

General Intent

Back 11

Battery

Front 12

Murder

Back 12

4 Types
1) Intent to Kill
2) Intent to cause serious bodily harm
3) Depraved heart
4) Felony Murder (BARRK)

Front 13

Voluntary Manslaughter

Back 13

An intentional Killing
committed in a heat of passion
After adequate provocation

Front 14

Mistake of Law

Back 14

Not a Defense
NY** Not a Defense

Front 15

Assault

Back 15

An attempted battery
2. The intentional creation other than by mere words of a reasonable apprehension in the mind of the victim of imminent harm .

NY**Intentionally causing an injury (No Battery). Injury is required.

Front 16

Involuntary Manslaughter

Back 16

UNINTENTIONAL
A killing committed with criminal negligence
A killing committed during a crime if it is not a felony

Front 17

Felony Murder

Back 17

An unintentional killing proximately caused furing the commission or attempted commission of a felony or flight therefrom.

Front 18

CL Felony

Back 18

Burglary
Arson
Rape
Robbery
Kidnapping

Front 19

NY Felony

Back 19

Burglary
Robbery
Arson
Kidnapping
Escape
Sexual Assault

Front 20

False Imprisonment

Back 20

The unlawful confinement of a person without the person’s consent.
With the knowledge that the restriction is unlawful

Front 21

Kidnapping

Back 21

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

Front 22

Larceny

Back 22

a. The trespassory taking and carrying away of the personal property of another with the intent to steal (permanently deprive someone of their property)

Front 23

Embezzlement

Back 23

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

Front 24

False Pretense

Back 24

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

Front 25

Larceny by Trick

Back 25

1. If the defendant obtains only possession of the personal property not title as a result of the intentional false statement the crime is larceny by trick not false pretense

Front 26

Robbery

Back 26

A larceny from another’s person or presence by force or threat of immediate injury.

Front 27

NY Larceny

Back 27

a. Any crime that would be a larceny, embezzlement, false pretense or larceny by trick at common law is considered Larceny in NY.

Front 28

Forgery

Back 28

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

Front 29

Receiving Stolen Property

Back 29

1. The receiving of stolen property
2. Known to be stolen (actual or constructive)
3. With the intent to permanently deprive the owner.

Front 30

Burglary

Back 30

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

Front 31

Arson

Back 31

Malicious burning of a dwelling (Modern view - building)

Front 32

CL Accomplice

Back 32

An individual is criminally liable as an accomplice if he gives assistance (aiding and abetting) or encouragement or fails to act where he has a legal duty to oppose the crime of another

Front 33

NY Accomplice

Back 33

The accomplice, need not be specifically intend that the crime be committed. It is enough if the accomplice specifically intends to aid the principal’s conduct and otherwise has the mental state required for the principal’s crime.

Withdrawal IS a defense
1)voluntarily and completely renounces
2)withdraws prior to commission of the offense and
3) makes a substantial effort to prevent the crime.

Front 34

Solicitation

Back 34

Asking someone to commit a crime with the intent that the crime be committed. Consists of enticing, advising, inciting, inducing, urging, or otherwise encouraging another to commit a felony or breach of the peace.

MERGES

Front 35

Conspiracy - CL

Back 35

An Agreement between two or more people to commit a crime, plus an overt act in furtherance of the crime.
Plurality
Does NOT Merge
No Impossibility Defense
No Withdrawal

Front 36

Attempt

Back 36

Specific Intent
Common law/NY Test: Conduct that gets dangerously close to the commission of the crime (sometimes called the dangerous proximity test)
2. The MPC/Majority Test: Conduct that is a substantial step towards the crime and strongly corruptive of a criminal purpose.

MERGES with completed crimes

NY* Abandonment IS a defense
1) voluntary renunciation
2) avoids commission

Front 37

Factual Impossibility

Back 37

The claim that it was impossible to complete the crime because of some circumstance beyond the defendants control

NOT a defense to Conspiracy

Front 38

Legal Impossibility

Back 38

The claim that it was impossible to complete the crime because what the defendant was trying to do was not illegal.

IS a defense to Attempt

Front 39

M’Naughten Test

Back 39

If the defendant either
Did not know his act was wrong
Or did not understand the nature of his act

Front 40

Irrestible Impulse Test

Back 40

If the defendant either
a) was unable to control his actions
b) was unable to conform his conduct to the law

Front 41

Voluntary Intoxication - CL

Back 41

a. Can be a defense to specific intent crimes if the intoxication prevents the defendant from forming the specific intent
b. Cannot be a defense to malice, general intent, or strict liability crimes. Because you do not need intent for general intent crimes.

Front 42

Involuntary Intoxication

Back 42

Can be a defense to any crime
Treated like mental illness so apply insanity tests
KEY: Intoxication must be completely involuntary

Front 43

Retreat Rule

Back 43

CL/NY Rule: Retreat is required unless:
1) D cannot retreat in completely safety or 2)
D is in his home (castle exception)
3) D is defending against a kidnapping, rape, robbery, arson or burglary.

Front 44

Liability for Co-conspirators

Back 44

A conspirator may be held liable for crimes committed by other conspirators if the crimes 1) were committed in furtherance of the objectives of the conspiracy and 2) were foreseeable.

Front 45

Criminal Facilitation
NY ONLY

Back 45

1) knowingly aided in the commission of a crime but his culpability does not reach accomplice leveel
2) Need only believe that it was probable that he was rendering aid
3) The conduct alleged must have aided in the commission of the object felony

Front 46

NY Solicitation

Back 46

1st degree - D is over 18, the other person is unde 16 and the conduct urged is a class A felony

2nd degree - the conduct urged is a class A felony

3rd degree - the D is over 18 and the peeson is under 16 and conduct urged is a felony

4th degree - the ocnduct urged is a felony or where the D is over 18 the other person is under 16 and conduct urged is a crim
MOST COMMON
5th degree - with the intent that another person engages in conduct constituting a crime, one solicits, requests, commands, or otherwise attempts to cause the other person to engage in such criminal conduct.

Withdrawal IS a defense if
1) volunrtary and completely renounces
2) prevents commission

Front 47

NY Conspiracy

Back 47

1st degree - Same as 1st degree solicitation

2nd degree - same as 2nd degree solicitation

3rd degree - D is over 18, the other person is under 16 and conduct urged is a class B or C felony

4th degree - conduct urged is class B or C felony or where D is over 18 the other party is under 16 and conduct urged is felony

5th degree - Same as 4th degree of solicitation
MOST COMMON
6th Degree - Same as 5th Degree solicitation.

IMPORTANT
Can be convicted even if ALL other parties not criminally liable.

Mere conspiring not enough without participation

Front 48

1st Degree Manslaughter

Back 48

1) Intentionally causing serious bodily harm that results in death
2) Extreme emotional disturbance (heat of passion)
3) Unjustifiable abortional act

Front 49

2nd Degree Manslaughter

Back 49

1) reckless conscious disregard of a substantial risk which causes the death of another person,

Intoxication NOT a defense

2) abortional act
3) Aidiing in suicide

Front 50

NY Limitations on Liability - Special Accomplice Defense

Back 50

An accomplice has an affirmative defense to a felony if
1. He did not commit or aid in commission of the homicidal act
2. He was not armed
3. He had not reasonable grounds to believe others were armed
4. He had no reason to believe any participant intended to engage in conduct likely to result in death.

Front 51

1st Degree Kidnapping

Back 51

1, With intent to compel a 3rd person to pay ransom
2. Restrains the victim for more than 12 hours with the intent to inflict physical injury.
3. The victim dies during the abduction.

Front 52

2nd Degree Kidnapping

Back 52

Abducting someone

Front 53

NY - Larceny

Back 53

Petit - Under $1000
4th degree - Grand Larceny: Over $1000
3rd degree - More than $3000
2nd degree - More than $50K
1st Degree - More than 1 million

Front 54

1st Degree Robbery

Back 54

1. Causes serious physical injury or
2. The D is armed or thretens use of a dangerous instrument

Front 55

2nd Degree Robbery

Back 55

1. D is aided by another who is actually present
2. D or another participant physically injures a non participant
3. Threat or immediate use of physical force.

Front 56

3rd Degree

Back 56

Forcibly stealing property

Front 57

3rd Degree Burglary

Back 57

1. Knowingly entering or remaining unlawfully
2. In a building
3. With the intent to commit a crime therein

Front 58

2nd Degree Burglary

Back 58

1. Building being a dwelling
2. D injuring a nonparticipant
3. D being armed

Front 59

1st Degree Burglary

Back 59

Burglary of a dwelling with any of the aggravating factors of 2nd degree.

Front 60

4th Degree Arson

Back 60

1. Recklessly damaging a building or motor vehicle
2. By intentionally starting a fire or causing an explosion

Front 61

3rd Degre Arson

Back 61

1. Intentionally damaging a building or motor vehucle by intentionally starting a fire/explosion

Front 62

2nd Degree Arson

Back 62

1. Intentionally damaging a building or motor vehicle
2. By intentionally starting a fire
3. With knowledge that a non participant is present in the building or motor vehicle AND circumstances are such that a person's presence therein is a reasonable possibility. (non participant need not be injured)

Front 63

1st Degree Arson

Back 63

1. Intentionally damaging a building or motor vehicle
2. By intentionally causing a fire, or explosion by incendiary devive or explosive device.
3. With knowledge that a non participant is present in the building

Front 64

2nd Degree Murder

Back 64

Intentional to cause death
Highly Reckless Murder
1. Depraved indifference
2. recklessly engages in conduct
3. Creating a grave risk of deatg and
4. Causes death.

Felony Murder - Victim (non participant) was unintentionally killed by Defendant/accomplice during or immediate flight therein.
BARRKS (burglary, arson, rape, robbery, kidnapping, sodomy, sexual assault)

Front 65

1st Degree Murder

Back 65

Intentional Murder with Special Circumstances
1. Police oficer
2. Murder for hire
3. Victim (non participant) was intentionally killed during felony.
4. Torture murder
5. Seial murders
6. Judge
7. D was serving life sentence
8. Victim was family member or witness to a crim.