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14 Cards in this Set
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CRIMINAL LAW
Level 1 - (6) |
1. General Principles (2)
2. Crimes Against the Person (2) 3. Crimes Against Habitation (2) 4. Theft Crimes (6) 5. Inchoate Crimes (4) 6. Defenses (3) |
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CRIMINAL LAW
Level 2 - General Principles (2) |
1. GENERAL ELEMENTS OF A CRIME:
--->(a) Actus Reus (An Act) ---> (1) All crimes require a voluntary act ---> (2) Exception - Omissions if: (i) Special relationship (ii) Statutory (iii) Contractual (iv) voluntary undertaking (v) Creation of Peril --->(b) Mens Rea (Mental State) --->C.L.: (i) Specific Intent (ii) General Intent (iii) Malice/Reckless --->Model Penal Code (i) Purposefully (ii) Knowingly (iii) Recklessly (iv) Negligently --->(c) Concurrence (Actus Reus + Mens Rea) - MUST occur together. 2. MENTAL STATES: --->SPECIFIC INTENT --->Inchoate Offenses (Attempt Crimes) --->1st Degree Murder (created by statute) --->Assault --->All CL Felonies Against Property ---> (i)Habitation ---> (ii) Theft --->GENERAL INTENT (all others unless S.L.) --->Battery --->Rape --->Kidnapping --->False Imprisonment --->MALICE / RECKLESSNESS --->2nd Degree Murder --->Arson --->Mayhem --->STRICT LIABILITY (convicted if proven you committed the act - removes Mens Rea requirement, Intent is irrelevant. --->Statutory Rape --->Selling Liquor to a Minor --->Bigamy |
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CRIMINAL LAW
Level 2 - Against the Person (2) |
1. HOMICIDE
2. NON-HOMICIDE: --->Assault & Battery --->Mayhem --->False Imprisonment --->Kidnapping --->Rape |
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CRIMINAL LAW
Level 2 - Against Habitation (2) |
(1) BURGLARY
⇛Breaking, entering, of a dwelling of another (used for sleeping), of another, at nightime, with intent to commit a felony therein. (2) ARSON ⇛Malicious, burning of the dwelling house of another. |
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CRIMINAL LAW
Level 2 - Theft Crimes (6) |
(1) LARCENY
⇛Trespassory taking, carrying away, personal property of another, specifically intended to permanently deprive victim of his interest. ⇛Larceny by Trick - If the victim is tricked - by a misrepresentation of fact - into giving up mere possession of property, the crime is larceny by trick. (2) EMBEZZLEMENT ⇛Fraudulent, conversion, of personal property, of another, by a person in lawful possessionof that property. (3) FALSE PRETENSE ⇛Obtaining title, to personal property of another, by an intentional false statement of past or existing fact, with intent to defraud the other. ⇛If the victim is tricked into giving up title to property, the crime is false pretenses. (4) ROBBERY ⇛A trespassory taking and carrying away, of personal property of another, from the other's person or presence, by force or threats of immediate death or physical injury, with specific intent to permanently deprive the victim of his interest. (5) EXTORTION ⇛Obtaining property, of another, by means of future threats. (6) RECEIPT OF STOLEN PROPERTY ⇛Receiving possession and control, of stolen personal property, known to have been obtained in a manner constituting a criminal offense, by another person, with intent to permanently deprive the owner of his interest. |
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CRIMINAL LAW
Level 2 - Inchoate Offenses (4) |
(1) SOLICITATION
⇛Intent to induce another to commit a crime. (2) CONSPIRACY ⇛Agreement between two or more people to commit an unlawful act. ⇰⇰C.L. Requires - Agreement, Intent to agree, Intent to achieve the unlawful purpose, An overt act in furtherance. (3) CONSPIRACY vs. ACCOMPLICE LIABILITY ⇛Applies to persons accountable for a crime committed by another, whether or not they were part of a conspiracy or were present at the time the crime was committed. ⇰⇰Requires ACTIVE aiding and intent. (4) ATTEMPT & IMPOSSIBILITY ⇛Attempt - A substantial act toward the perpetration of an intended crime. ⇰⇰Requires - Specific intent to commit a crime and a substantial step beyond mere preparation. ⇛Factual Impossibility - A mistake concerning an issue of fact that makes commission of the crime impossible. ⇛Legal Impossibility - A mistake about how an offense is defined. Dft engages in conduct he believes is illegal but is not. |
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CRIMINAL LAW
Level 2 - Defenses (3) |
(1) RESPONSIBILITY & CAPACITY
⇛(1) INSANITY - (4) ⇰⇰(a) M'Naghten ⇰⇰(b) Irresistible Impulse ⇰⇰(c) Durham ⇰⇰(d) ALI / MPC ⇛(2) INTOXICATION - (2) ⇰⇰(a) Voluntary ⇰⇰(b) Involuntary ⇛(3) INFANCY - (2) ⇰⇰(a) Under 7 ⇰⇰(b) Under 14 ⇛(4) DIMINISHED CAPACITY ⇰⇰(a) Only for Specific Intent crimes (2) JUSTIFICATION ⇛(1) SELF-DEFENSE ⇰⇰(a) Non-Deadly Force ⇰⇰(b) Deadly Force ⇛(2) NECESSITY & DURESS ⇰⇰(a) Necessity ⇰⇰(b) Duress (3) EXCUSES ⇛(1) MISTAKE OF FACT ⇛(2) MISTAKE OF LAW ⇛(3) CONSENT ⇛(4) ENTRAPMENT |
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CRIMINAL LAW: General Principles - General Elements of a Crime
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GENERAL ELEMENTS OF A CRIME:
(1) ACTUS REUS (An Act) ⇛(a) All crimes require a voluntary act ⇛(b) Exception - Omissions if: ⇰⇰(i) Special relationship ⇰⇰(ii) Statutory ⇰⇰(iii) Contractual ⇰⇰(iv) voluntary undertaking ⇰⇰(v) Creation of Peril (2) MENS REA (Mental State) ⇛C.L.: ⇰⇰(i) Specific Intent ⇰⇰(ii) General Intent ⇰⇰(iii) Malice/Reckless ⇛MODEL PENAL CODE ⇰⇰(i) Purposefully ⇰⇰(ii) Knowingly ⇰⇰(iii) Recklessly ⇰⇰(iv) Negligently (3) CONCURRENCE (Actus Reus + Mens Rea) - MUST occur together. (4) CAUSATION |
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CRIMINAL LAW: General Principles - Mental States
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MENTAL STATES:
(1) SPECIFIC INTENT ⇛Inchoate Offenses (Attempt Crimes) ⇛1st Degree Murder (created by statute) ⇛Assault ⇛All CL Felonies Against Property ⇰⇰(i)Habitation ⇰⇰(ii) Theft (2) GENERAL INTENT (all others unless S.L.) ⇛Battery ⇛Rape ⇛Kidnapping ⇛False Imprisonment (3) MALICE/ RECKLESSNESS ⇛2nd Degree Murder ⇛Arson ⇛Mayhem (4) STRICT LIABILITY (convicted if proven you committed the act - removes Mens Rea requirement, Intent is irrelevant.) ⇛Statutory Rape ⇛Selling Liquor to a Minor ⇛Bigamy |
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CRIMINAL LAW: Crimes Against the Person - Homicide
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HOMICIDE
⇛Killing of a human being caused by another ⇰⇰CAUSATION - (2) ⇨⇨⇨(a) Actual cause - but for . . . & ⇨⇨⇨(b) Proximate cause - it's foreseeable (watch out for when victim commits suicide) ⇰⇰MENS REA (Malice) - (4) ⇨⇨⇨(a) Intent to kill (substantial certainty that death will occur) or ⇨⇨⇨(b) Intent to do serious bodily injury, or ⇨⇨⇨(c) Wanton/depraved heart (Reckless indifference) or ⇨⇨⇨(d) Felony Murder - (5) ↠↠↠↠(i) Death caused in commission or attempt of inherently dangerous felony (majority - any dangerous felony) ↠↠↠↠(ii) Malice is implied from intent to commit underlying felony ↠↠↠↠(iii) Killing must be foreseeable ↠↠↠↠(iv) Inherently dangerous felonies - (8) ⇶⇶⇶⇶⇶(1A) Burglary ⇶⇶⇶⇶⇶(2A) Arson ⇶⇶⇶⇶⇶(3A) Rape ⇶⇶⇶⇶⇶(4A) Robbery ⇶⇶⇶⇶⇶(5A) Mayhem ⇶⇶⇶⇶⇶(6A) Kidnapping ⇶⇶⇶⇶⇶(7A) Sodomy ⇶⇶⇶⇶⇶(8A) Sexual Molest ↠↠↠↠(v) Defenses to FM - (5) ⇶⇶⇶⇶⇶(1A) Defense to underlying felony ⇶⇶⇶⇶⇶(2A) Killing must be forseeable ⇶⇶⇶⇶⇶(3A) Point of temporary safety ⇶⇶⇶⇶⇶(4A) Redline Rule - (dft not liable for death of co-felon by cop/victim) ⇶⇶⇶⇶⇶(5A) Felony must be independent of the killing ⇛IF MALICE - (3) ⇰⇰(a) FIRST DEGREE - (4) ⇨⇨⇨(i) FM or ⇨⇨⇨(ii) Premediatation or ⇨⇨⇨(iii) Poison/Bomb/Torture/Ambush ⇨⇨⇨(iv) Specific Intent Defenses - (2) ↠↠↠↠(1A) Voluntary intoxication ↠↠↠↠(2A) Any mistake of fact ⇰⇰(b) SECOND DEGREE - (voluntary killing w. malice)-(3) ⇨⇨⇨(i) All murder not elevated by statute to 1st degree (i.e., everything other than 1st degree) ⇨⇨⇨(ii) Old CL dffn.: Killing "with malice" the "malice" is anything not 1st degree murder ⇨⇨⇨(iii) No specific intent defense ⇰⇰(c) DEFENSES - (3) ⇨⇨⇨(i) Justification - (3) ↠↠↠↠(1A) Defense of self or other or ↠↠↠↠(2A) Crime Prevention or ↠↠↠↠(3A) Necessity ⇨⇨⇨(ii) Excuse - (3) ↠↠↠↠(1A) Infancy ↠↠↠↠(2A) Insanity ↠↠↠↠(3A) Intoxication ⇨⇨⇨(iii) Mitigation - (down to voluntary manslaughter) - (4) ↠↠↠↠(1A) Heat of Passion - adequate provocation gave rise to heat of passion with no adequate cooling off period & defendant did not cool off) or ↠↠↠↠(2A) Imperfect Self-Defense or ↠↠↠↠(3A) Mistaken Justification or ↠↠↠↠(4A) Diminished Capacity - (DON'T USE) ⇛(3) IF NO MALICE - Involuntary Manslaughter - (2) ⇰⇰(a) Criminal Negligence ⇰⇰(b) Misdemeanor Manslaughter |
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CRIMINAL LAW: Crimes Against the Person - Non-Homicide
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NON-HOMICIDE
⇛(1) ASSAULT & BATTERY ⇰⇰ASSAULT - Assault is either (i) an attempt to commit a battery or (ii) the intentional creation - other than by mere words - of a reasonable apprehension in the mind of the victim of imminent bodily harm. ⇰⇰BATTERY - An unlawful application of force to the person of another resulting in either bodily injury or an offensive touching. ⇛(2) MAYHEM ⇰⇰At C.L., the felony of mayhem required either dismemberment or disablement of a bodily part. ⇛(3) FALSE IMPRISONMENT ⇰⇰The unlawful confinement of a person without his valid consent. ⇛(4) KIDNAPPING ⇰⇰Unlawful confinement of a person that involves either (i) some movement of the victim, or (ii) concealment of the victim in a "secret" place. ⇛(5) RAPE ⇰⇰The unlawful carnal knowledge of a woman by a man, not her husband, without her effective consent. |
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CRIMINAL LAW: Defenses - Responsibility & Capacity
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RESPONSIBILITY & CAPACITY
⇛(1) INSANITY - (4) ⇰⇰(a) M'Naghten - dft does not know right from wrong ⇰⇰(b) Irresistible Impulse - (as name says) an impulse that dft. cannot resist ⇰⇰(c) Durham - but for the mental illness, dft would not have done the act ⇰⇰(d) ALI / MPC - combination of M'Naghten and irresistible impulse ⇛(2) INTOXICATION - (2) ⇰⇰(a) Voluntary - The result of the intentional taking w/o duress of a substance known to be intoxicating. Defense to a Specific Intent crime. ⇰⇰(b) Involuntary - Results from the taking of an intoxicating substance w/o knowledge of its nature, under direct duress imposed by another, or pursuant to medical advice while unaware of the substance's intoxicating effect. May be treated as a mental illness, and the dft is entitled to acquittal if she meets the jurisdiction's insanity test. ⇛(3) INFANCY - (2) ⇰⇰(a) Under 7 - no criminal liability ⇰⇰(b) Under 14 - rebuttable presumption of no criminal liability ⇛(4) DIMINISHED CAPACITY ⇰⇰(a) Only for Specific Intent crimes - as a result of mental defect, dft did not have the requisite mental state to commit the crime. |
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CRIMINAL LAW: Defenses - Justification
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JUSTIFICATION
⇛(1) SELF-DEFENSE ⇰⇰(a) Non-Deadly Force - A person w/o fault may use such force as REASONABLY APPEARS NECESSARY to protect herself from the imminent use of unlawful force upon herself. ⇰⇰(b) Deadly Force - A person may use deadly force in self-defense if (i) she is w/o fault; (ii) she is confronted with "unlawful force"; (iii) she is threatened w. imminent death or great bodily harm. ⇛(2) NECESSITY & DURESS ⇰⇰(a) Necessity - pressure from natural or physical forces & reasonably necessary. ⇰⇰(b) Duress - It is a defense to a crime OTHER THAN A HOMICIDE that the dft. reasonably believed that another person would imminently inflict death or great bodily harm upon him or a member of his family if he did not commit the crime. |
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CRIMINAL LAW: Defenses - Excuses
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EXCUSES
⇛(1) MISTAKE OF FACT ⇰⇰(a) Is defense only if it negates intention. ⇛(2) MISTAKE OF LAW ⇰⇰(a) No excuse, even if on advice of attorney ⇛(3) CONSENT ⇰⇰(a) Must be voluntary, victim legally capable, no fraud. ⇛(4) ENTRAPMENT ⇰⇰(a) Would actions of police unduce a reasonable person to commit the crime? |
