Bar Review Crim Law

Front 1

List 13 specific intent crimes

Back 1

Inchoate Crimes
1) attempt
2) solitication
3) conspiracy
Personal Property Crimes
4) larceny
5) larceny by trick
6)false pretenses
7)embezzlement
8) forgery
9) burglary
10) robbery
11) assault
12)first degree intent to kill murder
13)voluntary manslaughter

Front 2

List 7 General intent crimes

Back 2

1) Rape
2) Battery
2) Arson
4) Kidnapping
5) False Imprisonment
6) Involuntary Manslaughter
7) Depraved Heart Murder

Front 3

1) Merger at Common Law
2) If same act consisted several offenses of the same degree (ex: 3 felonies OR 2 misdemeanors)- is there merger?

Back 3

1) If a person engages in conduct constituting both a felony AND a misdeamnor, she could be convicted only of the felony. Misd merges with felony.

2) No!

Front 4

Merger at Modern Law
3 exceptions
1) and 2) Merger of ___ and ___ into completed crime.

3) what about general rule for when lesser and greater offenses...and its exception?

Back 4

No merger
EXCEPT
1) one who solicits another to commit a crime may not be convicted of BOTH the solitication and completed crime
2) no conviction for both ATTEMPT and COMPLETED crime
3) Merger of lesser included offenses merge into greater- so attachment of jeopardy for a lesser included offense bars retrial for the greater offense. EXCEPT. if the state is unable to proceed on the mroe serious charge at the outset bc addl facts necessary have not yet occured (someone dying)

Front 5

Rules Against Multiple Convictions for Same Transaction

Back 5

Double Jeopardy (DJ) prohibits trial or conviction of a person for a lesser included offense if he has been put in jeopardy for the greater offense

Front 6

Johnny beats Howie in a heat of passion, and Howie is in the critical condition. State charged for attemped murder of Howie and is acquitted. Then Howie dies, can Johnny be tried for manslaughter then?

Back 6

Yes. Generally, attachment of jeopardy for a lesser included offense bars retrial for the greater offense. An exception exists where the state is unable to proceed on the more serious charge at the outset bc additional facts necessary to sustain that charge have not yet occured (here, howies dying!)

Front 7

What two crimes require Malice?

What is malice?

Do defenses for S.I. Crimes apply to malice?

Back 7

Common Law Murder

Malice requires only a RECKLESS DISREGARD of an obvious or high risk that the paricular harmful result will occur

NO- its not specific intent- so voluntary intox, and other defenses do not apply to malice crimes.

Front 8

Four insanity tests?

and definitions?

Back 8

1. M'Naghten Rule- doesnt know right from wrong.
2. Irresistable impulse test
3. durham test- no crime but for his mental illness
4. MPC- m'naghten plus irresistable impulse rule!

Front 9

Can the insanity defense be raised later if not raised at the arraignment?

Back 9

Yes. simple not guilty at arraignment does not waive the right to raise the defense at some future date.

Front 10

What two elements does Attempt consist of?

Back 10

1. a s.i. to commit the target offense 2. a substantial step in the commission or attempted commission of the crime.

Front 11

Depraved Heart Killing- define

Back 11

Extremely negligent conduct which creates not only an unjustifiable but also very high degree of risk of death or serious bodily injury to anotehr or others, and which ACTUALLY causes the death of another

Front 12

What are 7 examples of conduct that reach the level of depraved heart conduct?

Back 12

1. firing a bullet into a room occupied, as D knows by several people. 2. shooting into a caboose of a passing train or a moving auto, occupied by humans. 3. throwing a beer glass at one who is has a lighted oil lamp. 4) playing Russian roulette 5) shooting at a point near, but not aimed directly at another person 6) driving a car at high speeds on main st. 7) shakin an infant so long and vigoroously that it cannot breathe.

Front 13

How would you categorize a battery which results in an unintended death?

Back 13

Involuntary manslaughter.

Front 14

What is the usual type of voluntary manslaughter?

Back 14

intentional killing of another in HEAT of PASSION cause a temp loss of self control.

Front 15

Define involuntary murder

Back 15

unintended homicide 1) where there is an unlawful kiling in the commission of an unlawful act not amounting to a felony or 2) in the commission of a lawful act wout due caution or circumspection (criminal negl manslaughter)

Front 16

If a D has property that is stolen but doesnt know about it till later, and then decides not to give it back, is that larceny?

Back 16

No, there must be a concurrence of mental fault and act= D must know that the property is stolen at the time when teh property comes into his/her possession.

Front 17

Categorize the following:

firing a bullet into a room which D knows is occupied by several people and kiling someone

Back 17

Depraved Heart Murder

Front 18

Categorize the following:

Driving a car at a very high speed or recklessly along a main street and killing someone

Back 18

Depraved Heart Murder

Front 19

Categorize the following:

firing a bullet into the window of what appears to be an abandoned cabin and killing someone

Back 19

invol mansl

Front 20

driving a car at very high speed along an INFREQUENTLY traveled country road and killing someone

Back 20

involuntary man

Front 21

Firing a bullet into a passenger train and killing someone is ____

Back 21

Depraved Heart Murder

Front 22

Throwing an object from the roof of a tall building onto the busy street and killing someone is _____

Back 22

Depraved Heart Murder

Front 23

Firing a bullet onto a freight train and killing someone is ____

Back 23

Involuntary manslaughter

Front 24

Throwing an object from the roof of a house in a residential neighborhood and killing someone is ____

Back 24

involuntary manslaughter

Front 25

At common law, assault and battery were misdemeanors and anytime the crime of assault or crime of battery causes an unintentional killing the defendant is guilty of _______ otherwise known as ____

Back 25

misdemeanor manslaughter, involuntary manslaughter

Front 26

Is legal impossiblity a defense to attempt at common law?

Back 26

Yes.

Front 27

Burglary defined at CL

Back 27

breaking and entering another's dwelling house at night with the intent to commit a felony (misdemeanor will not do)

Front 28

Legal impossibility defined

Back 28

Case in which the D did everything he intended to do but yet had not committed te completed crime.

Front 29

When is mistake of fact a defense?

Back 29

When it negates the existence of a mental state required to establish a material element of the crime.

Front 30

To negate the existence of a general intent, what must the mistake of fact be?

Back 30

REASONABLE- to the extent that a reasonable person would have made that type of mistake.

Front 31

to negate the existence of a SPECIFIC intent crime, a mistake of fact _______

Back 31

can be unreasonable, provided it is honest.

Front 32

Victor got really drunk and raped april, but claims that he thought she had consented? jury said that since he was drunk it was an honest but unreasonable belief that she was consenting. what result?

Back 32

Rape is a general intent crime, so mistake of fact must be reasonable- since it was not reasonable- he is guilty!

Front 33

Is mistake of fact or ignorance a defense to a SL claim?

Back 33

NO! Strict Liability!!!

Front 34

General Mistake of Law rule...
Two general exceptions..

Back 34

Gnrally, ignorance of law is no defense....
a) unless statute proscribing it has not been reasonably made available or D relies in good faith, upon an erroneous official statement of law contained in an administrative order...

Front 35

Where an element of a crime involves KNOWLEDGE of awareness by defendant, is a mistake of law to this element a valid defense?

Back 35

YES.

Front 36

If Jon erroneously thinks that flashing is a felony- and he breaks in and enters sheila's house with the intent to flash her- is he guilty of burglary?

Is he guilty of attempted burglary?

Back 36

No- because burglary requirse breaking and entering into one's dwelling with the intent to commit a felony- Jon intended to flash her and thinks that is a felony, but it is not- so he does not have the intent to commit a felony (his mistake of the law is a valid defense bc it negates the mental state here).

No- because again, he did everything he intended- but had not completed the crime.

Front 37

Generally, what qualified for felony murder?

Back 37

Homicide must have some causal connection with teh felony in oreder to qualify for felony murder. Death must be a foreseeable and natural result of the felony....

Front 38

If a robber (with da booty) is stopped by a policeman for speeding some time after and some distance away from the place of robbery and he shoots the policeman to death to prevent his discovery of the stolen goods, is the causal connection close enough for felony murder?
-what if he didnt have the booty?
- what if he was running the scene after setting a fire?

Back 38

1. yes- close tnough in the commission if he has the booty.

2. might not be close enough.

3. naturally fleeing from arson when he shot the officer- so homicide "in the commission of the felony"

Front 39

what is the standard test for felony murder?

Back 39

was there a suff causal connection depends on whether the D's felony dictated his conduct which led to homicide...

Front 40

Can duress be a defense to murder?

Felony murder?

Back 40

1. NO

2. Yes, if it negates the underlying felony- like duress is a defense to arson, even though the fire killed someone.