Crim Final

Front 1

Robinson

Back 1

SCOTUS - narcotics addict
Need an act

Front 2

Powell

Back 2

SCOUTS plurality - alcoholism
Voluntary?

Front 3

MPC vs. TPC - voluntary

Back 3

MPC - defines voluntary (includes unconsciousness)
TPC - does not define voluntary

Front 4

Common law duties

Back 4

1. Personal relationship
2. Statute
3. Contract
4. Voluntary assumption of care
5. Creation of peril
6. Control conduct of others
7. Being a landowner

Front 5

Common law larceny

Back 5

1. Trespassory
2. Taking
3. Asportation (carrying away)
4. Tangible personal property of another
5. With intent to permanently deprive

Front 6

Common law "larceny by trick"

Back 6

Only obtain possession, not title

Front 7

Traditional false pretenses

Back 7

1. Obtain possession and title
2. Tangible personal property of another
3. Based on reliance by owner
4. Upon knowing misrepresentation of material past or present fact

Front 8

MPC vs. TPC - deception

Back 8

MPC - includes value
TPC - false impression law or fact

Front 9

Traditional embezzlement

Back 9

CL - not crime (no trespassory taking)
1. Obtain lawful possession
2. Via trust relationship
3. Tangible personal property of another
4. Fraudulently
5. Convert to own use

Front 10

TPC Theft

Back 10

1. Unlawfully
2. Appropriates
3. Property
4. With intent to deprive owner

Front 11

Common law robbery

Back 11

1. Larceny
2. Taking from person or in presence of victim
3. By force or threat of imminent use of force

Front 12

MPC vs. TPC - robbery

Back 12

MPC - serious bodily injury, in flight of theft
TPC - any bodily injury (serious is an aggravator), in immediate flight of theft

Front 13

Common law burglary

Back 13

1. Breaking and entering
2. Dwelling
3. Of another
4. At nighttime
5. With intent to commit a felony

Front 14

General intent

Back 14

M/R directed at non-mental element of the crime

Front 15

Specific intent

Back 15

M/R concerning matter which is not an element of the crime

Front 16

Recklessly

Back 16

Aware but consciously disregards a substantial and unjustifiable risk, which is a gross deviation from the standard of care that an ordinary person would exercise under the circumstances as viewed from the actor's standpoint

Front 17

MPC Default Rule

Back 17

1. Must act P/K/R/N with respect to each material element of the offense
2. Culpability not prescribed, must act P/K/R to material element
3. Culpability prescribed, but not clear to which elements, applies to all material elements unless contrary purpose

Front 18

TPC Default Rule

Back 18

1. Must I/K/R/N engage in conduct (act or omission)
2. Culpability not prescribed, M/S still required unless plainly dispenses (I/K/R suffices)

Front 19

McQueen

Back 19

Texas - unauthorized use of car
When otherwise innocent behavior is criminal because of the circumstances, a culpable mental state is required as to those surrounding circumstances

Front 20

Zubia

Back 20

Texas - accidentally shot child
Don't have to know age of the victim
Legislative intent not to include

Front 21

Lambert

Back 21

SCOTUS - failed to register
Cali law violated due process by applying to person who didn't know had to register
Notice when defendant passive and unaware

Front 22

Ratzlaf

Back 22

SCOTUS - structuring transactions
Interpreted willfully = specific intent to violate known legal duty

Front 23

Winship

Back 23

SCOTUS
State must prove every element of the offense BRD

Front 24

Mullaney

Back 24

SCOTUS - presumed malice aforethought
Cannot shift burden of proving mens rea onto the defendant

Front 25

Gaudin

Back 25

Right to a jury - criminal conviction rests upon jury determination that prosecution proved every element BRD

Front 26

MPC vs. TPC - burden of proof

Back 26

MPC - prosecution must disprove affirmative defense BRD
TPC - defendant must prove affirmative defense by a POE

Front 27

Patterson

Back 27

SCOTUS - EED for killing lover of estranged wife
Affirmed conviction - malice aforethought not element of crime and state makes EED affirmative defense

Front 28

Apprendi

Back 28

SCOTUS - fired shots into black family home
Any fact that increases the maximum penalty for a crime must be proven by the prosecution BRD
(different from Patterson, where affirmative defense decreased penalty)

Front 29

MPC vs. TPC - MOF

Back 29

Both - BOP on state to disprove BRD
TPC - must be reasonable MOF

Front 30

Common law MOF

Back 30

Reasonable MOF negates GI crime
Unreasonable, but honest MOT negates SI crime

Front 31

Common law MOL

Back 31

Ignorance or MOL is no excuse

Front 32

MPC vs. TPC - MOL

Back 32

Both - BOP on defendant to prove by , reasonable reliance
TPC - written interpretation of law

Front 33

Common law claim of right

Back 33

Even if taker's claim of right is based on MOL, sufficient to negative a felonious intent

Front 34

MPC vs. TPC - claim of right

Back 34

MPC - affirmative defense
TPC rejects

Front 35

Common law intoxication

Back 35

No defense

Front 36

MPC vs. TPC - intoxication

Back 36

MPC - defense if negates element
TPC - no defense, but temporary insanity might mitigate penalty

Front 37

Egelhoff

Back 37

SCOTUS plurality - intoxicated when killed victims
Appears statutes that does not allow intox defense are constitutional/do not violate due process

Front 38

Common law rape

Back 38

1. Unlawful
2. Carnal knowledge
3. Woman
4. Without consent
5. By force [American addition]

Front 39

TPC Sexual Assault

Back 39

1. I/K
2. Causes penetration
3/ Another person
4. Without consent (lists situations)

Front 40

Fraud in factum

Back 40

No consent b/c didn't have having sex

Front 41

Fraud in inducement

Back 41

Consent b/c still consenting to sex

Front 42

Traditional statutory rape

Back 42

Not CL offense
1. Carnal knowledge
2. Female
3. Under age of consent
Strict liability - don't have to know age

Front 43

Common law murder

Back 43

1. Unlawful
2. Killing
3. Of another human being
4. With malice aforethought

Front 44

Common law manslaughter

Back 44

1. Unlawful
2. Killing
3. Of another human being
4. Without malice aforethought

Front 45

Malice aforethought

Back 45

Express or implied intention to kill

Front 46

Human being (homicide)

Back 46

CL: victim must be born alive
MPC: person born and alive
TPC: includes unborn child, death includes failure of an unborn child to be born alive

Front 47

Time frame (homicide)

Back 47

CL: victim has to die within a year and a day from the conduct

Front 48

Death (homicide)

Back 48

CL: defined in terms of cessation of heart beat and respiration
Modern majority: brain dead equally acceptable as cessation of heart beat

Front 49

Common law depraved heart

Back 49

General malice - D demonstrates an indifference to human life generally

Front 50

MPC vs. TPC - depraved heart

Back 50

MPC: extreme indifference to value of human life (presumptions)
TPC: none, but created by case law when sufficiently like knowing murder

Front 51

MPC vs. TPC - murder

Back 51

TPC includes intent to cause SBI

Front 52

Common law voluntary manslaughter

Back 52

1. Unlawful
2. Homicide
3. Without malice aforethought (mitigating circumstances)

Front 53

Common law adequate provocation

Back 53

1. Cause heat of passion in reasonable man
2. D acts as a result of HOP
3. No cool off period
4. Provocation must come from victim and cause killing

Front 54

Common law insufficient provocation

Back 54

Words alone
Civil trespass
Intoxication
Mental disease

Front 55

Common law sufficient provocation

Back 55

Mutual combat
Illegal arrest
Observe wife's infidelity
Violent crime against relative

Front 56

MPC extreme emotional disturbance

Back 56

Reasonable excuse for EED
Reasonableness determined from D's situation (ambiguous) under circumstances as he believe them to be
Allows mistaken belief

Front 57

TPC sudden passion

Back 57

Penalty mitigator - immediate influence of sudden passion arising from adequate provocation
D must prove by POE
Judged by person of ordinary temper (CL)
No cooling off period (CL)
Provocation from victim (CL)

Front 58

Common law involuntary manslaughter

Back 58

D's M/S does not constitute malice aforethought
1. Criminally negligent - lawful acts carried out in unlawful fashion or without due caution
2. Killings in course of unlawful acts

Front 59

Common law felony murder

Back 59

1. Causing death
2. Of human
3. Any act
4. In course of felony
Intent to commit underlying felony imputed to homicide

Front 60

MPC vs. TPC - felony murder

Back 60

MPC - included in deprave heart
lists felonies
Engaged in OR in flight from felony
TPC - felony other than manslaughter
In course of AND in furtherance of, or in IMMEDIATE flight
Sounds like needs two acts: commit felony and commit dangerous act

Front 61

Causation

Back 61

Actual cause - "but for" test
Proximate cause - who is it just to punish? was there intervening act?

Front 62

Common law merger rule

Back 62

Only assaults merged

Front 63

Lawson

Back 63

Texas - felony murder, killed victim while committing I and K aggravated assault
Texas has no merger rule
Aggravated assault not lesser included offense of manslaughter (lower M/R)

Front 64

Lomax

Back 64

Texas - felony murder, DWI and killed girl
No M/R required for felony murder
Underlying felony does not supply M/S
Don't know if intox manslaughter lesser included offense of manslaughter

Front 65

Agency rule

Back 65

CL and majority rule (MPC)
D guilty of felony murder only for killings directly caused by him and co-felons and only when victim not a co-felon

Front 66

Proximate cause rule

Back 66

D guilty of felony murder even if third party direct cause of death, regardless of whether victim is co-felon or innocent

Front 67

Alternatives if agency jurisdiction

Back 67

1. Shield cases
2. Provocative act
3. Wanton murder (extreme indifference)

Front 68

Common law justification/excuse

Back 68

Justification transfers to third party, excuse does not

Front 69

Common law necessity

Back 69

1. Imminent danger from natural forces
2. D can effectively avert harm
3. No legal alternative
4. Harm caused by crime less than harm avoided
5. No legislative choice to contrary
6. D has clean hands

Front 70

Common law duress

Back 70

1. Person threatens death/SBI against D or family unless D commits crime
2. D reasonably believes threat genuine/imminent
3. No escape from compliance
4. Clean hands
5. No defense to murder

Front 71

MPC vs. TPC - duress

Back 71

MPC - threat of force, no defense to N crime if N placed himself in situation
TPC - felony - threat of imminent death/SBI, misdemeanor - threat of force

Front 72

Common law non-deadly self-defense

Back 72

1. Reasonably believes
2. Another intends battery or false imprisonment
3. No duty to retreat
4. Never deadly force against non-deadly force

Front 73

Common law deadly self-defense

Back 73

1. Reasonably believes
2. Deadly force necessary
3. To protect against immediate use of unlawful deadly force
4. D is not the aggressor (unless communicated withdrawal)
Initial aggressor using non-deadly force cannot use self-defense against deadly escalation of force unless he retreats/withdraws
5. Duty to retreat if safe (unless in own house)

Front 74

MPC vs. TPC - self-defense (non-deadly)

Back 74

TPC: need reasonable belief (presumption)
Cannot be provoker
Cannot be involved in criminal activity

Front 75

MPC vs. TPC - self-defense (deadly)

Back 75

TPC: need reasonable belief

Front 76

Battered spouse/child syndrome

Back 76

Cycle of violence makes the D hypervigilent and able to recognize a threat of imminent danger from conduct that would not appear imminently threatening to someone else

Front 77

Alonzo

Back 77

Texas - self defense, killed fellow inmate in fight
Self-defense can apply to manslaughter
Actions justified, so can't be reckless

Front 78

Common law defense of others

Back 78

Protect family/servants against assault
Protect anyone against forcible felony
Alter-ego rule: only have defense when person aided was entitled to act in self-defense

Front 79

MPC vs. TPC - defense of others

Back 79

TPC: requires reasonable belief
Intervention immediately necessary

Front 80

Morales

Back 80

Texas - killed victim fighting brother in gang fight
No duty to retreat
Presumption of reasonableness

Front 81

Common law defense of property

Back 81

1. Prevent property from being taken or recovery if taken in D's presence and D in hot pursuit
2. Never use deadly force
3. Cannot be aggressor

Front 82

MPC vs. TPC - defense of property

Back 82

MPC: very forgiving and protective of private property
TPC: D must be in lawful possession of property
Must have reasonable belief
Force immediately necessary or in fresh pursuit
Deadly - must be committing/fleeing listed felony

Front 83

Common law attempt

Back 83

Technically not felony
1. Specific intent to commit the crime
2. Overt act
No abandonment/renunciation defense

Front 84

MPC vs. TPC - attempt

Back 84

MPC: substantial step
Only need culpability required for object crime
TPC: more than mere preparation
Need specific intent to commit the crime
Renunciation - must avoid/prevent commission (incomplete defense if fail to prevent)

Front 85

MPC vs. TPC - impossibility

Back 85

MPC: no impossibility defense
TPC: not clear if factual impossibility (D can argue no way acts could have tended crime)

Front 86

Common law solicitation

Back 86

Misdemeanor
1. Intent to commit act, intent that solicitant commit object offense
2. Asking/inducing/hiring/encouraging another to commit offense
3. Solicitant has to have received information

Front 87

MPC vs. TPC - solicitation

Back 87

MPC: with purpose to promote crime
Doesn't matter if D fails to communicate with solicitant
TPC: intent that capital/first degree felony committed

Front 88

Common law conspiracy

Back 88

Bilateral, misdemeanor
Includes agreement to commit felony and agreements to engage in lawful conduct unlawfully in that it is so bad for public welfare (too broad)
1. Agreement
2. Intent
Don't need overt act

Front 89

MPC vs. TPC - conspiracy

Back 89

MPC: unilateral
With purpose of promoting crime
Same grade and degree as crime
TPC: bilateral
Intent that felony be committed
One category lower