Crim Law 1

Front 1

Standard of Review

Who has the burden?

Back 1

Prove every element of the crime beyond a

reasonable doubt

- State/ Prosecution has the BOP

Front 2

1. Legality?

2. Clarity?

3. Lenity?

4. Proportionality? Plays on theories of

punishment

Back 2

1. Crimes are punishable by law, not all conduct

2. Person of ordinary intelligence fair notice of what is prohibited (vague statutes not allowed)

3. Statutory construction favors the def. when ambiguous- "fair imports"

4. Punishment fit the crime

Front 3

Punishment Theories (2)

Back 3

1. Utilitarianism

2. Retributivism

Front 4

Utilitarianism forms (3) "look forward in time"

Back 4

1. Individual deterrence

2. Rehabilitation/ reform

3. General deterrence

Front 5

Retributivism forms (3) "look back in time"

Back 5

1. "Just Desserts" social retaliation/ public

vengeance

2. Protective retribution

3. Right a wrong

Front 6

Sources of Criminal Law (2)

Back 6

1. Common Law

2. Criminal Statutes (MPC)

Front 7

Actus Reus (definition and 3 parts)

Back 7

The physical or external portion of the crime

1. a voluntary act

2. that causes

3. social harm

Front 8

Can you punish for thoughts alone?

Back 8

No. Must be response to conduct.

Front 9

Voluntary Act

Back 9

1. Can be physical bodily movement but no act

2. Act doesn't apply to results of body moves

3. MPC is defined as voluntary or involuntary bodily movements performed as described

Front 10

Voluntary Act Time Framing

Back 10

Prosecution no need to show every act or even last act by def. was voluntary to show criminal liability.

Front 11

Voluntary Act: Supposed but not real exceptions to the requirement (3)

Back 11

1. Poorly drafted statutes

2. Status offenses (vague statute- act doesn't matter)

3. Crimes of Possession (passive possession of prohibited objects- inchoate- more like an omission)

Front 12

MPC Voluntary- no define voluntary except partially and indirectly involuntary listed moves (6)

Back 12

1. reflexes

2. convulsions

3. conduct during unconsciousness

4. sleep

5. hypnosis

6. any conduct not a product of effort of actor either conscious or habitual

Front 13

Omissions: General Rule

Back 13

A person has no duty to act to prevent harm to another even if she can do so at no risk to self, and even if the other person may lose their life without assistance

Front 14

Omissions: Special Duties to Act (4)

Back 14

1. Status Relationships

2. Contractual Obligation

3. Omission following act

* Creation of Risk * Voluntary assisstance

4. Statutory Duty to Act

Front 15

MPC Omissions (Def. and 2 Circumstances)

Back 15

"includes a voluntary act or the omission to preform an act which he is physically capable"

1. Law defines the offense or

2. If the duty to act is otherwise imposed by law

Front 16

Defining Social Harm (3 parts)

Back 16

1. Conduct Element

2. Result Element

3. Attendant Circumstance

(breakdown the statute into its parts)

Front 17

Mens Rea (common law def.)

Back 17

Broadly- a general immorality of motive, vicious will or and evil mind

Moral blameworthiness

Front 18

Mens Rea (MPC def.)

Back 18

the particular mental state provided for in the definition of an offense

Culpability or elemental meaning

Front 19

MPC Purpose (Give Conduct, Attendant Circumstance and Result)

Back 19

C: Conscious object

A: Awareness, belief, hope

R: Conscious object

Front 20

MPC Knowledge (Give Conduct, Attendant Circumstance and Result)

Back 20

C: Awareness

A: Awareness

R: Awareness of practical certainty

Front 21

MPC Recklessness (Give Conduct, Attendant Circumstance and Result)

Back 21

C: Undefined

A: Conscious disregard of substantial and unjustifiable risk

R: Conscious disregard of substantial and unjustifiable risk (meaning a gross deviation from the standard of conduct that a law-abiding citizen would observe in the actor's situation)

Front 22

MPC Negligent (Give Conduct, Attendant Circumstance and Result)

Back 22

C: Undefined

A: Failure to perceive substantial and unjustifiable risk

R: Failure to perceive substantial and unjustifiable risk (which means a gross deviation from standard of care that a reasonable person would observe in the situation)

Front 23

Common law "intent" (3)

Back 23

1. It is his desire (conscious object) to cause social harm OR

2. He acts with knowledge that the social harm is virtually certain to occur as a result of his conduct

3. Reasonable person std of awareness

Front 24

Motive Importance (3)

Back 24

1. Specific Intent crimes require

2. Is relevant to claims of defense

3. Relevant to sentencing phase

Front 25

Mens Rea and Transferred intent; does it fly?

Back 25

1. Usually it works; punish proportionately to the wrongdoers culpability

2. Sometimes not- when unnecessary/ potentially misleading

Front 26

Knowledge of attendant circumstance met in willful blindness/ deliberate ignorance? (2)

Back 26

Yes, if 1. actor is aware of a high probability of the existence of the fact in question AND 2. takes deliberate action to avoid confirmation or purposely fails to investigate to avoid confirmation of the gact

Front 27

Risk taking categories (4)

Back 27

1. neutral risk taking

2. risk taking that justifies civil liability "civil negligence"

3. risk taking that crosses civil line into crimes "criminal negligence"

4. even more culpable risk-taking "recklessness"

Front 28

Criminal negligence (1)

Back 28

Conduct that represents a gross deviation from the standard of reasonable car

*PL far outweighs B

Front 29

Common Law -Intentional Killing-

Murder: Intent to kill (definition)

Back 29

Awareness that death of another would result from one's actions (express or implied)

Front 30

Common Law -Intentional Killing-

Voluntary Manslaughter

Back 30

Intentional homicide that would otherwise be murder, but mitigation by heat of passion upon provocation

Front 31

MPC -Intentional Killing- 210.2

Murder

Back 31

Purposely or knowingly causes the death of another

Front 32

MPC- Intentional Killing- 210.3

Manslaughter

Back 32

Acts under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse

Front 33

Common Law- Unintentional Killing-

Murder

Back 33

Intent to cause serious bodily injury where death results (implied malice)

Front 34

Common Law- Unintentional Killing-

Murder: Depraved Heart

Back 34

Extreme negligent conduct which creates an unreasonable, unjustifiable, very high degree of risk of death or serious bodily injury and actually causes death; manifesting cruelty, wickedness of disposition, recklessness of consequences, and a mind regardless of social duty (implied malice)

Front 35

Common Law- Unintentional Killing-

Murder: Felony-Murder

Back 35

Requires culpability as to committing or attempting to commit a different felony,but not as to causing death of victim (malice substitute)

Front 36

Common Law- Unintentional Killing-

Involuntary Manslaughter 1. Recklessness

Back 36

Unlawful killing in the commission of a lawful act without due caution or ciirccumspection (culpable negligence, criminal negligence, gross negligence, etc.)

Front 37

Common Law- Unintentional Killing-

Involuntary Manslaughter 2. Unlawful Act

Back 37

Unlawful killing in commission of an unlawful act not amounting to a felony (misdemeanor-manslaughter)

Front 38

MPC -Unintentional Killing- 210.2

Murder

Back 38

Recklessness under circumstances manifesting extreme indifference to human life

Front 39

Common Law Approach

Specific Intent (Mental State)

Back 39

Defense application

Reasonable or Unreasonable mistake of fact that negates mens rea (elemental analysis)

Front 40

Common Law Approach

General Intent (Mental State)

Back 40

Defense application

Reasonable mistake of fact that negates mens rea (culpability analysis) --> if mistake unreasonable then guilty

Front 41

Common Law Approach

Strict Liability (Mental State)

Back 41

Defense application

Never (elemental analysis)

Front 42

MPC -Unintentional Killing- Felony Murder

Presumptions:

Back 42

Such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit robbery, rape, deviate sex intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape

Front 43

MPC -Unintentional Killing- 210.3

Manslaughter

Back 43

Recklessly causes the death of another

Front 44

MPC -Unintentional Killing- 210.4

Negligent Homicide

Back 44

Homicide committed negligently

Front 45

Malum prohibitum

Back 45

prohibited by law

(lesser punishment/ usually lesser crimes)

Front 46

Malum in se

Back 46

malice in and of itself

(greater punishment/ greater crimes)

Front 47

MPC Specific/ General Intent

Back 47

Elemental approach- uses the (4) culpability defined terminology mens rea requirement for every element of crime

Front 48

MPC Strict Liability

Back 48

No Mens Rea required

Front 49

MPC exception to the mistake of fact rule

Back 49

MPC only permits punishment at the level of the lesser offense

Front 50

Mistake of Law Defense (3) valid

(2) invalid

Back 50

1. reasonable reliance

2. fair notice

3. failure of proof

1. Reliance on one's own interpretation of law

2. Advice of private counsel

Front 51

Criminal Causation (definition and 2 prongs)

Both Common Law and MPC

Back 51

Relationship between actus reus and result supported by mens rea

1. Actual/ Factual Cause

2. Proximate Cause

Front 52

Common Law

Actual/ Factual Cause

"Cause in fact"

Back 52

1. "But-for" Test

But for the def. voluntary acts, would the social harm have occurred when it did?

Front 53

Common Law

1. Is it possible to have causation without mens reas? 2. Is it possible to have mens rea without causation?

Back 53

1. Yes.

2. Yes.

Front 54

Common Law

Multiple Actual Causes

Concurrent Sufficient Causes (definition)

Substantial factor

Back 54

Each act alone was sufficient to cause the result that occurred when it did. "two simultaneous mortal wonds"

Def. act was substantial factor in causing prohibited harm

Front 55

Common Law

Multiple Actual Causes

Accelerating a Result (definition)

Back 55

Both actors may properly be described as actual causes, when one act subsequent another accelerated the process of death

Front 56

Common Law

Obstructed Actual Cause

Back 56

When simultaneously and independently something intervenes (unforeseeable/ coincidental)

Front 57

Common Law

Proximate/ Legal Cause

Back 57

1. Direct cause action

2. Intervening causes following actual cause like a. 3rd party wrongdoing

b. victims contributory negligence

c. suicidal act

d. act of God/ nature

Front 58

Common Law

De Minimis Contribution Doctrine

Back 58

Actors contribution to the wrong is too minor, relieve them of criminal liability

Front 59

Common Law

Proximate Cause Intervening Causes

Dependent v. Independent

Back 59

Dependent = responsive, foreseeable actions taken in response/ reaction to wrong, original wrongdoer still criminally liable

Independent= coincidental, unforeseeable acts, relieve the original wrongdoer of criminal responsibility unless the independent act was foreseeable

Front 60

MPC- Actual Cause, Proximate Cause

Back 60

AC: "But-for" Test

PC: Relates to actor's culpability (4)- not if too remote or accidental to have a just bearing on liability and gravity of offense

"Commonsense"

Front 61

Justification Defenses

Underlying Theories (4)

Back 61

1. Public Benefit

2. Moral Forfeiture

3. Moral Rights

4. Superior / Lesser Harm Interest

Front 62

Excuse Defenses

Underlying Theories (5)

Back 62

1. Search for Explanation of crime

2. Deterrance

3. Causation

4. Character

5. Free Choice/ Personhood

Front 63

Justification v. Excuse: Why does it matter? (6)

Back 63

1. Sending Clear Moral Messages

2. Theoretical Consistency in Criminal Law

3. Accomplice Liability

4. 3rd Party Conduct

5. Retroactivity

6. Burden of Proof

Front 64

Common Law

Criminal Homicide (definition)

1 year and a day rule (explain)

Back 64

"Killing of a human being"

Def. can't be prosecuted for criminal homicide unless victim dies within a year and day of act inflicting the fatal injury

Front 65

Common Law Definition of Malice

Back 65

1. intention to kill a human being

2. intention to inflict grievous bodily injury on another

3. an extreme reckless disregard for the value of human life

4. intention to commit a felony during commission or attempt which results in death