Crim Law

Front 1

Strict liability

Back 1

law imposes liability based solely on act, NO need for mens rea

Front 2

Strict liability Defenses

Back 2

insanity, involuntary intoxication and possibly duress

Front 3

general intent

Back 3

Anything NOT - Malice, Strict Liability or Specific Intent.

General Awareness that all factors constituting the crime are likely to occur.

Front 4

General Intent Defenses

Back 4

Reasonable mistake of fact. (unreasonable mistake is NO defense)

Front 5

Specific intent

Back 5

Committed with specific intent or objective. (cannot be inferred from the act)

F- 1st degree murder
I-inchoate offenses (CATS)
A - arson
T - thefy
P- Property

Front 6

Specific Intent - Defenses

Back 6

(1) Unreasonable mistake of fact, and (2) Diminished capacity

Front 7

Malice Crimes

Back 7

CL murder and arson – Requires only a reckless disregard of an obvious or high risk that the particular harmful result will occur.

Front 8

Transferred Intent

Back 8

Mens rea can be transfer to a different victim other than the originally intended victim of crime. (1) homicide (2) battery (3) arson

Front 9

Concurrence

Back 9

D must have the intent necessary at the time he committed the act constituting the crime.

Front 10

Accomplice Liability - Elements

Back 10

(1) Aid, Counsel, or Encourage the principal with the (2) Intent to encourage the crime. (CL – Principal in the 1st and 2nd degree / Accessory before and after the fact)

Front 11

Accomplice Liabilty - What liability attaches?

Back 11

(1) Intended Crime (2) ALL other foreseeable crimes committed

Front 12

Accomplice Liability - Defenses

Back 12

(1) Mere presence/knowledge (Must have stake in the outcome) (2) Member of protected class (3) Withdrawal – Withdraw must occur before the crime becomes unstoppable

Front 13

Solicitation - Elements

Back 13

(1) Solicitation of Another to (2) Commit a Crime (Cop ok)
i. Act – Crime is completed when question is asked (Withdraw is not a defense)
ii. Mental State – Specific intent that the person solicited commit the crime.
iii. Merger – Solicitation merges into the crime of conspiracy

Front 14

What does merger apply to?

Back 14

Attempt & Solicitation. Both merger into the greater offense.

Front 15

CONSPIRACY Elements

Back 15

(1) Agreement between 2 or more people (2) Slight Overt act in Furtherance (3) Specific intent (A) Enter into the Agreement (B) Achieve the Objective of the agreement

Front 16

CONSPIRACY liability

Back 16

No Merger / Liable for all foreseeable crimes committed in furtherance of the conspiracy

Front 17

Conspiracy -- Insufficient defenses

Back 17

ii. Withdraw is not a defense to conspiracy but is a defense to crimes committed in furtherance
iii. Impossibility is not a defense to conspiracy.

Front 18

Attempt - Elements

Back 18

(1) Specific intent to commit the target offence (2) Substantial step (>prep).

Front 19

Attempt - Defenses

Back 19

Factual impossibility is no defense but legal impossibility is

AND Merger applies

Front 20

(Step 1) Homicide Definition

Back 20

The unlawful killing of a human.

Front 21

(Step 2) Common Law Murder Definition

Back 21

Unlawful killing of another with malice aforethought

Front 22

(Step 3a) Causation Requirement

Back 22

D's act must be the actual and proximate cause of V's death.

Front 23

(3) Actual Causation Def

Back 23

D's conduct is "but for" cause.

Front 24

(3) Proximate Cause

Back 24

The result of D's conduct is foreseeable.
The result is the natural and probable consequence.

Front 25

(Step 4)

4 Mental States for Common Law Murder = Malice

Back 25

Malice Aforethought (1) Intent to kill (2) Intent to cause serious bodily harm (3) Depraved heart (4) Felony Murder
1. Intentional use of a deadly weapon creates an inference of intent to kill.

Front 26

1st Degree Murder

(Step 5)

Back 26

Specific Intent Crime -- Applies to:
(1) Felony Murder
(2) Premedication
(3) Poison/bomb/torture/ambush

Front 27

2nd Degree Murder

(Step 6)

Back 27

Everyone other than 1st degree.

Voluntary killing w/malice.

Front 28

1st Degree Defenses

Back 28

Specific Intent Defenses:

Voluntary intoxication
Any mistake of fact

Front 29

Voluntary Manslaughter (4 Kinds)

Back 29

(1) Heat of passion
(2) Imperfect Self-Defense
(3) Mistaken Justification
(4) Diminished Capacity

Front 30

Voluntary Manslaughter - Heat of Passion - Elements

Back 30

(1) Adequate provocation that gave rise to the heat of passion, (2) no adequate cooling off period, (3) D did not cool down.

Front 31

Involuntary Manslaughter (2)

Back 31

Occurs when there is NO MALICE
(1) Criminal negligence - substantial deviation from the standard of care

(2) Misdemeanor manslaughter - killing someone in the comission of a misdemeanor

Front 32

Felony Murder - Definition

Back 32

Death caused in commission or attempt of an inherently dangerous felony.

Malice is implied from intent to commit the underlying felony.

Killing must be FORESEEABLE.

Front 33

Felony Murder - Inherently Dangerous Felonies

[BARKS -M]

Back 33

B- burglary
A - arson
R - rape
R - robbery
K - kidnapping
S - sodomy
S - sexual molest
M - mayhem

Front 34

Felony Murder - Defenses

Back 34

Applicable defense of underlying felony.
- Killing must be foreseeable
- Point of temporary safety:
-Redline Rule - D not liable for death of co-felon who is killed by a cop or victim.
- felony must be independent of the killing

Front 35

Malice - Defenses

Back 35

(1) Justification - self-defense or others, crime prevention or necessity
(2) Excuse: Infancy, insanity, intoxication
(3) Mitigation down to voluntary manslaughter

Front 36

Non-homicide crimes - Elements

Back 36

(1) Act
(2) Mental state
(3) Concurrence
(4) Causation: actual & proximate

Front 37

Battery

Back 37

Unlawful application of force to another person causing an injury or offensive touching

Front 38

Aggravated battery

Back 38

Some batteries are considered felonies in some jurisdictions. i.e. (1) with a deadly weapon, (2) against a woman, child, or police officer, or (3) if serious bodily harm results

Front 39

Assault

Back 39

1) Attempted battery (Specific Intent) / (2) Threat (General Intent) – Intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm. (i.e. more than words)

Front 40

Aggravated Assault

Back 40

Assault with a deadly weapon or intent to rape are treated more severely.

Front 41

Mayhem

Back 41

The dismemberment or disablement of a bodily part.

Front 42

False Imprisonment

Back 42

(1) Unlawful confinement of a person (2) without his valid consent.

Front 43

Kidnapping

Back 43

(1) Unlawful confinement and (2) Movement or Concealment

Front 44

Aggravated Kidnapping

Back 44

Kidnapping for ransom, child stealing, kidnapping to commit other crimes

Front 45

Rape

Back 45

(general intent) – The (1) unlawful carnal knowledge of a woman by a man, (2) not her husband (CL), (3) without consent.
i. Note – The slightest penetration complete the crime

Front 46

Statutory Rape

Back 46

(strict liability) – Unlawful carnal knowledge of a female under the age of consent.

Front 47

Adultery

Back 47

is committed by both parties to sex, if either is married to someone else.

Front 48

Fornication

Back 48

is sexual intercourse or open and notorious cohabitation by unmarried persons.

Front 49

Incest

Back 49

Marriage or sexual act between closely related persons.

Front 50

Seduction

Back 50

Inducing, by promise or marriage, an unmarried woman to engage in intercourse

Front 51

Bigamy

Back 51

CL strict liability offense of marrying someone while having another spouse.

Front 52

Larceny - Def & Elements (6)

Back 52

(Intentionally stealing someone else’s property)
i. (1) Wrongful taking and (2) Carrying away of (3) Personal property (4) of Another with Possession (5) Without consent (6) With the intent to permanently deprive.

Front 53

Embezzlement

Back 53

(Steals property in his lawful possession)
i. (1) The Fraudulent (2) Conversion (3) Of Personal Property of Another (4) By a person In Lawful Possession. (Specific intent to defraud)
1. Restore – If the D intends to restore the exact property taken, its NOT embezzlement.

Front 54

False Pretenses

Back 54

(Acquiring title by lying)
i. (1) Obtaining Title (2) To Personal Property of Another (3) By an Intentional False Statement of Past or Existing Fact (4) With Specific Intent to Defraud the other

Front 55

Robbery

Back 55

(Taking personal property with force)
i. (1) Wrongful taking of (2) Personal property of another (3) From his Person or Presence (4) By Force or Threats of Immediate Death or Physical Injury (5) With Specific Intent to permanently deprive.

Front 56

Extortion

Back 56

(Threats) (1) Obtaining property by (2) threats to do harm or to expose information.

Front 57

Receipt of Stolen Property

Back 57

1) Receiving Possession and Control (2) Of “Stolen” Personal Property (3) Known to have stolen when received (4) By another person (5) With the intent to permanently deprive

Front 58

Forgery

Back 58

(1) Making or Altering (2) A Writing with apparent legal significance (3) So that it is False (4) With Intent to Defraud.
i. Ex. Fraudulently causing a third person to sign a document that the third person does not realize he is signing. (Not false statements to cause him to sign)

Front 59

Mischief

Back 59

(1) The Malicious (2) Destruction of or Damage to(3) The Property of Another

Front 60

Burglary - Habitation Crime

Back 60

(specific intent) – (1) Breaking and (2) entering into the (3) dwelling house of another (4) at night, with the(5) present specific intent to commit a felony therein.

Front 61

Arson - Habitation Crime

Back 61

(1) Malicious (2) burning of the (3) dwelling house (4) of another (CL)
i. CL Misdemeanor House burning – Malicious burning of one’s OWN dwelling if the structure is location in a city or near other houses creating a danger to them.

Front 62

[Judicial Proceeding Crime]

Perjury

Back 62

Intentional taking of a false oath (lying) in regard to a material matter.

Front 63

[Judicial Proceeding Crime]

Subordination of Perjury

Back 63

Inducing or procuring another to commit perjury.

Front 64

[Judicial Proceeding Crime]

Bribery

Back 64

Corrupt payment or receipt of anything of value for official action

Front 65

[Judicial Proceeding Crime]

Compounding a Crime

Back 65

Agreeing for valuable consideration not to prosecute another for a felony or to conceal the commission thereof.

Front 66

Misprison of a Felony

Back 66

Failure to disclose knowledge of the commission of a felony or to prevent the commission of a felony.

Front 67

Insanity Defense - 4 tests

Back 67

(1) M'Naughten Test (majority)
(2) Irresistible Impulse
(3) Durham Rule - but for
(4) Model Penal Code

Front 68

M’Naghten test (majority)

Back 68

) (Does not know right from wrong) Unable to: (KU)
1. KNOW the wrongfulness of his actions, OR
2. UNDERSTAND the nature and quality of his act

Front 69

Irresistible Impulse

Back 69

(volitional test) (Impulse the defendant can’t resist) Unable to: (CC)
1. CONTROL his actions, OR
2. CONFORM his conduct to the law.

Front 70

Durham Rule

Back 70

(But for the mental illness) – Conduct is the “product” of a mental illness

Front 71

Model Penal Code

Back 71

D lacked the “substantial” capacity to either (AC)
1. APPRECIATE the wrongfulness of his conduct, OR
2. CONFORM his conduct to the requirements of law

Front 72

Burden of Proof for Insanity Defense

Back 72

Burden falls on D to prove with clear and convincing evidence.

Front 73

Voluntary Intoxication [Defense]

Back 73

knowingly and voluntarily ingested (Specific Intent Crimes)

Front 74

Involuntary Intoxication [Defense]

Back 74

NOT knowingly OR voluntarily ingested (All Crimes)

Front 75

Infancy [Defense]

Back 75

(1) Under 7 – NO criminal liability (2) Under 14 – rebuttable presumption of no liability

Front 76

Self-Defense - General Definition

Back 76

May use such force as (1) Reasonably Necessary to protect themselves from the (2) Imminent Use of Unlawful Force.

Front 77

Self-Defense: Use of deadly force

Back 77

threatened with imminent death or great bodily harm (Not to defend prop)
1. Majority – NO duty to retreat, Minority – must “retreat” if it is safe to do so unless (1) in home (2) victim of violent felony (3) Police Officer

Front 78

Self-Defense: Initial Agressor

Back 78

Aggressor cannot claim right of self defense unless:
1. Withdraw – Initial aggressor has withdrawn and communicate the withdraw
2. Escalator – May defend against deadly response but must retreat if it is safe to do so.

Front 79

Defense of others

Back 79

Majority – D has the right to defend others if she reasonably believes force is necessary. Minority – (Alter ego rule) – No legal rights greater than those of the third party.

Front 80

Defense of Property

Back 80

(1) Reasonable non-deadly force deadly force (2) Demand must be made
i. Regain possession – Force may NOT be used to regain possession unless in hot pursuit.

Front 81

Mistake of Law - Defense

Back 81

Mistake of law is NO defense even if based on the advise of an attorney.
i. Exceptions – Statute enacted after the crime was committed, Reasonable reliance on a judicial decision or on an official interpretation.

Front 82

[Defense] Crime Prevention

Back 82

Non deadly force may be used to the extent that it reasonably appears necessary to prevent a felony or serious breach of the peace. Deadly force may be used only to terminate or prevent a dangerous felony involving risk of human life.

Front 83

Use of force to effectuate arrest - BY POLICE

Back 83

Reasonable force may be used by officers to effectuate an arrest. Deadly force is reasonable to(1) prevent a felon’s escape AND (2) the felon threatens death or serious bodily injury.

Front 84

Use of force to effectuate arrest - BY A PRIVATE PERSON

Back 84

May use non-deadly force to make an arrest if a crime was in fact committed and has reasonable grounds to believe the person arrested committed the crime. May use deadly force only if the person harmed was actually guilty of the offense.

Front 85

Resisting Arrest [Defense]

Back 85

– Non-deadly force may be used to resist an improper arrest even if a known officer is making that arrest. Deadly force may be used ONLY if the person does not know that the person arresting him is a police officer.

Front 86

Necessity Defense

Back 86

The D reasonably believes that commission of the crime was necessary to avoid an imminent and greater injury to society than that in the crime. (The test is objective)

Front 87

Duress - Defense

Back 87

D 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. (Not defense to homicide)

Front 88

Consent Defense

Back 88

(1) Knowing (2) Voluntary – Only a defense when the crime requires lack of consent.

Front 89

Entrapment - Defense

Back 89

(1) The criminal design originated with law enforcement officers, AND
i. (2) D was not predisposed to commit the crime prior to contact by the government.