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78 Cards in this Set

  • Front
  • Back
What does every crime require
Every crime requires two elements
a Actus Reas and a Mens Reas
What is Actus Reas
Its a act or failure to act if you have a duty too, that cuases a social harm
What type of Omissions or failures to act fall under the Actus Reas
Criminal liability can only be imposed for failure to act in
1. Special Relationships (husband wife, mother child)
2. contract requires him to act
3. statutory duty
4. defendant creates the risk of harm to the victim
5. defendant voluntarily assumes care of the person
What is a Mens Rae
mens rea is a culpable state of mind.
The intent requirement or knowledge, without mistakes that would negate the mens rea
what does intent, with regards to mens rae mean
One acts with the requisite intent if it is his or her conscious object or purpose to cause a certain result or to engage in certain prohibited conduct

Or, One intends a particular harm if one knows to a VIRTUAL CERTAINTY that ones actions will cause THAT social harm
What is intent under the MPC
a person may not be convicted of an offense unless he acted PURPOSELY, KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY, as the law may require, with respect to EACH material element of the offense
if it is his conscious object to engage in conduct of that nature or to cause such a result

is aware of the existence of such circumstances or he believes or hopes that they exist
He is aware that his conduct is of a certain kind of that certain circumstances exists

He is aware that it is practically certain that his conduct will cause
Consciously disregards a substantial and unjustified risk that the material element exists or will result form his conduct

Risk is substantial and unjustifiable, if its disregard involves a gross deviation from the standard of conduct that a LAW-ABIDING PERSON would observe in the actor situation

A reckless defendant consciously disregards that risk
Be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct.

Risk is substantial and unjustifiable if its disregard involves a gross deviation from the standard of conduct that a REASONABLE PERSON would observe in the actors situation

Whereas the negligent defendant's risk-taking is inadvertent
What is Transferred intent
when you try and kill one person miss, and kill another the intent is transferred to the other person

Must be the same social harm, you cant try to kill a dog, and accidentally killed a human
What is General Intent
when the definition of a crime consist of only the description of a particular act, WITHOUT REFERENCE OF INTENT to do a further act of achieve a further consequence.

When the required mental state entails only an intent to do the act that causes the harm

Defendant desired to commit the act which served as the actus reus
What is Specific Intent
When the definition REFERS TO DEFENDANT'S INTENT to do some further act or achieve some additional consequences

When the required mental state entails an intent to cause the resulting harm

Defendant, in addition to desiring to bring about the actus reus, must have desired to do something further
What is Willful blindness
wheres a defendant has a suspicion that something is the case, but in order to be able to deny knowledge has purposely refrained from making inquires which would have led to the knowledge in question
What is Mistake of Fact for Common Law
1. Look at the statue
2. is the crime General or Specific intent?

Specific Intent Crime: if the mistake is based on a good faith belief even if unreasonable, usually requires purpose or knowledge, not negligence as someone who does not know what they are doing cannot have purpose

General Intent: if the mistake is based on a good faith belief that is reasonable can be negligent
Mistake of Fact for MPC
mistake of act is a defense if it negates the mental state required to establish any element of the offense

EXCEPTIONS: not available if the defendant would be guilty of another offense had the circumstances been as he supposed, the Code only permits PUNISHMENT AT THE LEVEL OF THE LESSER OFFENSE
What is the general rule for Mistake of Law for Common Law and MPC
ignorance of the law is no excuse, Mistake of the law is no DEFENSE
What are the 3 expect ions to Mistake of Law
1. a person who reasonably relies on an official interoperation of the law that turns out to be erroneous can not be exonerated
2. ignorance of the law can be a defense to a crime if knowledge that the prohibited conduct is unlawful is an element of the crime
3. under limited circumstances, the prosecution of a person who lacks fair notice of a legal duty imposed by law can violate due process
What is Causation, and how is it used in Criminal Law
Causation is mainly required for RESULT CRIMES (MURDER)

Actual (But For) : BUT for D's voluntary act would the social harm have occurred when it did

Proximate: Whether it would be fair, and just to hold D criminal liable, was it Foreseeable
what is the Intervening Cause Analysis - Dependent Intervening Cause
one that is dependent upon or responsive to the defendants voluntary act.

If dependent - the general rule is that the D is the proximate cause unless the intervening cause is extremely unusual or bizarre
What is the Intervening Cause Analysis - Independent Intervening Cause
General Rule is D is generally relieve of criminal liability (unless its foreseeable)
What is Murder - Common law
unlawful killing of a human being by another human being WITH MALICE AFORETHOUGHT
What is Manslaughter- Common law
unlawful killing of a human being by another human being WITH OUT MALICE AFORETHOUGHT
What is the MPC for Criminal Homicide
A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being.

Criminal Homicide is murder, manslaughter or negligent homicide
What is the Malice Aforethought for Murder
Its the Mens Rea Element

1. An intent to Kill (express malice) - Normall a First Degree Murder
2. An intent to commit serious bodily injury (implied malice)
3. An abandoned and malignant heart also known as depraved heart (implied malice)
4. The Felony Murder Rule (implied malice)
What is the MPC elements to Murder
Expect under manslaughter provision, criminal homicide constitutes murder when:
1. it is committed purposely or knowing; or
What is a Common Law First Degree Murder
1) the murder invalid premeditation and deliberation
2) was committed using a means specified in the first degree murder statue, such as lying in wait, poison, or torture
3) Murder occurred during the commission or attempted commission of an enumerated felony (BARRK)
What is the premeditation element of 1st Degree Murder
Killer must have reflected upon and thought about the killing in advanced.

Must have some period of reflection
No automatic time frame is needed
process of thinking about a proposed killing before engaging in it
can be an instantaneous moment
Is a Cold Blooded Killing
What is the Deliberation element of 1st degree murder
refers to the quality of the accused thought processes (in general is one then with a cool head) Some period of reflection when mind is clear from excitement or passion
What is Second Degree Murder
This is the default charge when dealing with murder. Has no premeditation or deliberation, Normally is a hot-blooded murder that occurs without adequate provocation, where a person acts instantaneously with no time to think about it, Or a depraved heart murder where the D is extremely reckless in that he is aware of a substantial risk but takes it anyway
What is Common Law Voluntary Manslaughter
Intentional killing that would normally qualify as second degree murder, but which is reduced to this lesser crime though the application of a partial defense (provocation, imperfect self defense, diminished capacity) Done Hot Blooded
What is Common Law Involuntary Manslaughter
If D brought about the death of another human being through CRIMINAL NEGLIGENCE - Gross negligence reckless
What is the MPC Manslaughter
1) When it is committed recklessly but without manifesting extreme indifference to the value of human life
2) when a homicide that would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or exucse
What is the Doctrine of Legally Adequate provocation
one who kills in response to legally adequate provocation is treated as having acted without malice aforethought.

Heat of Passion defense
provocation mitigates the defendants culpability
concession of human weakness
What is the test that is used to find Legally Adequate Provocation?
The reasonable person test is used, where you look to see if a reasonable person faced with the same circumstances would have thus acted. You also look at the passage of time to see if there was enough time for the persons passion to cool.

NOTE: words alone are never enough to constitute adequate provocation under order to mitigate down from murder from Manslaughter

There also must be a causal connection between the provocation and the passion and killing
What is the MPC extreme and mental or emotional disturbance defense
Considered from the point of view from Actors shoes. You have to look at all their circumstances, appears more subjective than the common law approach. Its not an insanity approach. The provocation does not have to come from the victim. MPC does not take cooling off into account
What is the Common Law Depraved Heart Murder
the killing of a human being committed unintentionally but recklessly under circumstances manifesting extreme indifference to the value of life
What are the two ways to get a Common Law involuntary manslaughter conviction
1. the prosecutor can prove that the defendant had the requisite mens tea for involuntary manslaughter: criminal negligence, gross negligence, recklessness
2. Through the application of the misdemeanor manslaughter rule

To determine whether it should be a 2nd degree murder or involuntary manslaughter look at the level of recklessness
What is the Common Law Felony Murder Rule
a person who kills during the commission or attempted commission of a felony has committed murder
What are the rules that limit the Felony Murder Rule
1. Inherently Dangerous Felony Limitation: A homicide that is a direct result of the commission of a felony that is inherently dangerous to Humans
2) The Res Gestae Requirement: the felony and the homicide must be close in time and distance, must be temporal and geographical proximity. There also must be a causal connection between the felony and the homicide
3) The Merger Doctrine: This is the absorption of a lesser offense when a person is charged with both crimes, so the person is not subject to double jeopardy. Example: being charged with Battery and Murder of the same person, Battery is an element of murder thus they merge into a solo charge
What are the rules that limit the Felony Murder Rule
1. Inherently Dangerous Felony Limitation: A homicide that is a direct result of the commission of a felony that is inherently dangerous to Humans
2) The Res Gestae Requirement: the felony and the homicide must be close in time and distance, must be temporal and geographical proximity. There also must be a causal connection between the felony and the homicide
3) The Merger Doctrine: This is the absorption of a lesser offense when a person is charged with both crimes, so the person is not subject to double jeopardy. Example: being charged with Battery and Murder of the same person, Battery is an element of murder thus they merge into a solo charge
What is the Agency Rule, and Third Party Killings?
the doctrine of felony murder does not extend to a killing although growing out of the commission of the felony, if directly attributable to the act of one other than the defendant or those associated with him in the unlawful enterprise
What is a Case in Chief Defense
one in which the defendant attacks the prosecutions case in chief by arguing that the prosecutor has failed its burden of proof on at least one essential element

all the D has to do is rise a reasonable doubt as to the existence of one element
What is an Affirmative Defense
One in which the defendants attorney admits that the government has mets its burden of proof regarding the case in chief but argues the the nonetheless should be acquitted for some other reason.

D must convoke the jury by a preponderance of the evidence that the necessary elements of the affirmative defense exists

Characterized as either justification or excuse defense
What is a justification defense
one in which the D claims he did the right thing or took the most appropriate action under the circumstances.
Example: Self Defense
You look to the correctness or justness of D's Actions
Only applies to any the Defendant
What is an Excuse defense
The D's act is presumed to have been wrongful, but the defendant ask us to excuse him for some other reason.
Example: Insanity, Mistake, or ignorance
Personal only to the Actor
What is Common Law Self-Defense
the triggering condition for a self-defense claim is the D's honest and reasonable belief that he is threatened with an imminent threat or unlawful force. The D does not have to be correct in this belief that the force was necessary in order to defend against an imminent threat of unlawful force.
1. Necessity
2. Imminence
3. Proportionality
What is Battered Woman Syndrome
when the use of expert testimony about symptoms and results of abuse, but not the D specifically. The treat is still imminent even in a time of no aggression at the current moment. It can be used to argue the reasonable use in the woman's perception.

Systematic pattern of domination and control that the batterer exerts over his victim
Hinding, denying, and minimizing the abuse
What is Defense of Others Doctrine - Common Law
used when a person uses force again another person to defend a third person he thinks is in imminent danger of unlawful attack

triggering event - a third person under imminent unlawful attack
2. Necessity requirement
3. proportionality
4. D honestly and reasonably believes the force he used was necessary to protect a third person
What is Defense of Others under the MPC
Defense of others is justifiable when,
1. actor would be justified under self defense to protect himself against injury he believes to be threatened to person whom he seeks to protect and,
under the circumstances as the actor believes them to be the person whom he seeks to protect would be justified in such protective force,
actor believes intervention is necessary
What is Defense of Habitation
the occupant of a dwelling may use deadly force against an intruder only if he reasonable believes that such force is necessary to prevent imminent unlawful entry and that intruder intends to commit a forcible felon or kill or cause grievous bodily injury to the occupant or another of the dwelling

1. Unlawful forcible entry into home
2. intruder not a family member
3. residential owner used force with in the home
4. owner had knowledge of entry
What is Defense of Propery
a person is justified in using reasonable non-deadly force to protect his property from theft, destruction, or trespass if the D reasonable believes the property is in immediate danger and does not use deadly force.

What is the common law Necessity Requirement
1) the harm the D was seeking to avoid was greater than the harm the defendant would likely cause by breaking the law
2) legislature has not determine the matter in a way that foes against the defendant
3) cause connection between the Ds illegal act and the harm the defendant was seeking to avoid
4. no effective legal alternative was available to the defendant
5. the D was see kings to avoid a clear and imminent danger AND
6. the D was not at fault for creating the dangerous situation

MPC Necessity
Conduct the actor believes to be necessary to avoid a harm or evil himself or other is justifiable provided that
1. the hair or evil south to be avoided by such conduct is great than that sought to be prevented by the law defining the offense charged
2)Neither the code not other law defining the offense provides excepts or defenses dealing with the specific situation invalid
3) A legislative purpose to exclude the justification claimed does not otherwise plainly appear
What is the Common Law Duress
Coercion in which the defendant claims she/he was threatened by another person with physical force either to him/her self or to a third person unless he/she committed a specific crime

1. defendant acted in response to an imminent threat of death or serious bodily harm
2.defendant had well grounded fear that the threat would be carried out unless she committed a specified crime
3. defendant had no opportunity to escape the threatened harm

Is Voluntary Intoxication a Defense?
where D voluntarily intoxicated himself, to the point where he is no longer aware of his actions. It is not a justification or an excuse and is only available for specific intent crimes
Is involuntary intoxication a defense?
this is a defense for both specific and general intent, and temporarily insanity. Must prove he was so intoxicated such that he did not know the nature and quality of the act or the difference between right and wrong
What is the Insanity Defense?
This is an excuse not a justification. If the Defendant is found guilty but mental ill he will be sent to a mental hospital. It is measured at the time of the crime, and not before after or at trial
What are the 2 Tests for Insanity
1. Common Law - M'Naghten Test: the defendant did not know by reason of mental disease the nature and quality of the act or if he did know that he did not know the act was wrong
MPC TESt: the defendant lacked the substantial capacity to appreciate the criminality or wrongfulness o his conduct or conform his conduct to the requirements of the law
What is infancy as a defense?
the court looks at whether the child defendant at the time of the act knew the difference between right and wrong,
1. 0-7 cannot be put on trial
2. 7-14 presumption of incapacity, unless evidence that supports otherwise
3. 14+ the child is per se competent
What is Larceny?
The rescissory Taking and carrying away of property from the possession of another with the specific intent to permanently deprive the owner of it
What is larceny by Trick
Where the owner gives consent to a temporary possession or possession for a limited purpose the expiration of that qualification creates constructive revestment of the possession in the true owner
1. Received possession through deceit
2. Constructive possession - when a principle delivers property to an agent to use keep make delivery for the principle
What is the asportation with Theft/Larceny
the assertion of control over and some movement of the item contrary to the possession of the true owner no matter how slight
What is embezzlement
1. the intentional conversion
2. of property of another
3. by someone who is already in lawful possession of it
What is False pretense / larceny
1. false statements of fact that
2. causes the victim
3. to pass title to the defendant
4. the defendant must know that the statement is false
5. and thereby intent end to defraud the victim
What is Burglary
a person is guilty of burglary if he entered or unrepititiously remains in a structure knowing that he is not licensed or privileged to do so, with the intent to commit a rime there in

1. entry
2. of a structure
3. with knowledge that eh entry is not licensed
4. with the intent to commit a crime within the structure - intent at the time of entry
What is a Robbery
Also know was a larceny + an assault

trespassory taking and caring away the
property of another
by force or by threat of force
in the owners presence
with the intent to permanently deprive
What is the Common Law on Attempt Crimes
There is no single test for determining whether and when a D's acts go beyond mere preparation and become sufficient for the crime of attempt.

Look at what remains still to be done.
What is the MPC on Attempt Crimes
Requires a substantial step towards the culmination of the commission of the targeted offense

Focuses on what D has already done
What is the Actus Reas, and Mens Rae for the an Attempt Crime
Actus Reas: Mere preparation is never enough, must have made substantial step in furtherance of the crime.

Mens Rae: must have intended to do the acts which if they had been carried out would have resulted in commission of that crime
What is accomplice liability, and Complicity - Common Law
Accomplice must intentionally assist principle. Need actual participation of the crime, offer assistance
What is Common Law Crime for Conspiracy?
An agreement between two or more persons to commit either ne or more criminal acts or one or more acts that are non-criminal but are corrupt, dishonest, fraudulent, immoral and in that sense illegal.

If you conspire you are libel for all the crimes that spawn off of it.
What is the Pinkerton Rule
applies agency law to conspiracy - criminal punishment of you for crimes committed by coconspirators that were foreseeable

NOTE: minor participant with no actual knowledge will not be held liable
What is Forcible Rape
2 Elements are requires
1. Force
2. Lack of consent
What is Statutory Rape
A crime in law to protect children, Minors who are too young to have consensual sex. The victims is of an age where the law does not recognize the consent of sex.

What is the absolute defense to Rape?
Consent is a complete defense to rape, unless it was given under duress
What are the Crimes i should know
Homicide - Murder, and Manslaughter
Theft - Larceny, False pretense, Robbery, Burglary Embezzlement
Rape- Forcible, Statutory
What the defenses that can be used for crimes
Self Defense, of others property, and habituation
Diminished Capacity