Criminal Law Mbe And Md Law

Front 1

What is homicide ?

Back 1

Homicide is the death of a human being caused by another human being.

Front 2

What is first degree murder?

Back 2

Intentional Killing of a human being by another without excuse, justification or mitigation, but with premeditation (in fact reflected) and deliberation (cool mind)

Front 3

What are the two types of first degree murder?

Back 3

Intentional Killing WITH premeditation and deliberation and Felony Murder.

Front 4

What are the 3 types of 2nd Degree Murder?

Back 4

1. Intentional Killing Without Premeditation and Deliberation
and
2. Depraved Heart Murder
3. Intent to Cause Serious Bodily Injury

Front 5

Can the specific intent to cause serious bodily injury be murder if a death results?

Back 5

Yes, 2nd Degree murder.

Front 6

Is the year and a day rule in effect in Maryland.

Back 6

No. The rule has been abolished in MD.

Front 7

What is the definition of Felony Murder?

Back 7

A killing that occurs
during the course of
and in furtherance of
and inherently dangerous felony.

Front 8

What are the two types of Manslaughter?

Back 8

Voluntary and Involuntary

Front 9

What is the difference between murder and manslaughter?

Back 9

Malice

Front 10

What are the inherently dangerous felonies?

Back 10

Burglary
Arson
Rape
Robbery
Kidnapping
(at common law)

Front 11

What does voluntary manslaughter require?

Back 11

Adequate Provocation
In Heat of Passion
No Time to Cool OFF

Front 12

What are the inherently dangerous felonies in MD?

Back 12

MRS BAKER
Mayhem
Rape
Sodomy
Burglary
Arson
Kidnapping
Escape
Robbery
PLUS
Car Jacking
Crimes involving explosives

Front 13

What is the year and a day rule?

Back 13

When a death occurs within a year and a day of defendant's act

Front 14

What are Imperfect Defenses?

Back 14

Self Defense, Defense of Others, and the right to use deadly force to apprehend DANGEROUS criminals or prevent felonies, missing an element necessary for any of these, may reduce murder to voluntary manslaughter.

Front 15

What is Imperfect Self Defense?

Back 15

ISD occurs when a person has an honest, BUT UNREASONABLE, belief that deadly force is necessary for self defense.

Front 16

What are other forms of Voluntary Manslaughter?

Back 16

Coercion and Necessity.
Assisting in Suicide.
Diminished Mental Capacity.

Front 17

What are the types of Justifiable Homicides?

Back 17

Killings Done Under Public Authority,Killings to Prevent Escape. ,Killings to Prevent Crime ( dangerous felony, use of deadly force REASONABLY necessary to prevent crime, and crime prevention is the motive).

Front 18

Under the Majority Rule, must one retreat before using deadly force when faced with IMMINENT DANGER OF DEATH OR SEVERE BODILY HARM?

Back 18

No. Under the Majority Rule, there is no duty to retreat.

Front 19

In Maryland AND the Minority Rule (NOT THE MAJORITY RULE), must one retreat when faced with imminent danger of death or severe bodily harm?

Back 19

Maybe. If retreat can be accomplished safely, then there is a duty to retreat before using DEADLY FORCE. EXCEPTION: NO DUTY TO RETREAT IN YOUR OWN HOME.

Front 20

Is there a duty to retreat before using non-deadly force in self defense?

Back 20

No. The majority rule, the minority, rule and MD all agree that there is no duty to retreat before using non-deadly force in self-defense.

Front 21

What is the Castle Doctrine?

Back 21

The Castle Doctrine provides that even in jurisdictions, like MD, that require retreat, a person in his own home or office, is not required to retreat before using DEADLY FORCE.

Front 22

When can a first aggressor assert the defense of self-defense or use deadly force?

Back 22

1. He attacked with non-deadly force and was met with deadly force in return or
2. He withdrew and too reasonable steps to notify the victim of his withdrawal.

Front 23

Under the TRADITIONAL RULE, can a person use non-deadly force to resist an unlawful arrest?

Back 23

Yes.

Front 24

Under the TRADITIONAL RULE, when can a person use deadly force to resist unlawful arrest?

Back 24

A person may only use deadly force if the arrest was carried out with excessive force.

Front 25

Is the use of deadly force ever justified to defend property that is not a dwelling?

Back 25

No. Only reasonable non-deadly force can be used to prevent trespass or loss of personal property, or unlawful entry or trespass.

Front 26

What is first degree assault in MD?

Back 26

Common Law Assault, with the intent to cause "serious physical injury" includes strangulation, dismemberment, etc. or a firearm regardless intent.

Front 27

What is 2nd Degree Assault in MD?

Back 27

Same as Common Law Assault.

Front 28

What is motion to suppress ?

Back 28

A motion to exclude evidence seized in violation of the Constitution? (Circuit Court, before trial, must rule before trial). W/burden on defense, w/0 its on the government.

Front 29

What is Assault in the 3rd Degree?

Back 29

Intentionally causing physical injury (excluding minor injury) to a person who the defendant should know is a police officer on duty.

Front 30

What is Reckless Endangerment?

Back 30

The creation of a substantial risk of death or serious injury to another or recklessly discharging a firearm from a vehicle.

Front 31

In MD can a person be charged with arson for burning their own home?

Back 31

Yes.

Front 32

What is burglary in the first degree in MD?

Back 32

Burglary in the first degree occurs when a person breaks, enters, the dwelling of another with the intent to commit theft or crime of violence.

Front 33

What is Burglary in the 2nd Degree in MD?

Back 33

Burglary in the 2nd occurs when a person breaks, enters, the STOREHOUSE of another, with intent to commit theft, a crime of violence, or arson in the 2nd Degree.

Front 34

What is Burglary in the 3rd Degree in MD?

Back 34

Burglary in the 3rd occurs when one breaks and enters the dwelling of another with the intent to commit ANY CRIME.

Front 35

What is burglary in the 4th Degree?

Back 35

Burglary in the 4th occurs when one breaks, enters, the DWELLING OF ANOTHER, presence in the dwelling OR storehouse, any yard, garden, with intent to commit theft; possession of burglary tools with intent for anyone to use the tools to steal.

Front 36

What are crimes of Violence under the MD burglary statute?

Back 36

Murder
Robbery
Maiming and Mayhem,
Rape
Sex Offense in 1st or 2nd
Carjacking
Handgun for felony or violent crime
Assault in 1st
Kidnapping
Arson in 1st

Front 37

What is the M'Naghten Test for insanity?

Back 37

A person is legally insane if:(1) the person could not understand the nature and quality of their actions or (2) that their actions were wrong.

Front 38

What is the Durham Rule or Test of Insanity?

Back 38

If the unlawful act was produced by the mental disease, then the person is legally insane.

Front 39

Can a defendant be charged with separate crimes, in separate trials, arising from the same criminal transaction?

Back 39

Yes, unless any of the charges are lesser included offenses of other charges.

Front 40

In MD, does the transferred intent doctrine apply to attempt?

Back 40

No. Example: D shoots to Kill V, misses hits B, B doesn't die.
Attempt murder on V, Assault on B, but not Murder attempt on B.

Front 41

What is Co-Conspirator liability?

Back 41

Conspirators are liable for each others foreseeable crimes.

Front 42

What is Robbery with Dangerous Weapon?

Back 42

Robbery with a weapon likely to cause death or serious injury.

Front 43

What is Solicitation?

Back 43

Asking another person to commit a crime.

Front 44

What is Robbery?

Back 44

Theft plus force.

Front 45

What is Attempt?

Back 45

Taking a substantial step beyond mere preparation to commit a crime.

Front 46

What is RDW / Armed Robbery?

Back 46

Robbery
Committed w/ a DW - any weapon likely to cause death or serious bodily harm

Front 47

CARJACKING / ARMED CARJACKING – MD Statute

Back 47

Trying to take a car
Armed = w/ DW
No asportation element
General intent

Front 48

What is CL Assault?

Back 48

Attempted battery type
Tried to hit, but missed
General intent
Ex. Swing at V but missed
Intent to frighten type
“Intentionally placing another in fear of an imminent battery.”
Specific intent
Imminent battery - not future or conditional
Ex. Pointed gun and said “gonna shoot you.”

Front 49

What is common law battery?

Back 49

The unlawful touching of another.”
intentional
negligent battery

Front 50

1st Degree Assault

Back 50

2nd degree assault committed with:
a firearm, regardless of intent, OR
specific intent to cause death, or serious bodily injury

Front 51

Reckless Endangerment

Back 51

Conduct that creates a
substantial risk of death or serious physical injury,
where the risk is known or should be known by the actor

Front 52

Stalking

Back 52

A pattern of conduct that includes approaching or pursuing another
Pattern of conduct means a series of acts over a period of time, not a single incident
with the specific intent to place that person or another in reasonable fear of death or serious bodily injury.

Front 53

Harassment

Back 53

A pattern of conduct
in a public place
without a lawful purpose
with the specific intent to harass, annoy, etc. another
after a reasonable warning to desist

Front 54

Common Law Burglary

Back 54

Breaking and entering the dwelling house of another in the nighttime with the specific intent to commit a felony therein

Front 55

1st Degree MD Burglary

Back 55

Breaking and entering the dwelling house of another with the specific intent to commit a theft or crime of violence therein.
dwelling only
day or night
intent to commit a theft or crime of violence

Front 56

2nd Degree MD Burglary

Back 56

(Storehouse breaking)
Breaking and entering the storehouse (not a dwelling) of another with the specific intent to commit a theft, crime of violence or arson therein.

Front 57

3rd Degree MD Burglary

Back 57

Breaking and entering the dwelling house of another with the specific intent to commit any crime therein.
dwelling only
day or night
intent to commit any crime – a misdemeanor

Front 58

MD 4th Degree Burglary- 3 types

Back 58

B & E of any structure – dwelling or storehouse
No intent required

Being on premises w/ specific intent to commit theft
No B & E required (e.g., came in open door)

Possession of burglar tools w/ specific intent to commit a theft

Front 59

What is Common Law Arson?

Back 59

Intentionally
General intent
burning
Some “charring of the structure”, not just drapes or furniture
the dwelling house
Adapted for sleeping
of another

Front 60

MD 1st Degree Arson

Back 60

Intentionally burning a dwelling or any structure with person in it
Even if D is owner
Dwelling includes outbuildings close to the house
Knowledge that a person is in the dwelling is NOT required

Front 61

MD 2nd Degree Arson

Back 61

Intentionally burning a structure
“Structure” – a non-dwelling; includes cars and boats
Even if D is owner

Front 62

Malicious Burning - 1st and 2nd degree

Back 62

Intentionally burning personal property of another
2nd degree: $999 or less
1st degree: $1,000 or more

Front 63

Burning with intent to defraud

Back 63

Burning any property (real or personal) with intent to defraud

Front 64

Malicious Destruction

Back 64

Intentionally (“willfully and maliciously”)
Specific intent - to damage the property
Damaging (“destroy, injure or deface”)
Property - real or personal
Value is not an element
Of another
Misdemeanor
Increased penalty if damage = $500 or greater

Front 65

Trespass on Posted Property

Back 65

Elements - A person may not:
Enter on land
that is “conspicuously” posted against trespassing
signs may reasonably be seen
stating “NO Trespassing” or similar language

Front 66

Trespass on Private Property After Warning

Back 66

Elements - A person may not:
Enter or remain on land
After notice
not to enter, or
to leave if already on property
Misdemeanor

Front 67

POSSESSION OF A DEADLY WEAPON

Back 67

Wearing or carrying
a deadly weapon
Enumerated OR anything if used as a weapon
Excludes penknives and handguns
openly with the specific intent to injure; or
concealed, regardless of intent

Front 68

Handgun - defined

Back 68

Concealable – small enough to hide; not a rifle
Firearm - uses gunpowder; not a BB gun, CO2 gun, toy gun, cap gun, etc.
Need not be loaded

Front 69

Knowing possession of a
CONTROLLED DANGEROUS SUBSTANCE

Back 69

Knowing – must know you have it and know it is CDS
Possession – exercising “dominion & control”
Joint or exclusive possession
Actual or constructive possession
Constructive Possession – Think “MP3”
Mutual use and enjoyment
Proprietary interest
Plain view or knowledge
Proximity
of a CDS – listed on the “CDS Schedule” – a list of drugs

Front 70

Voluntary transfer of possession of CDS

Back 70

Voluntary transfer
Need not be a sale
of possession
of CDS

Front 71

Poss. w/ Intent to Distribute CDS

Back 71

Possession
of a sufficient quantity
Large enough quantity to suggest not for personal use
of CDS
to indicate under all of the circumstances
Even if small quantity, circumstances may suggest intent to distribute
an intent to distribute the CDS
Not merely personal use

Front 72

Conspirator’s Liability

Back 72

Co-conspirators are liable for each others actions committed during the course of and in furtherance of the conspiracy.

Front 73

Voluntary Intoxication

Back 73

Successful defense if too drunk to form required mental state [specific intent]
Must be soooo drunk that can’t form specific intent
Never successful for general intent crimes – public policy decision

Front 74

Involuntary Intoxication

Back 74

Always works as a defense to any crime

Front 75

Is Bigamy a strict liability crime?

Back 75

Yes. No mens rea requirement. Mistake of law is no mistake.