Term
| Failure to act results in criminal liability when it is: |
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Definition
1. Imposed by statute
2. Contractual agreement
3. Special relationship
4. Detrimental undertaking
5. Causing the victim's peril. |
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Term
| What are specific intent crimes? |
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Definition
1. First Degree Murder
2. Inchoate crimes (conspiracy, attempt)
3. Assault with intent to commit battery.
4. Theft Crimes |
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Term
| What is the definition of malice at common law and what were the common law malice crimes? |
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Definition
| A reckless disregard of a high risk of harm. Common law murder and arson. |
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Term
| What is the necessary intent required to be guilty of a general intent crime? |
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Definition
| Intent to perform the act/ |
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Term
| An honest but unreasonable mistake of fact can negate the intent for which type of crime? |
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Definition
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Term
| An honest and reasonable mistake of fact can negate the intent for which type of crime? |
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Definition
| General intent, malice, or specific intent |
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Term
| Mistake of law is only an excuse where |
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Definition
1. There is reliance on a decision of a court, admin order, or official interpretation of law determined erroneous after the conduct.
2. A statute defining a crime that is not "obviously wrong" (malum prohibitum) was not made reasonably available prior to the conduct.
3. An honestly held mistake of law negates criminal intent |
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Term
| T or F, Incorrect or bad legal advice from a licensed attorney may avoid criminal liability for someone acting on it? |
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Definition
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Term
| A state has authority to prosecute persons where the conduct occurred: |
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Definition
1. Outside the state that consitutes an attempt to commit a crime within the state.
2. Outside the state where the conduct is a conspiracy to commit a crime within the state AND an overt act occurred in the state
2. Conduct within the state to commit attempt, solicitation, or conspiracy of a crime in another jx when the state and the other jx recognize the crime
AND
4. The failure to perform outside the state a duty imposed by the state. |
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Term
| What is a principal to a crime |
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Definition
| A person whose acts or omissions are the actus reus of the offense. The person must be actively or constructively present during the commission of the crime. |
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Term
| Which types of accomplices may be tried for the same crime as the principal (only if those crimes are the natural and probable consequences of the accomplice's conduct)? |
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Definition
| Accessory before the fact and principal in the second degree. NOT accessory after the fact. |
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Term
| How does an accomplice withdraw from liability? |
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Definition
| 1. Repudiate prior aid 2. Do all that is possible to countermand assistance 3. Do so before the chain of events is in motion and unstoppable. |
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Term
| When two people are necessary for the commission of a crime, can a person be convicted as an accomplice? |
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Definition
| No, where a person is convicted of selling drugs, the purchaser cannot be an accomplice. |
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Term
| What will an accessory after the fact be convicted of? |
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Definition
| A crime like obstruction of justice or harboring a fugitive. |
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Term
| Caan a person who fails to report a crime be convicted for that failure? |
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Definition
| Not generally, unless they give false information to the police. |
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Term
| What are the four tests for insanity to be properly plead and proven, and how do the tests work? |
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Definition
1. M'Naghten-defendant is not guilty if he did not know either the nature and quality of the act OR the wrongfulness of the act.
2. Irresistable impulse-Not guilty if D lacked the capacity for self-control and free choice because mental disease or defect.
3. Durham test- Not guilty if the unlawful act would not have occurred but for the mental disease or defect.
4. Model Penal Code Test- Not guilty if as a result of mental disease or defect, D did not have the capacity to appreciate the wrongfulness of his act or to conform his conduct to law. |
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Term
| What type of crime is voluntary intoxication a possible defense to? |
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Definition
| A specific intent crime ONLY IF intoxication prevents the formation of the requisite intent. |
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Term
| What types of situations will involuntary intoxication be a defense? |
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Definition
1. When a person takes a substance without knowledge of its intoxicating effect.
2. Under duress. |
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Term
| At common law, someone could not be convicted of a crime under the age of______ Until the age of______ they are rebuttably presumed to be incapable of committing a crime. |
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Definition
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Term
| What are the four types of murder at common law? |
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Definition
| 1. Intent to kill 2. Intent to cause serious bodily injury 3. Depraved-heart murder 4. felony murder. |
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Term
| What type of causation is necessary to secure a conviction? |
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Definition
Actual but-for cause AND Proximate cause
Proximate cause is whether the death was a "natural and probable consequence" of the defendant's conduct. |
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Term
| At common law, if what amount of time passed between the act and death of the victim would a person be presumed conclusively not to be the proximate cause of a killing? |
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Definition
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Term
| What are the inherently dangerous felonies which under common law will secure a felony murder conviction, and under modern statutes give rise to a proper charge for first-degree murder? |
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Definition
BARRK
Burglary
Arson
Robbery
Rape
Kidnapping |
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Term
| What are the defenses to felony murder? |
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Definition
1. A valid defense to the underlying felony
2. The felony was not distinct or independent of the killing itself i.e. aggravated battery.
3. Death was not a natural and probable consequence of the felony
4. Death occurred after the commission of the felony and the ensuing flight from the scene. |
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Term
| If a bystander is killed by a police officer or co-felon during the commission of a felony, who is culpable? |
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Definition
| Under proximate cause theory, which is the majority, the felon will be culpable if death is a direct consequence of the felony. Under agency theory, they will only be culpable if a fellow agent committed the killing. |
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Term
| Will a co-felon during the commission of a felony be liable for the death of one of his co-felons. |
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Definition
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Term
| Under modern statutory murder, what are the four types of first-degree murder? |
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Definition
1. Murder provided by statute to be first degree murder.
2. Premeditation of the killing
3. Heinous acts such as terrorism, lying in wait, ambush, bombing.
4. Felony Murder with one of the BARRK felonies underlying. |
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Term
| Under modern statutory murder, what are the types of second degree murder |
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Definition
1. Felony murder where the underlying crime is not one of the BARRK felonies, but statute provides that it's first degree.
2. Intent to kill w/o premeditation
3. Intent to inflict serious bodily injury
4. Depraved-heart murder.
5. Statutorily provided second-degree murder. |
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Term
| What are the requirements for the heat of passion mitigation |
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Definition
1. Provoked by a situation that would inflame the passion of a reasonable person. (Discovery of adultery, threat of deadly force, serious battery, NOT TAUNTS)
2. Not sufficient time for the killer to "cool off". |
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Term
| What is imperfect self-defense? |
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Definition
| An honest but unreasonable belief of an imminent and serious risk of deadly force or serious bodily injury. |
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Term
| What is involuntary manslaughter? |
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Definition
| An unintentional homicide committed with recklessness or negligence. Also, can be during the commission of a "malum in se" (inherently evil) misdemeanor. |
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Term
| What are the elements of larceny? |
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Definition
| 1. Trespassory 2. Taking 3. Carrying away (asportation) 4. Of the personal Property 5. Of another 6. With the intent to PERMANENTLY deprive the person of the property. |
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Term
| Can larceny be committed against a thief? |
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Definition
| Yes, unless the taker has a superior possessory right to the property |
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Term
| When a person has custody of rather than possession of personal property, can they be convicted of embezzlement? |
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Definition
| No, only larceny. A person must have rightful possession of property for embezzlement to be proper. |
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Term
| What is larceny by trick? |
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Definition
| One who obtains possession of, but not the title to property owned by another through fraud or deceit who has the intent to unlawfully convert and who later does so convert. |
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Term
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Definition
| 1. Fraudulent 2. Making 3. Of a false writing 4. With apparent legal significance 5. With the intent to defraud. |
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Term
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Definition
| 1. Fraudulent 2. Conversion 3. Of the property 4. Of another 5. By a person who is in lawful possession of the property |
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Term
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Definition
| 1. Obtaining title to property 2. Of another person 3. Through the reliance of that person 4. On a known false representation of a material past or present fact AND 5. The representation is made with the intent to defraud. |
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Term
|
Definition
1. Larceny
2. By force or intimidation
3. When the taking of the property is from the person or presence of the victim. |
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Term
| Which crimes merge into robbery? |
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Definition
| Larceny, assault, battery |
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Term
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Definition
| At common law it was the unlawful taking of money by a government officer. It has now been extended to encompass the 1. Making of threats 2. In order to obtain the personal property of another. |
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Term
| What is common law burglary? |
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Definition
1. Breaking
2. Entering
3. The dwelling of another
4. At Night
5. With the intent to commit a felony therein. |
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Term
| What does the breaking element of burglary require? |
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Definition
| It can be as little as opening an unlocked door or window, as long as the door or window is not completely open. |
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Term
| Does the use of force to exit a dwelling constitute a breaking if the person obtained entry without breaking? |
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Definition
|
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Term
| What is common law arson? |
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Definition
1. Malicious
2. Burning
3. Of the dwelling
4. Of another |
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Term
| What is receiving stolen goods? |
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Definition
1. Receiving control of stolen property
2. Knowledge that the property is stolen
3. Intent to permmanently deprive the owner |
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Term
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Definition
1. Unlawful
2. Application of force
3. To another person
4. That causes bodily harm to that person
OR
5. Constitutes an offensive touching |
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Term
|
Definition
EITHER
1. An attempt to commit a battery
2. Intentionally placing another in apprehension of imminent bodily harm |
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Term
|
Definition
| Common law battery that causes the dismemberment or permanent disfigurment of a person |
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Term
|
Definition
1. Unlawful
2. Confinement of a person
3. Against that person's will
Coupled with either
4. Movement
5. Or hiding of the person |
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Term
| What is false imprisonment? |
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Definition
1. The unlawful
2. Confinement of a person
3. Without consent |
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Term
|
Definition
1. Unlawful
2. Sexual intercourse
3. With a female
4. Against her will by force or threat of immediate force |
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Term
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Definition
Wilful act of falsely promising to tell the truth verbally or in writing about material matters that affect the outcome of a case.
Subpornation of perjury is encouraging someone to commit perjury |
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Term
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Definition
| Corrupt payment of something of value for the purpose of influencing the action of an official in discharge of his public or legal duties. |
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Term
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Definition
1. Enticing, encouraging, or advising another person
2. To commit a crime
3. With the intent that the other person commits the crime. |
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Term
| Is factual impossibility a defense to solicitation? |
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Definition
|
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Term
|
Definition
1. An Agreement
2. Between two or more persons
3. To accomplish an unlawful person
4. With the intent to accomplish that purpose
5. AN OVERT ACT ONLY IN MODERN JXs |
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Term
| What crimes can a co-conspirator be convicted for related to the conspiracy? |
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Definition
| Both the offense of conspiracy and all substantive crimes committed by any other co-conspirators acting in furtherance of the conspiracy |
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Term
| Is factual impossibility a defense to conspiracy? |
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Definition
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Term
| Is legal impossibility a defense to conspiracy? |
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Definition
| Yes, if the object of the agreement is not a crime. |
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Term
| Under common law and modern statutes, can a person withdraw from a conspiracy? |
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Definition
| Under common law, withdrawal is not a defense to conspiracy. Under modern statutes, a conspiracy withdrawal and renunciation is possible if there is timely notification that is sufficient to "thwart the success" of the conspiracy. |
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Term
|
Definition
1. A substantial step toward the commission of a crime
2. The specific intent to commit the crime |
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Term
| Is factual impossibility a defense to an attempt? |
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Definition
| No, but legal impossibility is. |
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Term
| What are the requirements for self-defense? |
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Definition
| One who is not the aggressor is justified in using reasonable force against another person to prevent immediate unlawful harm to himself. |
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Term
| When can an initial aggressor use self-defense |
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Definition
| An agressor using nondeadly force is met with deadly force OR the aggressor has in good faith completely withdrawn from the altercation and has communicated that fact to the victim. |
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Term
| What can a person do to defend his property? |
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Definition
| A person who has no time to seek assistance from law enforcement may take reasonable steps including the use of nondeadly force to protect property. The force cannot be unreasonably disproportionate to the perceived harm. |
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Term
| Necessity is the result of __________ and duress is the result of_________ |
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Definition
| natural forces, human actions |
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Term
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Definition
| Planning of an offense by law enforcement and the commission of an offense by a person who would not have done the offense except for trickery, persuasion, or fraud of the police officer. |
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