Criminal Law

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Author:
alexcabe
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150737
Filename:
Criminal Law
Updated:
2012-05-09 12:56:02
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Criminal Law
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Criminal Law
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  1. Define Actus Reus
    Physical or external part of a crime
  2. Define a Voluntary act in the MPC
    Willed movement of the body
  3. Define a voluntary act in the common law
    Willed movement of the body
  4. When can an omission be an actus reus under the common law?
    When the actor owes a legal duty to the victim
  5. When can an omission be an actus reus under the MPC?
    When the actor owes a legal duty to the victim
  6. Define Mens rea
    The guilty state of mind that is the subjective component of a crime
  7. What is the mental state of intent toward a result in the common law?
    It means either purpose (concious object to cause result) or knowledge (awareness that the result is reasonably certain)
  8. In the MPC, if no mental state is listed for a crime, what mental state is required?
    Recklessness.
  9. Define the mental state of knowledge toward a result and an attendant circumstance
    When a defendant is aware of the attendant circumstance or practically certain a harmful result will occur
  10. What is willful blindness?
    A form of the mental state of knowledge. When you suspect an attendant circumstance may exist, but willfully avoid investigating it.
  11. What is recklessness toward a result?
    When the actor's reasons for taking the risk as he perceived it were not objectively verifiable
  12. What is recklessness toward an attendant circumstance?
    When an actor suspects, but does not believe, that the attendant circumstance exists
  13. What is negligence toward a result and towards attendant circumstances?
    When the actor should, by the standard of a reasonable person, know the result will happen or be aware of the attendant circumstance, but is not.
  14. What is the mental state of intent toward an attendant circumstance?
    Awareness, belief, or hope that a circumstance exists
  15. Under the MPC, what elements does the listed mens rea apply to?
    All material elements (result, conduct, attendant circumstances)
  16. What mens rea is required for a strict liability offense?
    None
  17. When is mistake of fact a defense at common law?
    • For specific intent crimes, when it is honest
    • For general intent crimes, when it is honest AND reasonable
  18. When is mistake of fact a defense in the MPC?
    When it negates the mens rea required to establish a material element of the offense
  19. What is same law ignorance?
    When the actor did not know his conduct was a crime
  20. What is different law mistake?
    When the actor understands the law to say his conduct is not a crime, but it is.
  21. When is mistake of law a defense in common law?
    When statute provides, actor relies on a highly official statement of law, or actor has not been given notice of the law
  22. When is different law mistake a defense at common law?
    Only when it is an honest mistake about a specific intent element
  23. What is the difference between general and specific intent?
    • General intent is the intent toward the result or conduct, specific intent is acting:
    • 1. With an intent to commit a future act
    • 2. With a special motive
    • 3. Or with awareness of an attendant circumstance
  24. When is mistake of law a defense under the MPC?
    Statute provides, actor reasonably relies on a very official statement of law, or actor has not been give notice of law.
  25. When is different law mistake a defense under the MPC?
    When it negates the mental state required to prove an element of the offense
  26. What is cause in fact?
    Action that causes a result to happen at the time that it happens
  27. What is the substantial factor doctrine?
    Common law doctrine that concurrent sufficient factors can all be charged as the crime.
  28. What are some things that break the chain of causation for proximate cause?
    Voluntary human action, contributory negligance, the events set in motion come to a place of apparent safety
  29. What is Murder at common law?
    The unlawful killing of a human being with malice aforethought
  30. What actions show express malice at common law?
    Intent to kill, premeditation
  31. At common law, what types of murder carry implied malice?
    Depraved Heart, Intent to cause GBH, Felony Murder
  32. At common law, what is depraved heart murder?
    When someone dies because the actor acts with extreme recklessness that shows wanton and antisocial disregard for human life.
  33. At common law, what is felony murder?
    When someone dies in the process of the actor committing a felony. This must be temporally and causally related
  34. At common law, what is voluntary manslaughter?
    Killing in a sudden quarrel or heat of passion
  35. What 3 questions are asked to determine provocation for manslaughter?
    • 1) Was there a provocation?
    • 2) Would that provocation have caused a reasonable man to lose control?
    • 3) Did that person lose control?
  36. In the Pennsylvania scheme, what constitutes 1st degree murder?
    • Purpose to kill plus premediation
    • Purpose to kill plus enumerated manner which shows premeditation (lying in wait, poisoning)
    • Felony murder with certain serious enumerated felonies
  37. In the Pennsylvania scheme, what is second degree murder?
    • Intention to kill without premeditation
    • Purpose to inflict GBH
    • Depraved Heart Murder
    • Felony murder with lesser felonies
  38. In the Pennsylvania scheme, what is voluntary manslaughter?
    Killing in a sudden quarrel or the heat of passion
  39. In the Pennsylvania scheme, what is involuntary manslaughter?
    Killing negligently or in commission of a misdemeanor
  40. In the MPC, what three things are murder?
    • Unlawful killing with purpose
    • Unlawful killing with knowledge
    • Depraved heart murder
  41. In the MPC, what is manslaughter?
    • Unlawful killing commited recklessly
    • Recklessness presumed if committing a felony

    Unlawful killing under extreme mental or emotional disturbance
  42. In the MPC, what is negligent homicide?
    Unlawful killing committed negligently
  43. What is justification?
    When circumstances make ordinarily criminal conduct permissible or desirable
  44. What are the elements to justify use of deadly force?
    • Necessity
    • Imminence
    • Proportionality
    • Reasonable belief that all elements exist
  45. When can initial aggressor use self defense as a justification?
    • When other party presses attack after situation has been defused
    • Or when other party responds to an attack with disproportionate force
  46. What is the castle doctrine?
    In jurisdictions with a duty to retreat, that duty does not apply within the home.
  47. What is imperfect self-defense in common law and what does it do?
    • Means different things in different jurisdictions:
    • Sometimes use of deadly force where belief in danger is honest but unreasonable
    • Sometimes disproportionate response

    Mitigates to a lesser offense
  48. Does the MPC require that threat be imminent to use deadly force?
    No. Only requires that force be immediately necessary
  49. Does the MPC require retreat if it can be done in safety?
    Yes.
  50. Does the MPC require an honest belief that deadly force is necessary, or and honest and reasonable belief?
    Honest belief only
  51. What are the elements for necessity at common law?
    • Harm avoided is imminent
    • No legal alternatives exist
    • Harm caused is less than harm avoided
    • Act has causal relationship to avoding harm
    • D not reckless or negligent in bringing about the necessity
  52. What are the elements of Necessity in the MPC?
    • Actor must believe his conduct is necessary to avoid an evil
    • Harm avoided must be greater than harm caused
    • Must not be pre-empted by statute
  53. What is an excuse?
    Reason that someone who has committed a crime should not be punished for it
  54. Is self-defense a justification or an excuse?
    A justification
  55. Is necessity a justification or an excuse?
    A justification
  56. Is duress a justification or an excuse?
    An excuse
  57. What are the common law elements of duress?
    • Reasonable belief there is an imminent threat of death or bodily injury
    • Reasonable belief there is no reasonable opportunity to escape
    • Defendant did not create situation
    • Does not apply to murder
  58. What are the elements of duress in the MPC?
    • Use or threat of use of unlawful force against a person
    • That a person of reasonable firmness could not resist
    • Not brought about negligently
  59. Is intoxication a justification or an excuse?
    An excuse
  60. When is intoxication a defense at common law?
    When it applies to specific intent elements of specific intent crimes
  61. When is voluntary intoxication a defense in the MPC?
    When it negates an element of the offense
  62. Is insanity a justification or an excuse?
    An excuse
  63. Who bears the burden of proof of insanity?
    The defendant
  64. What is the M'Naghten standard of insanity?
    Mental disease or defect that means you don't know the quality of your act or that it was wrong
  65. What is the irresistable impulse definition of insanity?
    Mental disease makes a defendant unable to resist his impulses and drives him to commit a crime
  66. What is the product test of insanity?
    The criminal act is a product of a mental disease or defect
  67. What is the MPC definition of insanity?
    That, because of a mental disease or defect, actor lacked the substantial capacity to appreciate the wrongness of his conduct.
  68. What is diminished capacity? Does it work in the common law? In the MPC?
    A partial affirmative defense that a mental defect short of insanity diminishes culpability. It mitigates murder to manslaughter.

    • Works in MPC
    • Does not work in Common law
  69. How is insanity used in states that have abolished the insanity defense?
    To negate elements of mens rea
  70. Give an example of a completed attempt
    Person shoots at another person and misses
  71. Give an example of an incomplete attempt
    Person lies in wait to kill another person, but is arrested before he can attempt it
  72. Does the MPC focus more on conduct or state of mind when judging an attempt?
    State of mind
  73. Does the common law focus more on conduct or state of mind when judging an attempt?
    Conduct
  74. What mens rea is required for a completed attempt at a result crime in the MPC?
    Purpose or knowledge
  75. What mens rea is required for an incomplete crime in the MPC?
    Purpose or knowledge
  76. What mens rea is required for a completed attempt at a conduct crime in the MPC?
    Trick question, a completed attempt would constitute the crime
  77. What actus reus is required to convict of an attempt in the MPC?
    A sustantial step toward the crime
  78. What types of impossibility are a defense under the MPC?
    Legal impossibility only
  79. What is legal impossibility?
    • Actor believes his conduct is a crime, but it is not
    • Defense in both common law and MPC
  80. What is hybrid legal impossibility?
    Actor's goal is illegal but offense is impossible due to a factual mistake about an attendant circumstance

    Not a defense in MPC or Common law
  81. What is factual impossibility?
    Intended end is a crime but it is not consumated because of a mistake about a fact

    Not a defense in common law or the MPC
  82. What is inherent impossibility?
    End sought is criminal, but reasonable person would see the means to that end as completely inappropriate

    • Defense in common law
    • Mitigation in MPC
  83. What is the mens rea required for a conduct crime attempt in the common law?
    Purpose
  84. What is the mens rea required for a result crime attempt in the common law?
    Purpose or knowledge
  85. What is the mens rea required toward an attendant circumstance in an attempt at common law?
    The same as is required toward the substantive offense
  86. When does prepartion become an attempt in common law?
    Closer proximity to offense or tendancy to cause fear in a reasonable observer
  87. What are the two intents required for accomplice liability?
    • Intent to facilitate the conduct of the principal and
    • Mens rea toward the result as required by the substantive crime
  88. What actus reus is required for accomplice liability in the MPC?
    • Request, command, or encouragement of the crime
    • Assistance, attempt or agreement to assist
    • Omission (if under a legal duty to prevent the crime)
  89. What actus reus is required for accomplice liability in the MPC?
    • Request command or encouragement
    • Effective assistance
    • Omission (If under an obligation to prevent the crime)
  90. Can a person be convicted of accomplice liability if there is no actual underlying crime, as in a police sting?
    Yes in MPC, no in common law
  91. What is the natural consequences doctrine and where does it apply?
    If principal commits secondary offense that is a natural and probable consequence of the first offense, accomplice can be found guilty of it without intent.

    Common law doctrine only.
  92. When is voluntary intoxication a defense at common law?
    When it negates a specific intent element of a specific intent crime.
  93. When is intoxication a defense in the MPC?
    When it negates any element of the crime. Exception, recklessness not excused by intoxication

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