Criminal Law

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Author:
mtramm
ID:
159277
Filename:
Criminal Law
Updated:
2012-06-18 22:38:41
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Criminal Law
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Criminal Law
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  1. Culpable Acts can be either: 
    Comissions or Omissions 
  2. A comission is an act that is  what? 

    and not what? 
    voluntary and one of the actors own volition

    No a reflex or convulsion 
  3. When does an omission exist?
    When there is a legal duty to act:

    • Statute
    • Contract
    • Statuts
    • Voluntary assumption of care
    • Creation of the peril
    •  
  4. If there is a legal duty to act, what other two requirements are needed before this will be considererd an omission
    • Knowledge of the peril
    • Ability to help
    •  
  5. What two defenses are available only to specific intent crimes
    • Voluntary intoxication 
    • Unreasonable mistake  
  6. Mental state of malice is:
    When a defendant acts intentionally with reckless disregard
  7. Mental State General Intent 
    The defendant was genearlly aware of the factors constituting a crime 
  8. Strict liability 
    Public welfare and statutory rape
  9. What are the 5 MPC mental states:
    • Purpose
    • Knolwedge
    • Recklessness
    • Negligence
    • Strict liabiltiy  
  10. Actual causation definition:

    And exception:

     
    • The defendant is the actual cause, the but for cause of the bad result.
    •  
    • Accelerating a death is also considered the actual cause  
  11. Proximate cause definition
    Defendant is the proximate cause if his action would probably and naturally result in the bac result. 

    Not proximate cause if an unforseeable intervening event causes the bad result

    Preexistings weaknesses do not count for proximate cause  
  12. Concurrence Principle?
    Defendant must have the required mental state at the time he engages in the act
  13. Battery definition:

    Mental State: 
    • The unlawful application of force
    • against another resulting in 
    • bodily injury or
    • an offensive touching

    General Intent 

     
  14. Assault definition?

    Mental State? 
    Attempted burglary or 

    Intentional creation other than by words or a reasonable fear in the mind of the victim of imminent bodily harm 

    Specific Intent  
  15. Common Law Murder Definition?

    Mental State
    • Causing the death of another 
    • With malice afore thought

    • Intent to kill
    • Intent to inflict serioius bodily harm
    • Extreme recklessness
    • Intentional comission of an inherently dangerous felony  
  16. Deadly weapons and murder:
    Creates inference of intent to kill
  17. Tranferred intent 
    If a defendant accidentally kills one victim intending to hurt another victim. Intent is tranfered
  18. First degree murder defintion:
    Intentional killing committed with 

    intention and deliberation  
  19. Second degree murder definition 
    All other murders such as: 

    Depraved heart murder intent to do serious bodily harm murder  
  20. Felony Murder defintion:
    • Fellony must be inherently dangerous 
    • D must be guilty of the underlying felony
    • Felony must be indepnednt from the death
    • Death must be foreseeable
    • Victim cannot be cofelon 
  21. WHen must the death take place for the purpose of felony murder
    during comission of the felony or the immiate flight from the felony. Temporary safety ends the felony. 
  22. Vicarious liablity and felony murder 
     
    Proximate cause therory: killing may even be committed by a third party 

    Agency theory:  Killing must be committed by one of the co-felons. 
  23. Voluntary manslaughter
    • An intentional killing 
    • committed in the heat of passion
    • upon adequate provcation  
  24. voluntary manslaughter provacation:
     
    must be subjective and objective 

    must not have time to cool off and must not actually cool off 
  25. Involuntary Manslaughter Definition:
    A killing committed with criminal negligence or 

    A killing committed during the commission of either a misdemeanor or a felony that does not give rise to felony murder provocation theory.  
  26. False imprisonment: 

    Mental State:
     
    • The unlawful confinement of a person 
    • without their consent

    General intent  
  27. Kidnapping definition:
     
    Mental state: 
    • False imprisonment +
    • Moving or conceling the victim  
  28. Forcible rape definition 

    Mental state  
    • Sexual intercouse 
    • without victims consent
    • accomplished by
    • force or 
    • threat of force 
    • or while victim is unconscious 

    General Intent 

     
  29. Larceny definition: 

    Mental State  
    • Trespassory 
    • Taking
    • And carrying away
    • of the personal property
    • of anther
    • with the intent to
    • permanently retain the property  
  30. Erroneous taking and larceny 
    A taking under a claim of right, even if erroneous, is never a larceny
  31. continuing trespass 
    if defendant takes property without intent to steal but later developes that intent the intial taking is considered to have continued 
  32. Embezzlement definition 
    Conversion of personal property of another by a person already in lawfyul possession of that property with the intent to defraud 
  33. mental state for embezzlement:
    Specfic intent 

    No intent to defraud if the defendant intends to give the property back in its exact form 
  34. Difference between larceny and embezzlement 
    for embezzlement person already has possession
  35. False Pretenses 
    Obtaining the title to the personal property of another by an intentional false statement with the intent to defraud 
  36. key differnce between false pretenses and larceny:
    in larceny defendant gets custody of the property in false pretenses he gets title and ownership
  37. false statement in false pretense:
     
    must be in the form of a present or past promise 
  38. Larceny by trick:
    if defendent obtains only possession not title as the result of a false statement 
  39. Robbery:
     
    mental state  
    • Larceny from another's person or presence 
    • by force or threat of immediate injury

    specific intent  
  40. Forgery 

    mental state  
    Making or altering a writing so that it is false 

    intent to defraud  
  41. MPC approach to threft offenses 
    MPC groups all of them into one crime known as theft 
  42. Burglary 
    Breaking and entering the dwelling of another at night with the intent to commit a felony inside 
  43. Arson

    mental state
    The malicious buring of a building

    Malice 
  44. buring for purpose of arson must rise to what level?
    material wasting and building itself must burn
  45. Possession of contraband
    control for a period of time long enough to have an opportunity to terminate possession 
  46. Contrucitve possession
     
    defendatn must have dominion and control over it, not necessarily on his person
  47. mental state for possession
    knowledge 
  48. Reciept of stolen property

    mental state 
    Recieving possession and control of personal property 

    know that the property is stolen and have the intent to permanently deprive  the owner of his interest in the property  
  49. Accomplice liablity 

    mental state
     
    aid and encourage the principal 

    intend that the crime is committed  
  50. acomplice liabiltiy scope 
    accomplice is guilty of all crimes that he aids or encourages and all other committed crimes along wit hthe aided crime 
  51. when is a person not an accomplice?
    • Mere presence at the scene of the crime 
    • Mere knolwedge of the crime
    • Victims  
  52. Withdrawal from accioimplice liabilty
    if an accomplice encourage the principal he may withdraw by repudiating the encourage ment before the crime is committed 

    aider: must neutralize his support or otherwise prevent the crime from happening  
  53. Three elements of accessory after the fact: 
    • defendant must
    •  help
    •  knowledge
    • intent  
  54. What are the three inchoate offenses
    • attempt 
    • solitication
    • conspiracy  
  55. Solititation definition 

    mental state
     
    • asking someone to commit a crime 
    • with the intent that the crim is committed

    specific intent  
  56. Conspiracy definition: 

    mental state
    • An agreement between two or more people to commit a crime plus
    • an over act in furtherence of the crime

    Agreement may be proved by conduct that is a concer of action to accomplish the objectives of the conspiracy 
  57. is completion necessary for conspiracy 
    no just the agreement 
  58. Bilateral and uninlateral approach for conspiracy 
  59. vicarious liability for conspriacy 
    defendant will be liable for other crimes committed if:

    those crimes were committed in furtherence of the conspiracies objective 

    and were forseeable  
  60. Attempt 

    mental state 
    An overt act beyond mere preperation 
  61. attempt has two tests for overt act
    Proximinty test: conduct that gets dangerouslly close to the commission of a crime 

    Substantial step: conduct that strongly corroborates the actor's criminal purpose 
  62. Is impossiblity a defense to attempt??
    no factual impossibilty is never a defense to attempt 
  63. is legal impossiblity a defense to attempt?
    yes 
  64. Merger rule for incohate crimes:
    solitication and attempt merge with the completed crime 

    conspiracy does not
  65. Insanity defense 
    Mental disease or defect 
  66. three tests for insanity defense 
    m'naughton test: did not know the nature of his conduct was wrong or did not understand the nature of his conduct 

    irresistible impuse test: unable to control actions or was unable to conform hsi conduct to the law

    MPC uses both cognitive and volutional  
  67. difference between insanity and incompetency 
    • Insanity: not guilty 
    • Incompetency: trial postponed till defendant can regain competency 
  68. Voluntary intoxication 
    • only a defense to specific intent crimes 
    • requires severe prostration of the faculties  
  69. Infancy 
    • rule of 7s 
    • under 7 cannot be prosecuted
    • under 14 rebuttable presumption against prosecution
    • 14 and above prosecution is allowed  
  70. mistake of fact defense 
    • specific  intent crimes : any mistake will be a defense 
    • malice: only reasonable mistake will be a defense
    • strict liabilty: mistake will never be defense  
  71. Mistake of law 
    generally not a defense 
  72. self defense definition for non deadly force:
    reasonably necessary to protect against the immediate use of unlawful force against himself 
  73. self defense definition for deadly force:
    may use deadly force in self defence if facing the imminent threat of death or serious bodily harm 
  74. what are the two complications to the use of deadly force:
    intitial aggressor rule: may not use deadly force if he is the initial aggressor, but he can regain this right if he withdraws from the fices and communicates this withrawal or the victim suddenly escalates a non deadly fight to a deadly one

    retreat rule: in some states a defendant is required to retreat before using deadly force in self defense. Majoirty rule is that this is not required. Minority rule is that this is required uniless no retreat in complete safety or D is in home of the victim.  
  75. self defense and mistake:
    • reasoanble mistake is still a complete defense 
    • unreasoanble mistake:
    • majority is no defense at all
    • minority is mitigating but not exonerating  

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